Dog Control Orders Clean Neighbourhoods & Environment Act 2005.
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Transcript of Dog Control Orders Clean Neighbourhoods & Environment Act 2005.
Dog Control OrdersDog Control OrdersClean Neighbourhoods & Clean Neighbourhoods &
Environment Act 2005Environment Act 2005
Format of PresentationFormat of Presentation
• Current Situation
• Options for Dog Control Orders
• Consultation & Results
• Suggestions for consideration
• Questions
Current situation - LegislationCurrent 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
Police LegislationPolice 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’sOptions 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 waste4) Maximum number of dogs that may be taken onto specified land
• Reasonable exceptions are accounted for such as guide dogs
Dog Control OrdersDog 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
ConsultationConsultation
• 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 ConsultationResults 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’sOptions 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 waste4) Maximum number of dogs that may be taken onto specified land
• Reasonable exceptions are accounted for such as guide dogs
Results of ConsultationResults of Consultation
Would you Like to see dog owners required by law to keep dogs on leads in
any of the following areas?
Parks
PavementsPlaying Fields
0
10
20
30
40
50
60
70
80
90
100
Perc
en
t
1) Dogs on leads-
Results of ConsultationResults of Consultation
•.
2) Exclusion areas-
also fishing lakes, cricket & golf areas
Would you like to see a ban on dogs in any of the following areas?
Fenced Child's
Play Area
Bow ling Greens
Playing Fields
0
10
20
30
40
50
60
70
80
90
100
Perc
en
t
Results of ConsultationResults of Consultation
3) Dog Fouling-
Do you support a continued ban on fouling?
YES
0
10
20
30
40
50
60
70
80
90
100
Per
cen
t
Results of ConsultationResults 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 ConsultationResults 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- ProsSummary- 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- ConsSummary- 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)
ImplementationImplementation
• 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
ConsiderationsConsiderations
• 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 OrdersRecommended 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 RecommendationsOther Recommendations
• Further consultation, before introducing DCO’s
• Focus resources on priorities
• Monitor, review and revisit in 2 years
Any questions?Any questions?