Dogs
South Ayrshire Council has produced a code
of conduct for dog
owners. This asks local residents to observe the following:
Tenants and local residents should be reminded of the Council’s Code of Conduct.
In response to complaints about dogs, Housing Officers will visit the tenant to establish the nature and extent of the problem. A follow up letter will be sent outlining the tenant's responsibilities and a copy of the Council’s Code of Conduct leaflet will be enclosed.
It is an offence under section 48 of the Civic Government (Scotland) Act 1982 to allow a dog in your charge to foul in public places including footpaths, footways, children’s play areas and other local authority areas which are used for recreational purposes. Housing Services staff will remind offenders of this and report any incidents to the local police. The dog owner may be liable on summary conviction to a fine.
It is also an offence under the Civic Government (Scotland)
Act 1982 section 49, to allow a dog in your charge to cause danger
or injury to another person in a public place. Any “person” can
apply to the District Court for an order. Forms are available
from the District Court.
The person complaining will normally
be expected to give evidence in court along with any other witnesses.
If the action is successful, the
court will issue an order to the dog owner. The terms of the order
will vary depending on the nature of the complaint. Breach of the
order will be a criminal offence and punishable by fine or imprisonment.
The local authority acting on behalf of neighbouring residents
cannot apply.
Under section 13 of the Animal Health Act 1981, as amended by section 151 of the Environmental Protection Act 1990, and under the Control of Dogs Order 1992 Statutory Instrument 1992/901, all dogs must be collared whilst in a public place. Failure to comply with this is a criminal offence. Any dog found on a housing estate, which is not wearing a collar, will be reported to the Council’s Dog Warden, or the local police, either of whom have powers under the above legislation to seize the dog and treat it as a stray.
The Dangerous Dogs Act 1989 and 1991 allows the police to take action against the owners of dangerous dogs not complying with the Act. This applies to specific breeds of dog. Details are set out in the Act.
Housing Officers who are visiting tenants with dogs will be expected to be aware of their own personal safety. If the dog is not controlled by the tenant and appears to be aggressive, officers will not be expected to enter the property. The tenant will be written to and asked to isolate their dog in one of the rooms when the officers attend a pre-arranged appointment. Officers will carry an alarm, which can be used to fend off unexpected aggressive dogs. Officers will then retreat from the property taking no unnecessary risks.Noise from barking dogs can be a nuisance to neighbours. Bark
control devices can be used in an attempt to resolve the problem.
These devices will be given to the dog owner on loan for a specific
period of time. If successful, the dog owner will be required
to purchase their own. The device fits to the dog’s collar
and triggers a high-pitched sound each time the dog barks. The
devices have been successfully used to control barking dogs,
however, they may not be successful in all cases.
The Council can apply for interdict, where the dog has damaged
the property. This would only be considered where other attempts
to resolve the problem have failed. Interdict would be requested
to prohibit the tenant from doing something specific. An example
would be: leaving the dog alone in the house for an unreasonable
period of time, or from leaving the dog in the garden area unsupervised.
Tenants will be invoiced for the cost of any repairs as a result of damage caused by a dog or other pet.
Tenants of multi-storey flats will not be permitted to keep dogs. This is a condition of the Council’s Scottish Secure Tenancy Agreement.
The Tenancy Agreement says:
Keeping of PetsIf a tenant fails to comply with these conditions, the Council can request that the pet is removed from the property. They will be given 1 month to comply with this request. If the tenant fails to comply with the request then the Council will consider taking possession action on the grounds that the tenant has failed to comply with the conditions of the tenancy. A notice of proceedings would be served on the tenant.
More details about dealing with neighbour complaints relating to dogs or other pets can be found in the Council’s Anti-Social Neighbour Procedures.
Rats/Mice
Where a tenant reports a problem with rats or mice, Housing Officers
will refer the case to Environmental
Health Officers. They
will visit the property and either treat the infestation, or
advise the occupier on how to eradicate the problem. There
is no cost to council tenants for this service, however non-council
tenants and homeowners will be charged a fixed fee. Environmental
Health Services will arrange for invoices to be issued. Housing
Officers will refer all appropriate cases to Environmental
Health by e-mail.
Insects
Environmental Health Officers will treat any problems relating
to insects. Housing Officers will refer all cases by e-mail.
An EHO will visit the property and either arrange for treatment
of the problem or advise the occupier on appropriate solutions.
This service is free to council tenants, however, there is
a charge to all other occupiers. Environmental Health Services
will arrange for the invoices to be issued.
Dangerous Animals
The Dangerous Wild Animals Act 1976 introduced a licensing system
for people who want to keep dangerous animals as pets. Licences
are required for any animal that is listed in the Act. The
licences are issued by the Council's Environmental Health Officers,
and are only granted where the authority is satisfied that
it would not be contrary to public interest on the grounds
of safety or nuisance. Licences are granted under the following
conditions:
Animals covered by the licensing system include:
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