Falling foul of the law?

I attended a seminar by a dog law specialist who said not all assistance dog were exempt from clear up after their dog and that it is only Guide Dogs. How can someone in a wheelchair clear up after their dog? I have an assistance dog and most times I find it totally impossible.

It seems unfair that assistance dogs registered by one particular charity should receive special treatment over those trained by other, just as reputable charities.

Can you clarify the law?

Name supplied, via Facebook

Philip Biggs, Assistance Dogs (UK) Access Group, advises…

Dog Control Orders are made under the Clean Neighbourhoods and Environment Act 2005

Dog Control Orders replace the previous system of byelaws for the control of dogs, and also the Dogs (Fouling of Land) Act 1996, which has been repealed.

The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations provide for five offences which may be prescribed in a dog control order:

(a)   Failing to remove dog faeces;

(b)   Not keeping a dog on a lead;

(c)   Not putting, and keeping, a dog on a lead when directed to do so by an authorised officer;

        (d)  Permitting a dog to enter land from which dogs are excluded;

        (e)  Taking more than a specified number of dogs onto land.

Dog control orders provide exemptions in particular cases for registered blind people, and for deaf people and for other people with disabilities who make use of trained assistance dogs.

Anyone with any type of assistance dog is not subject to a Dog Control Order excluding dogs from specified land (d) in respect of his or her assistance dog.

Anyone (assistance dog user) other than a registered deaf person (whose disability will not prevent him or her from being aware of and removing dog faeces) is similarly exempt from a Dog Control Orders on the fouling of land (a)

These exemptions are not relevant to the other three offences which can be the subject of dog control orders.

It can be seen from the above that all assistance dog users are exempt from removing their dog’s faeces other than deaf people who use trained hearing dogs (this is assuming the deaf person is not also registered blind or has any other additional disability that would prevent him or her from removing their assistance dog’s faeces).  All assistance dog users are exempt from any Dog Control Order which excludes dogs from specified land.  Assistance dogs spend a very substantial part of their day under close lead control or in harness, it is vital for their wellbeing that they are able to have free running exercise during the day. Exclusion from land may place assistance dog users at a substantial disadvantage if they are unable to travel to land which is not subject to a dog control order.

All assistance dog users are not exempt from (b) (c) and (e) above.

Assuming liability?

Is it true that dog coats designed to warn others that a dog is nervous, in training, or aggressive, for example, could be seen as an admission that an owner is aware there is a problem, and could be used against them in the event of an incident?

Or, would it work in the owner’s favour and be seen as an attempt by the owner to improve the dog’s sociability and warn others away?

Does it make a difference if the only signs are a yellow ribbon or blank coat, as opposed to a coat or lead that states ‘warning’ or ‘dangerous’?

Where does the law stand on all this, and will it change when the new laws come in?

Ren, via Facebook

Lost and found

While enjoying a run in the snow a couple of weeks ago, my dog, Sally, found a small terrier type shivering in a bush by the path. She was clearly lost and was wearing a collar and tag, but the tag was blank. I was with my dad and we shouted and wandered around close to where we were standing for a bit but couldn’t hear any signs of an owner. We were only half a mile from our house and the roads were deserted due to the snow, and I have invested time in training Sal to stay close, so I clipped Sal’s lead on the dog’s collar and my dad took Sally home while I wandered the woods with the lost dog in search of her owner. Thankfully, after about half an hour I found him, he was on the phone – I assume to his wife/girlfriend – apologising a lot and was a bit stressed. He didn’t have a lead for her, picked her up and carried her off (still on the phone telling whoever it was he’d found her, and didn’t even say thank you).

This got me thinking though, what would I have done if I hadn’t found the terrier’s owner? Obviously I’d have taken her home to warm her up out of the snow and probably have phoned my vet to check she was ok as I’m not sure how long she’d been in the bush in the cold. Legally though, what should I do if this happens again? I had no way of contacting the owner as her tag had no contact details. Is it the dog warden I phone or the police?

If you could tell me I’d be grateful as I’d feel much better prepared if this happens again.

Thank you.

Suzi Miller, by email

Can I see some ID?

Dear Dogs Today,

Can you settle an argument? My sister is adamant she only needs her phone number on her dog’s collar, but I am sure you need an address too, and my dog’s tag has our surname, first line of our address, postcode and telephone number.

Who is right?!

Yours faithfully,

Mrs E. March, by email



Dave Griffiths, Senior Policy Adviser, National Dog Warden Association, advises...

Dear Mrs March,

I am delighted to tell you that you are absolutely spot on. The Control of Dogs Order 1992 makes it an offence for a dog to be in a place to which the public have access unless it is wearing a collar bearing the name and address of the owner. Interestingly, working dogs are exempt from this law but only while they are actually working.

From a Dog Warden’s point of view, the information that you have on your dog’s tag is ideal. The addition of a phone number makes it much easier to contact the owner and arrange to get the dog back home; all the better if there is a mobile number too.

This legislation was made before microchips became commonplace so chipping your dog is not an alternative; you still need the collar and tag to comply with the law. However, knowing how often my dogs have managed to lose their ID tags (and, on occasion, the entire collar), I would strongly recommend that you microchip as well.

It is very unlikely that your sister would be prosecuted for not having the correct information; the main thing for a Dog Warden is that there is some sort of contact information. You are definitely the winner of the argument though!

Accident waiting to happen

Hello

I am after some advice please.

My daughter works in a pub and a seven-month-old American Bulldog-Mastiff cross is regularly brought in by his owner. The dog is not being socialised and does not attend training classes, and is encouraged by his owner to bark at people who walk past. It has snapped and snarled at my daughter several times already and she is worried it will bite someone soon.

My daughter says she has heard the owner refer to it as a 'police buster'.

Please does anyone have any advice for what my daughter can do in this situation?

Anne Lucas, by phone