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Legal information if you have found a stray dog
If you find a stray dog it is a legal requirement for you to report the dog to your nearest police station. The police are ultimately responsible for stray dogs, so they must take the dog from you if you are unable to look after him.
If you would like to look after the dog at home whilst you search for an owner, you are required to fill out a FORM 103B at the police station. This enables you to keep the dog in your home for 28 days whilst the owner is located.
In addition to notifying the police, it is advisable to contact your local council dog warden, veterinary surgeries and animal shelters in the local area and inform them of where and when you found the dog, a good description and his current whereabouts.
Whilst there are no specific laws surrounding stray cats, if you find a stray cat it is advisable to contact veterinary surgeries and animal shelters in your local area and inform them of where and when you found the cat, a good description and her current whereabouts. It is also a good idea to display posters and leaflets in public places advising you have found a cat so the owner can contact you.
General Legal Information for dog owners.
Our duty to our dogs
Surprisingly there is no law that specifically says we must feed our dogs or give them water. There is however the Protection of Animals Act 1911 which gives us rules regarding what we mustn't do to them. Among other things, this law states it is an offence to cruelly beat, kick, ill-treat, override, over-drive, overload, torture, infuriate, or terrify any animal wantonly or unreasonably do or omit to do any act causing unnecessary suffering to any animal being the owner or having charge of any animal, without reasonable cause or excuse, abandon it, whether permanently or not, in circumstances likely to cause the animal any unnecessary suffering. It is under this law that cruelty or neglect prosecutions are generally made.
As dog owners, under the Control of Dogs Order 1992, we are also obligated to make sure our dogs carry ID at all times in public. Despite the much-used microchip, this still legally means a collar and tag giving the owner's name and address. This gives us the advantage that if our dog gets lost, and is found by a member of the public, they can contact us. Not only can they contact us, but it is their legal obligation to do so. Few people know that if you find a dog you must by law, under the Environmental Protection Act 1990, either return it to its owner, or take it to the police or dog warden (see information above).
Our duty to the community
First we must protect the public from our dogs - who, by merit of the fact they have teeth and claws, can cause injury and damage if not properly controlled or managed. Under the Dangerous Dogs Act 1991, it is an offence for us to have a dog who is dangerously out of control in a public place, or a private place where it is not permitted to be, or who gives a reasonable person grounds for apprehension. The law regarding dangerous dogs is both vast and complicated but suffice to say owners must do everything in their power to make sure their dog is not a danger to the public in any way. As owners, we also have a duty of care to protect anyone from our dog who visits our house lawfully.
Not only do we have to protect the public from injury, we also have to avoid inconveniencing them. Under the Environmental Protection Act 1990, it is an offence if your dog causes a nuisance to your neighbours - this refers to both smell and noise! The consequences of having a barking dog who disturbs the neighbours are terrifying. Under this law, you can be fined up to �5,000, and then an additional 10% of the fine per day the offence continues.
We also have significant duties when we are out with our dogs. Strangely it is not always a legal requirement to clean up after our dogs. Individual district councils can make their own bylaws - including banning dogs entirely from certain areas, and creating laws outlining areas where owners must clear up after their dogs. In general however, there are enough bylaws, anti-littering laws, and general anti-dog feeling in this country to make clearing up after your dog the best and safest choice for dog owners in all public places whether or not there is a legal obligation to do so.
There is currently a lot of discussion about where dogs must legally be kept on a lead. Again, local authorities can make their own bylaws regarding this. The Animals Act 1971 imposes a duty upon owners to see their dog does not stray onto the road and cause injury or damage - and so it is certainly prudent to keep your dog on a lead on or near all roads. As it is an offence under the Dogs (Protection of Livestock) Act 1953 for your dog to worry livestock or to be at large in a field or enclosure where there are sheep, there is an obligation for you to keep your dog on a lead (or else under close control) if livestock is likely to be encountered. With the advent of the Countryside and Rights Of Way Act 2000, landowners and local authorities can designate areas where dogs must be kept on a lead or are prohibited altogether.
This article was written by Carolyn Menteith with the assistance of Trevor Cooper for Paws magazine, Spring 2003.