West Lothian Council delivers

Dog warden service

 

The Dog Warden aims to ensure that West Lothian remains free from stray dogs and the hazards that they may present. 

The council collects stray dogs and promotes responsible dog ownership through its dog warden service.

If you are concerned a dog might be stray, simply call the dog warden on the number given in the contact details.   You'll be asked to leave your name, address, telephone number and details of the dog and where you spotted it.

Stray dogs can also be taken to the local police station.  The police have a statutory duty to accept strays.

Main Topics

• DOG BARKING
• DOG STRAYING
• DOG FOULING - Toxocara

Other information

· DANGEROUS DOGS - ATTACKS ON LIVESTOCK
· PUPPY ADVICE
· KEEPING DOG UNDER CONTROL
· BONFIRE NIGHT

DOG BARKING COMPLAINTS

West Lothian residents who are upset by noise caused by continual barking of a neighbour's dog(s), either inside or outside their homes, have the right to take action in an attempt to resolve the problem.  Please remember that semi-detached houses, terraced properties and flats are seldom designed to be totally sound proof.  You will then from time to time be able to hear your neighbour's dog(s) barking.  It is normal and natural for dogs to bark and you cannot expect any neighbour's dog to be silent.

If the noise is so loud, frequent and prolonged as to interfere with your normal activities as an occupier, dog owners can have a problem.  There are many reasons why dogs might bark and it is important to understand these when trying to resolve the problem.

We always recommend that you raise the problem with your neighbour in normal conversation.  Explain how the barking affects you and ask your neighbour if he / she would try to solve the problem. Often neighbours will not realise that their dog causes others distress.  This way, it can be sorted out without the dog owner feeling they have been reported to the authorities.

We recognise that this is not always possible, because the dog owner cannot be approached directly.  We recommend that you put your complaint in writing to your neighbour, in polite terms, again pointing out that the barking is causing annoyance and requesting that he / she takes action to solve the problem.  You should allow adequate time for your neighbour to consider your request and take action to comply with your request.  Allow at least two weeks. Copies of correspondence should be kept for future reference.

A detailed written record of dates and time of the noise disturbance should be kept from the outset.  This should be entered into the diary that you can download as a PDF document at the bottom of this page.  You should complete all the sections of the diary, as this will give a clear picture as to the frequency and duration of the barking.

Formal action

Local Authorities have powers under the Environmental Protection Act 1990 to take action against statutory noise nuisance. It is important to understand that:

• not all noises that cause annoyance will constitute a statutory nuisance;
• some types of noise are not covered by the Act; and
• in deciding whether statutory nuisance exists, the nature, volume, frequency of occurrence and how often and when the noise occurs all need to be taken into account. (Occasional or sporadic barking is unlikely to be a statutory nuisance).

Private individuals can:

• use the Environmental Protection Act 1990, or
• take a private action under the Civic Government (Scotland) Act 1982. (Details are given later).

What we will need to know?

• Your name and address and contact telephone number or email address (your details will not be given to the person complained about without your permission).  Although we will record the complaint, we will not usually deal with complaints where the complainant will not give us these details.  You should also be aware that if the complaint is either dealt with by formal Notice or it ends in court action, it is likely the offender will know who you are.
• The address where noise is coming from. (Names and contact phone numbers are very helpful to us if they are available).
• When and for how long noise occurs: This should be from a diary that has been kept for a minimum of one week.
• The way the noise affects you.
• Anything you have done to try and deal with the problem (e.g. talking to the person who's dog is causing the annoyance)

How will we deal with it?

The investigating officer will contact you to discuss the complaint. The dog owner will then be visited to be advised of the complaint.  Training advice will be offered.  This is to help deal with the behaviour of the dog, which is often at the bottom of barking problems. You will then be contacted after two weeks to see if an improvement has been made. If improvement made, and barking is acceptably reduced the complaint will be closed. If no improvement is made, you will be asked to produce the diary sheets containing accurate times of the dog barking.  The investigating officer will then make visits at the times in the diary in an attempt to witness the dog barking. Usually 3 visits will be made when the noise is liable to be evident to check whether or not nuisance is being created.

