Your Dog And The Law

Your responsibilities as a dog owner, including dangerous dogs and dogs which cause a nuisance

A Dog Owners Responsibility

Every dog owner has a responsibility to ensure that their pet does not cause a nuisance to others. This means that as the owner you must comply with certain laws, most of these are straight forward and are there to ensure that people and dogs can live happily and safely in the community.

This information has been compiled to advise dog owners of their responsibilities and how best to carry them out.

Stray Dogs

Rushmoor's Dog Wardens are called out nearly every day of the week to seize dogs which have been allowed to run free in public areas without proper control.

Of course most stray dogs are lost pets who need re-uniting with their owners, but there are unfortunately some owners who allow their dogs to stray again and again.

On any one day in the UK there are around 500,000 stray dogs. These cause road accidents, nuisance from fouling and attacks on other dogs and people.

Environmental Protection Act 1990

Under the Environmental Protection Act 1990 all local Councils are required to collect stray dogs. A stray dog is any dog in a public place on its own.

Any dog found straying will be picked up by the Dog Warden. Where it is possible to immediately identify the owners of the dog it will be returned to the owner. In all other cases the dog will first be registered and then taken to the Council kennels until claimed. A dog owner has up to 7 days to claim back their pet. The owner will have to pay a fixed fee set by the Government plus all kennelling fees incurred. The total charges have to be paid in full before a dog can be returned.

Any dog that is not claimed within SEVEN DAYS will be rehomed or passed on to an appropriate rescue organisation. Every effort is made to find new homes for unclaimed strays regardless of age and destruction would only be on our vets advice, The Council maintains Registers for both lost and found dogs which help to re-unite dogs and owners.

Dogs on Roads

The Borough of Rushmoor (Control of Dogs on Roads Order) 1993 make it an offence for any dog to be on or near a designated road without being held on a lead. The fine for walking your dog off lead on any of Rushmoor's roads could be a maximum of £200.

Collar and Tag

The easiest way of ensuring the safe return of your dog is to provide your dog with a collar and tag. Under the Control of Dogs Order 1992 every dog while in a public place must wear a collar with the name and address of its owner inscribed on it or on a disc attached to it. Failure to do so could result in prosecution and a fine of up to £2,000.

Lost Dogs

If you lose your dog you should contact Rushmoor Borough Council's "Dog line" on (01252) 398166 to see if your dog has been picked up. An answering machine operates out of office hours on the above telephone number to give advice on what you should do. You should also contact your local Police Station to check if the dog has been handed into them.

Nuisance Caused by Dogs

Fouling

Dogs under the control of considerate dog owners have always been and will continue to be welcome in Rushmoor's parks and open spaces. However, the problem of dog fouling in public places is now becoming a major concern for many people.

The Problems

More than 250,000 tonnes of dog faeces are deposited in the country each year.
If left in parks and open spaces, this can be both unpleasant and a health hazard.
Dog mess may cause problems to users of parks, play areas and sports grounds.
Faeces can carry and transmit disease to children particularly toxocariasis which can cause blindness.

The Answer

Rushmoor Borough Council has adopted the provisions of the Dogs (Fouling of Land) Act 1996. This requires that anyone in control of a dog must clean up immediately after their dog fouls on any land which is open to the air and to which the public are entitled or permitted to have access. A copy of the designation order showing land designated for the purposes of this act may be viewed at the Council Offices, Farnborough Road.

Failure to clean up after your dog is an offence. Anyone seen allowing their dog to foul and not cleaning up after it will be approached by the Council's Dog Warden or other authorised officers and issued with a fine (Under The Dogs (Fouling of Land) Act, the Fixed Penalty fine is now £75.00). The owner will have the opportunity to pay the fixed penalty and thereby avoid conviction. If the fixed penalty is not paid, the owner may be prosecuted and if found guilty of the offence, fined a maximum of £1,000.

If you require further information on the Dogs (Fouling of Land) Act please contact the Dog Line on 01252 398166.

Rushmoor Borough Council have installed a number of dog bins throughout the Borough to encourage owners and anyone in control of a dog to clear up after the dog to comply with the Dogs (Fouling of Land) Act 1996. These bins are red or green with a dog logo on the front.

