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To muzzle or not to muzzle - that is the question


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After the tragic events that have appeared in the news today where a girl was attacked by three rottweilers, a story in the Sentinel about a dog on dog attack, and a recent report of a young man making use of the sports court on a local open space, to teach his dog to attack a coat (yes in a space where kids play!): you have to ask the question, do certain breeds of dogs needed muzzling?

We all know that in most cases it's the way a dog has been treated and brought up that makes it attack. We also know some breeds have the capability to b far more aggressive that others due to the nature, build and power of certain breeds.

As not all dogs are equal, also not all owners are equal, so the standard and quality of training will be vastly different. Wouldn't it be fairer if a register was drawn up were certain breeds or mix of breeds, weights and heights are forced to wear muzzles.

I know this issue is quite contentious to dog lovers, who quite rightly say that they do right by their animal, why tar us all with the same brush. But in this age of animal status symbol, would such an act reduce some of these attacks.

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dereth's picture

certain dogs do need

certain dogs do need muzzling, and there are dog law to say this,
its down to the people who own these type of dogs to do the muzzling when the dogs are on walks/out on public land.

Web Monkey's picture

That's a good place to start

That's a good place to start "The Dangerous Dogs Act 1991"

The important thing here is the list isn't very big, although the caveat "And any dog who in the opinion of the Secretary of State was bred for fighting, or has the appearance of a dog bred for fighting" covers a number of other breeds, but judging by the number of rotties I see being walked, the law doesn't cover them. Agreed these dogs aren't bred for fighting, but are still bred to attack when needed. So should any sort of guard dog fall under the same list? If it's not clear to me from researching these other breeds, then I can't see how it's clear to others.

Also, after speaking to the local Dog Warden at a recent residents meeting, only one person was fined by himself last year for dog fouling, and only 10 people in the entire city were fined for the same time period.

So there is no way enforce these laws, and no clarity to them.

1 Dogs bred for fighting

(1) This section applies to—

(a) any dog of the type known as the pit bull terrier;

(Cool any dog of the type known as the Japanese tosa; and

(c) any dog of any type designated for the purposes of this section by an order of the Secretary of State, being a type appearing to him to be bred for fighting or to have the characteristics of a type bred for that purpose.

(2) No person shall—

(a) breed, or breed from, a dog to which this section applies;

(Cool sell or exchange such a dog or offer, advertise or expose such a dog for sale or exchange;

(c) make or offer to make a gift of such a dog or advertise or expose such a dog as a gift;

(d) allow such a dog of which he is the owner or of which he is for the time being in charge to be in a public place without being muzzled and kept on a lead; or

(e) abandon such a dog of which he is the owner or, being the owner or for the time being in charge of such a dog, allow it to stray.

(3) After such day as the Secretary of State may by order appoint for the purposes of this subsection no person shall have any dog to which this section applies in his possession or custody except—

(a) in pursuance of the power of seizure conferred by the subsequent provisions of this Act; or

(Cool in accordance with an order for its destruction made under those provisions;

but the Secretary of State shall by order make a scheme for the payment to the owners of such dogs who arrange for them to be destroyed before that day of sums specified in or determined under the scheme in respect of those dogs and the cost of their destruction.

(4) Subsection (2)(Cool and (c) above shall not make unlawful anything done with a view to the dog in question being removed from the United Kingdom before the day appointed under subsection (3) above.

(5) The Secretary of State may by order provide that the prohibition in subsection (3) above shall not apply in such cases and subject to compliance with such conditions as are specified in the order and any such provision may take the form of a scheme of exemption containing such arrangements (including provision for the payment of charges or fees) as he thinks appropriate.

(6) A scheme under subsection (3) or (5) above may provide for specified functions under the scheme to be discharged by such persons or bodies as the Secretary of State thinks appropriate.

(7) Any person who contravenes this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both except that a person who publishes an advertisement in contravention of subsection (2)(Cool or (c)—

(a) shall not on being convicted be liable to imprisonment if he shows that he published the advertisement to the order of someone else and did not himself devise it; and

(Cool shall not be convicted if, in addition, he shows that he did not know and had no reasonable cause to suspect that it related to a dog to which this section applies.

(8) An order under subsection (1)(c) above adding dogs of any type to those to which this section applies may provide that subsections (3) and (4) above shall apply in relation to those dogs with the substitution for the day appointed under subsection (3) of a later day specified in the order.