If the investigating officer is satisfied that a nuisance exists, attempts will be made to resolve the complaint informally - if this is not successful a statutory notice can be served on the person(s) causing the problem. Where work is required to meet the terms of a notice, a period of time will be allowed for the work to be done. Failure to comply with a notice after this time becomes a criminal offence and the person responsible can be prosecuted.

In some cases the investigating officer may be sympathetic to the effect the noise is having on you but cannot take the matter forward as a statutory nuisance and formal action would not be appropriate. In these cases you can take your own action through the courts.  See below:

Private action under the Civic Government (Scotland) Act 1982.

An individual, but not a local authority, can consider taking formal action under the Civic Government (Scotland) Act 1982.  The relevant section of the Act is Section 49 of which Subsections (2) and (3) state:-

 2. A District Court may, if satisfied that any creature kept in the vicinity of any place where a person resides is giving that person, while in that place, reasonable cause for annoyance, make an Order requiring that person keeping the creature to take, within such period as may be specified in the Order, such steps (short of destruction of the creature) to prevent the continuance of the annoyance as may be so specified.
 3. An Application to a District Court for an order under subsection (2) above may be made by any person.

You must appear in Court on that day with any witness you may have.  It will be up to you to convince the Court that what you say is true.  Alternatively, you may employ the services of a solicitor to undertake this on your behalf.

Not prepared to go to court?

If you are not prepared to go to court, the council cannot act upon the complaint.  This is because for the complaint to proceed a complainant / witness is required.  Without a complainant no further action can be taken.

ADVICE FOR DOG OWNERS WITH DOG BARKING PROBLEM

What causes barking?

• Insecurity
• Being left alone too long 
• Loneliness
• Bored or Frustration
• Attention Seeking
• Area being kept in too small
• Defending territory
• Medical Problems

Training

It is important from a young age to train your dog so that it does not bark at everything that moves.  A well-trained dog should be able to tell the difference between people allowed into houses and people who are intruders.  Good training combined with affection and companionship should mean that your dog will not develop bad habits.  Good tips are:

• Socialise your dog from a young age.  This allows them to develop confidence to face different situations and not to be territorial.
• Some dogs don't want to be left "home alone".  Go out for short periods so that your dog can gradually get used to being away from you.
• If your dog is very upset at being left, even for a short time, you can start by putting him in another room for a few minutes at a time. Do not return to him until he is quiet.  When you return praise him for being good.
• Don't make a big fuss when you leave the dog as this will worry it and draw attention to the fact you are leaving.
• Dogs left all day in the garden often bark at the things they can see passing, such as cats and people.  If you must leave the dog outside make sure he cannot see things beyond his enclosure that make may him bark.
• Leave the radio or television on, so the dog can hear voices while you are away.
• Record your own voice and leave playing while you are out.
• Ensure your dog has a comfortable bed where he can feel safe.  Give your dog an old item of your clothing to sleep on.  Make sure it has been worn and has your scent on it.
• Special toys are available from most pet shops, which you can stuff with food or treats to keep your dog occupied while you are away.
• Make sure he is fed and exercised before you leave him.  Always leave plenty of fresh water.
• Introduce your dog to people he might otherwise think of as intruders such as postman and neighbours.
• Have dog checked over by vet to rule out any medical problems.
• Getting a second dog for company may help or it may make the problem worse i.e. two dogs barking.  Think through whether there is enough space for two dogs and if you can afford the money and time required.
• If your dog barks at the same time every day, like when people in the house are going to work or school, try to keep it busy at that time. For example take the dog for a walk.
• Try to keep your dog calm.  If it barks when it's excited, don't play with it at any anti-social times like very late at night.
• See if you can get a friend or relative to look after your dog when you go out, or take it with you.
• If nothing seems to be working seek advice from a professional animal behaviourist.

Do not blame the dog - you need to change your lifestyle / routine to solve problem.

