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dog warden hired by opw?

  • 08-02-2014 2:56pm
    #1
    Registered Users, Registered Users 2 Posts: 952 ✭✭✭


    The opw own the grounds where I walk my dog. They have hired a "dog warden" to check peoples licences and to fine for dogs not on the lead. If I am stopped am I obliged to show my dog licence and can they fine me? Asaik this person is not actually the kildare dog warden.


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  • Registered Users, Registered Users 2 Posts: 1,047 ✭✭✭are you serious


    The opw own the grounds where I walk my dog. They have hired a "dog warden" to check peoples licences and to fine for dogs not on the lead. If I am stopped am I obliged to show my dog licence and can they fine me? Asaik this person is not actually the kildare dog warden.

    This is the legislation in relation to the appointing of Dog Wardens


    15.—(1) Every local authority shall employ one or more persons to be dog wardens for the purposes of this Act and every person so employed shall be furnished with a certificate of his appointment and when exercising a power under this Act shall, if requested by any person thereby affected, produce such certificate for inspection by the person.

    (2) Every local authority shall establish and maintain one or more shelters for dogs seized, accepted or detained under any of the provisions of this Act and may, with the consent of the Minister, enter into arrangements with any person for the provision and maintenance of such shelters and for the exercise by such person of the functions of the local authority under this Act in respect of the acceptance, detention, disposal and destruction of stray and unwanted dogs.

    (3) Subject to the provisions of this Act, a local authority may enter into arrangements with any other local authority, or with the Irish Society for the Prevention of Cruelty to Animals, or, with the consent of the Minister, with a person connected with animal welfare, for the exercise of all or any of its functions, other than its functions under section 17 or section 30 of this Act, under this Act by, as the case may be, such other local authority, such Society or such person.

    (4) A local authority may assist any person providing homes or shelters for stray or unwanted dogs by helping that person in money or kind or by the provision of services or facilities (including the services of staff).

    http://www.irishstatutebook.ie/1986/en/act/pub/0032/sec0015.html#sec15


  • Posts: 0 [Deleted User]


    I do know of one park in Dublin in particular, dog wardens have been told to step up their game bordering to the point of harassment.
    This was down to complaints by local residents to do something. The Wardens will then shout at people from across the park, ask for a dog license, question the dog walker (lecture) and simply make it uncomfortable for them. Its all they can really do.


  • Moderators, Recreation & Hobbies Moderators Posts: 9,770 Mod ✭✭✭✭DBB


    Are these people park wardens, or dog wardens? If they're not appointed by the local authority, then they don't have the same powers as dog wardens do. My guess is that these people are employed to enforce the park rules for the OPW, not the dog control laws, as such. The park laws may be based on the dog control laws, but it's not the same thing! Whilst a park warden may be able to tell you to pick up after your dog, or put it on a lead, it is highly unlikely that they can seek official documentation (license) from you.
    Furthermore, the dog warden has no power to demand your dog license on the spot. You do have to give him enough information (name and address) so that they can ascertain you have a license from their records, but you don't actually have to carry your license on you, as you may do for other licensed activities.


  • Registered Users Posts: 211 ✭✭Woodpecker1


    Is a dog licence not simply a bit of paper to say you stumped up money to give to the post office and got nothing in return?


  • Closed Accounts Posts: 9,330 ✭✭✭Gran Hermano


    Sounds like a park warden on 'dog patrol' rather than an official dog warden.
    I'd check the particular by laws which should be available on signposts at park entrances in relation to rules relating to dog walking in the park.
    If these new 'dog wardens' are overstepping the mark and looking for additional details (such as licences) not required by law I would ignore them.


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  • Moderators, Recreation & Hobbies Moderators Posts: 9,770 Mod ✭✭✭✭DBB


    Is a dog licence not simply a bit of paper to say you stumped up money to give to the post office and got nothing in return?

    In fairness, the money goes into running the county pound in which the license was bought. It's a vital public service, no matter what way you look at it.


  • Closed Accounts Posts: 6,131 ✭✭✭subway


    you would have to find the OPW bye laws, i am only familiar with DCC
    http://www.dublincity.ie/RecreationandCulture/DublinCityParks/Documents/ParksBye-Laws2D.pdf
    d) “Employee or Agent of the Council” shall include every Superintendent,
    Supervising Official, Park Warden, Park Ranger and/or other person employed
    by and duly authorised by the Council
    Every person in charge of a dog in any park or open space shall prevent
    it from causing annoyance to any person using the park or open space or
    worrying in the park or open space
    It shall be lawful for any authorised person or member of An Garda Síochána
    to enforce these bye-laws and to exclude or remove from any part of any park
    or open space any person committing any breach of the above bye-laws and to
    take such other steps as authorised by law.
    (b) A person who contravenes a provision of these bye-laws shall be guilty of an
    offence and shall be liable on summary conviction to a fine not exceeding
    €1,200.

    http://www.dublincity.ie/RecreationandCulture/DublinCityParks/Pages/Policies.aspx
    MANGUARD Plus will provide a Park Warden Service in city parks outside the normal parks staffing hours only up until the parks close to the public.

    in dcc parks, manguard can ask you to leave or put him on his lead
    they can fine if you refuse and you can go to court if you dont pay the fine

    there is nothing in parks byelaws about license needed or in the dog license that a park warden can check for a license so it seems he might be overstepping by asking for that as there power is limited to park byelaws
    Where an authorised person or a member of An Garda Síochána is of the
    opinion with reasonable cause that a person is committing or has committed an
    offence under these bye-laws
    , the authorised person or the Garda, as the case
    may be, may demand the name and address of such person and if this demand
    is refused or the person gives a name or address which is false or misleading,
    the person shall be guilty of an offence.

    my understanding is that he needs to be the actual dog warden to request your name and address and production of a license (i guess within 10 days)
    the park warden can request your name and address only if you are breaking a park byelaw

    i am not a lawyer
    check with your local council or hire a solicitor for clarification :)


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