Dog Control Orders

Our Dog Control Orders came into force on 1st June 2009.

What is a Dog Control Order?

A Dog Control Order is a new piece of Legislation that enables the Local Authority to make an Order under the Clean Neighbourhoods and Environment Act 2005. This replaces the old system of byelaws to control dogs and also The Dogs (Fouling of Land) Act 1996 where the Local Authority makes a Prevention of Dog Fouling Order 1999. These orders remain in force until replaced.

Why do we need a Dog Control Order?

Over the years, various Laws have been made to control dogs. The Clean Neighbourhoods and Environment Act 2005 allows Councils to consolidate all these byelaws and enforce by way of fixed penalty notices, rather than expensive and often time-consuming prosecutions. This option is still available for repeated offences as is the pursuance of non-payment of fixed penalty notices.

What is the difference between the orders and previous provisions?

• The dog fouling order is broadly similar to the existing provisions for dog fouling.  The new proposal will include all land open to the air, where the current provisions have certain land exemptions e.g. common land and land used for agriculture.  
• The proposal to keep dogs on leads at all times on any land which is situated within a 40mph (or less) traffic control zone is designed to keep dogs under closer control in urban areas and to discourage persons allowing dogs to stray and foul. Under the Road Traffic Act 1988, it is already an offence for a person to cause or permit a dog to be on a public footway or grass verge adjacent to a road without its being on a lead.
• The proposal to put and keep a dog on a lead when directed to do so by an authorised officer is designed for those circumstances when a dog is out of control and an instruction by an authorised officer will help to rectify the situation.
• The proposal to prohibit dogs from enclosed children’s play areas is designed to create dog free areas that can be enforceable. These specific locations have not been listed as such but will include any enclosed area in which children play. For example, tennis courts, skate parks, water parks, enclosed children’s play equipment. This order does not include playing fields adjacent to the enclosure, just the enclosed area itself.

What does the Order seek to do?

The Order is aimed at balancing the interests of dog owners by way of allowing dogs to be exercised without undue restrictions and the needs for people, particularly children to have access to dog-free areas or where dogs are kept under stricter control.

Why has Wychavon District Council Orders that cover the whole of Wychavon?

Having a consistent approach across the whole of the district will be easier for the public to understand and comply with. The Order seeks to encompass all open land where the public have access, principally land owned by Local Authorities. Open land is defined as land that is open on at least one side to which the public are entitled to have access.

What exemptions to the Orders are in place?

No offence will have been committed under the dog fouling Order if the person in control of the dog which has fouled, has failed to pick up the faeces, if they have the consent of the owner or occupier or of any other person or authority which has control of the land, not to pick up dog waste.

No offence will have been committed under the dog fouling Order or dog exclusion Order if a person is:

• Registered as a blind person in a register compiled under Section 29 of the National Assistance Act 1948.
• A person who has a disability, which effects their mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects.
• Dogs trained by Dogs for the Disabled, Support Dogs or Canine Partners for Independence or any dog upon on which a person relies on for assistance.

Under the dog fouling Order or dogs on leads Order the offences will not apply to:

• Any pack of hounds or dogs used for sporting purposes.
• Any dog being worked for the capture or destruction of vermin.
• Any dog being used for the driving of cattle or sheep.
• Any dog being used on official duties by a member of Her Majesty’s Armed Forces or Her Majesty’s Customs and Excise or the Police Force.
• Any dog used in emergency rescue work.

Advertisement placed by Wychavon District Council

WYCHAVON DISTRICT COUNCIL

Notice of  Dog Control Order
Clean Neighbourhoods and Environment Act 2005
Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006

A Dog Control Order under Section 55 of the Clean Neighbourhoods and Environment Act 2005 has been made and will come into effect on 1st June 2009'
'The Dog Control Order will replace the existing system of byelaws for the control of dogs and also the Wychavon District Council (prevention of Dog Fouling) Order 1999 made under The Dogs Fouling of Land Act 1996'.

The order comprises of the following:

• Fouling of Land by dogs.
  An offence for any person in charge of a dog, which defecates on any land not to remove the faeces. This provision will apply to any
  land which is open to the air, and to which the public are permitted
  to have access (with or without payment).
• Dogs on Leads.
  Dogs must be kept on a lead at all times on any land which is within a 40mph (or less) traffic control zone and which is open to the air and to which the public are entitled or permitted to have access (with or without payment) and which is one of the following: all public pavements, verges and footpaths.
• Dogs on leads when requested to do so.
  Dogs must be put on a lead and kept on a lead when directed to do so by an authorised officer.
• Dog Exclusion.
  Designate the following sites/types of land in which we have an
  interest, where dogs must be excluded:
• all fenced or enclosed children’s play areas.
  Exemptions:
  ‘Fouling of land’:
  No offence has been committed if the person in control of the
  dog which has fouled, has failed to pick up the faeces, because
  they have the consent of the owner or occupier, or of any other
  person or authority which has control of the land, not to pick up
  dog waste.
  ‘Fouling of land’, ‘dogs on lead’, ‘dogs on lead when requested to do so’.
  
  
  No offence has been committed by any of the following:
• any pack of hounds
• any dog while being used:
• for sporting purposes
• for the capture or destruction of vermin
• for the driving or tending to cattle
• on official duties by a member of Her Majesty’s Armed Forces or Her Majesty’s Customs and Excise or the police force for any area
• in emergency rescue work

The Proposed Dog Control Order will not apply to:

• Any person who is registered as a blind person in a register
  compiled under section 29 of the National Assistance Act 1948.
• Any person who has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects.
• Any dog trained by Dogs for the Disabled (registered charity number 700454)
• Any dog trained by Support Dogs (registered charity number
  10088281)
• Any dog trained by Canine Partners for Independence (registered charity number 803680).

Penalties
A person found in breach of a Dog Control Order will generally be offered a fixed penalty notice of £75. Anyone who fails to give a correct name and address is also guilty of an offence of which upon prosecution may be liable for a fine of up to £1000. Anyone who fails to pay a fixed penalty notice may be prosecuted, and if convicted, may be liable for a fine of up to £1000.

Implementation
Wychavon District Council declare a Dog Control Order for the above offences with effect on 1st June 2009.

Ian Marshall, Head of Legal and Support Services

Further Information

All Licensing and Environmental Health Matters are now dealt with by Worcestershire Regulatory Services.

For direct public enquiries and referrals:

General Customer Enquiries

Worcestershire Hub on: 01905-822799

(Mon—Fri 8am—8pm, Sat 9am—5pm)

Email: wrsenquiries@worcsregservices.gov.uk

Fax: 01905-617132

For Business advice or support call: 0845-3303313

Licensing: 01527-881454

Licensing Surgeries at Wychavon District Council

These are walk in sessions – where appointments are not required.

Monday Afternoons 13:30 to 15:00 Hrs

Thursday Mornings 9:30 to 11:00 Hrs