DOG STRAYING

Stray dogs are a problem. Apart from the distress on the animal itself, stray dogs can cause accidents, and injury to themselves and others.  Strays are often involved in worrying livestock as well as adding to the dog-fouling problem.

The law defines a stray as a dog which is in a public place and not under the charge of a keeper.  An authorised officer has the right to uplift any animal he suspects is a stray under the Environmental Protection Act 1990.

What should you do if you find a stray dog?

If you see a stray dog you should contact the Dog Warden at Environmental Health. (Monday - Friday 8am to 4pm). Outwith these hours contact your local police station (new window).  Please note that occasionally due to holidays' leave or other work, a Dog Warden may not be available, in which case you should contact Lothian and Borders Police.

If you feel comfortable and the dog is friendly try putting the dog into a secure area this will prevent the dog causing or being involved in a road accident until the officer arrives to collect the dog.  Never risk being bitten.

The Edinburgh Dog & Cat Home holds strays picked up by the Dog Warden or the police in West Lothian.  They can be contacted at:

Edinburgh Dog and Cat Home
26 Seafield Rd East
Edinburgh
Midlothian
EH15 1EH

Tel: 0131 669 5331
 
By law, stray dogs which have been taken to the kennels may be reclaimed by their owners within 7 days.  After this time the dog becomes the property of the Edinburgh Dog and Cat Home.  The charge for allowing your dog to stray is £25 plus £5.60 per day kennelling.

In order to prevent fraudulent claims dogs will only be handed over to owners with proof of identification such as drivers license, passport or credit card.

You can purchase stray dogs from the dog and cat home - these are dogs which have not been claimed by their owners within the 7 days. 

I have lost my dog, how can I find it?

Contact the Dog Warden on 01506 775 400 to see if your dog has been uplifted.  We will record the details of the dog in case the Dog Wardens come across the dog.  This will allow the dog to be reunited quicker.

Contact the local police station and report your lost dog to them, as police officers can also uplift stray dogs.

Contact Edinburgh Dog and Cat Home. All dogs uplifted in West Lothian go there so by registering your details they too can contact you if your dog appears there.

DOG FOULING

The problem of dog fouling is not only a nuisance but also a potential danger and health hazard.

On 22 October 2003 the Dog Fouling (Scotland) Act came into force. West Lothian Council advises all dog owners that it is an offence for any person who is in charge of a dog not to immediately remove, and dispose of appropriately, any excrement, if the animal defecates in any public place without reasonable excuse or the consent of the landowner.  This includes pavements, footpaths, roads, parks, recreational pitches, cycle ways, communal land, back greens, stairs, closes and any open land that the public has access to.  Excrement should be picked up and disposed of in a responsible manner by either depositing it in the nearest dog waste bin, litterbin or in your domestic waste at home.

Offenders may be liable to receive a Fixed Penalty of £40, rising to £60 if not paid within 28 days.  Authorised Officers of West Lothian Council and Police Officers will issue these Penalties. Offenders can also be reported to the Procurator Fiscal and may be fined up to £500 if convicted.  It will also be a criminal offence not to provide your name and address if you are suspected as having committed an offence.  Not doing so may result in a £500 fine or conviction.

We recognise that the majority of dog owners already clean up after their dogs.  It is the aim of the law to empower local authorities to deal with the antisocial behaviour of the minority of dog owners who do not.

What can I use to clean up my dog?s foul?

You can buy poop scoop bags from most pet shops however old carrier bags are also as effective and are free.

As a responsible dog owner, you can prevent the problem of dog fouling in public places by considering the following points.

• If you have a garden, teach your dog to "go" there before you leave your home.
• Always carry the poop scoop bags or a carrier bag to clean up after your dog.
• Never let your dog out alone.

What can I do about dogs fouling in my street?

If you know the address of the dog owners allowing their dogs to foul without clearing up after them, call the Dog Warden on 01506 775400 to report them.  The owners of these dogs will be visited with appropriate action being taken against them, where it can be proved.  This information will be shared with the Environmental Wardens.  The Dog Warden and Environmental Wardens can also patrol the area to watch for people allowing their dogs to foul and issue fixed penalty notices as necessary.

