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Stray dog policy
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Stray dog policy
The Council has a duty under s.149 (1) of the
Environmental Protection Act 1990 (EPA) to appoint an officer “for
the purpose of discharging the functions for dealing with stray
dogs found in the area of the authority”. The Council
currently employs a contractor, to carry out the duties of ‘Dog
Warden’. These include:
Seizure and transport confined stray dogs
- Patrolling the Borough and enforcement of dog
fouling legislation
- Encouraging responsible dog ownership through
presentations and talks
- Seizure and transport confined stray
dogs
Members of the public who find a stray dog are
required by the Environmental Protection Act to either return it to
its owner, or report it to the local authority. The Council does
supply a collection service and will endeavour to collect the dog
within 3 hours of the finder reporting it.
Current legislation requires a dog in a public
place to be fitted with a collar and a tag bearing the name
and address of the owner (Note: a microchip does not meet
this statutory requirement). Where a stray
dog has a form of identification or the owner of the dog is known,
the Dog Warden will make every effort to return the dog to its
rightful owner. However if the owner cannot be contacted a
‘notice of seizure’ (s.149(3)&(4) EPA) will be issued.
The notice specifies that the dog has been seized, where it is
being kept and that it is liable to be disposed of if it is not
claimed within seven clear days from the date of the notice.
The owner of a stray dog is “not entitled” to
the return of the animal until they have paid all the expenses
incurred and a further prescribed sum (s.149 (5) EPA). Should
the dog not be claimed, or the owner declines to pay the sums
outstanding, the ownership of the dog is legally transferred to the
Council after seven clear days. The Council is then entitled
to sell or re-home the dog (except for the purposes of vivisection)
or to have it humanely destroyed.
Policy:
Seizure of a dog
The Environmental Protection Act specifies
that in each case, a dog seized as a stray is required to be
detained and a notice of seizure served upon the owner (where
known). In addition, the policy of the Council is that,
on the first occasion that a dog is seized, the Dog Warden
will make all reasonable efforts to identify the owner and return
it to them before taking it to kennels; i.e. not incurring any
charges. The Dog Warden carries a scanning device to identify
dogs fitted with a microchip. If the address of the owner is
identified, the Dog Warden will either visit or telephone; if
contact is made, the dog will be returned.
Returning a dog
A dog will only be returned to an address if
there is someone able to receive the dog – it will not be left at
an unoccupied property, for example where the owner is out. A
dog seized on a second occasion is automatically taken directly to
the kennels, thus incurring fees and charges.
The Council currently insists on
cash, credit card or card-supported cheques for the full amount
(statutory fee, handling fee, kennelling fees, plus any veterinary
costs incurred) before a stray dog is released to a
claimant. Once all fees are paid the dog warden will
arrange to deliver the dog back to the owner. The owner will be
required to be at home to receive the dog and sign for its
receipt.
kennelling Fees
kennelling fees of £14.00 per day (subject to
annual review), plus £70 are charged. There is no charge for dogs
returned on the same day.
Out of Hours
The stray dogs service is a 24 hours service.
Dogs held in kennels over a weekend can only be returned on a
Monday (Tuesdays following Bank Holidays), following payment of the
fees and charges. However, where an owner makes contact with
the Council during the weekend, for example via the duty officer,
then the kennelling fees are ‘frozen’ to the amount owing on the
day that contact was made.
Unclaimed Strays
Stray dogs are held for a minimum period of
seven (7) ‘clear days’ following seizure, or following service of a
notice of seizure, whichever is the latest. After this
period, ownership of the dog reverts to the Council.
Section 149(6) of the Environmental Protection
Act entitles the Council to deal with unclaimed stray dogs in one
of three ways:
- By selling it or giving it to a person who
will, in his opinion, care properly for the dog;
- By selling it or giving it to an
establishment for the reception of stray dogs; or
- By destroying it in a manner to cause as
little pain as possible;
Provided that no dog shall be sold or
given for the purposes of vivisection.
The Council maintains a policy of re-homing
unclaimed strays to suitable owners whenever possible, and only
destroys dogs which are very ill or have suffered severe injuries,
and destruction is recommended by a veterinary surgeon to relieve
suffering.
Once transferred to the Council or re-homed to
a new owner, the former owner of a stray dog has no legal claim for
the return of the animal.
The details of the person to whom ownership is
transferred by this Council is required to be recorded on a public
register. Under normal circumstances, the majority of
unclaimed strays are re-homed. and therefore it is this information
which is recorded in the public register, rather than any
subsequent new owner. The register is available for public
inspection.
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