Dog owners and the law
If you are a dog owner, or dog walker, there are a number of laws you should be aware of. We highlight the most important legal issues for dog owners and walkers.
Local authorities, parish councils and similar authorities have powers where a dog is not under sufficient control in a public place, or its faeces have not been collected. Under the Clean Neighbourhoods and Environment Act 2005, local authorities, etc. have the power to make Dog Control Orders in relation to public land.
A Dog Control Order may relate to the fouling of land by dogs and the removal of dog faeces; the keeping of dogs on leads; the exclusion of dogs from land and the number of dogs which a person may take on to any land. Failure to comply with a Dog Control Order is a criminal offence punishable by a maximum fine at Level 3 (£1000).
An authority can issue a fixed penalty notice in place of prosecution. It is an offence, punishable by a fine, not to supply your name or address, or to give a false or inaccurate name or address to a person authorised under the 2005 Act to issue a fixed penalty notice.
Leads, collars and muzzles
Under the Road Traffic Act 1988 it is a criminal offence for a dog to be on a designated road (ie. a public road) without being held on a lead. There are exceptions for dogs proved to be kept for driving or tending sheep or cattle in the course of a trade or business; and dogs proved to have been at the material time in use under proper control for sporting purposes.
The Control of Dogs Order 1992 requires every dog (subject to a few exceptions) while on a public highway or in a public place to wear a collar with the name and address of the owner inscribed on it or a plate or badge attached to it. The exceptions include:
- packs of hounds;
- dogs used for sporting purposes;
- dogs being used for the capture or destruction of vermin;
- dogs being used for the driving or tending of cattle or sheep;
- dogs being used on official duties by a member of the Armed Forces or Customs and Excise or a police force;
- dogs being used in emergency rescue work, and;
- dogs registered with the Guide Dogs for the Blind Association.
If you do not comply with the legal requirements for a collar, you can be prosecuted and fined under the Animal Health Act 1981. Furthermore, if your dog does not have a collar on a highway or in a public place, it can be treated as a stray dog and seized by the Local Authority.
Under the Dangerous Dogs Act 1991 it is a criminal offence to allow a pit bull terrier, Japanese tosa or any dog designated by the Secretary of State as being a dog bred for fighting, to be in a public place without being muzzled and kept on a lead by someone who is 16 years old or above. Where an offence is committed the offender may be imprisoned and/or fined. The Court may also order the destruction of the dog and may order the offender to be disqualified from having custody of a dog, for such period as the Court thinks fit.
For more information on:
- Micro chipping
- Safety to others
- Dogs and livestock