Do You Know All Your Dog Laws?

I think it is important as a dog owner that we familiarise ourselves with these laws. We don’t have to know them inside and out, remember every single point and feel scared about them – but it is important that we know and abide by the basic laws that involve everyday working with and owning a dog.

For example, do you know the fine for not picking up your dog’s poop in your area? I’m sure you do, or you at least know there is a fine but do you know there are particular places where you are not required to pick up your dog’s poop??!! No? I will outline these places in this blog for you! Save you some poop bags I’m sure!

A lot of the laws are very in depth and can be quite convoluted and extremely complicated, so I thought I would outline a few of the basics here and try to simplify them as much as I can for you. I’ve tried to sectionalise the blog so that if you are looking for or referring back to something specific it should be easier to find.

As the Dangerous Dogs Act and Breed Specific Legislation is a world of law all its own, I will be doing a separate blog for this.

WHAT IS THE DIFFERENCE BETWEEN CIVIL AND CRIMINAL LAW?

Anyone can pursue and bring about a civil lawsuit if they feel that they, as an individual, have been the victim of an offence.

Civil lawsuits deal with disputes between individuals, organisations, or both, and usually compensation is sought by the party who feels they have been wronged to benefit any loss they may have occurred as a result.

The guilty party does not receive a criminal record from a civil offense and are found ‘liable’ or ‘not liable’ as opposed to ‘guilty’ or ‘not guilty’.

Criminal offences deal with crimes against society rather than an individual. They are brought by the Government in the form of the Crown Prosecution Service and result in not old a criminal record, but also fines and in some cases imprisonment.

WHAT IS CASE LAW?

Case law refers to the act of looking to previous cases recorded outcomes for clarification. When a case is addressed and an outcome recorded, this sets the standard for future cases.

HOW DOES THE LAW DEFINE OWNERSHIP OF A DOG?

The law refers to the dog’s keeper as opposed to owner, and the keeper is the person who is currently taking responsibility or who has possession of the dog and taking care of the dog’s daily requirements at the time.

Although microchipping, registration papers, certificate of insurance, tattoos or receipts are not acceptable as evidence alone of ‘ownership’ – feeding, caring for, and residing with the dog would be evidence enough and this person is referred to as the dogs keeper.

Anyone under the age of 16 are not accountable for the dog, instead the head of the household would be the dog’s keeper.

ANIMALS ACT 1971

This is a very complicated civil act, referred to in Scotland as The Animals (Scotland) Act 1987 and in Ireland as The Animals (Northern Ireland) Order 1976 and all three outline responsibilities for owners described as ‘Strict Liability and Negligence Rules’…. And not all that clearly!

The Animals Act 1971 states that:

“A keeper of a dog will be strictly liable for damage caused by the dog in certain circumstances, but will be excused liability in particular cases”

In short, this means that liability is at discretion of the court!

Damage here includes damage to the person or/and inanimate objects but not to other animals as this is covered elsewhere.

WHAT DOES ‘STRICTLY LIABLE’ MEAN AS SET OUT IN THE RULES OF THE ANIMALS ACT 1971?

Strict liability means that liability does not depend on whether there is any intention or negligence on the dog keepers’ part – the keeper of the animal is liable to pay compensation regardless.

Therefore, the keeper of the dog can be strictly liable if the dog has characteristics not normally found in dogs’, they were aware that it is likely to behave in a certain way that could cause injury unless restrained, and they did not keep the dog restrained – they will be liable if this dog then causes injury.

HOW IS NEGLIGENCE DETERMINED?

If the keeper breaches the duty of care and fails to prevent damage from the dog, or animal, then they can be deemed negligent.

It does not have to be proven because if damage is caused then negligence is present.

ARE THERE ANY EXCEPTIONS TO LIABILITY?

Yes!!

The exceptions are as follows:

 - If the person who is affected by the damage is deemed to be completely to blame for the damage. - If the person sustaining the damage voluntarily ‘accepted the risk’. - Animals kept on premises or in a structure where the person who sustained the damage was trespassing – this is only an exception if the dog was not kept on the property as protection or **guarding purposes,** or if it was kept for those purposes and that this was deemed as reasonable.

THE GUARD DOGS ACT 1975

This is a criminal law and is important to know as it states that any dog whose purpose is to guard property or premises must always be tethered or accompanied by their handler.

Using a sign to advise ‘Beware of the Dog’ whilst having that dog off lead / restraint and allowed to roam free on the property is not acceptable and will nearly always be deemed unreasonable under one legislation or another.

TRESPASSING & ‘BEWARE OF THE DOG’ SIGNS…

Okay so I’m going to cover the last point in the exceptions to liability paragraph above.

