Dealing With a Dangerous or Troublesome Dog

In addition to the Noise Act 1996, with regards to the excessive barking of dogs, there are several other Acts in place which protect your rights when it comes to potentially dangerous or troublesome dogs.

The Dangerous Dogs Act 1991

This Act prohibits four specific breeds of dog from being owned, bred or sold. They are:

• The Pit Bull Terrier
• The Dogo Argentino
• The Fila Brasiliero
• The Japanese Tosa

However, it’s also important to note that with regards to the Act, dangerous dogs are not simply classified by breed but by ‘type’ of dog. Therefore, when it comes down to the matter of whether a certain dog is permitted or not, it can often boil down to the physical characteristics and makeup of the dog and whether or not there are sufficient similarities in the judgement of the court for a ban to be imposed and for further action to be considered.

In the case of the pit bull terrier, however, there are so many different variations of this breed and certain pit bull ‘types’ are permitted to be owned and are exempt from the law, although you must obtain an exemption certificate to verify that. However, these ‘types’ of dog must be kept muzzled and on a lead at all times when out in public places, even in parks and fields.

The Dangerous Dogs Act also applies to all dogs of any breed which might become dangerously out of control whilst out in public where a dog attacks a person or threatens to do so. In such instances, the courts have the power to take a range of actions against the owner which can include fines of up to £5,000, the dog being destroyed and the possibility of the owner receiving a prison sentence in extreme cases.

The Control Of Dogs Order 1992

This is one of the lesser known pieces of legislation relating to dogs but it is still important for all dog owners to recognise the implications of. It requires that every dog whilst out in a public place is required to wear a collar with an identity tag with the name and address of the owner inscribed upon the ID tag even if the dog has been microchipped. Fines can be imposed if you do not do this and the police also have the power to seize any dog without a collar and to treat it as a stray animal.

The Dogs (Fouling Of Land) Act 1996

Fixed penalty notices can be issued to the owner of a dog who does not clean up and remove the mess after a dog has fouled in a public place. Alternatively, it can be matter for which the owner can be prosecuted.

Exemptions

The exemption to this law is where a dog is owned by a person who is registered blind and there are certain areas in which the law cannot be enforced. These primarily relate to fouling on commercial woodland, agricultural land (but not on any footpaths which might be contained within it), rural common land and land which is predominantly marshland, moorland or heath.

Other Issues To Be Aware Of

The above Acts are the main ones to refer to which relate to dangerous and troublesome dogs although if you have a guard dog on your property, you should also familiarise yourself with the Guard Dogs Act 1975 which has its own separate legislation.

The Environmental Protection Act 1990 also legislates that if you continually let your dog stray unattended, it can be seized and you will be charged for its return. And, if the dog has not been reclaimed after 7 days, it can be re-homed or even destroyed, although this will only usually be the case for persistent offenders.

It’s also important to recognise those specific areas which have been designated completely ‘dog free’ zones, e.g. some children’s playgrounds are kept completely dog free for safety and health reasons and signs will have been put up specifying this if it is the case.