Do you know the dog law?

As a dog owner, you should be aware of laws, which affect you and your dog. Here are some useful guidelines to help you keep within the dog law! The Kennel Club is the best place for advice on these issues and provides many services to help you to be a law abiding, responsible dog owner.

Protection of Animals Act 1911

You are required to provide necessary care and attention to your dog. It is a criminal offence to cause or allow unnecessary suffering to an animal (by acts of commission or omission). You are not allowed to cruelly ill-treat, terrify, infuriate, kick, beat, torture or cause unnecessary suffering through transportation to any animal.

Identification and stray dogs

• The Control of Dogs Order 1992 advises that any dog in a public place must wear a collar tag with the name and address of the owner written on it. Your telephone number is optional. 
• It is highly recommended that your dog is microchipped and registered with Petlog, the largest pet reunification scheme in the UK, as this can prove extremely effective in locating a lost pet. The Petlog Plus Lost and Found service can even alert local vets and dog wardens when an owner reports where their pet was lost.  This can be done by telephone, SMS text message or via the Petlog website.  Contact Petlog on 0870 606 6751 or visit www.petlog.org.uk to find out more.
• The Abandonment of Animals Act1960 states that it is an offence to abandon any animal in circumstances likely to cause it unnecessary suffering. In one case the meaning of abandonment was defined as a physical leaving unattended of the animal in circumstances where suffering was likely and where there was sufficient evidence to prove that the defendant had relinquished, wholly disregarded or given up his duty to care for the animal.

Be aware

• Under the Environmental Protection Act 1990, dog wardens are obliged to seize stray dogs. The police have discretionary power to seize stray dogs under the Dogs Act 1906. They are entitled to charge you fees before they will give you the dog back.

Remember

• If either the police or the dog warden seizes your dog, they are only required to keep it for seven clear days before legally being able to sell it, give it away or even have it destroyed. Therefore, if your dog strays, you should notify both the police and the dog warden immediately.
• If a member of the public finds a stray dog they must return it to its owner, or take it to the local police or dog warden. If the finder wants to retain the dog, this will probably be allowed, provided they are considered to be capable of looking after a dog and they agree to keep it for at least 28 days. However, the original owner could still have a claim for the dog's return.  Remember that it is illegal to take a found dog into your home without reporting it to the police first.
• Always pick up after your dog.
• If your dog defecates and you fail to remove the faeces forthwith, you will commit an offence under the Clean Neighbourhoods & Environment Act 2005, which could result in a fine of up to £1,000.
• Make sure you are aware of local byelaws.
• Byelaws are often implemented by local authorities that make it an offence for your dog to be on a road without it being on a lead. The Road Traffic Act 1988 states that dogs have to be kept on a lead on a designated highway. Enquire from your highways authority as to which roads are designated.
• Remember the Countryside Code when out walking with your dog. This states that dogs must be kept under proper control at all times and they must be on a lead where there is livestock around. If your dog worries livestock, the farmer has the right to stop your dog (even by shooting your dog in certain circumstances) under the Dogs (Protection of Livestock) Act 1953.

Dangerous Dogs

• Always keep your dog under proper control.

Under the Dangerous Dogs Act 1991, it is a criminal offence (for the owner and/or the person in charge of the dog) to allow a dog to be ‘dangerously out of control’ in a public place, a place where it is not permitted to be and some other areas.

‘Dangerously out of control’ can be defined as if a dog injures someone or there are grounds for reasonable apprehension that it may do so. Something as simple as your dog chasing, barking at or jumping up at a person or child could bring a complaint, so ensure that your dog is under control at all times.

If your dog injures a person, it may be seized by the police and your penalty may include a prison sentence and/or a ban on keeping dogs. There is also an automatic presumption that your dog will be destroyed (unless you can persuade the court that it is not a danger to the public, in which case it may be subject to a control order). You may also have to pay a fine, compensation and costs.

Under the Dogs Act 1871 it is a civil offence if a dog is dangerous (to people or animals) and not kept under proper control (generally regarded as not on a lead nor muzzled). This law can apply wherever the incident happened. The dog can be subject to a control or a destruction order and you may have to pay costs.

Noisy Dogs

If your dog’s barking causes a serious nuisance to neighbours, the local authority can serve a noise abatement notice, which if unheeded can result in you paying fines and legal expenses. Under the Clean Neighbourhoods & Environment Act 2005 dog control orders may be invoked by local authorities. Therefore, local byelaws may exist to provide that a person may not keep a noisy dog or dogs in any house, building or premises.

Damage

• You could be liable for damage caused by your dog under the tort of negligence or under the Animals Act 1971. It is highly advisable to have third party liability insurance cover and (preferably) pet health insurance as well.

Vehicle Travel

• Under the Road Traffic Act 1988, if a dog is injured in a car accident, the driver must stop and give his/her details to the person in charge of the dog. If there is no person in charge of the dog, the incident must be reported to the police no longer than 24 hours later.
• According to the Road Traffic Act 1988, dogs travelling in vehicles should not be a nuisance or in any way distract the driver during a journey.

Breeding and Sale of Dogs (Welfare) Act 1999

• Those breeders who breed five or more litters per year must be licensed under this Act by their local authority. However, breeders with fewer litters will also need to be licensed if they are carrying out a business of breeding dogs for sale.
• The Act states that licensed breeders: -

1. May not mate a bitch, which is under 12 months of age.
2. May not whelp more than six litters from a bitch.
3. May not whelp two litters within a 12-month period from the same bitch. In addition, the Act states that: -
4. The breeder must keep accurate records.
5. A puppy cannot be sold until it is at least eight weeks of age, other than to a keeper of a licensed pet shop or Scottish rearing establishment.

Other Laws you may want to research:

• Animal Boarding Establishments Act 1963
• Guard Dogs Act 1974 and 1975
• Town Police Clauses Act 1847
• Metropolitan Police Act 1839
• The Performing Animals Act 1925