Dogs must be kept under control at all times and any person who allows their dog to intimidate or attack other people or animals may be liable under dangerous dog legislation.
Dangerous Dogs Your dog may cause distress to other members of the public by behaving aggressively towards people and other dogs when you are walking it, to people passing your property or when it is straying. As a responsible dog owner you should take action to prevent this behaviour.
Under the Dangerous Dogs Act 1991 (as amended) it is a criminal offence if a dog is dangerously out of control in a public place. In this instance, a dog is defined be classed as ‘dangerously out of control’ if it has caused reasonable apprehension that it will injure a person. If a dog bites a person, this is classed as an aggravated offence and would be considered a matter for the police.
Under the Dogs Act 1871 a civil complaint can be made to the Magistrate’s Court if a dog is not kept under proper control and is dangerous. Such a complaint can be made by a member of the public, the local authority or the police. Under this legislation, a dog can show itself to be dangerous in its general behaviour and not just its behaviour towards people e.g. if it was to attack another animal.
However, a single incident is usually insufficient for a dog to be classed as dangerous. For the local authority or the police to make a complaint to the court under this legislation, sufficient evidence that a dog had attacked on more than one occasion would be required.
If a dog was found to be dangerous under either of these pieces of legislation, the court has discretion on what happens to it and the owner. Potentially, the court could order for the dog to be destroyed, impose a prison sentence on the owner, ban the owner from keeping dogs in the future or impose conditions about how the dog must be kept.
If you would like to make a complaint about a dangerous or aggressive dog, contact the Dog Warden Service - see 'Related Contacts' at the bottom of the page.
It is always advised that incidents involving dangerous and aggressive dogs should also be reported to the police, even if a dog has not bitten a person.
Prohibited Types of Dog The Dangerous Dogs Act 1991 (as amended) prohibits 4 types of dogs from being bred, sold or owned in England and Wales. These dogs are the Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro.
Banned dogs can be put on a list known as the Index of Exempted Dogs at the discretion of the court if they are deemed not to be a risk to the public. Alternatively the court could order for the dog to be destroyed and the owner could face prosecution. Owners of suspected banned dogs should be reported directly to the police - see ‘Useful Contacts’ on the right hand side of the page.
For more information about prohibited types of dogs see ‘Defra - Control of Dogs’ under 'Related Links' on the right hand side of the page.
Dog Control The owner or person in charge of a dog must keep it under proper control at all times. However, within Stockport this does not mean that it has to be kept on a lead whilst in public places.
The Dog Warden Service occasionally receives reports regarding dogs not being kept under proper control. However, unless the owners of the dogs can be identified, there is very little the service can do. If the address or telephone number of the owner is provided, the dog warden can contact them and give advice about responsible dog ownership.
If the report relates to a number of dogs being allowed off leads within a park or playground, the dog warden can also erect polite notices, with the permission of the land owner, which remind owners that dogs must be kept under control at all times.
There is no legislation currently in place in Stockport which is enforced by the Dog Warden Service requiring dogs to be kept on leads in public places. In 2005 a piece of legislation came into force which gave local authorities discretionary powers to enforce what are known as Dog Control Orders. To date, this legislation has not been implemented in Stockport.
A Council-wide review of all byelaws, including Dog Control Orders, is currently being undertaken and this will be a lengthy process which may take a number of months to complete. Once this review has been undertaken, a decision should then be able to be made as to whether the implementation of Dog Control Orders in the borough is necessary.
If a decision to implement such Orders was made, a full public consultation would have to be undertaken to determine whether their introduction is justified and the Council would need to consider whether the resources to sufficiently enforce such legislation were available. This would be essential so as not to undermine the Orders in place.
If you would like to report a dog control issue or want more information about dog control, contact the Dog Warden Service - see ‘Related Contacts’ at the bottom of the page.
Related Contacts
Dog Warden Service
Environmental Health & Trading Standards
Stopford House, Piccadilly, Stockport. SK1 3XE
E: community@stockport.gov.uk T: 0161 474 4207
http://www.stockport.gov.uk/services/environment/animwelf/dogwardenservice/
