Seizure of stray dogs - EPA 1990 s. 149
Officers must seize stray dogs, detain, notify owner. Owner has 7 clear days to claim and pay expenses. Dog may be sold, given away, or destroyed.
Every local authority shall appoint an officer (under whatever title the authority may determine) for the purpose of discharging the functions imposed or conferred by this section for dealing with stray dogs found in the area of the authority. The officer may delegate the discharge of his functions to another person but he shall remain responsible for securing that the functions are properly discharged. Where the officer has reason to believe that any dog found in a public place or on any other land or premises is a stray dog, he shall (if practicable) seize the dog and detain it, but, where he finds it on land or premises which is not a public place, only with the consent of the owner or occupier of the land or premises. Where any dog seized under this section wears a collar having inscribed thereon or attached thereto the address of any person, or the owner of the dog is known, the officer shall serve on the person whose address is given on the collar, or on the owner, a notice in writing stating that the dog has been seized and where it is being kept and stating that the dog will be liable to be disposed of if it is not claimed within seven clear days after the service of the notice and the amounts for which he would be liable under subsection (5) below are not paid. A person claiming to be the owner of a dog seized under this section shall not be entitled to have the dog returned to him unless he pays all the expenses incurred by reason of its detention and such further amount as is for the time being prescribed. Where any dog seized under this section has been detained for seven clear days after the seizure or, where a notice has been served under subsection (4) above, the service of the notice and the owner has not claimed the dog and paid the amounts due under subsection (5) above the officer may dispose of the dog— by selling it or giving it to a person who will, in his opinion, care properly for the dog; by selling it or giving it to an establishment for the reception of stray dogs; or by destroying it in a manner to cause as little pain as possible; but no dog seized under this section shall be sold or given for the purposes of vivisection. Where a dog is disposed of under subsection (6)(a) or (b) above to a person acting in good faith, the ownership of the dog shall be vested in the recipient. The officer shall keep a register containing the prescribed particulars of or relating to dogs seized under this section and the register shall be available, at all reasonable times, for inspection by the public free of charge. The officer shall cause any dog detained under this section to be properly fed and maintained. Notwithstanding anything in this section, the officer may cause a dog detained under this section to be destroyed before the expiration of the period mentioned in subsection (6) above where he is of the opinion that this should be done to avoid suffering. In this section— “ local authority ”, in relation to England . . ., means a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly in relation to Wales, means a county council or a county borough council and, in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; “ officer ” means an officer appointed under subsection (1) above; “ prescribed ” means prescribed in regulations made by the Secretary of State; and “ public place ” means— as respects England and Wales, any highway and any other place to which the public are entitled or permitted to have access; as respects Scotland, any road (within the meaning of the Roads (Scotland) Act 1984) and any other place to which the public are entitled or permitted to have access; and, for the purposes of section 160 below in its application to this section, the proper address of the owner of a dog which wears a collar includes the address given on the collar.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Every local authority must appoint an officer (often called a dog warden) to deal with stray dogs in their area. The officer can delegate tasks but remains responsible.
When the officer believes a dog in a public place (like a street or park) is a stray, they must seize it if practical. On private land, they need the owner's or occupier's consent. After seizure, the officer detains the dog and feeds it properly.
If the dog has a collar with an address or the owner is known, the officer sends a written notice. The owner then has 7 clear days to claim the dog and pay the detention expenses and any prescribed fee. If no one claims it, the officer may sell it, give it to a good home or a shelter, or destroy it humanely. The dog cannot be sold or given for vivisection.
The officer keeps a public register of seized dogs. If the dog is suffering, the officer may destroy it earlier to avoid pain.
When it applies
- A dog without a collar is found wandering on a public street; the dog warden seizes it and takes it to the kennels.
- A dog with a collar showing an address is found; the officer sends a notice to that address giving the owner 7 days to reclaim it.
- A dog is found on private land, such as someone's garden; the officer must ask the landowner's permission before seizing it.
- After 7 days, no one claims the dog; the officer sells it to a new owner who promises to care for it.
- A seized dog is injured and in pain; the officer decides to destroy it immediately to prevent further suffering.
What this section does not say
- This section does not cover the rules for dangerous dogs or dog control orders under other legislation.
- It does not cover the procedure for appealing a seizure or disposal decision; that is not stated here.
- It does not cover disputes between two people claiming ownership of the same dog; it only governs the officer's duties.
- It does not cover the licensing of dog breeders or pet shops.
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This page reproduces the text of EPA 1990 s. 149 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.