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Dog Control Orders
The Clean Neighbourhoods and Environment Act 2005 is new legislation that replaces the current Dogs (Fouling of Land) Act 1996 and dog byelaws with a new system of 'Dog Control' Orders. South Northamptonshire Council will be adopting these orders from 1st April 2009 and a summary of these orders are:
Failing to remove dog faeces
This offence applies when someone responsible for a dog fails to pick up and dispose of faeces in an area in respect of which a Fouling of Land by Dogs Order applies. This applies to any land which is open to the air (on at least one side) that the public are entitled to have access to within the district.
Not keeping a dog on a lead
This offence applies when someone responsible for a dog fails to ensure that it is on a lead in an area in respect of which a Dogs on Lead Order applies. This applies to the following within the district:
- Allotments
- Car parks to which the public have access
- Sports grounds, fields and pitches, when in use for authorised sporting activities
- Cemeteries/churchyards and burial grounds
Areas from which dogs are excluded
This offence applies when someone responsible for a dog takes it onto a piece of land from which dogs have been banned under a Dogs Exclusion Order. This applies to the following within the district:
- Fenced/enclosed children's play areas
- Fenced/enclosed games areas
- Bowling greens
- Fenced/enclosed facilities
Not putting, and keeping, a dog on a lead when directed to do so by an authorised officer
This offence applies when someone responsible for a dog fails to put and keep it on a lead when instructed by a person authorised by the Council in an area to which a Dogs on Leads by Direction Order applies. This applies to any land which is open to the air (on at least one side) that the public are entitled to have access to within the district
Penalties and enforcement
The Clean Neighbourhoods and Environment Act 2005 gives authorised officers to the coucil the power to issue fixed penalty notices for offences against Dog Control Orders.
In a magistrates' court, the penalty for committing an offence under a Dog Control Order is a maximum fine of £1,000. Alternatively, the alleged offender may be offered the opportunity to pay a fixed penalty as an alternative to prosecution. In South Northamptonshire the Fixed Penalty Notice is £75.00.
Frequently asked Questions
What is a Dog Control Order?
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A dog control order is a new piece of legislation that came into force in 2006 under the Clean Neighbourhoods and Environment Act 2005. This law was brought in to deal with low-level 'Enviro-crime' and nuisance such as littering, graffiti and dog fouling. The Control Orders will replace the Dogs (Fouling of Land) Act 1996 and the current system of byelaws.
We already have legislation regarding dog fouling, dogs on leads etc - Why do we need Dog Control Orders?
The Introduction of Dog Control Orders provides an opportunity to consolidate the many different byelaws as well as the current fouling legislation. This will make compliance of the law easier for dog owners as well as only one department for the public to contact. They also would allow the Council to enforce contraventions by way of fixed penalty notices; only using court prosecutions as a last resort.
In previous years dog control has been through the use of Byelaws and by the Dogs (Fouling of Land) Act 1996.These Byelaws had to be approved by the Secretary of State. The Secretary of State approved various sets of Byelaws over time. The Dogs (Fouling of Land) Act 1996 allows us to issue Fixed Penalty Notices but is limited in its scope as to the areas to which it applies. The Government is seeking to streamline and simplify these legal controls and are allowing (under the new Clean Neighbourhoods and Environment Act 2005) Councils to decide for themselves where and how dogs should be controlled by making dog control orders.
These new powers came into force in April 2005, why have you not acted before now?
The Clean Neighbourhood and Environment Act 2005 gave Councils new powers to deal with the control of dogs and other environmental issues such as fly posting, graffiti and fly-tipping by way of fixed penalty notices. We have been gradually developing our policies regarding our approach to this new way of working before considering making dog control orders. The Dogs (Fouling of Land) Act 1996 already covers dog fouling (with some restrictions) so we have had less reason to rush into implementing the new legislation. We waited until some other authorities looked at dog control orders to see what problems they met.
What are the dog control orders?
1) failing to remove dog faeces
2) not keeping a dog on a lead
3) not putting, and keeping, a dog on a lead when directed to do so by an authorised officer
4) permitting a dog to enter land from which dogs are excluded
5) taking more than a specified number of dogs onto land
Why change the existing arrangements?
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The Dogs (Fouling of Land) Act 1996 has some limitations as discussed in other questions. It also does not cover fouling in certain areas, allow local authorities to ban dogs from certain areas or have areas where dogs must be kept on a lead. If a dog control order is made, then the Council can determine fine levels, and the most appropriate control measures for different areas. Owning a dog can bring great happiness but also places a life long responsibility on the owner to ensure that the dog is not hazard, a health risk, or a nuisance to other members of our society. Unfortunately too many owners do not take a responsible attitude towards dog ownership and as a result the council receives a very high number of complaints a year covering a range of issues such as noise nuisance from barking, uncollected dog faeces, and uncontrolled dogs terrorizing young children.
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Can the existing Byelaws and the Dogs Fouling of Land Act provisions be enforced after implementation of a dog control order?
This is not straightforward, in general the answer is no. The Dog (Fouling of Land) Act 1996 states that Byelaws made under legislation before this Act were to be repealed (cancelled) in August 2006. But the Clean Neighbourhood and Environment Act 2005 will repeal this Act when dog control orders are implemented.
