(Your
legal responsibility as a dog owner)
__________________________
As a
responsible dog owner, it is important for you to meet with the
requirements of the law. There are a number of Acts and Orders which
all dog owners should be aware of.
Identification
•
Control of Dogs Order 1992
This
requires that every dog, while in a public place, wears a collar
with the name and address of his owner inscribed on it or on a disc
attached to it. If a collar is not worn when out in a public place,
the dog may be seized by the police and treated as a stray. Also the
owner, and any person in charge of the dog permitting him to be in a
public place without a collar, will each be guilty of an offence and
may be prosecuted and fined.
If
your dog does stray, you should immediately contact your local dog
warden (through the Environmental Health Department at your local
council) and the local police station. The Environmental Protection
Act 1990 allows for your dog to be seized and sold or destroyed if
unclaimed after a seven day period.
•
Microchipping
Sadly,
dogs are often destroyed because their owners cannot be found and
the dog cannot be found a home. If a dog is microchipped with his
own unique identification number registered on a national database,
owners can be traced very quickly and the dog can be returned safe
and sound.
Control
• Town
Police Clauses Act 1847 (outside London)
and Metropolitan Police Act 1839 (London)
These
Acts make it an offence to allow an unmuzzled, ferocious dog to be
left at large, or for a person to set on or to urge any dog attack,
worry or put in fear any person or animal in the street.
• Dogs
Act 1871
Under
this Act, a court may, upon complaint that a dog is dangerous and
not kept under proper control, order the owner to keep him under
proper control or to be destroyed.
•
Animals Act 1971
Under
this Act a dog may be shot, without warning, by a farmer for
worrying his livestock and the owner could face criminal prosecution
for the same offence under the Dogs (Protection of Livestock) Act
1953.
• Road
Traffic Act 1988
This
makes it an offence to have a dog on a designated road without the
dog being held on a lead.
•
Guard Dogs Act 1975
It is
an offence to use or permit the use of a guard dog on any premises
unless the handler, who is capable of controlling him, is present on
the premises and the dog is under control. The dog must be secured
so that he is not at liberty to go about the premises. A warning
that a guard dog is present must be clearly exhibited at each
entrance to the premises.
•
Dangerous Dogs Act (DDA) 1991
There are two main sections to this Act.
Section 1 applies to four specific breeds of dog including ‘the type
of dog known as the pit bull terrier’. Owners of these breeds had to
comply with certain legal requirements, including having their dog
registered, neutered, microchipped and tattooed. One of the main
problems with this law is that the pit bull terrier is not a
recognised breed in the UK.
As a result, many owners of cross breeds which resemble a pit bull
terrier ‘type’ have been charged under the Act.
Section 3 applies to all dogs, making it a
criminal offence to allow a dog to be dangerously out of control in
a public place. This includes instances where there is fear that an
injury might occur.
Owners found guilty under either section of the Act could have their
dog destroyed, face the possibility of six months in prison and/or a
fine not exceeding level 5 (at present up to £5,000).
Responsible Ownership
•
Clean Neighbourhoods and Environment Act 2005
Since 6th April 2006 local authorities in
England
and
Wales
have had the power to introduce new Dog Control Orders under this
Act
These Orders may restrict where you can walk
your dog (on or off lead), how many dogs you can walk at one time,
and makes it an offence if a person in charge of a dog fails to
clean up its faeces. Designated land may include roads, parks
and other public areas within the local authority’s boundaries; in
fact any land which is open to the air and to which the public are
permitted to have access.
If you don’t abide by these Orders, you could be fined up to £1000.
It is no defence to claim ignorance of the dog's actions, the law.
Protection of Animals
There
are several Acts on the Statute Book which protect dogs from ill
treatment, among them are the following:
Animal Welfare Act
This Act came into force on the 27th March
2007 in
Wales and the 6th
April 2007 in
England.
This Act introduces the new legal concept of a
‘duty of care’, which means that people are now legally obliged to
ensure the welfare of the animals in their care. A person who
owns a dog, or is looking after a dog (or other animals covered by
the Act) must make sure the dog has a suitable environment; has a
suitable diet; is able to exhibit normal behaviour patterns; is
protected from pain, suffering, injury and disease. The carer
must also address the dog’s need to be housed with, or apart from,
other animals.
The Act also covers the sale of animals to people under 16 years,
dog fighting, tail docking and more.
•
Abandonment of Animals Act 1960
This
Act extends the definition of cruelty to include abandonment of an
animal.