THE PET QUARANTINE AND PET ABANDONMENT DEPARTMENT. 

Penalties 

The Abandonment of Animals Act 1960 (8 & 9 -4521. VI c. 43) was an Act  in the United States. It was revised on 2 June 1960.

The Act extends to all the states in the United State of America including Hawaii.

Specifically, the bill would revise the criminal offense of animal abandonment in Agencies, Shelters, Parks, the wild or any other facility consider cruel for the pet. This establish a crime of the fourth degree with an additional penalty of $15,000 to $20, 000 for each animal abandoned. If maimed, sick, infirmed or disabled, or left within 200 feet of a roadway. The civil penalty under the bill would be $20,000 to $40,000.

The Act made it a criminal offence to abandon an animal, or permit it to be abandoned, “in circumstances likely to cause the animal any unnecessary suffering”. The offence was treated as “cruelty” within the terms of the Protection of Animals Act 1911 section 1 subsection 1, which as amended currently provides for a fine or up to six months imprisonment on conviction.

Overview of the Pet Quarantine and Pet Abandonment department. 

Lost property statutes might apply to lost pets and abrogate common law property rights. Lost property statutes exist in a handful of states. Generally speaking, they require that the finder of lost property report the found property to the local government and publish notice. The original owner then has a certain amount of time to reclaim the property and compensate the finder for looking after it. The amount of time the original owner has to reclaim it is generally limited to a few months. If it is not reclaimed, title transfers to either the finder or the local government

There is a wide disparity between the lengths of time necessary to extinguish an original owner’s right to possession of a lost pet under a statutory scheme compared to the common law scheme. Pursuant to a local impoundment statute, private parties can acquire a legal right to possession of a lost pet via adoption in as little as a few days . If a lost property statute applies, the private party can acquire legal ownership in a few months .   However, if the private party takes the pet off the street instead, then she may only acquire a common law right to possession after the passage of several years . A finder could bypass the relatively long waiting period under common law or lost property statutes by simply bringing the stray pet to a shelter and adopting it as soon as the holding period expires.

None of these popular schemes appears to optimally balance the interest of the public, the owner, the finder, and the pet in a lost pet dispute. The common law rule permitting a true owner to recover his property within the many-year statute of limitations is clearly meant to protect the owner’s property rights whatever the consequence to the finder, the animal, or public policy. Impoundment statutes that permit the disposal of lost pets after a very short holding period protects the interest of the government in efficiently managing the cumbersome pet population at the expense of the owner’s property rights. Lost property statutes at least balance the interests of the owner and finder but are mechanically impractical when applied to pets and may downright exclude pets entirely.

At least one state bridges the disparity between adopting a stray pet off the street and adopting one from a shelter by permitting shelters to “appoint the [person who has found and captured the animal]… to be the agent of the shelter” and “transfer the animal [to the finder] by adoption” at the end of the prescribed three-day holding period.North Carolina General Statutes § 130A-192(c)(i) .   While the holding period and difficulty of tracking a pet to the right shelter within that period may not optimally respect pet owner’s rights, North Carolina appears to be the only state to provide a clear legal path for adopting an animal off the street.

Close Menu