13Perimeter fencing for dangerous dog guarding non‑residential premises

13 Perimeter fencing for dangerous dog guarding non‑residential premises

(1) For the purposes of section 38(2)(a) of the Act, the following requirements for perimeter fencing for a dangerous dog guarding non-residential premises are prescribed—

(a) the fence has a minimum height of 1×8 m;

(b) the fence is constructed of—

(i) brick, concrete, timber, iron or similar solid materials; or

(ii) mesh that complies with subregulation (2); or

(iii) any combination of those materials referred to in subparagraphs (i) and (ii);

(c) if the fencing contains gates, the gates are kept locked when the dog is guarding the premises;

(d) the fence is constructed and maintained in a manner which prevents the dog from being able to dig or otherwise escape under, over or through the fencing;

(e) if directed by an authorised officer under subregulation (3), the fence has an inward‑facing overhang of 0×7 m angled at 35 degrees to the horizontal plane.

(2) Mesh used in the construction of perimeter fencing under this regulation must be—

(a) chain mesh manufactured from minimum 3×15 mm diameter wire to form a uniform mesh with a maximum mesh spacing of 50 mm; or

(b) welded mesh manufactured from minimum 4 mm diameter wire with a maximum mesh spacing of 50 mm.

(3) An authorised officer may direct an owner of a non-residential premises where a dangerous dog is kept, to ensure that the perimeter fencing of the premises has an inward-facing overhang of 0×7 m angled at 35 degrees to the horizontal plane, if the officer reasonably believes that the dog has previously escaped over the perimeter of the property.