PERTH & KINROSS COUNCIL HOUSING & COMMUNITY CARE POLICY ON THE KEEPING OF PETS 1. AIM Perth & Kinross Council aims as part of the Estate Management Service to deal effectively with both requests for permission to keep pets and complaints about pets which are causing nuisance and annoyance. The Council s policy in terms of anti-social behaviour, neighbour nuisance and disputes is to uphold its residents and tenants rights to peaceful enjoyment of their homes and the local community by creating and maintaining the conditions in which this can happen. This is also central to the policy on pets. The Council will also promote the responsible ownership of pets and encourages dialogue with pet owners through its Dog Control and Welfare Officers, Area Teams and Community Wardens. Perth & Kinross Council is committed to ensuring that requests to keep pets and complaints about pets are dealt with efficiently and effectively, promoting equal opportunities and complying with the law. 2. OBJECTIVES The following service objectives have been set to ensure that the above aims are fulfilled. The Council will deal with pet issues by Allowing pets only if permission has been requested Introducing criteria for granting permission relating to the type and number of pets, the size and type of property and the tenant s ability to care for an animal Maintaining accurate records and a register on the type (and breed in the case of dogs) of pet for which permission has been granted. Each Area Team/Office will hold an animal register for their area which may be used to share information with other services e.g. Environment Services. The information held on the register will be obtained by Area Team staff at the time permission is requested Responding promptly to complaints, undertaking thorough investigations and ensuring accurate record keeping Working with other services and agencies such as Tayside Police, The Environment Service, SSPCA, PADS, Cats protection League, local Vets and Perth and Kinross Council Legal Services to tackle the causes and consequences of complaints about pets Ensuring that all the Council s legal responsibilities are met and good practice is incorporated into the delivery of the Estate Management Service in relation to pets Taking any necessary action against the perpetrators and pet owners who do not comply with the policy. The policy will focus on the welfare of animals, the needs of the service user and the community Maintaining clearly documented staff procedures that identify roles and responsibilities 1
Providing information in the tenants handbook and leaflets for the public on the Policy on the Keeping of Pets. Monitoring and reviewing the effect of the policy 3. DEFINITION OF A DOMESTIC PET The term domestic pet covers the following types of animal Dog Rodent (e.g. hamster, gerbil rat or mouse) Cat Small non-poisonous reptile (e.g. terrapin, tortoise) Fish Non- poisonous insect or amphibian (e.g. newt) Bird (caged) Rabbit 4. POLICY AND PROCEDURE ISSUES Number and type of Pets a) The normal standard will be no more that 1or 2 pets (depending on type, size etc.) Each request should be looked at individually taking into account the needs of the service user, size of property, surrounding area and species of pet. It is considered reasonable within reason to grant permission for several smaller pets E.g. fish, hamsters, gerbils etc. however cats and dogs should be limited to a maximum of two. In the case of fish it is not expected that tenants will ask for permission for one goldfish but see e) below. b) Requests for pets which would normally be housed externally such as rabbits, may be allowed depending on circumstances and the size of the hutch required in relation to garden ground c) Requests to erect a larger structure e.g. dog run, kennel, aviary or pigeon loft should be considered in relation to garden size and possible neighbour nuisance. The local officer should discuss such proposals with adjacent neighbours prior to consent being given. Any other structures within the garden area should be taken into consideration along with requirements regarding building warrants or planning permission (See also Grounds for refusal of a request 1.9). d) The keeping of pets on a balcony will not be permitted e) Permission must be requested for large fish tanks. The size and weight of the fish tank when full of water should be taken into consideration, especially where the tenant lives in flatted property. Housing staff should discuss requests to keep very large tanks or several smaller tanks with a structural engineer presently Andrew Smith, PKC, Planning and Transportation Services. (Tel; 01738 475854 or Email; AJSmith@pkc.gov.uk f) Ferrets will not be allowed unless required for employment purposes E.g. Gamekeeper g) Pets which are prohibited by the Dangerous Dogs Act 1991 (e.g. any dog of the type known as pit bull terrier, Japanese Tosa, any dog appearing to be bred for fighting or to have the characteristics of a type bred for that purpose namely (a) any dog of the type known as the Dogo Argentino; and (b) any dog of the type known as the Fila Braziliero will not be allowed. 2
h) Where permission is sought to keep an exotic pet (i.e. a pet that is not a native habitant or a non domestic in the UK) or a wild animal which requires a licence, advice will be taken from Tom Brydone, Environmental Health Manager, PKC, The Environment Service, (Tel; 01738 476457, Email; TJBrydone@pkc.gov.uk) in the first instance or local vets Tay Valley, Fair City and Cameron & Greig. i) The animal must not be an endangered or protected species or any species where to keep the animal would contravene any other legislation. j) Permission may be granted for birds of prey from national authorities or conservation trusts regarding such birds e.g. The Hawk Conservation Trust. In such cases where proof of permission is provided the Council will also grant permission. k) Tenants will not be permitted to keep pets where they have failed to keep a previous or existing pet under control. l) In all cases the tenant(s) ability to care for the pet(s) will be taken into consideration prior to permission being granted. House Types The suitability of a house or flat type will be assessed when considering whether or not to grant permission for a pet although permission will not be withheld unreasonably. Permission will be granted for most house types unless there is a ground for refusal. Restrictions, however are placed on purpose built sheltered housing and multi-storey flats due to the communal layout and lack of exclusive garden areas a) Sheltered Housing Complexes No dogs or cats will be allowed in a purpose built sheltered unit unless the tenants has a special need (e.g. guide dog, support dog, contributing to the wellbeing of the tenant) or they are a new tenant with an existing pet. In the latter instance permission will only be given if the tenant is able to care for the pet and once the pet dies permission will not be given to replace it. b) Converted Sheltered Properties Where garden ground exists permission will be allowed for a pet but the tenant s ability to care for the animal must also be considered c) Multi-Storey Flats No dogs or cats will be allowed in these blocks unless the tenant is new and has an existing pet, which must not be replaced on death. Guide dogs, and recognised support dogs will be allowed. 5. COUNCIL RESPONSIBILITIES a) The Council will visit applicants who are requesting permission to keep a pet where necessary. b) A written response will be provided within 28 days. c) Refusals will be provided in writing within 28 days of receipt of an application giving full reasons for the decision. 3
