Dog control orders

Under The Clean Neighbourhoods and Environment Act 2005 Dog Control Orders can be made in respect to any land, which is open to the air (on at least one side and that remains open to the air at all times) that the public are entitled to have access to.  This legislation replaced the Dogs (Fouling of Land) Act 1996.

East Northamptonshire Council has implemented four Dog Control Orders, these are:

• 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
• Allowing a dog onto land from which dogs are excluded

Exemptions

The Government has designated certain types of land that cannot be covered by some or all of the Dog Control Orders. This list currently includes certain Forestry Commission land in respect of all Dog Control Orders and roads (including highways) in respect of a Dog Control Order excluding dogs from land.

What types of land are covered by Dog Control Orders?

• Land such as playgrounds/play areas, which are used by children;
• Where dogs could affect the enjoyment of others using an area of land, such as a park that is used by people to enjoy a picnic; Where there is a history of dogs spoiling the enjoyment of other users of a particular area of land;
• Sports fields where organised sporting events take place on a regular basis.
• Any land, which is open to the air (on at least one side and that remains open to the air at all times) that the public are entitled to have access to within the District is automatically subjected to the removal of dog faeces and the putting and keeping a dog on a lead Dog Control Orders when directed to do so by an authorised officer Control Orders.

Penalties and enforcement of the Control Orders

The Clean Neighbourhoods and Environment Act 2005 gives authorised officers of the council the power to issue fixed penalty notices for offences against Dog Control Orders. In a magistrates court, the penalty for committing an offence under a Dog Control Order is a maximum fine of £1,000. Alternatively, the alleged offender may be offered the opportunity to pay a fixed penalty as an alternative to prosecution. In East Northamptonshire the Fixed Penalty Notice amount is £75.