Dog Law
As a responsible dog owner, there are a number of laws that you
should be aware of. Even if you are not the owner of a dog but are
in charge of it on a temporary basis, for example, even if you are
just taking a friends dog for a walk, some of these laws still
apply to you. These are the laws that are most likely to affect dog
owners within the Rochford District Council area. Further details
of laws affecting dogs and their owners can be found in related
links.
Control Of Dogs Order 1992 - This order requires every dog, with
the exception of a few working dogs, to wear a collar with the name
and address of the owner inscribed it or on a plate or tag on the
collar whilst it is in a public place.
Dangerous Dogs Act 1991 - Section 1 of this Act bans the
ownership, unless they are exempted on the index of Exempt dogs, of
certain types of dogs namely Pit Bull Terriers, Japanese Tosas,
Dogo Argentinos and Fila Brazilieros. It is important to note that
the Act refers to ‘Type’ as none of these dogs are recognised
breeds in Great Britain and the Act makes it clear that it not only
applies to only ‘pure’ Pit Bull Terriers, but also to any dog of
the type known as the Pit Bull Terrier. Please see the guidance in
related links. Not only are you not allowed to own one of these
types of dogs, but you are not allowed to sell, exchange, advertise
for sale or breed from these dogs. If you have one of these dogs
and it has been exempted by a court and added to the index of
Exempted dogs, certain conditions must be met, they must be
neutered, tattooed, micro chipped and have to be kept on a lead and
muzzled whilst in a public place. The owner of the dog is also
required to have insurance against their dogs injuring third
parties and must not be left in the charge of anyone under 16 years
of age. It is important to note that owners cannot apply to have
their dogs exempted, it is a matter for the courts to decide if the
dog can be exempted or not
Dangerous Dogs Act 1991 - Section 3 of this Act makes it an
offence for any dog to be dangerously out of control in a public
place or where it is not allowed to be. Dangerously out of control
can mean any occasion where is causes fear or apprehension to a
person that it may injure them. The dog does not have to injure the
person, but if it does so, then the offence is classed as
‘aggravated’. This is one example where legal action may be taken
against the owner of the dog and/or the person in charge of the
dog, i.e. the dog walker.
The Clean Neighbourhoods and Environment Act 2005 - allowed
Rochford District Council to make Dog Control Orders to allow the
Council to deal with: fouling by dogs; banning dogs from designated
areas; requiring dogs to be kept on a lead; requiring owners to
place their dogs on a lead if so directed by an authorized officer
and to restricting the number of dogs that can be walked by one
person. Following public consultation, the Council made Dog Control
Orders that came into Force on 11 August 2008. The simple meaning
of these orders are:-
- The Fouling of Land by Dogs (Rochford) Order 2008 makes it an
offence to fail to clear up after your dog in public places.
- The Dog Exclusion (Rochford) Order 2008 makes it an offence to
allow dogs in the enclosed children’s play spaces in the
district.
- The Dogs on Lead (Rochford) Order 2008 dogs means that all dogs
must be kept on leads on all roads within the district.
- The Dogs on a Lead by Direction (Rochford) Order 2008 makes it
an offence not to comply with a direction given by an authorised
officer of Rochford District Council to put and keep a dog on a
lead.
After consultation, the Council did not make a Dog Control Order
restricting the number of dogs that can be walked by one person
The full details of these Dog Control Orders can be found in
related documents and the bottom of this page.
The Animal Welfare Act 2006 – This Act came into force in
England on 6 April 2007 and places a ‘duty of care’ on anyone
looking after any animal, not only dogs. This duty of care applies
not only to owners of animals, but also anyone who may have
temporary care of the animal, for example if you are looking after
your friends dog whilst they are on holiday, you assume that ‘duty
of care’ Put simply, the duty of care means providing the animal
with:
- a proper diet, including fresh water
- somewhere suitable to live
- for any need to be housed with or apart from other animals
- the ability to express normal behaviour
- protection from and treatment of, illness or injury
The above laws are the ones that are most likely to affect dog
owners within the Rochford District Council area. Further details
of other laws affecting dogs and their owners can be found in
related links.