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Who do you tell if the neighbours have acquired what you strongly suspect is a pit bull for their three year old???

9 replies

stripeymama · 05/06/2008 21:40

We have just returned from a month away from home to find what I'm pretty certain is a young pit bull pooing in our garden.

A bit of shouting 'Shoo' at it brought the neighbour (who speaks very little english) outside, where she smiled lots and asked if the dog was doing anything wrong!?! Then told me it was her three year old neice's dog

It growled at the neighbour, her son, and her niece when the tried to catch it. They all ran round shouting 'naughty' at it for a bit til it decided to go back in their garden. I know the responsibility for fencing it out of our garden is mine but what I'm bothered about is whether I should inform someone somewhere that there seems to be a pit bull next door? They tried telling me it was a Staffie but I really don't think it is.

OP posts:
Ecmo · 05/06/2008 21:42

I would be wary of reporting it. Staffie crosses can look very like Pitbulls. However the fact that it is already showing aggression is worrying. If it was me I would phone your local council in the morning and ask to speak to the dog warden.

stripeymama · 05/06/2008 21:50

Hmmm yes I know it can be hard to tell but that dog is not a Staffie. I am a fairly 'dog' person and have seen Pitbulls before.

My dp has a big dog (alsatian/newfoundland cross) and I'm relaxed about dd playing with dogs but I'd never ever get her one of her own. The reason I'm so bothered is partly because the neighbours have the right of way through our back garden to get down the alleyway, so there is a gate in the fence that they constantly leave open.

OP posts:
Rhubarb · 05/06/2008 21:52

Phone RSPCA or the council with your concerns, they'll send someone round to check it out. At the very least they would offer advice that might make the owners think twice before leaving it alone with children. You do need to do something though, sounds like an accident just waiting to happen.

bethoo · 05/06/2008 22:02

i would voice your concerns as pit bulls are illegal and aggressive dogs should not be off the lead and unsupervised. even if the dog is not an illegal breed the warden/RSPCA/police will give good advice on how to care and handle the animal.
you and your children are at risk if the dog has access to your garden and if it shits in your garden tell them to clear it up.

stripeymama · 06/06/2008 09:39

I've just cleared up three turds and put the bags into next doors garden

I know they should clear it up but the english of the adults is so limited that it is very hard to explain anything to them - I've had problems before with them throwing fag butts onto my lawn (100s of them when we were away, not just one or two) and I tried to talk to them about it, but in the end the only thing that got through was throwing them all back.

I am going to phone the Dog Warden in a bit. Have explained to dd that the dog is not to be played with if it comes in the garden.

OP posts:
snorkle · 06/06/2008 09:46

I may be wrong, but although it may be your responsibility to maintain the boundary, that doesn't mean you have to maintain a dog-proof one. If your neighbours have a dog then it is their responsibilty to keep it out of your garden & they may need to put a fence up. That doesn't help with the shared access issue though.

evenhope · 06/06/2008 11:51

Under the various dog laws there is a clause that a dog has to be kept "under control". If it is coming into your garden it isn't under control. (try googling Dangerous Dogs Act)

Piffle · 06/06/2008 11:55

Your legal responsibility as a dog owner
(from dogtrust website)

As a responsible dog owner, it is important for you to meet with the requirements of the law. There are a number of Acts and Orders which all dog owners should be aware of.

Identification
? Control of Dogs Order 1992
This requires that every dog, while in a public place, wears a collar with the name and address of his owner inscribed on it or on a disc attached to it. If a collar is not worn when out in a public place, the dog may be seized by the police and treated as a stray. Also the owner, and any person in charge of the dog permitting him to be in a public place without a collar, will each be guilty of an offence and may be prosecuted and fined.

If your dog does stray, you should immediately contact your local dog warden (through the Environmental Health Department at your local council) and the local police station. The Environmental Protection Act 1990 allows for your dog to be seized and sold or destroyed if unclaimed after a seven day period.