Many people display ‘Beware of the Dog’ signs, however this is not a good idea as in the eyes of the law this is an acceptance of liability – it implies that the dog or dogs within may be dangerous and the owner is fully aware. This goes back to strict liability and the point made ’… the dog has characteristics not normally found in dogs’, they were aware that it is likely to behave in a certain way that could cause injury unless restrained, and they did not keep the dog restrained.’

It would be deemed unreasonable to keep a ‘fierce’ dog on a property where ‘innocent’ visitors may be injured by it.

Occupiers Liability Act 1957 & 1984 covers both visitors authorised or otherwise so we need to be aware of the implications regarding a trespasser entering our garden or grounds and sustaining injury by our dogs.

A BETTER SIGN TO HAVE…

In the eyes of the law, and being reasonable, a much better sign to display to advise potential trespassers would be:

 - Caution Dogs - Dogs Running Free

These signs are deemed as a more reasonable step to prevent harm, without implying the dogs are dangerous.

TRESPASSING AND LIVESTOCK

The statutes that relate to trespassing and the protection of livestock are:

 - The Animals Act 1971 (Civil Liability) - The Dogs (protection of livestock) Act 1953 (Criminal Responsibility) - In Scotland, the following statute applies – Animals (Scotland) Act 1987

If The Dogs (protection of livestock) Act 1953 is breached and a trespassing dog injures or kills livestock then the owner / keeper and the person having control of the dog at the time can face criminal charges.

Important: Please be aware that under this act, the landowner can shoot the trespassing dog dead legally if he feels this is the only course of action to protect his livestock.

If he suspects the trespassing dog is likely to ‘worry’ his animals but is not actually doing so, he can again shoot the dog dead and will have a defence.

Always keep your dog on a lead when crossing fields with livestock.

DOG WELFARE LAW

ANIMAL WELFARE ACT (2006)

Before this act was made law in 2007, welfare law was only brought after an animal had already suffered unnecessarily.

The aim of the Animal Welfare Act (2006) is to prevent abuse and cruelty from happening, rather than to address it after the fact.

Prevention is better than cure and the RSPCA as well as the SPCA in Scotland and the USPCA in Northern Ireland take much of the education responsibility.

The act states that it is an offense to:

 - Cause a protected animal to suffer unnecessarily with full knowledge that it would suffer, or to allow an animal to suffer from another person. - Mutilate an animal (exception: destroying an animal in a proper & humane manner) - Dock a dog’s tail (exception: medical reasons; working dog **in work**. There are strict regulations – the dog must be less than 5 days old at the time of docking & must be a specific breed which differs geographically) - Show a dog with an illegally docked tail with fee-paying patrons. - Administer poison to an animal or allowing another person to. - Be involved in any type of animal fighting e.g. betting money, recording, being in possession of a recording of a fight, training dogs to fight, advertising etc.

Anyone who believes an animal may be at risk of abuse, or suspects someone of committing an offense can now bring a case under the Animal Welfare Act (2006), but generally the role of investigation and prosecution is taken on by charities such as RSPCA, SPCA & USPCA.

RSPCA officials, Animal Welfare Officers and Animal Health Officers can give educational advice and monitor owners and establishments in order to prevent harm, cruelty and suffering.

THE FIVE WELFARE NEEDS DETAILED IN THE ANIMAL WELFARE ACT AND HOW THESE NEEDS / RIGHTS TRANSLATE TO EVERYDAY CARE.

Did you know you can download a Code of Practice relating to the 5 freedoms?

Download your copy today by clicking here.

When beginning my Dog First Aid Classes I always begin with… “ Is everyone familiar with the Animal Welfare Act 2006 and the Five Freedoms?...”

The one I concentrate the most on because of my dog first aid work, is the Freedom from Pain, Suffering, Injury and Disease so I will start with this one.

I advise my attendees to do a full body exam weekly. I ask them to make it fun for the dog, so have treats at the ready and recognise signs of stress i.e. tail low, ears low, whites of the eyes, yawning (in the right context), lip and nose licking (in the right context), turning away, moving away etc. I always advise at this point they should stop and go back later. I liken it to someone standing in their face and how uncomfortable we as humans can be with somebody in our personal space.

I advise if the checks are done weekly, and made fun, you can know what is normal for your dog in under 2 minutes. You can also recognise any abnormality at the beginning and seek veterinary care before it escalates into something more serious.

For example, smelling the dog’s ears. If you know what your dog’s ears smell like, you are more likely to recognise a change in that smell and have it checked out by a vet. That way, they can catch and treat an ear infection in the very beginning stages before it has time to develop into something more painful.

Another example is checking for lumps and bumps. If you find a lump under a nipple that wasn’t there before and get this treated, it can be a very simple procedure to have it removed and generally the dog won’t require crate rest.

If it is left and it is a tumour that tracks down the mammary tract, this then becomes a very serious and extensive operation with a long recovery period.

