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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.
For more information on microchipping click here (opens new browser window)
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).
For more information on this Act click here (opens new browser window)
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.
For more information about these Orders click here (opens new browser window)
Protection of Animals
There are several Acts on the Statute Book which protect dogs from ill
treatment, among them are the following:
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.
For more information click here (opens new browser window)
• Abandonment of Animals Act 1960
This Act extends the definition of cruelty to include abandonment of an
animal.