Accessibility

Online services

Contact

Mail :
Animal Health Team
Dept. of Development
Plymouth City Council
Plymouth PL1 2AA
Phone :
01752 304147
Email :
animals@plymouth.gov.uk
Fax :
01752 226314

Links

Dog control consultation frequently asked questions

Why are we consulting the public about the possible implementation of dog control orders?


People have strong views about dogs, whether they are about dogs' mess on pavements and playing fields or about the rights of dog owners to exercise their dogs. Therefore any changes to dog controls require consultation with the public.

In previous years dog control has been through the use of Byelaws and by the Dogs Fouling of Land Act (DFLA). These Byelaws had to be approved by the Secretary of State. The Secretary of State approved various sets of Byelaws over time. The DFLA allows us to issue Fixed Penalty Notices (FPNs) 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 (CN and EA 2005)) Councils to decide for themselves where and how dogs should be controlled by making dog control orders. Dog control orders will replace all the existing Byelaws and replace the DFLA.

[Back to top]

What is the status of the public consultation?


To find out the views of the public, we are carrying out informal consultation. We have not drafted any dog control orders as yet as we want to ensure that any proposals are supported by local residents. If we then decide to try and implement dog control orders we will have to go through a Formal Consultation Process as prescribed in the Act and Regulations.

[Back to top]

Do my views matter?


Yes, very much so. Your ideas and suggestions are very welcome and will all be considered. What is most important is to achieve the correct balance between the needs and wishes of all the community.

[Back to top]

Will any future dog control orders reflect comments made by the public?


Yes, we will consider all representations (comments) in order to achieve the best possible strategy and policy. Your views along with statutory consultees such as Council departments, the Police and others will determine whether dog control orders are implemented and the form they take.

[Back to top]

These new powers came into force in April 2005, why have you not acted before now?


The CN and EA 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 a dog control order. The Dogs Fouling of Land Act 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.

[Back to top]

What is a dog control order?


A dog control order is an optional control measure for controlling some potential dog related issues. The power to create dog control orders is provided under the legislation that came into force in 2006. dog control orders made under the Clean Neighbourhoods and Environment Act 2005 replace the previous system of Byelaws for the control of dogs and also the Dogs (Fouling of Land) Act 1996, which has been repealed (cancelled), although existing Orders remain in force until replaced. If the local authority does not make dog control orders there is the option for District, Parish or Town Councils to make the orders.

[Back to top]

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

[Back to top]

Where do dog control orders come from?


The Clean Neighbourhoods and Environment Act 2005 was introduced to tackle low level environmental crime and nuisance such as the control of dogs, litter and fly-posting. It seeks to give communities the power to control these problems and enables Councils to carry out enforcement in a quick and efficient manner by issuing fixed penalty notices.

[Back to top]

What does the consultation seek to do?


The consultation is aimed at balancing the interests of dog owners and the rest of the public. The consultation seeks to obtain information and opinions from local residents and other groups (local access groups, police, schools etc).

We hope to achieve this balance from the informal public consultation we are now carrying out in order to develop a policy that meets requirements without being overly difficult for responsible dog owners.

[Back to top]

Why do we need a dog control order?

The Dogs Fouling of Land Act has some limitations as to areas that are covered for dog fouling. The limitations are that it covers all areas within a 40mph speed limit. The fines are also set at £50 and cannot be altered. It does not address issues such as prohibiting dogs from sensitive sites such a school grounds or whether dogs can be required to be kept on leads in certain places. The Clean Neighbourhood and Environment Act 2005 allow Councils to determine the extent of any dog control order to meet local requirements and circumstances. The Council needs to balance the needs of those in charge of dogs against the interests of those affected by the activities of dogs, bearing in mind the need for people, in particular children to have access to dog free areas and areas where dogs are kept under strict control.

[Back to top]

Why change the existing arrangements?


The Dogs Fouling of Land Act has some limitations as mentioned above. 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.

[Back to top]

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.

There has been some contradictory advice from the Department for Environment, Food and Rural Affairs (DEFRA) indicating that dog byelaws can still be enforced. However, enforcement will be much easier if new dog control orders are made because they would not be restricted to particular locations.

[Back to top]

Who is being consulted?


Residents and other groups with interests in land, open spaces or dogs.

[Back to top]

What does open land mean?


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.

[Back to top]

How does this affect access rights (right to roam on private land)?


There are issues regarding "access areas" where the public have access rights under the Countryside and Rights of Way Act 2000 (CROW). Broadly, we are obliged to consult with the relevant access authority. We should therefore pay particular attention to the views of these bodies in deciding whether any proposed dog control order affecting open access land is necessary.

[Back to top]

Will the Order apply to Forestry Commission land?


No, the Act excludes Forestry Commission land from being covered by dog control orders. Plymouth City Council has no Forestry Commission land however Cann Woods is on our border.

[Back to top]

What approach will Plymouth City Council adopt in considering dog control orders?


Guidance issued by DEFRA says that when considering a dog control order we have to be able to show that this is a necessary and fair response to problems caused by the activities of dogs and those in charge of them.

We want to balance the interests of those affected by the activities of dogs, bearing in mind the need for people, in particular children, to have access to dog-free areas and areas where dogs are kept under strict control, and the need for those in charge of dogs to have access to areas where they can exercise their dogs without undue restrictions.

We will also consider how easy a dog control order would be to enforce, since failure to properly enforce could undermine the effect of an order. This is particularly the case for orders that exclude dogs completely from areas of land. These will be easier to enforce if the land is enclosed. However, such orders should not be ruled out for unenclosed land where a special case for them can be made.

[Back to top]

What are the next steps?


Having received the results of the consultation, we will assess comments from all parties and determine if and in what format dog control orders should be made. If we decided to implement dog control orders we will have to go out to a formal consultation as this is specified in the legislation.

[Back to top]

How long will this take?

  • We were given permission to consult in September 2007
  • The consultation will take place during November and December
  • Analysis of the results of the public consultation will take place at the end of January
  • If it is decided to implement dog control orders a formal statutory consultation will take place in February and March 2008
  • Assessment and implementation will take place in the summer of 2008.

[Back to top]

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.

[Back to top]

Will signs be erected by Plymouth City Council?


Yes, signs are specified in the legislation.

[Back to top]

Will more dog waste bins be provided?


Dogs Waste bins will be considered separately and independently. 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.

[Back to top]

Who will enforce the Order?


Because no decisions have yet been taken on dog control orders it is difficult to determine the resources needed. However, it is likely that no additional staff will be employed. We will be looking at increasing the number of officers authorised to carry out enforcement including possibly the use of Parks Services and Police Community Support Officers. If there are particular problems in a locality then officers will target that area.

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.

[Back to top]

Will you be replying to every consultation form or letter you receive?


Unfortunately due to the number of letters and questionnaires received we cannot reply to everyone but all comments received will be considered and reported. We will try and communicate as much information as we can by using the Council's web site and other communication channels.

We are happy to receive your views by post, by fax or by email.