Dogs – MORAY FEU

Dog owners wishing to bring their dogs into the gardens must first have registered their dog with Whitelaw Wells and must comply with all relevant regulations for dog owners and abide by the Code of Conduct for Dog Owners (“the Code”) at all times.

Only dogs registered with Whitelaw Wells and wearing a collar and owner identification in accordance with the Control of Dogs Order 1992 / 901 Regulation with their specially issued tags and in the charge of the owner or appointee are permitted in the gardens. The owner or appointee must keep their dogs under effective control at all times, in accordance with the Control of Dogs (Scotland) Act 2010 and must abide by the Code of Conduct for Dog Owners.

A fee will be payable on registration of each dog. The dog owner will receive a numbered tag which can be worn permanently or attached to the dog’s collar immediately before it is brought into the gardens.

In addition to the initial registration fee an annual fee shall be payable each subsequent assessment year or part year thereafter, such annual fee to be paid by Direct Debit and will be collected along with the annual garden assessments.

Visiting dogs can be registered with the Secretaries on payment of a registration fee in exchange for which a numbered tag will be issued which must be worn on the dog’s collar before entering the gardens.

The Gardens Management Committee may require Dog Owners to keep their dogs on leads at certain times. Individual Dog Owners can be required to keep their dogs on a lead in the gardens and any use of the gardens by specific dogs may be restricted if the Dog Owner or their appointee(s) do not adhere to the Code of Conduct for Dog Owners.

DOGS

Well behaved dogs are welcome in the gardens provided they are accompanied by responsible and considerate owners who have first registered their dog with Whitelaw Wells and comply with all relevant regulations for dog owners and abide by the Code of Conduct for Dog Owners (“the Code”) at all times.

The Conduct of Dogs Order 1992 / 901

The Control of Dogs Order 1992 / 901 (“the Order”) requires the owner of a dog or the person in charge of a dog to ensure that it is wearing a collar with a tag, which provides the details of the owner, whenever it is in a public place. It is a criminal offence not to do so. Whilst privately owned, for the purposes of the Act our gardens are a “public place” for the purpose of the Order by virtue of the number of Feuars who access the gardens.

The Control of Dogs (Scotland) Act 2010 (“the Act”) https://www.mygov.scot/controlling-your-dog

The key purpose of the Act is to promote more responsible ownership of dogs and to ensure that dogs are kept under control. Under the Act a dog is deemed not to be under control if:-

It is not being kept under control effectively and consistently (by whatever means) by the owner of the dog or the person who is in charge of the dog; and
Its behaviour gives rise to alarm or apprehensiveness on the part of any individual and the individuals alarm or apprehensiveness is, in all the circumstances, reasonable. The apprehensiveness may be as to any or all – (a) the individuals own safety; (b) the safety of some other person; or (c) the safety of an animal other than the dog in question.

If a dog owner is observed to fail to control their dog in terms of the Act this should be reported to the Street Enforcement Officer at the City of Edinburgh Council (streetenforcement@edinburgh.gov.uk; Tel: 0131 529 3030) who will determine on the evidence presented whether to serve a Dog Control Notice on the owner of the dog which will specify the measures that the owner or anyone in charge of the dog will be required to take to keep their dog under control.

In addition to the legal obligations of dog owners pursuant to the Order and the Act, the following provisions require to be adhered to in our gardens.

Only dogs registered with Whitelaw Wells and wearing a collar and owner identification in accordance with the Order and their specially issued tags and in the charge of the owner or appointee are permitted in the gardens. The owner or appointee must abide by the Code of Conduct for Dog Owners.

An initial registration fee will be payable on registration. In addition to the initial fee an annual fee shall be payable each subsequent assessment year or part year thereafter. Such annual fee to be paid by Direct Debit and will be collected along with the annual garden assessments.

The Gardens Management Committee may require Dog Owners to keep their dogs on leads at certain times throughout the year. Individual Dog Owners may be required to keep their dogs on a lead in the gardens or the use of the gardens by specific dogs may be restricted if the Dog Owner or their appointee(s) do not adhere to the Code.

