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 • Environmental Protection (Stray Dogs) regs – Statutory duty to collect strays • Dangerous Dogs Act – Police Responsibility • Byelaws – Inconsistent and not in all areas

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

Options for D. C. O’s The CNEA allows the creation of dog control orders which may specify: 1) Areas for dogs on leads (i) By Order (ii) When directed by an officer 2) Areas where dogs may be excluded 3) Offence of fouling and failing to remove waste 4) Maximum number of dogs that may be taken onto specified land • Reasonable exceptions are accounted for such as guide dogs

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

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

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

Options for D. C. O’s The CNEA allows the creation of dog control orders which may specify: 1) Areas for dogs on leads (i) By Order (ii) When directed by an officer 2) Areas where dogs may be excluded 3) Offence of fouling and failing to remove waste 4) Maximum number of dogs that may be taken onto specified land • Reasonable exceptions are accounted for such as guide dogs

Results of Consultation 1) Dogs on leads-

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

Results of Consultation 3) Dog Fouling-

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.

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

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

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)

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

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

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

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

Any questions?