Stray Dogs and the Law
Under the Clean Neighbourhoods and Environments Act 2005, from
6th April 2008 Rochford District Council has had sole
responsibility for providing a stray dog service to the public in
the Rochford District Council Area. The Police no longer accept
found dogs at the police station nor do they take reports of lost
or found dogs.
During normal Office hours, stray dogs will be collected by the
Councils contracted dog warden or can be taken directly to the
Council kennels by the finder. Out side these hours, callers to the
Councils out of hours service on 01268 527317 will be directed to
an acceptance point where stray dogs will be cared for.
Please note: The Council is not required to provide a
service to collect stray dogs out of hours.
The Environmental Protection Act 1990, Section 150 places an
obligation on the finder of a stray dog to:
- Return the dog to its owner or
- Contact the local authority for the area in which the dog was
found
If the finder fails to follow this procedure they will have
committed an offence and may be liable, upon conviction, to a fine
of up to £500 (level 2).
Finders requesting to keep a stray dog
Occasionally the finder of a stray dog may wish to keep it. In
this case you must contact the Council with the dog's full
descriptive details and your name and address, so that they can be
recorded in our register. If you choose to keep the dog the law
requires you to do so (unless it is claimed by its owner) for not
less than 28 days and that failure to comply with this obligation
is a criminal offence.
The law also requires us to make all reasonable enquiries to
ascertain that the finder is a fit and proper person to keep the
dog and that he/she is able to feed and care for it. Therefore a
Council Officer will visit the finder (usually within one working
day) to discuss the care of the dog and explain the finders legal
responsibilities. This visit will be followed up with a letter
confirming the details of this visit.
It should be noted that even after 28 days, if a person can
prove that they are the owner of the dog and requests the return of
the dog, then the finder may have to relinquish his/her
custodianship of the dog. Disputes over ownership are a civil
matter and the authority does not become involved.
Register of stray dogs
The Council keeps a register of stray dogs seized by the Dog
Warden under Section 149 of the Environmental Protection Act
1990.
If you lose your dog, please contact us and we will check the
register to see if your dog has been found, so that you can be re
united. We also keep full details of dogs that have gone missing so
that your dog is found at a later date, we can contact you and
return your dog to you.
The register is available for any member of the public to view
during the Council's normal office hours, free of charge.
The following details are contained in the register:
- a brief description of each dog, including its breed (if
known), colour and any distinctive markings
- any information which is recorded on a collar, tag or micro
chip
- the date, time and place of seizure by the Local Authority
- details of any notice served on an owner stating their dog has
been seized
- details of how an unclaimed dog has been disposed of
- details of who has reclaimed each dog
Unclaimed Dogs
If, after seven days from being seized (or seven days after an
owner has been notified that their dog has been seized), a dog
remains unclaimed, the Local Authority may, without notice, re-home
the dog.
Veterinary Care of Stray Dogs
Stray dogs are checked for any obvious injuries or health
problems. If necessary they are taken to a veterinary surgeon for
treatment. However, if in the veterinary surgeon's opinion the
dog's condition is such that it would be more humane to provide
euthanasia or if the cost of treatment is so excessive, the dog may
be destroyed.
If a dog is reclaimed by its owner, all veterinary expenses
incurred whilst the dog was in the care of the Local Authority,
must be paid in full, along with other fees and charges before the
dog may be collected.