When discussing the full body exam, I cover what the eyes, ears, fur, skin, paws, neck chest and breathing should be like and signs of issues. I talk thoroughly about gum colour as a lot can be ascertained by this alone.

The most important aspect of the body exam is seeking veterinary care when something is ‘off’ with their / our dogs and I feel like this is a very important part of owning a dog. It is our responsibility to know their behaviour and what it means and seeking the correct care to ensure the dog is not in pain and does not suffer.

I always advise that if a dog has had a cut or a wound that has required a bandage, torn a nail or been involved in a fight where skin was broken they must, by law under the Veterinary Surgeons Act 1966, be seen by a vet.

Freedom from Discomfort by providing an appropriate environment including shelter and a comfortable resting area. Something I always advocate strongly to do is toddler proof your house if you are getting a dog! My Mini Schnauzer Geoff is into everything, I think he’s a kleptomaniac to be honest. Everything needs to be on lockdown – TV remote, cleaning cupboard up high, toilet seat down especially when it has had cleaning products in, candles up high, out of the kitchen when cooking – especially with pans of hot ingredients, watch out for a ‘nudger’ when drinking a hot cup of coffee to avoid burning yourself and your dog!

But ensuring not only that your house is toddler proofed but that your dog has an adequate place to rest and sleep, free from the cold or draughts that can cause suffering. If they are outside dog’s they need adequate shelter from the weather – hot and cold. Ensure your dog has got somewhere to go that they feel safe.

Toilet training and ensuring your dog has plenty of opportunity to go to the toilet should they need to.

Freedom from Hunger & Thirst – Ensuring your dog has enough food, and clean water. Bacteria can build up in water bowls so ensuring they are cleaned weekly at the very least!

Dogs require a balanced diet however this will not be the same as a human diet because some human foods can be toxic and harmful. Learning these is of high importance.

The diet will vary from dog to dog and it is finding what works. My dog has an allergy to fish, but we only found this out when he ended up with Colitis and we had to do a very strict food diary. A common dog allergy that is quite surprising is chicken!! Dogs require at least one meal a day, but sometimes small and often is better to save from conditions such as Bloat.

Be sure not to over feed, or under feed as these can cause issues so knowing what your dog should weigh and weighing them once a month may help to keep this in check.

Any changes in how a dog eats could be a sign of illness so to be aware of this, and if you need to change your dog’s food this is to be done gradually over several days to avoid stomach upsets.

Freedom to Express Normal Behaviour – Different breeds, ages and sexes of dog will all act in different ways. For example, my Miniature Schnauzer is a terrier and was in the old days a ‘Ratting Dog’ so he is high energy and labelled a ‘barkey breed’. He loves to chase small creatures like squirrels and cats, but he loves to be chased by other dogs (the chaser becomes the chasee!) He definitely wouldn’t be suited for someone who enjoys the quiet, laid back, once around the block kind of life! Geoff needs new sniffs on the weekly so we try to take him to as many different places as we possibly can. Otherwise he would become bored and destructive.

Dogs are social creatures – they are pack animals, so they should have opportunity to be social with other dogs and humans, and with safe toys. Physical exercise is a fundamental need and this need should be met or they can start to exert negative behaviours such as aggression, excessive barking, chewing and generally being a nuisance.

It really is dependent on breed as to how much exercise or sleep they will need.

It is also important to train the dog as to how he should behave as unruly dogs can be classed as dangerous, so it is best to start reward and positive training from day one. In his pack he will have boundaries and limitations so ensure he has these in his human home too.

Freedom from Fear & Distress – Due to dogs being pack, and social, animals they need and value company. If left alone for periods of time some dogs can become distressed. Experts recommend 4 hours at a time. Luckily, there is always someone around at home for Geoff but we also have a puppy cam so if we do leave him and he gets up from sleeping we can always get his grandparents to go and pick him up till we are home.

Becoming familiar with the ‘Ladder of Aggression’ which highlights all a dog’s stress signals from the very slight to the extreme. Once you’re familiar with your dog’s behaviour, you will know how it acts when stressed and can remove them from that situation.

Ensuring multiple dog households have enough ‘safe’ places to accommodate each, so that they can get away from one another if needed.

It should go without saying but it is never acceptable to frighten a dog, cause them pain, encourage aggressive behaviour or other abusive behaviours towards a dog.

They see you as their Alpha (or they should) and with this title, you become their protector. Don’t abuse this right.

UNDER THE ANIMAL WELFARE ACT (2006) WHAT ARE THE POWERS OF THE COURTS REGARDING DOGS THAT HAVE BEEN REMOVED FROM A SITUATION OF SUFFERING OR POTENTIAL SUFFERING?

The courts have powers to make orders regarding animals that have been seized including:

 - Administering treatment to the dog. - Ordering that the dog should be owned by a specified person. - Allowing the animal to be sold. - Ordering a destruction of the animal. - Issuing an expense order.

