Should the UK Look to the Other Side of the World for Dog Control Ideas?

Published on September 28, 2008 by Neil Burton   ·   5 Comments

Recently I had the honour to be asked to speak at the Western Australia Rangers Association (WARA) 30th annual conference in Perth Western Australia. A number of delegates were surprised to hear that in the United Kingdom there is no general dog registration scheme in operation and several asked how do we in the UK know how many dogs there are in the country?

I explained that the ‘old dog licence’ evolved from a ship tax from the 1700’s and that with the introduction of decimalisation the grand amount of 7 shillings and sixpence for a dog licence was turned into 35 pence meant the death of dog licensing. As many readers will be aware, the cost of collection far outweighed the amount of revenue generated; this made me think about the difference between the UK and Western Australia in regard to dog control.

Dog laws in the state of Western Australia are enforced by the above mentioned Rangers who amongst their other duties also deal with parking, off-road vehicles, litter, fire control and court prosecution work. Far from being the equivalent of UK Dog Wardens and Animal Welfare Officers and dealing solely with dog related issues, the Rangers have a pivotal role in their communities’ safety and many are involved in fire control duties, something that is outside the remit of dog control officers in the UK.

The correct title for the Rangers is Local Government Rangers/Patrol Officers and they enforce various acts of parliament as well as local authority laws, they are not as their information leaflet points out Park Rangers!

There are around 14 dog related laws that can be enforced in Western Australia by the Rangers and they all carry an ‘on the spot’ fine.

STRAY DOGS

Stray dogs only have to be held for 72 hours before they become the property of the local authority and can either be re-homed or destroyed, although there is an amendment on the cards for dogs to be held for seven days as in the UK. There is an impound fee that has to be paid before the dog will be returned as well as a sustenance fee (kennel charge) if the dog is not registered then it has to be registered and the owner may also face a fine for not registering the dog.

DOG REGISTRATION

Registration applies to all dogs over the age of 3 months and can be taken out for one year or for three years, the costs are:

1 Year 3 Years

Neutered/spayed A$10 A$18

Un-neutered A$30 A$75

There are exemptions such as there is no charge for a Guide Dog, dogs used for droving and tending cattle have a 25% exemption and dogs owned by pensioners are eligible for a 50% reduction.

Foxhound packs are registered at a cost of A$40 per kennelled pack or not less than ten hounds.

Should for whatever reason a person fail to register their dog before 31st May in any year then they have to pay 50% of the fee from the date they register it.

The registration period runs from 1st November through to 31st October of the following year.

The revenue raised is used by local authorities to help recover a portion of their costs not only relating to licensing but also in the administration and enforcement of the Dog Act 1976 which is the primary piece of legislation for dog control in Western Australia.

DOG CONTROL

Dogs must be kept on a lead in public less for when they are at a designated dog exercise area, there is an on the spot fine of A$100 for not having it on a lead or for also allowing it to roam. Should the courts become involved then the fine may be up to A$1,000.

BARKING DOGS

Another area where the Rangers can deal with a dog nuisance is by issuing an on the spot fine for allowing a dog to bark persistently, this fine is A$100 with the possibility of a fine up to A$2,000 if taken to court.

DOG FOULING

Just as there are problems caused by irresponsible dog owners who fail to clear up after their dogs in the UK, the same applies to Western Australia. Local authorities have by-laws in place to deal with such irresponsible dog owners.

DANGEROUS DOGS

There are severe laws for dog attacks such as a dog attacking a person or other animal, the dog owner is held responsible even if they were not present when the attack took place. The only exemption would be where the dog was provoked to attack perhaps by an intruder being on the owner’s property without a lawful excuse or another animal strays onto the dog owner’s property.

The fine for a dog attack is A$10,000 with an additional 12 months imprisonment if the dog owner caused the attack by inciting the dog to attack.

Another area that differs between the UK and WA is that local government can declare a dog as dangerous if it attacks, shows a tendency to attack or repeatedly rushes, threatens or chases people or animals.

Once a dog has been declared as dangerous, it has to be muzzled at all times in a public place, the council can also impose further restrictions such as requiring that the dog be kept on a leash even in a dog exercise area (where dogs can be let off their leads) or the dog could be excluded from specific areas. It has to wear a specific collar that has red and yellow stripes on it and a dangerous dog sign has to be placed at the owner’s property or where the dog is kept.

The fine for failing to comply with a declaration order is A$4,000.

A dog owner may appeal to the local authority that has imposed the declaration order or to a court if they feel the order is unfair. The dangerous dog declaration will only be removed by the local authority if it is satisfied that the dog is safe (i.e. by passing an obedience training course).

Should the owner of a dog declared dangerous receive an on the spot fine for a dog related offence the fine is doubled.

NAME AND ADDRESS TAG

It is a requirement for dogs to wear a tag showing the name and address of the owner as well as a local authority registration tag. An offence is committed if the dog is not wearing a collar and both of these tags, owners will receive an on the spot fine of A$50.

PROHIBITED BREEDS

In accordance with the Dog (Restricted Breeds) Regulations of 2002 the following dogs are defined as ‘restricted breed dogs’ whose importation into Australia is prohibited:

Dogo Argentino, Fila Brasiliera, Japanese Tosa and American Pit Bull Terrier

The regulations provides for a ‘restricted breed dog’ to include any dog of a mixed breed which visibly contains any of the above breeds.

In November 2005 the Presa Canaria was added to the above list.

Restricted breed dogs have to wear a collar with the same specifications as that worn by a dog that has been declared dangerous. The collar has to have alternating red and yellow stripes and be of a minimum width dependent on the size of the dog.

Restricted breed dogs have to be kept in an enclosure that is capable of preventing a young child from entering the enclosure or the dog escaping. Dog owners are also required to display a sign of a specified size that has the words WARNING and DANGEROUS DOG in capital letters and the head and neck of a dog in a circle.

When any restricted dog is taken out in public, it has to be muzzled and on a lead and must not be under the control of a person under the age of 18.

A dog owner is not allowed to own more than two restricted breed dogs unless a permit has been obtained from the local authority.

A restricted breed dog can be seized and detained for not wearing a dangerous dog collar, the owner not displaying the correct dangerous dog sign or it is not muzzled or on a lead in public or under the control of a person under 18. A dog seized for any of these omissions may be destroyed after eight days.

The owner can be fined up to A$5,000 for any breach of the regulations.

Although it appears that there are a lot of dog related offences that the dog owner in the street can face in Western Australia, the method of registration and enforcement has been handed to local authorities to enforce. Whenever there is talk of compulsory registration in the UK a deadlock is usually reached when the subject of micro chipping or tattooing is broached, why not just use the addition of a registration tag on the currently legally required dog collar as is the preferred method in Western Australia?

Local authorities in the UK would then have to keep a localised register similar to the register of seized dogs that is a statutory requirement under the Environmental Protection Act 1990.

There are also a number of local authorities in the UK that have voluntary licensing schemes in their areas, these promote responsible dog ownership and subject to how the scheme works must result in a lesser number of dogs having to be seized with all the associated resource implications to the council.

The Department for Farming and Rural Activities (DEFRA) should look at the way dog licensing is carried out in Western Australia, the use of the registration tag and a dog licensing register at the council offices is a low tech yet effective way of running such a scheme subject to adequate funding and support from government.

Any compulsory dog licensing scheme should remain within the remit of local government and not end up in the hands of private profit driven companies. As local government employees would be enforcing any dog licensing conditions, the income raised should be put back into promoting responsible dog ownership within the local area for the benefit of all members of the local community.

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Tags:  Animal Welfare, Breed Specific Legislation, Dangerous Dogs