(9) The power to make orders under this section shall be exercisable by statutory instrument which, in the case of an order under subsection (1) or (5) or an order containing a scheme under subsection (3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2 Other specially dangerous dogs

(1) If it appears to the Secretary of State that dogs of any type to which section 1 above does not apply present a serious danger to the public he may by order impose in relation to dogs of that type restrictions corresponding, with such modifications, if any, as he thinks appropriate, to all or any of those in subsection (2)(d) and (e) of that section.

(2) An order under this section may provide for exceptions from any restriction imposed by the order in such cases and subject to compliance with such conditions as are specified in the order.

(3) An order under this section may contain such supplementary or transitional provisions as the Secretary of State thinks necessary or expedient and may create offences punishable on summary conviction with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

(4) In determining whether to make an order under this section in relation to dogs of any type and, if so, what the provisions of the order should be, the Secretary of State shall consult with such persons or bodies as appear to him to have relevant knowledge or experience, including a body concerned with animal welfare, a body concerned with veterinary science and practice and a body concerned with breeds of dogs.

(5) The power to make an order under this section shall be exercisable by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

3 Keeping dogs under proper control

(1) If a dog is dangerously out of control in a public place—

(a) the owner; and

(Cool if different, the person for the time being in charge of the dog,

is guilty of an offence, or, if the dog while so out of control injures any person, an aggravated offence, under this subsection.

(2) In proceedings for an offence under subsection (1) above against a person who is the owner of a dog but was not at the material time in charge of it, it shall be a defence for the accused to prove that the dog was at the material time in the charge of a person whom he reasonably believed to be a fit and proper person to be in charge of it.

(3) If the owner or, if different, the person for the time being in charge of a dog allows it to enter a place which is not a public place but where it is not permitted to be and while it is there—

(a) it injures any person; or

(Cool there are grounds for reasonable apprehension that it will do so,

he is guilty of an offence, or, if the dog injures any person, an aggravated offence, under this subsection.

(4) A person guilty of an offence under subsection (1) or (3) above other than an aggravated offence is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both; and a person guilty of an aggravated offence under either of those subsections is liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;

(Cool on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

(5) It is hereby declared for the avoidance of doubt that an order under section 2 of the [1871 c. 56.] Dogs Act 1871 (order on complaint that dog is dangerous and not kept under proper control)—

(a) may be made whether or not the dog is shown to have injured any person; and

(Cool may specify the measures to be taken for keeping the dog under proper control, whether by muzzling, keeping on a lead, excluding it from specified places or otherwise.

(6) If it appears to a court on a complaint under section 2 of the said Act of 1871 that the dog to which the complaint relates is a male and would be less dangerous if neutered the court may under that section make an order requiring it to be neutered.

(7) The reference in section 1(3) of the [1989 c. 30.] Dangerous Dogs Act 1989 (penalties) to failing to comply with an order under section 2 of the said Act of 1871 to keep a dog under proper control shall include a reference to failing to comply with any other order made under that section; but no order shall be made under that section by virtue of subsection (6) above where the matters complained of arose before the coming into force of that subsection.

6 Dogs owned by young persons

Where a dog is owned by a person who is less than sixteen years old any reference to its owner in section 1(2)(d) or (e) or 3 above shall include a reference to the head of the household, if any, of which that person is a member or, in Scotland, to the person who has his actual care and control.

7 Muzzling and leads

(1) In this Act—

(a) references to a dog being muzzled are to its being securely fitted with a muzzle sufficient to prevent it biting any person; and

(Cool references to its being kept on a lead are to its being securely held on a lead by a person who is not less than sixteen years old.

(2) If the Secretary of State thinks it desirable to do so he may by order prescribe the kind of muzzle or lead to be used for the purpose of complying, in the case of a dog of any type, with section 1 or an order under section 2 above; and if a muzzle or lead of a particular kind is for the time being prescribed in relation to any type of dog the references in subsection (1) above to a muzzle or lead shall, in relation to any dog of that type, be construed as references to a muzzle or lead of that kind.

(3) The power to make an order under subsection (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Steve's picture

The city council Dog Wardens

The city council Dog Wardens by the city councils own statistics look at best poor value for tax payers money.Really what are they doing all day ?. Would it not be better if they were payed by results i;e tickets for fouling and off leash in public park.

Soaps's picture

Hello, LTNS. The RSPCA have

Hello, LTNS. The RSPCA have been talking about every dog owner paying a dog license, with the fees going towards owners who treat their dogs as hard men status symbols rather than pets.

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