Consultation on Dog Control Orders

Stage 1 consultation - results

Background

The current Dog (Fouling of Land) Act 1996 has been repealed and replaced by new regulations under the Clean Neighbourhoods and Environment Act 2005 (CNEA). This introduced the concept of Dog Control Orders to replace the current system of Byelaws and the Dogs (Fouling of Land) Act, 1996.

The new dog control orders offer a number of advantages/opportunities. They:

a. do not need to be approved the Secretary of State;
b. give a wider range of powers to Authorities to target specific issues;
c. can be instigated and enforced by Parish Councils to tackle specific local problems;
d. authorised officers of either the District Council or the Parish Council, together with Police Community Support Officers can issue fixed penalty notices to offenders, in lieu of prosecution. Parish Councils should be aware that designated enforcement officers must undertake specific training prior to the serving of fixed penalty notices.
e. Any funds raised from the issue of fixed penalties may be retained by the authority and used for supporting related areas or work.

There are 5 new types of offences that may be prescribed in a Dog Control Order:

a. failing to remove dog faeces;
b. not keeping a dog on a lead;
c. not putting, and keeping, a dog on a lead when directed to do so by an authorised officer;
d. permitting a dog to enter land from which dogs are excluded;
e. taking more than a specified number of dogs onto land.

The level of fixed penalties may be set by the Authority making the orders, within specified limits. WWDC has decided to set the level of fixed penalty at £80.

Land can be designated by generic description (e.g “any carriageway subject to a 40 mph limit or less”) or by description with or without reference to a plan or map (e.g. “that part of the town centre shown on the attached plan).

Current situation

Within the West Wiltshire District Council area the only extant local legislation is the West Wiltshire Dog Fouling Order, 1996 (as amended). This order designates land where it is an offence to fail to clear up after a dog has fouled. On conviction, an offender may be fined up to level 3 on the standard scale (currently £1000). As an alternative to prosecution, authorised officers can issue a fixed penalty of £50.

It appears that there are no existing byelaws controlling dogs.

Timetable

An initial consultation period ran from 22 September - 24 November 2006. A summary of responses from the consultation can be viewed by clicking the link below:

Dog control consultation - summary of responses  (PDF file - opens in new window)

February 2007 - Start of formal consultation and advertisement of draft Dog Control Orders

14 March 2007 - Report to Cabinet

11 April 2007- Report to Council and making of Orders

May 2007 - Statutory advertising of Orders

1 June 2007 - Coming into force of Dog Control Orders.

Principal Considerations

The statutory guidance issued by the Department for the Environment and Rural Affairs (DEFRA) stresses that in considering the making of Dog Control Orders Authorities should ensure that they are:

Necessary and Proportionate: a reasonable response to the problems caused by the activities of dogs and those in charge of them.

Balances the interests of those in charge of dogs against the interests of those affected by the activities of dogs in the West Wiltshire area.

Enforceable: failure properly to enforce could undermine the effect and credibility of the specific Control Order and the dog control regime generally. Considering enforceability should include both whether the proposed order could be practically enforced, for example, excluding dogs from an unenclosed area may be impractical, and whether the resources are available to enforce the proposed Order.

Consistent across the district as a whole. Whilst recognising that different areas may legitimately require different levels of control there should be consistency of wording across the district and consistent levels of control affecting similar parishes or towns.

Proposals

a. failing to remove dog faeces

It is proposed to introduce a comprehensive Dog Control Order based on the existing designation of land under the West Wiltshire Dog Fouling Order, 1996, supplemented by any similar land not currently covered by the designation.

b. not keeping a dog on a lead

It is not proposed to make use of this power.

c. not putting, and keeping, a dog on a lead when directed to do so by an authorised officer

This power is similar to b) above, except that it is only an offence if an authorised officer requests a person to put and to keep a dog on a lead. It is not proposed to make use of this power.

d. permitting a dog to enter land from which dogs are excluded

It is proposed to designate enclosed children’s play areas where a new Dog Control Order will apply.

e. taking more than a specified number of dogs onto land

It is not proposed to introduce a Dog Control Order that limits the maximum number of dogs that can be taken onto land by one person.