I am hoping you can inform me as to what is the exact legal situation regarding the following.
Adjacent to one of the walks that myself and other dog walkers in the village use is land that belongs to a property where two Mastiffs and a Rottweiler live. These dogs are constantly loose and roaming over their owners land - which is only enclosed by post and rail fencing - and also over the land that the public footpaths are on. This has resulted in us dog walkers turning back and retracing our steps, which when you have an elderly dog such as mine, means a much too long walk. So far none of the dogs have made any attempt to attack us, though it appears that we have seen them before they have seen us so avoided the situation. We do not know if they are aggressive but three large dogs together are very intimidating.
This has been going on for a number of months and number of us have contacted the dog warden - who said they are always receiving calls about the dogs roaming - at the local council who has said if they are on their own land then the owners could construe it as harassment if the warden asks them to keep the dogs in.
Surely these people are obliged to keep the dogs under control as much as I and my fellow dog walkers are, and by letting them roam on land that is not securely fenced then they are not doing so.
I read with interest the True Case History in the October issue of Dogs Today regarding the provisions of the Dangerous Dogs Act and that if a person feels threatened by a dog in a public place even if the dog does not actually do anything then it is a matter for the police.
Is it possible for you to clarify this as on going on to the web site and reading the DDA it does not make it very clear. These dogs are spoiling the walks which are surely there for all to enjoy.
Hoping you can help in this very awkward situation.
Doreen Hoyle, by email
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The land owner in your situation is not breaking any law, the dogs are on his own property, but should any of his dogs attack you or your dog whilst on the public footpath then you have a strong case against him. It seems as though this person could be trying to intimidate dog walkers so they stop using the path. Go and talk to him find out his feelings on the subject before you take action, his dogs may be well socialised and no threat at all, give him the chance to help sort the problem out. At best he will cooperate at worst someone may have to get injured before anyone can do anything about it. It sounds harsh but the law is stupid in cases like this.
ReplyDeleteI would check with DEFA, they should know if these dogs are allowed to roam on the footpath like this.
ReplyDeleteIt is illegal to have a dangerous animal, bull etc so there may be something about dogs as well.