From April 2008 North Lincolnshire Council has sole responsibility for stray dogs. The minimum requirement imposed on the council is that where practicable we provide a place where dogs can be taken outside normal office hours. These are called ‘acceptance points’. The council is not expected or required to provide a round-the-clock call out service for stray dogs.
The police retain shared duties with the council regarding dangerous dogs. This working relationship enables these kind of issues to be dealt with effectively.
Re-homing of unclaimed stray dogs
The council has an excellent record of re-homing unclaimed stray dogs and always tries to find dogs a new home. The council’s acceptance points often have dogs for sale to local residents. The breed, size, age of dogs can change daily so you are encouraged to contact the acceptance points if you’re looking to give a dog a good home. The council reserves the right to refuse to sell any dog if it is not confident it is going to a suitable home in terms of the household or the dog itself.
Appointment of an officer
The council must appoint an officer for the purpose of discharging its stray dog functions. North Lincolnshire Council has appointed the service director for Neighbourhood and Environmental Services for this purpose. While these functions are delegated to other people (dog wardens and other officers of the neighbourhood enforcement team) the appointed officer retains overall responsibility for ensuring that the council’s stray dog functions are discharged correctly.
Seizure of stray dogs
There is no statutory definition of a stray dog. However, any dog found in a public or private place where it should not be, which appears to be without its owner and not under the control of its owner or a person representing them, may be seized and detained as a stray dog.
Where a dog warden (and other officers of the neighbourhood enforcement team) finds a dog they believe to be stray in a public place, they shall (where practicable) seize and detain the dog. However if the dog is on land or premises that is not a public place, the officer must first gain the permission of the owner or occupier of the land or premises. A ‘public place’ in England and Wales is defined as any highway and any other place to which the public are entitled or permitted to have access.Identifying owners of stray dogs
The Control of Dogs Order 1992 states that dogs must wear a collar and tag giving the name and address of the owner when in a public place. In most cases, it is expected that this will enable the owner to be identified with relative ease. Failure to comply with this is an offence under the Animal Health Act 1981 and such dogs may be seized, even if a person is in charge of it at the time. Also, the 1992 Order places a duty on the council to enforce the requirement for dogs to wear a collar and tag in a public place.
Due to the increase in permanent identification methods, such as micro-chipping, the council is equipped to identify micro-chipped dogs at the earliest possible opportunity. Our scanners/readers are compatible with as wide a range of formats as possible.
Identifying the owners of prohibited types of dogs
The ownership of the following types of dog is prohibited under the Dangerous Dogs Act 1991 (as amended 1997): Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Braziliero. Guidance on identifying these types of dog can be found on Defra's website.
Ownership of the above types of dog is permitted only where the dog is registered on the Index of Exempted Dogs and it is kept in compliance with the requirements of the Index. Exempted dogs have to be neutered, tattooed, and micro-chipped. They also have to be on a lead and muzzled at all times when in a public place. Owners also have to maintain insurance against their dogs injuring third parties. It is an offence under the 1991 Act to allow an exempted dog to stray.
If a dog warden (and other officers of the neighbourhood enforcement team) identifies a prohibited type of dog that is not on the Index of Exempted Dogs they will contact the police.
Return of seized dogs to their owners
If a dog warden (and other officers of the neighbourhood enforcement team) can identify the dog owner they will serve notice on the owner or person whose address is on the collar. The notice states:
- that the dog has been seized;
- where it is being kept; and
- that it will be disposed of unless it is claimed within seven clear days after the service of the notice and the full amount liable for the safe upkeep of their dog is paid.
The council will charge the owner all expenses incurred during the dog’s detention including a straying fine. The expenses are calculated as the per day kennel cost plus any other costs involved in detaining the dog, for example, charges incurred for treating an injured dog. The fine is prescribed in the 1992 Regulations as £25.
The council is within its rights to, and will, detain any stray dog until the owner has paid the full amount. The amounts to be paid are publicised at the acceptance point to which the stray dog has been taken.
