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Dog owners are being warned over the law surrounding their pet's barking as we head deeper into year.

If you own a dog or dogs you must ensure that the barking does not cause a Statutory Nuisance to others.

Naturally, if your dog just barks occasionally, then there's nothing to worry about.

But if it's continuous, you could be in big, big bother.

There are plenty of laws you need to be aware of if you're a dog owner.

Here we take a look at some of them, from the Liverpool Echo :

1) Keeping your dog or dogs under control

According to the Government's website, it's against the law to let a dog be dangerously out of control anywhere, such as in a public place; in a private place such as a neighbour’s house or garden; or in the owner’s home.

This applies to all dogs and the animal will be considered dangerously out of control if it injures someone or makes someone worried that it might injure them.

A court could also decide that your dog is dangerously out of control if it attacks someone’s animal or if the owner of an animal thinks they could be injured if they tried to stop your dog attacking their animal.

The website states that a farmer is allowed to kill your dog if it's worrying their livestock.

Penalties:

You can get an unlimited fine or be sent to prison for up to six months, or both, if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.

If you let your dog injure someone, you can be sent to prison for up to five years or fined, or both. If you deliberately use your dog to injure someone, you could be charged with "malicious wounding".

If you allow your dog to kill someone, you can be sent to prison for up to 14 years or get an unlimited fine, or both.

If you allow your dog to injure an assistance dog, such as a guide dog, you can be sent to prison for up to three years or fined, or both.

2) Being aware of Public Spaces Protection Orders

Some public areas in England and Wales are covered by Public Spaces Protection Orders (PSPOs). These were previously called Dog Control Orders. PSPOs only apply to public land.

In public areas with PSPOs, you may have to: keep your dog on a lead; put your dog on a lead if told to by a police officer, police community support officer or someone from the council; stop your dog going to certain places - like farmland or parts of a park; limit the number of dogs you have with you (this applies to professional dog walkers too); and clear up after your dog.

Local councils must let the public know where PSPOs are in place. So, for example, if dogs aren’t allowed in a park, there must be signs saying so.

If the council plans to put a new PSPO, it must put up a notice and publish it on its website. The notice must tell you where the new PSPO will apply.

Penalties:

If you ignore a PSPO, you can be fined:

£100 on the spot (a fixed penalty notice)

up to £1,000 if it goes to court

3) What you need to know about dog fouling

You can be given an on-the-spot fine if you don't clean up after your dog. The amount varies from council to council - it's often £50 and can be as much as £80.

If you refuse to pay the fine, you can be taken to court and fined up to £1,000.

Some councils have stricter rules on dog fouling.

They may make owners carry a poop scoop and disposable bag when they take their dogs out to a public place.

4) The rules on banned dogs

In the UK, it’s against the law to own certain types of dog. For a full list of these, visit the Government's website.

Whether your dog is a banned type depends on what it looks like, rather than its breed or name. So, for example, if your dog matches many of the characteristics of a Pit Bull Terrier, it may be a banned type.

If you have a banned dog, the police or local council dog warden can take it away and keep it, even if it isn’t acting dangerously or there hasn’t been a complaint.

The police may need permission from a court to do this. If your dog is in a public place, the police don’t need a warrant; if it is in a private place, the police must get a warrant; and, if it is in a private place and the police have a warrant for something else (like a drugs search), they can seize your dog.

A police or council dog expert will judge what type of dog you have and whether it is (or could be) a danger to the public. Your dog will then either be released or kept in kennels while the police (or council) apply to a court. You’re not allowed to visit your dog while you wait for the court decision.

You can give up ownership of your dog but you can’t be forced to. If you do, your dog could be destroyed without you even going to court.

In court, it's your responsibility to prove your dog is not a banned type. If you prove this, the court will order the dog to be returned to you. If you can't prove it (or you plead guilty), you'll be convicted of a crime. You can get an unlimited fine or be sent to prison for up to six months, or both, for having a banned dog against the law. Your dog will also be destroyed.

If your dog is banned but the court thinks it’s not a danger to the public, it may put it on the Index of Exempted Dogs (IED) and let you keep it. Click here to see more information about this.

5) The law on barking

If you own a dog or dogs you must ensure that the barking does not cause a Statutory Nuisance to others.

Naturally, if your dog just barks occasionally, then there's nothing to worry about.

But if it's continuous, you could be in big, big bother.

What is a Statutory Nuisance?

There is no set definition.

But case law has defined a Statutory Nuisance as a “material interference with the comfort and enjoyment of another’s home.”

What does this mean?

So, to be a Statutory Nuisance, the barking would have to be excessive and unreasonable in the circumstances and interfere significantly with how someone uses and enjoys their home.

Examples could be: barking for prolonged periods, frequent excessive barking and barking at unreasonable hours, ie early morning or late at night.

Is all barking a nuisance?

No.

The nature of dogs means that they will bark from time to time, for example to alert your attention to someone at the door or when playing but you must ensure that the barking is not occurring unreasonably.

There are many reasons why dogs bark excessively.

Many dog owners are genuinely unaware that their dog may be causing a disturbance and therefore speaking to your neighbours may be the quickest and most effective means of resolving matters.

Individuals may also take private action through the courts under the Environmental Protection Act 1990 regarding their concerns.

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What action could be taken under this Act?

If the Council is satisfied that the barking is causing a Statutory Nuisance, a notice can be served under this Act which can stop the activity occurring.

It can then take the council up to a month to determine whether a nuisance exists. A noise abatement notice will be served as soon as a nuisance is determined.

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