TOXOCARA

What is toxocara?

Toxocara is a zoonotic (animal to human) infection caused by the parasitic roundworms commonly found in the intestine of dogs (Toxocara canis) and cats (T. cati).

What are the symptoms of toxocara?

There are two major forms of toxocara:

1. Ocular larva migrans (OLM):Toxocara infections can cause OLM, an eye disease that can cause blindness. OLM occurs when a microscopic worm enters the eye; it may cause inflammation and formation of a scar on the retina. Toxocara can cause permanent or partial loss of vision.
2. Visceral larva migrans (VLM): Heavier, or repeated toxocara infections, while rare, can cause VLM, a disease that causes swelling of the body's organs or central nervous system. Symptoms of VLM, which are caused by the movement of the worms through the body, include fever, coughing, asthma, or pneumonia.

How serious is infection with toxocara?

In most cases, toxocara infections are not serious, and many people, especially adults infected by a small number of larvae (immature worms), may not notice any symptoms.  The most severe cases are rare, but are more likely to occur in young children, who often play in dirt, or eat dirt (pica) contaminated by dog or cat stool.

How is toxocara spread?

The most common toxocara parasite of concern to humans is T. canis, which puppies usually contract from the mother before birth or from her milk.  The larvae mature rapidly in the puppy's intestines; when the pup is 3 or 4 weeks old, they begin to produce large numbers of eggs that contaminate the environment through the animal?s stool. The eggs soon develop into infective larvae.

How can I get toxocara?

You or your children can become infected after accidentally ingesting (swallowing) infective toxocara eggs in soil or other contaminated surfaces.

What should I do if I think I have toxocara?

Seek advice from your doctor.

What is the treatment for toxocara?

VLM is treated with antiparasitic drugs, usually in combination with anti-inflammatory medications. Treatment of OLM is more difficult and usually consists of measures to prevent progressive damage to the eye.

How can you prevent toxocara?

• Treat your dogs and cats, especially young animals, regularly for worms.
• Wash your hands well with soap and water after playing with your pets and after outdoor activities, especially before you eat.  Teach children to always wash their hands after playing with dogs and cats and after playing outdoors.
• Do not allow children to play in areas that are soiled with pet or other animal stool.
• Clean your pet's living area daily to prevent build up of faeces.

How often should I worm my dog/puppy?

It is important to worm pregnant or nursing bitches and especially young puppies, which are more likely to be handled by young children.  Adult dogs should be wormed every three months to prevent infection.  Puppies should be wormed from the age of two weeks, every two weeks, until the age of 12 weeks.

DANGEROUS DOGS ? ATTACKS ON LIVESTOCK

Most dog owners are very responsible.  They look after their dogs and make sure both the dog and members of the public are safe.  Some people choose to keep breeds which were originally bred as fighting dogs.  At the moment four breeds are banned in this country.

• Dogo Argentino
• Fila Braziliero
• Japanese Tosa
• Pit Bull Terrier

Although these dogs are now banned, there were some in this country before the ban came into force.  These dogs should have been registered on the index of exempted dogs when the ban started.  All of these breeds must wear a muzzle and be kept on a lead whenever they are in a public place.  They must also be microchipped, tattooed with their index number, neutered, and insured against hurting other dogs or people.  The police deal with any matters related to Dangerous Dogs. 

If you have been bitten or attacked by any breed of dog or have been subject to aggressive behaviour by a dog in a public place, this should be reported to the police with as much information about the dog and its owner as possible.

LIVESTOCK AND DOGS

Under the Animals (Scotland) Act 1987, a farmer, in some cases has the right to shoot your dog if it is worrying their livestock.

Sheep worrying is one of the most notorious crimes that a pet dog can commit.  Sheep worrying and its serious consequences will leave any dog owner numb.  Could your dog, gentle and loyal, be capable of such cruel and vicious attacks?  Yes.  Regardless of size, breed or temperament.  ALL dogs pose a potential danger to livestock.  Regrettably it is part of a dog?s genetic make up to chase moving creatures, making all manner of things indiscriminate targets of a chase.

