Nuisance
Whilst dogs are allowed to bark, they are not allowed to bark so that it causes a nuisance. Factors that may be taken into account include the volume, duration of the barking and the time of day the barking occurs.
If a complaint is made to a Council, they have a duty to investigate it. The Council may serve a Noise Abatement Notice. If the barking continues then they may prosecute under the Environmental Protection Act 1990. The likely penalty is a fine.
The neighbour may also take action themselves.
Dog Control Orders
These new laws come from the Clean Neighbourhoods and Environment Act 2005, and give Councils the power to make orders regarding dogs in their area.
They are called dog control orders (DCO's). The power to make such an order is contained in Section 55(1) of the Act. It enables them to be made by district councils and parish councils.
Five offences may be prescribed in a DCO:-
- failing to remove dog faeces
- not keeping a dog on a lead (the length can be specified)
- not putting and keeping, a dog on a lead when directed to do so by an authorised officer (again, the length can be specified)
- permitting a dog to enter land from which dogs are excluded
- taking more than a specified number of dogs onto land
The penalty for an offence is a fine of up to £1,000 OR a fixed penalty may be offered as an alternative.
The offences do not apply to working dogs or guide dogs “where appropriate”
Dangerous Dogs
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).Section 2 Dogs Act 1871
Section 2 Dogs Act 1871
This is a civil complaint, although as it is heard in a Magistrates' Court, it is often (wrongly) said to be criminal. It occurs if a dog is not kept under proper control and is dangerous. Generally is dog is regarded as not being under proper control if it is neither on a lead nor muzzled.
Unlike Section 3 of the Dangerous Dogs Act 1991:
- it applies regardless of where the incident takes place
- proceedings can only be brought against the owner
- a dog can show itself to be dangerous in its general behaviour, not just its behaviour towards a person
- a single incident is generally insufficient to prove that a dog is dangerous, unless the Court believes that the single incident is exceptional
- there is no presumption in favour of destruction of the dog
- the Police have no power to seize a dog pending proceedings
- the Court has no power to fine or order compensation
The Court has unfettered discretion on what to do to the dog. They may order destruction of the dog but such orders are very rare. The alternative is a Control Order (with or without conditions) and the owner will probably have to pay costs.
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.
Section 1 Dangerous Wild Animals Act 1976
It is a criminal offence to possess certain wild animals unless you have a licence granted by a local authority. A wolf crossed with a dog would be an example of such an animal.
Damages Claims
We strongly recommend that all dog owners have insurance to cover you for third party liability claims.
If you do not have insurance cover available and you face a claim for damages caused by your dog, then (as a general rule) you will be liable if:-
- The incident was due to your negligence (ie, you did something you should not have done or you failed to do something that you should have done), or
- Your dog has behaved in a similar manner on a previous occasion and you were aware of it
Custody and Access Disputes
In law, a dog is regarded as a 'chattel' ie. an item that is owned. In the event of a dispute on who should have custody, the Court would consider who is the dog's owner. Such a case is likely to be heard in the Small Claims Court (part of the County Court) and the claim would be for:
- A declaration of ownership, and
- An order for the return of the dog, and
- An order for damages for wrongful retention of the dog
The Court may have regard to many factors including who bought the dog, whose name is registered with the Kennel Club and who is the one who actually looks after it. A Court may simply decide that the dog is jointly owned and in the absence of an agreement on who should have it, may order that the dog be sold and the proceeds shared. Another alternative, would be for the Court to order shared ownership, so that (for example) each party may have the dog for 6 months of the year.
Please bear in mind that in a divorce situation, ownership of the dog should be considered at the same time as the other matrimonial chattels are decided.
The Court does not have the power to order access to a dog.
Contract disputes - buying and selling a dog
There are no special laws that apply to a contract for the buying and selling of a dog. If a buyer simply changes their mind after purchase, they have no automatic right to return the dog and to require a refund.
Unless the seller sells dogs in the course of a business, then the principle of caveat emptor applies. This means 'let the buyer beware' ie. it is up to the buyer to satisfy themselves at the time of purchase that the dog is acceptable, and if it turns out to have defects they are unlikely to have any remedy. The situation is different if:-
- The seller expressly stated things about the dog which were not true, or
- If the seller sells dogs in the course of a business
If either of these situations apply, then the buyer may be able to take proceedings for their losses and/or may return the dog and demand a refund.
Stray Dogs
The finder of a stray dog must forthwith return it to its owner (if known), or take it to the local Police or Council (although soon it will only be the Council that will receive stray dogs).
The loser of a dog should notify the local Police and the Council immediately and should keep in regular contact.
If after 7 days the owner of a stray dog has not come forward, then the Council (or the Police) may transfer the dog to someone else, and the original owner's claim to the dog is likely to come to an end.
Make sure that your dog has a collar with a tag which contains your name and address. You could also have the dog microchipped to provide a further means of contact.
Animal Welfare Act
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.
The Breeding of Dogs Act 1991 and The Breeding and Sale of Dogs (Welfare) Act 1999 cover England, Wales and Scotland.
Under these Acts:
• It is an offence for a bitch to be mated if she is less than one year old.
• Breeding is restricted to no more than six litters in a lifetime and no more than one litter per year.
• The breeder must keep accurate breeding records and puppies must wear a visible means of identity.
• Puppies cannot be sold by a licensed breeder to their final home until they are at least eight weeks old.
• If the breeder produces more than five litters per year for sale then they are legally obliged to acquire a licence (obtained from the Local Authority). Before the licence can be granted, the premises must be inspected by a Vet and a Local Authority Officer.
• It is an offence for a licensed breeder to sell puppies to an unlicensed dealer or retailer, or to sell on puppies acquired from an unlicensed
breeder.
Anyone found to be in breach of these Acts may be fined or face a prison sentence.
Although this legislation is in place the indiscriminate, mass breeding of dogs in establishments where profit is more important than welfare is still happening in the UK today. This has long been a major concern to Dogs Trust. We campaigned for many years to bring the extent of the puppy farming trade and the suffering attached to it to the attention of the Government. We have also done our best to draw public attention to the issue, advising prospective owners that puppy farms are not the best place to buy a dog.
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