Public Notice - Dog Control Orders
Clean Neighbourhoods and Environment Act 2005 - Sections 55 to 67
This guidance covers the Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006 and the Dog Control Orders (Procedures) Regulations 2006, which implement sections 55 and 56 of the Clean Neighbourhoods and Environment Act 2005 (prescribing offences and penalties to be contained in, and procedures and forms for making, dog control orders), together with the other sections of the Act relating to dog control orders. Dog Control Orders replace the previous system of byelaws for the control of dogs, and also the Dogs (Fouling of Land) Act 1996.
The two sets of Dog Control Order Regulations can be found on the Office of Public Sector Information website.
The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations provide for five offences that may be prescribed in a dog control order:
- Failing to remove dog faeces
- Not keeping a dog on a lead
- Not putting, and keeping, a dog on a lead when directed to do so by an authorised officer
- Permitting a dog to enter land from which dogs are excluded
- Taking more than a specified number of dogs onto land.
After an extensive public consultation exercise via Direct magazine, this web site, direct mailing to interested bodies / groups and via the local media (television, radio and print) the public of North Lincolnshire opted for offences (1), (4) and (5) above. Public consultation agreed with the Dog Wardens recommendation that the number of dogs in (5) be restricted to no more than four under the control of a single person.
North Lincolnshire Council receives very few complaints regarding dogs not on a lead when accompanied by their owner. The vast majority of dog owners keep their dogs on leads in public places and adequately under control. It is considered that the adoption of such an order at this time is not necessary. Stray dogs and dogs dangerously out of control may be effectively dealt with by other legislation.
The penalty for committing an offence contained in a Dog Control Order is a maximum fine of level 3 on the standard scale (currently £1,000). Alternatively, the opportunity to pay an £80 Fixed Penalty Notice may be offered in place of prosecution.
Both primary (North Lincolnshire Council) and secondary (town and parish councils) councils may make Dog Control Orders, provided that they are satisfied that an order is justified and has followed the necessary procedures. North Lincolnshire Council has formally consulted with all the town and parish councils and is adopting Dog Control Orders on their behalf, as requested, on the land they own and / or manage. Town and parish councils may make additional Dog Control Orders on the land they own and / or manage.
A Dog Control Order may be brought into force no sooner than 14 days (or longer if prefered) after it has been made; there is no requirement for an order to be confirmed by the Secretary of State. Existing dog bylaws under the Dogs (Fouling of Land) Act 1996 are not affected by the introduction of the new system.
Under section 57 of the Clean Neighbourhoods and Environment Act 2005 a Dog Control Order can be made in respect of any land which is open to the air and to which the public are entitled or permitted to have access (with or without payment).
There are defences in all Dog Control Orders of:
- Having a reasonable excuse for failing to comply with an order
- Acting with the consent of the owner or occupier of the land, or of any other person or authority that has control of the land.
Under (a), no offence is committed if a person in control of a dog has a reasonable excuse for failing to comply with an order. This would include those responsible for dogs such as police dogs, which are on land to investigate or prevent crime. In such cases it will be for local authorities to decide whether to pursue cases where this defence is used. If they choose to do so it will be for the Courts to decide whether someone had a reasonable excuse for failing to comply with a dog control order.
However, the prescribed Fouling of Land by Dogs Order in Schedule 1 to the Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations states specifically that being unaware of a dog's defecation, or not having a device or other suitable means of removing the faeces is not a reasonable excuse for failing to comply with the order.
Under (b) no offence is committed if a person in charge of a dog acts with the consent of the person who owns or is otherwise in control of the land. There is no specific exemption in the Regulations for working dogs, but this provision will cover any dog that is working on land with the consent of the person in control of the land.
Dog control orders provide exemptions in particular cases for registered blind people, and for deaf people and for other people with disabilities who make use of trained assistance dogs. Anyone with any type of assistance dog is not subject to a Dog Control Order excluding dogs from specified land in respect of his or her assistance dog, and anyone other than a registered deaf person (whose disability will not prevent him or her from being aware of and removing dog faeces) is similarly exempt from a Dog Control Orders on the fouling of land.
The exemptions mentioned above refer to a person whose ability to move 'everyday objects' is affected. The following items are listed to illustrate what 'everyday objects' might include: books; a kettle of water; bags of shopping; a briefcase; an overnight bag; or, a chair or other piece of light furniture. A copy of the guidance can be downloaded from the Equality and Human Rights Commission's website.
Regulation 3(4)(a) of the Dog Control Orders (Procedures) Regulations provides the legal requirement that signs must be placed summarising the order on land to which a new order applies, informing the public that land is subject to an order.
For example, it is proposed to make an Order excluding dogs from fenced off children's play areas and schools, so copies of the order should be placed at the entrances to the play areas and schools when it is first made, and permanent signs should be erected informing the public that dogs are not permitted.
Where a Dog Control Order applies to a large area of land, 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.
Fixed penalties for offences under dog control orders may be issued by authorised officers under section 59(1) and (2). Section 59(11) defines who are 'authorised officers':
- Employees of primary and secondary councils who are authorised for this purpose
- Any person authorised (including employees of that person) in writing by a primary or secondary council made by that person and the relevant authority Section 62 extends the same powers to Police Community Support Officers and other persons accredited by Chief Police Officers under the Police Reform Act 2002.
In connection with Dog Control Order offences, authorised officers of primary and secondary councils have the power to require the name and address of a person they wish to issue with a fixed penalty notice. In such cases failure to supply these details or to give a false name and address to an authorised officer is an offence for which a maximum fine of level 3 (currently £1000) on the standard scale may be given upon conviction.
In relation to secondary councils, any person who may be authorised to issue fixed penalties on their behalf, other than Police Community Support Officers, and other persons accredited under the Police Reform Act 2002, must first satisfy certain conditions linked to training. These conditions are specified in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 (regulation 6).