What happens to the dog that has worried sheep?

The law states:

• Where a dog has attacked or killed livestock the court shall make an order directing the dog to be destroyed.
• Where it appears to a court that a dog has chased livestock in such a way as might reasonably have been expected to cause injury or suffering to the livestock or to result in financial loss to the owner of the livestock the court shall:

1. Make an order directing the dog to be destroyed; or
2. Make an order directing the dog to be kept confined in a building, shed, yard or other enclosure from which it cannot escape.

Country Code of Practice

• When near livestock, hens, horses, sheep, cattle, ensure your dog is always on a lead or tied up.
• Never leave your dog unattended - as it only takes a matter of seconds for a dog to run after livestock.
• Familiarise your dog to livestock before visiting rural, animal-populated areas.
• Train puppies at a young age (before 12 weeks of age) and allow them to socialise with other animal species to reduce the fascination and the tendency to chase later in life.  Training in the six commands of basic obedience - stay, come, sit, heel, wait and down - will give you confidence that you will be able to control your dog.
• Reward your dog with a pat on the head or a special treat when he reacts mutely to livestock.  Eventually the dog will recognise the link between the treat and good behaviour.
• Remain relaxed when your dog becomes excited around livestock; otherwise the dog will recognise it as an attention seeking technique.

NEW PUPPY ADVICE

Choice of breed

It is important to see both parents of your new puppy.   This will give you a rough idea of the eventual size of the dog. It is important to assess at this point if it is socialising well with its littermates.

Things to consider

• Size of home and garden.
• The amount of exercise needed.
• Who will be responsible to looking after it during the day or during holidays.
• Food.
• Grooming.
• Equipment - leads, collar with tag, bowls, bedding, toys, brush etc.
• Vet - vaccinations, worming, flea treatment, insurance, micro chipping etc.

Taking your puppy home

• When you take your puppy home he will need lots of rest, but do not leave him unattended for long periods of time.
• Give your puppy a name and call him by it regularly, give rewards when he responds to his name.
• Place your puppy's bed away from draughts and encourage it to use it whenever resting.
• Seek advise from pet shop or vet on feeding arrangements.  Puppies need fed more often than adult dogs.
• Begin house training. Each time your puppy wakes up, after meals and at bedtime, take your puppy to a quiet corner of the garden.  Wait with him and praise him when he has finished.  It is best to place newspapers indoors by the door at the beginning in case of accidents.
• You must groom your dog regularly. Start this at a young age so the dog becomes used to it.
• Your puppy should be taken to the vet for inoculations and speak with your vet regarding worming and flea control.
• Your dog will require daily exercise.  Be prepared to clean up after your dog while out walks.
• Your dog must wear a collar and tag when in public.
• Provide your puppy with toys to play with.

KEEPING DOGS UNDER CONTROL

Control of Dogs Order 1992. The law says that dogs must be kept under close control, but does not state dog must be kept on lead.  If your dog responds to your commands and is kept close to heel, he can lie down or return to you on command, your dog would then be under close control.  If you?re not sure that your dog can do this the responsible thing is to keep them on a short lead.
Your dog must wear a collar with tag while in a public place.

BONFIRE NIGHT

Consideration must be given to pets on and around Guy Fawkes Night.  Special care needs to be taken to ensure that your pets are protected from the stress and anxiety that is caused by fireworks.  The Dog Wardens receive an increase in lost dog complaints during this time each year with family pets found miles from their homes.

The message is to enjoy festivities, but make sure your pets do too.  Simple precautions can be taken to ensure that every member of your family has a safe and enjoyable time.

• Keep your pets indoors when fireworks are around.
• Close the curtains and turn on the radio or try to help drown out the noise.
• If you have a very nervous dog speak to your vet, he may be able to prescribe a sedative to help it relax.
• Ensure your dog is wearing appropriate identification to allow prompt return to its home, should it be found by a member of the public or dog warden.