Disclaimer: I am not an attorney, and the content of this article is for informational purposes only. It should not be construed as legal advice. If you have specific legal questions or concerns, please consult with a licensed attorney in North Carolina.

North Carolina is home to an abundance of so many great thing. Beautiful islands, Smokey blue ridge mountains, and, of course, barbecue. But one thing North Carolina is brimming with often goes overlooked: stray dogs. Stray dogs in North Carolina have a hard time, and there are aa lot of them. If you find a stray dog in North Carolina, you may be tempted to skip the shelter and just keep it. But how long before a stray dog is legally yours in North Carolina? And what are your legal responsibilities if you find one?

How Long Before A Stray Dog Is Legally Yours In North Carolina?

In North Carolina, if you find a stray dog, you should surrender it to animal services, which will hold the dog for at least three days. After that, you can adopt the dog and make it legally yours. If you don’t do this, you won’t have legal rights to that dog for 5 years, and you may be guilty of theft.

Under North Carolina General Statute § 130A-192, animal control officers are responsible for ensuring that all dogs in the community wear the required rabies vaccination tags. If they encounter a dog running without these tags, they must attempt to identify the owner.

If the owner is identifiable, they are notified in writing and given three days to vaccinate their animal against rabies and present the required certificate.

When it is impossible to identify the owner, the Animal Control Officer has the authority to impound the animal.

The county board of commissioners sets the minimum duration of impoundment, which cannot be less than 72 hours. During this period, they try to locate the animal’s owner, including scanning for a microchip.

If the owner does not reclaim the animal within the impoundment period, there are several potential outcomes. The animal can be returned to its owner, adopted by a new owner, or euthanized.

Before euthanizing an animal, the responsible party must make it available for adoption, as per G.S. 19A-32.1.

Moreover, officials record all impounded animals, detailing the impoundment date, length, disposal method, and the name of the person or institution receiving the animal upon release.

This is a shorter holding period than other nearby states. For example, stray dogs in Georgia are held for a minimum of 5 days.

Therefore, if you find a stray dog in North Carolina, the best thing you can do is to surrender it to animal services. This gives the rightful owner the opportunity to reunite with their dog.

If they don’t reclaim their dog, you can adopt it and make it legally yours in as little as three days.

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The Responsibility Of Individuals Who Find A Stray Dog In North Carolina

However, it’s important to note that the rules I discuss above are specific to animal control officers. The state of North Carolina does not explicitly state the responsibility of individuals when they encounter a stray dog.

However, dogs are property in North Carolina, similar to most other states. If you find a stray dog in North Carolina, it’s important that you adhere to the state’s lost property laws.

Keeping a stray dog that you find or failing to follow the appropriate legal process may be theft. And, depending on the value of the dog, you could end up in big, big, trouble.

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Dogs As Property In North Carolina

In North Carolina, you should familiarize yourself with the state’s lost property laws when handling a stray dog, especially if you’re wondering how long before a stray dog is yours in North Carolina. NC considers dogs property.

If you find a stray dog in NC, you must make reasonable efforts to contact the owner and reunite them with their lost property. Property, here, includes dogs. The state of North Carolina makes this very clear, particularly as noted by the North Carolina Court of Appeals in the case of the State of North Carolina v. Jean Yvonne Moore.

While this case was about a bag of money found on the sidewalk, the rules are the same. You must make reasonable efforts to find the owner of the lost property. Otherwise, North Carolina considers it an act of larceny.

Reasonable Steps To Find The Owner

In the case of stray dogs, the best and most reasonable effort to take is to surrender the dog to animal control. At this time, the dog will be held for a minimum of three days before you can legally adopt it. 

Other “reasonable steps” may be taking the dog to the vet to have them scanned for a microchip. Others may include posting fliers where you found the dog, or posting in local community forums. 

If you want a legal right to the dog, you must report the dog to animal services. Otherwise, the owner will have a legal right to that dog for 5 years. This is the same as any other tangible property that’s found in North Carolina (§ 116B-53)

After 5 years, the presumption is that the owner has abandoned the property and relinquishes their ownership rights. However, if the owner tries to reclaim the dog within the 5-year period, they maintain their status as the dog’s legal and rightful owner. To claim legal ownership, one must legally adopt the dog.

However, keep in mind that these are just the laws at the state level. How long before a stray dog is legally yours in North Carolina is influenced by your local laws, too. These vary from city to city and county to county.

Stray Dogs In Raleigh, Wake County

In Raleigh, North Carolina, the only way to claim legal ownership of a stray dog is to surrender it to animal services. They will be held there for a minimum of three days. If the original owner does not claim the dog within this period, and you have been caring for it for over five days, the dog can legally become yours.

In Raleigh, local ordinances handling stray dogs are detailed in § 91.51 of the Wake County Code. When an animal is impounded by the Animal Control Section, immediate efforts are made to notify the owner. 

When the owner is unknown or cannot be located, the animal control shelter assigns an impoundment ID. They also post this information, along with the time and place of capture and the notice of impoundment, on the animal’s cage or kennel.

The shelter must display this information for a minimum of three business days.

The definition of “owner” in this context is broad, encompassing any person or entity that has been owning, keeping, or caring for an animal for more than five days.

This definition places responsibility for the care, actions, and behavior of animals on these individuals or entities. In cases where the owner is a minor, the parent or guardian is held liable for compliance with the chapter’s provisions. 

However, this doesn’t make you the “legal owner” of that dog. The original owner will always have legal rights to their lost property (the dog). That is, unless you legally adopt it from animal services.

How Long Before A Stray Dog Is Legally Yours In North Carolina?

Charlotte, Mecklenburg County 

In Charlotte, Mecklenburg County, North Carolina, feeding, sheltering, or caring for a dog for 14 consecutive days makes you its owner. However, the original owner still retains the right to claim their dog. Stray dogs impounded by Animal Services are held for 3 days before they are eligible for adoption and can legally become yours.

In Charlotte, specific guidelines outlined in local ordinances are crucial for residents, particularly when managing stray animals.

The definition of an “owner” in Charlotte’s ordinance is comprehensive. It includes any person who has been owning, keeping, having charge of, sheltering, feeding, harboring, or taking care of any animal for 14 or more consecutive days.

Regarding impoundment, section 3-131 of the Charlotte Code details the process.

If authorities cannot identify or notify the owner of a dog despite reasonable efforts, they may immediately impound the dog.

Impounded animals are held for three working days, excluding the day of impoundment. This period allows owners to claim their pets.

If the owner appears within this three-day holding period, they may redeem the animal by paying all applicable fees. These may include impoundment, boarding, and any outstanding civil citations.

Additionally, they must bring the animal into compliance with all chapter provisions and applicable state laws. The owner has ten calendar days from claiming the animal to fulfill these requirements. Failure to do so results in the forfeiture of the animal.

Unclaimed animals become the property of animal control after a three-day holding period. Subsequently, animal control may either put them up for adoption or euthanize them.

Sources

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