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Dog Control Orders Clean Neighbourhoods & Environment Act 2005

Dog Control Orders Clean Neighbourhoods & Environment Act 2005. Format of Presentation. Current Situation Options for Dog Control Orders Consultation & Results Suggestions for consideration Questions. Current situation - Legislation. Dogs (Fouling of Land) Act – Issue FPNs Borough wide

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Dog Control Orders Clean Neighbourhoods & Environment Act 2005

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  1. Dog Control Orders Clean Neighbourhoods & Environment Act 2005

  2. Format of Presentation • Current Situation • Options for Dog Control Orders • Consultation & Results • Suggestions for consideration • Questions

  3. Current situation - Legislation • Dogs (Fouling of Land) Act – Issue FPNs Borough wide • Environmental Protection (Stray Dogs) regs – Statutory duty to collect strays • Dangerous Dogs Act – Police Responsibility • Byelaws – Inconsistent and and not in all areas

  4. Police Legislation • Clean Neighbourhoods & Environment Act 2005, Section 68- Termination of police responsibility for stray dogs. • However Police retain responsibilities for dangerous dogs • Dangerous by breed • Dangerous by act- Out of control in a public place

  5. Options for D.C.O’s The CNEA allows the creation of dog control orders which may specify: • Areas for dogs on leads (i) By Order (ii) When directed by an officer • Areas where dogs may be excluded • Offence of fouling and failing to remove waste • Maximum number of dogs that may be taken onto specified land • Reasonable exceptions are accounted for such as guide dogs

  6. Dog Control Orders • There is no duty on a local authority to enact these orders, a local authority may choose to implement some, all or none of these orders (or phased) • LA must consult with any parties that may be significantly affected by the Order • An Order must be necessary and proportionate

  7. Consultation • Legislation details consultation process • Must consult with community councils and other bodies affected by the Order • Must publish intention on Website • Must display notices at locations affected • All Community Councils received formal consultation May- Aug 2008 • Public Surveys carried out- personal & in Connect magazine

  8. Results of Consultation • All community Councils were contacted by letter in May 2008 • 36% (13/36) of Community Councils responded to the consultation. • In addition, 52 questionnaires were completed with members of the public at locations throughout the Borough. • Animal welfare organisations consulted - generic response

  9. Options for D.C.O’s The CNEA allows the creation of dog control orders which may specify: • Areas for dogs on leads (i) By Order (ii) When directed by an officer • Areas where dogs may be excluded • Offence of fouling and failing to remove waste • Maximum number of dogs that may be taken onto specified land • Reasonable exceptions are accounted for such as guide dogs

  10. Results of Consultation 1) Dogs on leads-

  11. Results of Consultation 2) Exclusion areas- • . also fishing lakes, cricket & golf areas

  12. Results of Consultation 3) Dog Fouling-

  13. Results of Consultation 4) Maximum Number of Dogs • Survey results were inconclusive. Dependant on ability of dog “owner” • Current Defra guidance mentions a figure of 6 as the maximum number but there is little agreement in this area. • It is recommended that this Dog Control Order is not applied at present.

  14. Results of Consultation Animal Welfare Organisations- • Orders to be proportionate re: responsible dog owners • Dogs benefit from off lead exercise • Owners need areas to exercise dogs • Accept the need for dog free and dogs on lead areas • Accept dogs on leads on Borough streets and childrens play areas

  15. Summary- Pros • Allows action to be taken quickly FPN’s without court action • Can target DCO’s to specific problem areas or be Boroughwide • Updated legislation

  16. Summary- Cons • Little need to restrict dog owners further (Needs to be necessary & proportionate) • Risk of antagonising many dog owners • Dog fouling legislation well known by public • Could be costly to implement (Signage)

  17. Implementation • Legislation defines what must be done • Erect signs where practicable summarising the Order • Publish such information on its website • Any significant amendments or revocations must go through a similar process

  18. Considerations • Any changes implemented will require appropriate enforcement & resources • Designation of areas should be simple and obvious • Should be consistent approach across the Borough • Can implement in phases- can revisit

  19. Recommended Orders • Dogs on leads on every public highway(& Cemeteries & Bye law areas) • Dogs on lead when directed by an officer in any land in the open air where public have access • Dogs excluded from children’s play areas, Crematorium & Bye law areas and designated sports pitches • Dog fouling- failing to remove faeces

  20. Other Recommendations • Further consultation, before introducing DCO’s • Focus resources on priorities • Monitor, review and revisit in 2 years

  21. Any questions?

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