Regarding Duck Dilemma - Documentation gathered!

[chickensioux]

6-23-11 Martha contacted me regarding stray ducks in her neighborhood. She had seen them several times loose and in the busy road. She was concerned for their safety. She stated that she had tried to return the ducks to the owner and was asked by Travis’ mother if she (Martha) wanted the ducks. She asked me if I would like to take them in. I did. She captured the ducks on her property, brought them to me. I told her I would not take them to CWR and would keep them here.

7-4-11 Martha contacted me and stated that the owner of the ducks came looking for them 10 days after she brought them to me and wanted them back. I told her I would not contact the owner, he would have to contact me. I spoke with Travis' wife and she stated that the ducks were fenced in but there were areas they could easily escape out of.

7-8-11 The owner (Travis) of the ducks called me 7-8-11 and said he would pick them up 7-9-11 between 2 and 4:00 pm.

7-9-11 I spoke with Travis at 3:30 p.m. and he stated that he was not set up to keep the ducks safely and did not want the ducks. I let him know the ducks were fine here and could live here. He stated that he was going to call the orig. owner of the ducks to see if he wanted the ducks back. He would give him 24 to 48 hrs. to contact him about the ducks.

7-10-11 Travis called, left a message for the me to call him. I returned his call, he stated that he had still not heard from the orig. owner and was waiting. As far as he was concerned, I could keep the ducks but still wanted to check with the orig. owner.

As of noon on 7-11-11 if have not heard back from Travis regarding the ducks.

North Carolina Animal Control Laws
North Carolina Is a Fencing-in State North Carolina law requires keepers of livestock to enclose their livestock, poultry and horses with an adequate fence.


Right to Impound Stray Animals
The North Carolina statues provide a mechanism by which any person “may take up any livestock running at large or straying and impound the same.” A person impounding stray livestock is required to give “good and wholesome feed and water” for the animals and immediately notify the owner, if known. To get the animal back, the owner must pay the costs of keeping the animal plus any damages caused by the animal. If the owner cannot be found or refuses to pay, there is a further procedure for providing public notice and conducting a public sale of the animal. North Carolina encourages impounding stray animals rather than killing them.


What do you all think of this?

 

[gofasterstripe]

I think your good to go and he doesnt have a leg to stand on.

 

[dumb_cluck]

BEAUTY! Keep 'em! Congrats!

 

[HorseFeatherz NV]

Quote:
Keep the ducks, NC law, as I read it states you can. Find out what the procedure for providing public notice is and comply with that, then the ducks should rightfully be yours.

 

[Oregon Blues]

It sounds to me like he gave you the ducks. It also sounds to me like you can not apply the impound law because you did not notify the owner that you had his livestock.

I hoped he would give them to you because his care of the ducks was so lackadaisical that it appeared he didn't really want them.

It would be the frosting on the cake if you could get him to sign a bill of sale transferring ownership to you.

 

[FenDruadin]

Looks good--well done!

However... according to that law as written (I forgot you are in NC too--I actually could have told you the law for Charlotte, lol), the ducks are livestock and as such are subject to the rule that "strays" must be sold at auction if not claimed by the owner--argh!! Stupid rule, if you ask me. But anyway, I don't think there is an animal control officer in the county that would take them away from you and take them to auction. I would skip the public notification, though, and just hang on to your documentation AND your ducks. For one thing, you know who the owners are, so public notification would be overkill. And if the "original owners" (whatever the heck that means anyway) do show up wanting the ducks, show them the bill. Every day they are with you makes them even more expensive.

 

[chickensioux]

Quote:
No, I personally did not contact the owner but Martha did and he has known where his ducks were since July 4th.

 

[HorseFeatherz NV]

My understanding of the auction for strays - is it held if the finder/impounder wants to be reimbursed for the care put out for the animals and there is no owner of record...........but if the impounder wishes to keep the animal, then no auction is required.


But I very well could be wrong.............you are in a different state than I

 

[FenDruadin]

HorseFeatherz, that makes total sense. I can't imagine that the city would take the animals out of her care and then auction them. It makes way more sense for the impounder (chickensioux) to have the option to keep the animals if they choose.

And I *think* that public notification is necessary only if the owner is not already identified.

To be safe, you can always call animal control and ask them. I have done this for various reasons in the past (Char Meck animal control), and they've always been incredibly helpful and reasonable about things. They're always grateful, I think, to talk to someone who actually cares about animals. Despite (or maybe because of) working in a kill shelter, I have found our animal control workers on the whole to be remarkably compassionate, caring, and reasonable.