Can Parish or Town Councils make their own Orders?
Yes, but Parish and Town Councils are described in the Act as secondary authorities (South Northamptonshire Council is a primary authority). This power enables Parish and Town Councils to make Dog Control Orders in respect of different offences on land, which is already subject to the proposed Order, or to different land.It is important that Parish Councils will need to consider how they propose to enforce any Dog Control Orders that they wish to make. In order to avoid potential conflicts, the legislation requires Parish and Town Councils to consult with the District Council.
What are Fixed Penalty Notices?
Fixed Penalty Notices may be issued when a suitably authorised enforcing officer believes that an offence has been committed and it is appropriate. Fixed penalties can provide enforcement agencies with an effective and visible way of responding to low-level environmental crimes, and the Government wishes to encourage their use by local authorities and other agencies. Experience has shown that the public generally welcome the use of fixed penalties, provided that they are issued sensibly, enforced even-handedly and are as a response to genuine problems. Funds from fixed penalty receipts must be used to support the enforcement area that generated them. The payment would be £75. Failure to pay the fixed penalty notice within 14 days may result in legal action being taken against the alleged offender. This action will be taken in the magistrate’s court with a maximum fine of £1000. The actual fine level and awarding of legal costs is at the discretion of the magistrates.
What do the Orders mean?
The orders will only affect people who give dog owners a bad name as they underline what most sensible, responsible dog owners do already. They will enable the council to enforce the laws more efficiently with the use of methods such as fixed penalty notices as well as having the option to prosecute through the courts.
Will the Order apply to Forestry Commission land?
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No, the Act excludes Forestry Commission land from being covered by dog control orders.
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What does open land mean?
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The expression "open land" seeks to cover land where people exercise and roam, which is not necessarily owned by local authorities for example common land. It is not intended to include private land.
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Will the Order apply to public rights of way?
Dogs will not be prohibited from public rights of way however there may be a requirement to keep dogs on leads on public footpaths in certain areas for example sports pitches.
Will signs be erected by South Northamptonshire Council?
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Yes, signs are specified in the legislation.
Will more dog waste bins be provided?
Dogs Waste bins are considered and provided by Parish Councils. At present it is possible to use:
- existing dog waste bins;
- any litter bin provided the dog faeces is wrapped in an appropriate bag;
- the dog owner's own domestic waste bin as long as the dog faeces is wrapped in an appropriate bag.
Who will enforce the Order?
It is likely that no additional staff will be employed. The great advantage of making a dog control order is that enforcement should be much easier, by serving fixed penalty notices to the small minority of dog owners who ignore the existing laws. We are not an authority which aims to issue large numbers of fixed penalty notice. Our preferred and current approach is to encourage responsible behaviour and to issue Fixed Penalty Notices where this guidance is not adhered to.
Is anyone exempt from picking up?
Anyone who is registered as a blind person or has a registered disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, and has a dog trained by a prescribed charity and upon which he relies for assistance.
There isn’t a dog bin in the area, do I still have to pick up?
Yes! If a dog bin is not available, litterbins are an acceptable way to dispose of dog waste. If you use a litterbin please ensure it is double wrapped. If neither is available it must be taken home and disposed of there.
I didn’t see it happen!
As with current fouling legislation, being unaware of the offence is not an excuse.
Its not my dog/I don’t have a bag on me!
If you are the person in control of the dog at that time then you are legally responsible for it. Not having a bag to pick up the faeces is also not an excuse; you should always take a bag out with you.
There’s a problem with fouling in my area, who do I report it to?
You can contact the Council on 0845 230 0226.
Is anyone exempt from keeping dogs on leads order?
Yes – dogs trained by a prescribed charity upon which the owner relies on for assistance.
The order also states that it does not apply if the owner/handler has a “reasonable excuse”. This would be at the discretion of the officer but would usually be acceptable if the dog was being used for working purposes such as:
a) A pack of organised hounds involved in a legal hunt;
b) Dogs being used for sporting purposes, e.g. flushing game for lawful shooting;
c) Dogs being used for the capture or destruction of vermin with the permission or agreement of the land owner;
d) Dogs while being used for the driving or tending cattle, sheep or other animals;
e) Dogs while being used on official duties by a member of Her Majesty’s Armed Forces or Her Majesty’s Revenue and Customs or the police force for any area;
f) Dogs while being used in emergency rescue work.
I use an extendable lead, is this acceptable?
There are no plans to regulate the type or length of lead required but we do recommend that the lead type, design and strength is sufficient to have the ability to keep your dog under control if needed.
My dog needs off lead exercise, where can I go?
There are many open spaces within the district as well as the surrounding countryside. Please be mindful of livestock when walking in the countryside.
Why not keep dogs on leads everywhere in the district?
It is important for most dogs’ physical and mental well being to have off lead exercise. Many dogs require vigorous exercise that would not be possible on lead and this could therefore compromise their health and behaviour. Owners/handlers must still keep control of their dogs even when off lead. Any complaints of dogs acting dangerously out of control should be passed as soon as possible to the police (non-emergency call 08453 700700).
Documents available for downloading
Control Order Fouling on Land
Control Order Dogs On Leads
Control Order Dogs Exclusion
Control Order Dogs On Leads By Direction