Laws Directly Affecting Dog Owners
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 آ£5,000).
Responsible Ownership
Dogs (Fouling of Land) Act 1996
Local authorities have the power to introduce and enforce dog fouling byelaws under which a person in charge of a dog can be heavily fined for allowing dogs to foul in a public place. The Dogs (Fouling of Land) Act 1996 applies to designated land which has been identified by the local authority and advertised in a local newspaper. This designated land may include roads, parks and other public areas within the local authority’s boundaries. An offence is committed if a person in charge of a dog fails to clean up its faeces. It is no defence to claim ignorance of the dog's actions, the law, or not to have a device available to remove the faeces. This could result in a prosecution and fine up to آ£1000 (Level 3).
Protection of Animals
There are several Acts on the Statute Book which protect dogs from ill treatment, among them are the following:
The Protection of Animals Act 1911
This makes it an offence to cruelly beat, kick, ill treat, torture, infuriate or terrify any animal. It is also an offence by action or omission to cause unnecessary suffering, or, being the owner, permit any unnecessary suffering to be caused to the animal. This Act was amended to allow an owner to be banned from keeping a dog either for life or for such a period as the court thinks fit.
Abandonment of Animals Act 1960
This Act extends the definition of cruelty to include abandonment of an animal.