? Microchipping
Sadly, dogs are often destroyed because their owners cannot be found and the dog cannot be found a home. If a dog is microchipped with his own unique identification number registered on a national database, owners can be traced very quickly and the dog can be returned safe and sound.

For more information on microchipping click here (opens new browser window)

Control
? Town Police Clauses Act 1847 (outside London) and Metropolitan Police Act 1839 (London)
These Acts make it an offence to allow an unmuzzled, ferocious dog to be left at large, or for a person to set on or to urge any dog attack, worry or put in fear any person or animal in the street.

? Dogs Act 1871
Under this Act, a court may, upon complaint that a dog is dangerous and not kept under proper control, order the owner to keep him under proper control or to be destroyed.

? Animals Act 1971
Under this Act a dog may be shot, without warning, by a farmer for worrying his livestock and the owner could face criminal prosecution for the same offence under the Dogs (Protection of Livestock) Act 1953.

? Road Traffic Act 1988
This makes it an offence to have a dog on a designated road without the dog being held on a lead.

? Guard Dogs Act 1975
It is an offence to use or permit the use of a guard dog on any premises unless the handler, who is capable of controlling him, is present on the premises and the dog is under control. The dog must be secured so that he is not at liberty to go about the premises. A warning that a guard dog is present must be clearly exhibited at each entrance to the premises.

? Dangerous Dogs Act (DDA) 1991
There are two main sections to this Act. Section 1 applies to four specific breeds of dog including ?the type of dog known as the pit bull terrier?. Owners of these breeds had to comply with certain legal requirements, including having their dog registered, neutered, microchipped and tattooed. One of the main problems with this law is that the pit bull terrier is not a recognised breed in the UK. As a result, many owners of cross breeds which resemble a pit bull terrier ?type? have been charged under the Act.

Section 3 applies to all dogs, making it a criminal offence to allow a dog to be dangerously out of control in a public place. This includes instances where there is fear that an injury might occur.
Owners found guilty under either section of the Act could have their dog destroyed, face the possibility of six months in prison and/or a fine not exceeding level 5 (at present up to £5,000).

For more information on this Act click here (opens new browser window)

Responsible Ownership
? Clean Neighbourhoods and Environment Act 2005
Since 6th April 2006 local authorities in England and Wales have had the power to introduce new Dog Control Orders under this Act

These Orders may restrict where you can walk your dog (on or off lead), how many dogs you can walk at one time, and makes it an offence if a person in charge of a dog fails to clean up its faeces. Designated land may include roads, parks and other public areas within the local authority?s boundaries; in fact any land which is open to the air and to which the public are permitted to have access.

If you don?t abide by these Orders, you could be fined up to £1000. It is no defence to claim ignorance of the dog's actions, the law.

For more information about these Orders click here (opens new browser window)

Protection of Animals
There are several Acts on the Statute Book which protect dogs from ill treatment, among them are the following:

Animal Welfare Act
This Act came into force on the 27th March 2007 in Wales and the 6th April 2007 in England.

This Act introduces the new legal concept of a ?duty of care?, which means that people are now legally obliged to ensure the welfare of the animals in their care. A person who owns a dog, or is looking after a dog (or other animals covered by the Act) must make sure the dog has a suitable environment; has a suitable diet; is able to exhibit normal behaviour patterns; is protected from pain, suffering, injury and disease. The carer must also address the dog?s need to be housed with, or apart from, other animals.

The Act also covers the sale of animals to people under 16 years, dog fighting, tail docking and more.

For more information click here (opens new browser window)

? Abandonment of Animals Act 1960
This Act extends the definition of cruelty to include abandonment of an animal.

snorkle · 06/06/2008 12:47

I don't know evenhope, it could possibly be 'under control' even if it's in your garden (not that this one sounded like it was). None of Piffles interesting statutes seemed to mention trespass of dog onto someone elses private land. I'm sure they would be liable for any damage it caused though and that should include it fouling. The trouble is, if it might be dangerous, you don't want to wait until after someone is hurt before doing something.

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