Finders that request to keep a stray dog
Anyone who finds a stray dog can request to keep the dog if it is not claimed. Regulations specify that if the finder asks to keep the dog they must give their name and address. The council will make reasonable attempts to contact the owner to give them reasonable opportunity to collect the dog. Regulations require the council to determine whether the finder is a suitable person to keep the dog. The officer must inform the finder verbally and in writing that he is obliged to keep the dog (if unclaimed by the owner) for at least 28 days and that failure to comply with that obligation is a criminal offence.
This document does not claim to deal with the civil law on ownership in this context.
The finder has a duty to keep the dog for 28 days after taking possession of it, however they do not become the legal owner of the dog. The council makes it clear to the finder that if a person claiming to be the rightful owner of the dog – and can prove it – requests the return of the dog, then the finder may have to give it back. Disputes over ownership are subject to the usual civil common law principles governing possession and title.
The council is entitled to and will sell stray dogs if the original owner does not reclaim the dog within seven days.
Register of detained dogs
The council keeps a register of dogs seized or brought to the council and of dogs being kept by their ‘finders’. Details of newly detained dogs are added to the register at the earliest possible opportunity. Details recorded in the register are:
- a brief description of dog, including breed (if known), colour and any distinctive characteristics or markings, tattoos or scars;
- any information contained on collar/tag, or otherwise carried by the dog, this would include micro-chipping;
- date, time and place of the seizure;
- if a notice is served on the owner, details of when/where served.
When a dog is taken out of council care the register records the date of disposal; method of disposal; the name and address of purchaser and price (if sold), person to whom the dog was gifted or person carrying out the humane destruction. Where the dog is returned to a person claiming to be the owner, the register records the name and address of that person and the date of return.
Detention of stray dogs
The council must detain for seven days any dogs seized or brought to them. The seven-day period should start from either the day of the seizure or the day in which the notice was served on the owner.
The council treats any dogs that are injured or require treatment to keep them alive, unless the costs of doing so are excessive or if the dog’s condition is such that it would be more humane to provide euthanasia.
The council may have a dog destroyed before the seven-day period has ended if it must be done to avoid suffering. The council consults with veterinary surgeons prior to making this decision, and the euthanasia will only be carried out by a vet.
Disposal of stray dogs
If an owner has not collected a stray dog after seven days, the council may dispose of the dog:
- by selling it or giving it to a person who will in our opinion care properly for the dog;
- by selling it or giving it to an establishment for the reception of stray dogs; or
- by putting the dog to sleep in a manner that cause as little pain and suffering as possible.
No dog will be disposed of for the purposes of vivisection.
North Lincolnshire Council is proud of its rehoming record. Euthanasia will only be considered after all other avenues have been explored to save the dog. It should be noted that banned breeds cannot be re-homed.
Dead dogs
In the event that a dog warden (and other officers of the neighbourhood enforcement team) find a dead dog they will make every attempt to establish the identity of the dog and its owner and, where appropriate, give the owner the opportunity to collect the dog.
North Lincolnshire has contracted two local kennels to act as acceptance points for stray dogs. The public, police etc. may take dogs to the acceptance points as well as the dog wardens and other officers of the neighbourhood enforcement team.
Please telephone the acceptance points before taking any dog to ensure they are open and there is a kennel available.
Acceptance points
Amcotts Grange Kennels
Amcotts Grange
Keadby
North Lincolnshire
DN17 3EZ
Tel. 01724 782802
Location map
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Amcotts Kennels receives stray dogs 24 hours a day, seven days a week. Dogs for re-homing are available from this kennel.
Sangreat Kennels
Inglenook
Station Road
Scawby
North Lincolnshire
DN20 9AA
Tel. 01652 652453
Location map
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Sangreat Kennels receives stray dogs between 9am and 5pm Monday to Saturday; 1pm to 4pm Sundays and bank holidays.
Dogs for re-homing are available from this kennel.
For more information or to report a stray dog please call the council on 01724 297000.
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