WHAT ARE THE PENALTIES FOR A PERSON FOUND GUILTY OF A SERIOUS OFFENSE SUCH AS POISONING A DOG/S?

If found guilty they can face a prison term and fines of up to £20,000.

TRAVEL WITH YOUR DOG

IS IT ILLEGAL TO ALLOW A DOG TO TRAVEL LOOSE IN A CAR?

No, in the UK it is currently not illegal to travel with a dog loose in a car, however, they should be suitably restrained in a crate, behind a dog guard, harnessed / seat belted to protect the owner from any liability regarding the dogs should an accident occur.

Suitable restraints:

 - Crate - Dog Guard - Harness - Seatbelt

WHAT SHOULD WE AVOID DURING WARM WEATHER WHEN TRAVELLING WITH OUR DOGS AND WHY?

We should avoid travelling in cars with our dogs in warm weather because:

 - Overheating, suffering and distress are highly likely. - The temperature inside the car can be twice that of the external temperature. - Dogs sweat through their paw pads, and cool down via dilation of blood vessels and through panting open mouthed to dispel heat however it only serves to compound the issue via kinetic energy! - **Welfare of Animals (Transport) Order 1997** advises that: No person shall transport any animal in a way which causes injury or unnecessary suffering to that animal, and for all the reasons mentioned above, taking a dog in a car when it is a warm day or excessive sunlight will cause unnecessary suffering.

Heatstroke is highly likely. Heat being the operative word here as opposed to sunstroke. Dogs can suffer heatstroke even in the shade!

ROAD TRAFFIC ACT 1988

This law states that if there is an accident involving a dog we must:

 - We must report to the police within 24 hours (if the police are not needed at the scene we must go into the police station, any police station but preferably local to the accident if possible, with our Driving Licence, Insurance Certificate, MOT Certificate, Details of Witnesses) - The driver must provide his name and address. - If the vehicle is not owned by the driver, details of the owner of the vehicle must be given.

As part of this act, it is also an offense to allow a dog to be off lead on a road.

WHAT IS A TAXI DRIVERS’ OBLIGATION TOWARD AN ASSISTANCE DOG? WHAT IS THE POSSIBLE PENALTY FOR BREACHING THESE RULES?

Unless there is a religious or medical reason that is clearly displayed, taxi drivers must carry assistant dogs, and it is an offence to refuse.

If the assistant dog is refused travel by the taxi driver, or they attempt to charge extra, they can face a fine of up to £1000.

ON WHICH TYPES OF LAND ARE YOU NOT REQUIRED TO CLEAN UP AFTER YOUR DOG?

 - Agricultural Land - Woodland - Rural Common Land - Marshland, Moorland and Heathland - Highways with a speed limit of 50mph or over

IF YOUR DOG CAUSES A NOISE NUISANCE AND A COMPLAINT IS MADE, WITH WHAT MAY YOU BE SERVED? WHAT DOES THIS MEAN?

You will be served with a Noise Abatement Notice. This means the barking or howling has been deemed persistent, particularly loud or at unsociable hours.

If the noise persists after the order is served the owner can face fines of up to £5000. There may be instances where an extension of the noise abatement notice is granted, and this is generally if the owner can show they are trying to work with the dog behaviourally.

WHAT INFORMATION MUST A DOG’S ID TAG PROVIDE?

The owners name and full address.

WHAT SHOULD YOU DO IF YOUR DOG BECOMES LOST?

You should notify the local authority and keep in regular touch with them. You can also use ‘Dogslost’ however there is a charge for their service.

THE PROCEDURE WHEN A DOG IS FOUND STRAYING.

The local council will seize the dog via dog wardens most often and attempt to contact the owner.

If the owner can’t be reached, the council must hold the dog at a registered stray kennels for a minimum of 7 days to give owners the chance to reclaim the dog. Upon reclaiming the dog, the owner may face penalty notices. If the dog continues to roam, the owner can face prosecution.

If no one comes to claim the dog after 7 days, the dog is the property of the kennel and can be rehomed or euthanised.

WHAT IS A CPN?

Community Protection Notices.

Basically described as: “The quick intervention process allows early engagement with individuals. It improves their understanding of responsible dog ownership and the training and welfare requirements of their dog, thereby improving the behaviour of both the owner and the dog”

These can be served by:

 - Police - Council - Some registered landlords

WHAT IS A PSPO?

Public Spaces Protection Orders.

The restriction of activities in certain areas. Local councils are responsible for PSPO’s, and they are enforced by the police, community support officers, council officers and also private security guards employed by the local council.

They are used to regulate or ban a given activity if it is deemed by the local authority to have detrimental effect on the quality of life of those in the locality and can be punishable by on-the-spot fines.