We have responsibility for enforcing a wide range of laws designed to protect the general public. Summarised below are the main laws which deal with the control of dogs:
Look after your dog - don't fall foul of the law!
Dog fouling
Dog mess is not only unpleasant but it spreads diseases which can cause illness and even blindness.
Under the Dogs (Fouling of Land) Act 1996 [external site] a person who is in charge of a dog must clean up after it when it fouls any footpath, highway, verge or other open space to which the public have access.
The law does not apply to:
- Guide dogs
- Land used for agriculture or woodlands
- Land which is mainly marshland, moor or heath
- Rural common land
- Land comprised of or running alongside a road with a speed limit over 40 miles per hour
- The Council’s uniformed wardens and dog wardens regularly patrol parks and other places used for dog walking and can issue fixed penalty notices of £50 to anyone found committing an offence. Alternatively the case could be taken to Court where a fine of up £1000 can be given.
If you wish to report a dog fouling offence, please contact our uniformed wardens on (01325) 388799.
Always make sure that you clean up after your dog and put the waste in a dog bin or dustbin.
Dog Prohibition Areas
There are a number of places in the borough where dogs are banned, with the exception of guide dogs. These dog prohibition areas are mostly children’s play areas and cemeteries and are patrolled by our dog wardens. Anyone taking a dog into one of these areas could be taken to Court where a fine of up to £500 can be given.
If you wish to report an offence, please contact the dog wardens on (01325) 388799 or email the details to customerservices@darlington.gov.uk
Avoid walking your dog near a children’s play area or in a cemetery - there will be many other places nearby where you can walk your dog.
Dogs on Leads Areas
Your dog should always be kept under control in public places, but in some areas there are byelaws which state that dogs must be kept on a lead (with the exception of guide dogs). These areas are in ornamental gardens, bowling greens, and pitch and putt areas and are patrolled by our dog wardens.
Anyone taking a dog into one of these areas without a lead could be taken to Court where a fine of up to £500 can be given. If you wish to report an offence, please contact the dog wardens on (01325) 388799 or email the details to customerservices@darlington.gov.uk
Stray dogs
The Council has a duty under the Environmental Protection Act 1990 to catch dogs that appear to be strays.
All stray dogs are kept at kennels for 7 days after which they may be donated to a re-homing centre such as Deerness Kennels or The Dogs Trust.
If your dog has gone missing you should contact Darlington Borough Council dog wardens on (01325) 388799 who will let you know if it has been picked up. If you wish to reclaim the dog you must do so within 7 days and you will have to pay the boarding fees plus a charge of £25.
If you find a stray dog, you are required by law to return it to the owner or to contact our dog wardens on (01325) 388799 who will arrange to collect it. If you find a stray dog outside of normal office hours you should take it to the Council depot at Vicarage Road, where there is a 24 hour kennelling facility. Alternatively you can keep the dog until the next working day and contact the dog warden. If the dog is injured it should be taken to the nearest vets as soon as possible.
If you wish to keep the dog, you must have written permission from us, and you will have to keep it for at least 28 days.
For re-homing issues please contact our dog wardens for advice.
Barking dogs
Constant barking and howling is annoying to neighbours and could result in us taking legal action against you for causing a noise nuisance. See our page on Helpful Tips to Stop Dog Barking.
Boarding Kennels
The Animal Boarding Establishment Act 1963 requires boarding kennels for cats and dogs to be licensed by us– find out more about Animal Boarding Establishment Licences.
Dog Breeding
Under the Breeding and Sale of Dogs (Welfare) Act 1999, no person can keep a breeding establishment for dogs except under a licence granted by us. If you own 5 or more breeding bitches and they produce 5 or more litters per year or your premises are used solely for the purpose of breeding dogs then you will require a Dog Breeding Licence.
Collar and identity tags
Under the Control of Dogs Order 1992 [external site], all dogs must wear a collar and identity tag in a public place. The tag must show the owner’s name and address. Our dog wardens enforce this law and fines of up to £5000 can be given by the Courts for an offence.
If you wish to report an offence, please contact the dog wardens on (01325) 388799 or email the details to customerservices@darlington.gov.uk
Always make sure that your dog wears a collar and tag, even if microchipped.
Microchipping
One of the best ways to ensure that your dog is reunited with you is to have it microchipped.
A tiny microchip (the size of a grain of rice) is painlessly inserted in the skin at the back of the dog’s neck. This has a unique code number which is entered onto a national PetLog computer database together with the owner’s name and address. If the dog is found, a scanner is passed over the microchip and the owner can be identified.
We can offer microchipping for just £10.00, and free to people receiving benefits. To arrange to have your dog microchipped, please contact the dog wardens on (01325) 388799 or email your details to customerservices@darlington.gov.uk
Dangerous dogs
The Dangerous Dogs Act 1991 [external site], bans the ownership, breeding, sale (both national and international) and exchange of certain types of fighting dogs – the ban currently covers pure breeds and cross breeds with the same physical and behavioural characteristics as the Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Braziliero. The maximum fine for having a banned dog is £5000 and/or 6 months in prison and the dog may be destroyed.
Section 3 of the act applies to all dogs that are dangerously out of control in a public place (it does not apply to dogs in their own garden who jump up at visitors). If a dog acts in a way in which someone fears they will be attacked, then an offence is committed. The fines are up to £5000 and/or 6 months in prison and the Courts may order the dog to be destroyed.
A Police Officer or dog warden may seize a banned dog or a dog that is dangerously out of control. If you wish to report a dangerous dog, please contact the Police on 0845 6060365 or the dog wardens on (01325) 388799. The Courts can also issue a warrant for the police to enter a building and seize a dog.