If a dog owner is observed to be not complying with the Code users of the gardens should, in the first instance, bring this to the attention of the dog owner or the person in charge of the dog. If the dog owner fails to address the breach a complaint may be addressed to the Dog Convenor, in which case the Dog Convenor will seek to address the issue in accordance with the Canine Dispute Resolution Procedure. For the avoidance of doubt, the Dog Convenor will only address breaches of the Code of Conduct but not breaches of the Order or the Act which should be properly addressed to the Dog Wardens at the City of Edinburgh Council.

Code of Conduct for Dog Owners

Only Dogs registered with Whitelaw Wells, wearing a collar and owner identification in accordance with the Control of Dogs Order 1992, together with their specially issued tags may be brought into the gardens.

Dogs may only be brought into the gardens in the charge of the dog owner or their appointee.

Dog owners must ensure that their appointees, such as household members, pet sitters, or dog walkers, are aware of and understand this Code and will comply with it.

Dog owners and their appointees must ensure that their dogs are kept under effective control, in line with the Control of Dogs (Scotland) Act 2010 (“the Act”).

Dogs should either be kept on a lead, or kept in sight at all times, with the owner or appointee aware of what it is doing and confident it will return promptly on command.

Dog owners and their appointees must ensure that their dog does not impede the enjoyment of the gardens for others. In particular, any dog, regardless of its breed, can cause apprehension, alarm, or even injury if it is not kept under control in accordance with the Act. This does not necessarily involve aggressive behaviour, but could involve running up to, approaching, barking at, or jumping at other people, children or other dogs. What may seem like playful, friendly behaviour to a dog owner can be alarming or cause annoyance to another.

Dog owners or their appointees must pick up faeces of their dogs immediately, in line with the Dog Fouling (Scotland) Act 2003. Bags and bins are provided for this purpose.

Dog owners must ensure that their dogs are fully inoculated and regularly wormed before they bring them into the gardens.

Dogs must be kept on a lead at all times in all gardens between the hours of sunset and sunrise. Those walking dogs at night must carry a torch to ensure that faeces can be located and picked up.

Dog owners and their appointees must ensure that their dogs do not enter shrubberies or flowerbeds and that they do not cause damage to the lawns.

Dog owners must abide by any restriction placed on their use of the gardens by the Gardens Management Committee from time to time.

Dog owners must respect the Dog Convenor and must abide by any directive made by the Dogs Convenor.

Canine Dispute Resolution Procedure

Complaints regarding breaches of the Order or the Act should be directed to the Street Enforcement Officer at the City of Edinburgh Council (streetenforcement@edinburgh.gov.uk; Tel: 0131 529 3030).

Complaints regarding any dog in breach of the Code should be addressed to the Dog Convenor c/o Whitelaw Wells or by e-mail (ghaleigh@gmail.com).

Complainant should make written submission to the Dog Convenor detailing incident (date, time, location and parties) for review by the Dog Convenor. If the Respondent is not identified at the time of the incident the Complainant should attempt to view and report the Dog Badge number, or otherwise provide information to enable identification of the Respondent.
Respondent is contacted by Dog Convenor to provide own written submission of the incident.
If Respondent’s and Complainant’s version are factually consistent and those facts establish that the Respondent has not adhered to the Code of Conduct for Dog Owners then an appropriate sanction will be applied to the Dog Owner. The Dog Owner and their appointee must adhere to the terms of the sanction when the dog is in any of the gardens.
If Respondent’s and Complainant’s version are not factually consistent then a mediation between the parties and the Dog Convenor may be arranged to achieve resolution.
If mediation does not result in agreement on the circumstances, then the Dog Convenor to determine the facts of the incident and if they determine a breach of the Code the Dog Convenor to decide on the appropriate sanction.
If aggrieved by the Dog Convenor determination then either party may appeal in writing to the Gardens Management Committee (“GMC”) with their written arguments and evidence. The Dog Convenor will submit their report to the GMC.
The decision by the GMC will be final and binding