d) The Council will clearly establish and publicise The responsibility expected from Council tenants who have been granted permission to keep a pet The action which will be taken by the Council if these responsibilities are breached The use of dog bags and bins e) Protocols have been established which allow Housing & Community Care to call upon other Services and agencies for assistance in relation to pet issues however tenants should also be encouraged to try to find their own solution e.g. The Environment Service, PADS. The Dog Control and Welfare Officer from The Environment Service will attend joint visits with the local Housing Officer and provide assistance in helping to define dog nuisance if appropriate. This assistance can be provided at the start of the process. f) The Complainer must be kept advised and both parties may be offered assistance by the Perth & Kinross Community Mediation Service. g) All complaints should be categorised into routine or serious and will be thoroughly investigated and responded to within 1 or 5 working days depending on category. Serious complaints will include those where there is alleged aggression or physical violence involving a pet. h) Where complaints have been upheld a warning letter will be sent to the tenant i) At the end of a 14 day monitoring period if there is evidence of an improvement to the satisfaction of the Area Housing Manager, permission will continue but must be reviewed at the end of a further six week period. j) Where there is no improvement the tenant/resident is advised of a further 7 day monitoring period. If no improvement is evident during this stage, or if any improvement has not been maintained, then a letter will be sent to the tenant asking them to remove the pet within 28 days. k) Where no action has been taken at the end of this period the local officer and the Dog Control and Welfare Officer (If the pet is a dog) will liaise with the tenant to suggest possible alternative housing solutions for the pet e.g. PADS, Cat Protection League. l) If the pet is not removed within 28 days then a Notice of Proceedings for Recovery of Possession should be issued in accordance with the Housing (Scotland) Act 2001 and the matter referred to Legal Services. m) A similar procedure will be followed where complaints are received concerning the pets of owner-occupiers or private tenants. Where a situation is not resolved the case should be discussed with The Environment Service (Environmental Health Manager, Tom Brydone, Tel; 01738 476457, Email; TJBrydone@pkc.gov.uk). n) The nuisance may also be discussed with the Anti Social Behaviour Co-ordinator however an ASBO or Interim ASBO may not be appropriate in relation to animal or pet nuisance. Cases will be considered individually. 4
7. APPEALS PROCEDURE All tenants have the right of appeal against decisions made by the Council in connection with their tenancy. The appeals process in relation to decisions operates on the principle that appeals are considered by officers not previously involved in the tenant s claim. There are two stages to the appeals process First Stage Appeals against a decision involving the keeping of pets should be submitted to; The Estates Manager, Perth & Kinross Council Housing & Community Care, Pullar House, 35 Kinnoull Street, Perth, PH1 5GD. The date of receipt of the appeal will be recorded and a written response will be sent within 15 working days of the appeal being received. The Estates Manager will investigate the case and make a decision regarding the appeal. Second Stage Where a tenant is dissatisfied with the response from the Estates Manager he/she can refer the matter to the Head of Housing Operations who will consider the appeal and provide a written reply within 15 working days of the appeal being received. There is no further right of appeal. Redress Tenants having an appeal upheld through the appeals process will receive confirmation of this in writing. Corporate Complaints Procedure Perth & Kinross Council operates a Corporate Complaints Procedure. Corporate Complaint Forms are available at any Area Housing Office. Ombudsman Tenants have the right to refer their case to the Local Government Ombudsman if they are dissatisfied with the outcome of their appeal. Scottish Public Services Ombudsman 4 Melville Street, Edinburgh, EH3 7NS Tel 0870 011 5378 Fax 0870 011 5379 Email; enquiries@scottishombudsman.org.uk Website; scottishombudsman.org.uk 5
Annex 1 TENANT RESPONSIBILITIES a) Permission must be requested to keep any pet b) Permission is also required if the animal does not belong to the tenant but they are looking after someone else s pet on a regular basis. c) Dogs should be on a lead when walking close to road and footpath, and they must not be allowed to roam off a lead unless the responsible person is present. It is a legal requirement that dogs wear a dog collar with an identity tab. d) Tenants must ensure that pets do not cause annoyance e.g. Noise Smell Tenants should ensure that pet faeces are removed and disposed of in the appropriate manner. The Dog Fouling (Scotland) Act 2003 states that it is a criminal offence to allow a dog under your control to foul in any open or common area without immediately removing and disposing of the faeces in an appropriate manner. Fouling within garden areas or common parts including urinating in communal closes etc. It is an offence to allow a dog to foul any footpath or footway, a grass verge adjacent to a footpath or footway or a pedestrian precinct maintained by the Local Authority. Many of our parks are also designated no dog fouling areas and tenants should have regard to this Damage to property including house, garden, common areas, neighbour s property or any part of the neighbourhood Leaving pets on balconies or in closes e) It is the tenant s responsibility to ensure that they provide or adapt fencing or enclosures to restrain their pet. Cats are the exception here, however, as they have a right to roam. f) Tenants are also responsible for the behaviour of any visitors pets. g) Tenants should ensure that their pet is kept free of fleas and is generally well cared for. h) Pets should not cause danger to anyone visiting or carrying out work to a tenants home 6