how do you know if an animal is homeless?

messygirl

Hi all

Just wondering how do you know when a dog is actually homeless or lost or if it is just allowed to wander? I work near a town so there are always plenty of dogs walking around. I saw a springer spaniel rumaging in the trash and it looked really hungry but it had a collar. I often see dogs walking around but this guy looked really hungry and I didnt know if I should take him home or let him off? Dont want to be accused of dog napping! How do you know when to step in? My sisters dog doesnt like wearing a collar so she doesnt make him but once or twice he has gotten out (tried talking to her but...)

iora_rua

This is a difficult one. Have just been through the experience of having a dog arrive at our door (out the country) exhausted and starving - gave it water and then food - ate everything it was given! No collar, no chip (taken to the vet to check), just about to have it neutered so we could keep it when, hey presto, owner is located five days later - never thought of putting collar on dog, getting chip for dog, ringing garda station/vet/animal pound/local pet shop - all the places we had informed.

Makes me very cross - if an animal won't accept a collar, then get the animal chipped at least and have them neutered, which means they're less likely to stray. I do wish people would keep their animals from wandering - with the possibility of causing an accident or being killed. A pet should be treated as a very junior family member - would you allow a child to wander at will on busy roads etc? Children and pets = responsibility.

anniehoo

I know its a hard call sometimes. Im forever picking up strays and taking them home. My opinion is if theyre visibily wandering on a public street with no owner in sight, then theyre straying. People amaze me sometimes when their response is "oh he knows his way home".:( forgetting about all the dangerous situations they can get into.

Discodog

The following is from the ISPCA Legal Handbook:

What can an individual do if he encounters a wandering or stray animal?

Given the often serious consequences both to the animals and to members of the public when animals are abandoned or are left to wander, members of the public should report such sightings to the Gardai or, alternatively, the individual may take matter into his or her own hands. This is one of the very few instances in which a member of the public may act of their own volition.

Section 10 (11) of the Summary Jurisdiction (Ireland) Act, 1851 (as amended by the Section 4 (4) of the Animals Act, 1985) provides that: -

“Any person who shall allow any swine or other beast to wander upon any public road, or about the streets or passages of any town, shall be liable on summary conviction, in the case of a first offence under this paragraph, to a fine not exceeding £150 and, in the case of a second or subsequent such offence, to a fine not exceeding £350"...and in the case the owner shall not be known, it shall be lawful for any person by whom any such swine or beast shall be found wandering upon any such road, street, or passage, to impound the same.”

The crucial aspect of Section 10 (11) is that, where the owner is not known, a citizen may impound an animal found wandering in public. It should be noted that this section does not apply to the Gardai and other State authorities whose powers are specified under that Act and elsewhere.

A dog warden or a Garda may seize a dog found straying and may enter a premises other than a place of dwelling in order to effect this seizure (Section 11(1)(2)). If an ordinary member of the public, not being a Garda or a warden, finds a dog which is a stray dog they may take possession and according to Section 13(1) “shall forthwith :-

return the dog to its owner, or
deliver the dog to a dog warden, or
detain the dog and give notice in writing containing a description of the dog, the address of the place where it was found and the address of the place where it is detained to the member in charge at the nearest Garda Station to the place where the dog was found, or to the dog warden.”


I would suggest that the key factor is a name/address tag which is required by law even if the dog is microchipped. If the dog does not have a tag then the legal requirement is to notify the Gardai that you have found the dog. I have been told that, as far as they are concerned, the owner of a dog is the person who's name is on the license.

MODS: Maybe we should have a "What to do if you find a dog or lose a dog" sticky ?. There seems to be a lot of confusion over this.