Dog control orders

Why we need control orders

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.

The dangers to health from dog faeces are well documented. Toxocara eggs released from faeces can live in soil for years and can cause unpleasant symptoms in humans. This is a real problem for crawling babies and toddlers and for residents using contaminated areas for recreational sport.

Dog owners have the right to enjoy their pets and to exercise them however residents and in particular children also have a right to be able to enjoy a clean safe environment and be able to access areas free from dogs or free from uncontrolled dogs. Dog fouling is one of the highest frequency complaint type received by the Public Protection service

Existing controls

The problems created by irresponsible dog ownership have been recognised for some time. Local authorities have been able to use a framework of controls set out in legislation. The Environmental Protection Act 1990 provides control measures on stray dogs. The Dogs (Fouling of Land) Act 1996 penalises failure to remove dog faeces throughout all areas of Plymouth to which the public have access. Byelaws made under section 164 of Public Health Act 1875 and Sections 12 and 15 Open Spaces Act 1906 provide mechanisms to ban dogs from just seven nominated play parks but no other areas.

Effectiveness of existing rules

Straying and fouling can be dealt with under current legislation however the Fixed Penalty Notices, (FPNs), have a maximum penalty of just £50. This has not increased with inflation since the tariff was set ten years ago. There is no opportunity to increase the FPN tariff under the existing legislation. The high frequency of this offence despite the use of FPNs indicates that a greater deterrent may be required.

The byelaws only create seven dog free areas. The list has not been updated since 1991. Plymouth City Council requires the ability to amend the areas it designates as dog free. Officers consider there are not enough open spaces to allow the public and especially children access to dog free or dog controlled areas, however there is no provision to amend the existing list of nominated areas.

New legislation

Since the introduction of the Clean Neighbourhoods and Environment Act (2005) (CNEA) from April 2006 the local authority (primary authority) and parish councils (secondary authorities) have had the power to introduce dog control orders. These can be in the following categories:

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

The new legislation is designed to simplify the current arrangements for controlling dogs.

A dog control order will specify the land to which the order relates as well as the times during which the order will apply. In practice, this means that an authority can designate any area of land open to the air to which the public has access (including any such land within its boundary) as being land on which specified dog offences will apply.

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Procedures for designating dog control orders

The Dog Control Orders (Procedures) Regulations 2006 require that before a Council can make a dog control order, the council must publish a notice describing the proposed order in a local newspaper circulating in the same area as the land to which the order(s) would apply and invite representations (comments) on the proposal.

The notice must:

• identify the land to which the order(s) will apply
• summarise the order(s)
• if the order(s) will refer to a map, say where the map can be inspected. This must be at an address in the authority’s area, be free of charge, and available at all reasonable hours during the consultation period
• Give the address to which, and the date by which, representations must be sent to the authority. The final date for representation must be at least 28 days after the publication of the notice.

At the end of the consultation period the authority must consider any representations that have been made. If it then decides to proceed with the order(s), it must decide when the order(s) will come into force. The order cannot come into force until 14 days after the order was made.

Once an order(s) has been made, the authority must, at least 7 days before it comes into force, publish a notice in a local newspaper circulating in the same area as the land to which the order(s) applies stating:

• that the order(s) has been made and
• where the order(s) may be inspected and copies of it obtained.

If possible, a copy of the notice must also be published on the authority’s website.

If, after considering representations on a proposal to make an order an authority decides to amend its proposal, it must start the procedure again, publishing a new notice describing the amended proposal.

There is a legal requirement that, where possible, signs must be placed summarising the order on land to which a new order applies, thereby informing the public that land is subject to an order. For example, if an order were made excluding dogs from a park, copies of the order should be placed at the entrances to the park when it was first made, and permanent signs should be erected informing the public that dogs are not permitted in the park Where a dog control order applies to a large area of land, for example, an order in respect of fouling by dogs, it may not be feasible to post copies of the order on the land, but signs warning the public that it is an offence not to clear up dog faeces should be placed at regular intervals.

Outcomes anticipated

• The issuing of fixed penalty notices for breaching dog control orders will greatly assist in the promotion of responsible dog ownership and a reduction in complaints.
• Children will have access to an increased number of dog free areas and areas where dogs are kept under strict control.
• A cleaner and sustainable environment.
• Improving health and well-being through access to dog free areas and areas where dogs are kept under strict control.
• Reduced likelihood of contamination by Toxoccara.

Proposal for dog control orders in Plymouth

The Council has a number of options with regard to the dog control order powers of the CNEA. These are summarised in the following numbered options:

Option 1 - status quo. This would mean that no action is required. Dog control would continue under the Dogs (Fouling of Land) Act 1996.

Pros

• The Dogs (Fouling of Land) Act is reasonably successful
• Dog fouling complaints have reduced year on year
• There should be no additional demand on officer resources
• No extra signs are required
• Police Community Support Officers can be authorised by the Chief Officer of Police under Section 38 Police Reform Act 2002

Cons

• Whilst the current legislation stays in force the fixed penalty will remain at £50. When the new dog control order comes into effect the fixed penalty, will increase to £80.
• The fixed penalties amounts for the dog control orders will be increased from time to time whereas the Dogs (Fouling of Land) Act will stay at £50. With the effect of future inflation it is likely that this would not be an amount that would be seen as being a sufficient penalty to promote responsible dog ownership.
• The current legislation does not enable the authority to introduce additional dog free areas.

Option 2 - consider the implementation of the three control orders below

1. To require people in charge of dogs to remove dog faeces. This would be applied to all land with public within Plymouth.
2. To require dogs to be on a lead in specified areas (all council owned sports pitches)
3. Excluding dogs from specified land (all children’s play areas owned or controlled by the city council and all school grounds)

Pros

• The whole of Plymouth is the same as at present under Dogs (Fouling of Land) Act 1996
• It will help when dealing with dogs dangerously out of control in a public place
• It will enable the authority to exclude dogs from additional specified areas which could include playgrounds, parks, and sports pitches.

Cons

• Signs have to be erected where Dog Control orders apply

Recommendation

Officers recommend that consideration should be given to whether option 2 should be authorised and to establish whether the orders would provide the authority with more options for enforcement, as follows

• To give permission to begin the consultation process required by the Dog Control Orders (Procedures) Regulations 2006, so that the proposed dog control orders specified in the report may be considered by the authority.
• To give permission to publish a notice of the proposed dog control orders identifying the land and summarising the proposed order.

Reason for decision

• We wish to give due consideration to all the factors that could relate to the introduction of the dog control orderss specified on this page.
• We cannot introduce dog control orders unless it can show that it is a necessary and fair response to problems caused by the activities of dogs and those in control of them.
• We need to balance the needs of those in charge of dogs against the interests of those affected by 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.

Background papers used in compiling the report

• Clean Neighbourhoods and Environment Act 2005
• The Dog Control Orders (Prescribed Offences and Penalties etc) Regulations 2006
• The Dog Control Orders (Procedures) Regulations 2006
• Clean Neighbourhoods - Guidance on the Environmental Protection Act 1990, Clean Neighbourhoods and Environment Act 2005 and related legislation - Department for Environment, Food and Rural Affairs (DEFRA)

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