Several types of poop scoops for removing dog waste are available from all pet shops and some supermarkets. The most common type of poop scoop is an ordinary plastic bag or nappy sack, because they are cheap and easy to use.

Worming

Good dog owners want to keep their dog happy and healthy so it is important to make sure your dog is wormed regularly. Worming tablets and formulas are available from pet shops and vet surgeries.

Dog's Age	Frequency
2 weeks to 3 months of age	every 2 weeks*
4 months to 6 months of age	once a month*
6 months old onwards	every 3 months*

* As recommended by the Pet Health Council

Your Dog & the Environmental Protection Act

Barking Dogs

Usually, the last person to know that their dog is barking and causing a nuisance to other residents when left alone is the owner. If you have just got a dog or moved with your dog to a new area, or suspect that your dog may bark, it is worth asking your neighbours if it is barking in your absence and if so, monitor the noise.

General Causes

Dogs normally bark because:

• They are insecure
• They are left alone too long and are lonely and bored
• They are not receiving enough exercise and training
• The space provided for them is too small
• They hear people calling at the house
• They have a medical problem

Your vet or Dog Warden may also be able to give you advice as to possible solutions and equipment which may help to stop your dog barking.

Remember

A continuously barking dog may be a problem as far as a neighbour is concerned. Tackled early, it is an easier problem to resolve. If an Environmental Health Officer is called upon to investigate a complaint it may lead to a Statutory Notice under the Environmental Protection Act 1990 being served on you. This is a legal document which will allow you a specific time - usually 21 days - in which to stop the nuisance caused by your dog barking.

You may incur financial penalties if you do not stop your dog barking and ultimately may be required to part with your dog. That is why it is most important to co-operate in making improvements at a very early stage.

Contact the dog warden if you have any queries relating to dog barking.

Garden Accumulation

Under the Environmental Protection Act 1990 it is an offence to allow large quantities of dog faeces to accumulate in your garden as it may cause a problem through smell, flies etc to your neighbours.

Hopefully any problem can be dealt with informally. If however, this is not the case, the Environmental Health Service may serve an abatement notice under the Environmental Protection Act 1990. This would require the owner or occupier of the premises to clear the garden of all dog faeces and maintain it clear of dog faeces.

Failure to comply with the notice may result in prosecution in a Magistrates Court.

Dangerous Dogs Act 1991

Many dog owners think that the Dangerous Dogs Act 1991 only applies to specific breeds e.g. the Pit Bull Terrier. This is not the case, Section 3 of the Act refers to all dogs of any type or breed and makes it a criminal offence to allow any dog to be dangerously out of control in a public place or a private place where the dog has no right to be.

A dog is regarded as "dangerously out of control" under the Act if there are grounds for suspecting that it will injure a person, whether or not it actually does so. If no injury is caused, the maximum sentence is a fine of £2,000 and/or six months imprisonment. Where actual injury is caused the maximum sentence is two years imprisonment and/or unlimited fine, plus if appropriate, destruction of the dog.

The Court can also specify particular forms of restriction, such as muzzling or leashing, for all types of dog, as well as having the power to disqualify owners from having custody of a dog for any period of time felt appropriate.

For further information regarding your dog and the law, please contact the Dog Line on 01252 398166.

Useful Information and Numbers

Dog Bites

After obtaining medical attention always report the incident to the Police.

Road Accidents

All road accidents involving dogs should be reported to the Police within 24 hours.

Buying Dogs

For a free list of reputable breeders of pedigree dogs contact the Kennel Club. If you want an older dog or a non-pedigree puppy contact a dog rescue organisation.

Rehoming Dogs

Contact the RSPCA, other dog rescue kennels or ask the Dog Warden for advice about rehoming pedigree and non-pedigree dogs.

Welfare

Contact the RSPCA if you believe a dog or any animal is being neglected, cruelly treated or used for illegal purposes such as dog fighting.

Other Problems

Contact Rushmoor Borough Council Dog Warden for advice regarding strays, fouling and other dog nuisance.

General

For details of boarding kennels, vets, dog groomers etc. look in yellow pages. For general advice eg. training classes, phone the Dog Warden who is there to help and advise on any dog related issue.

Information is courtesey of the Rushmoor Bourough Council Website