Call for Evidence - Dog Control Orders
Clean Neighbourhoods and Environment Act 2005
In 2005, the above Act introduced new powers enabling Local Authorities to declare Dog Control Areas. The Act provides for up to five new offences to be created by Order as follows:
- 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;
- Permitting a dog to enter land from which dogs are excluded;
- Taking more than a specified number of dogs onto land.
The power is made available to Local Authorities only where there is evidence of a problem, and the Dog Control Order is judged a necessary and proportionate measure to deal with it. Once declared, failure to comply with the requirements on an Order is an offence with a maximum penalty in a Magistrates’ Court of £1,000. The Council may alternatively issue an offender with a £80 fixed penalty notice, discounted to £50 if paid within 10 days of issue.
To date Middlesbrough Borough Council has declared Dog Control Orders as follows:
Council-run Cemeteries and Crematorium
- Dogs must be kept on a lead not exceeding 2 metres in length
- Dog faeces must be picked up
Centre Square and surrounds
- Dogs must be kept on a lead not exceeding 5 metres in length
- Dog faeces must be picked up
Albert Park
- Dogs must be kept on a lead not exceeding 2 metres in length in some areas of the park, except on Saturday between 8.30 am and 10.30 am when this applies in the whole park.
- Dog faeces must be picked up.
- Dogs are excluded from two fenced-off play areas.
The Council is seeking to determine whether there is need for any more dog control areas in Middlesbrough. We are therefore seeking evidence that would support the introduction of further Orders, or conversely would inform against declaring any more. We are NOT seeking evidence on any existing Orders at this time, and are NOT considering further review of any current Orders.
If you would like to submit evidence for the Council to consider please do so in writing at the address below, to include:
- Details of the geographic area you wish the Council to consider
- Details of the measure(s) you wish the Council to consider introducing - please note that all the open areas in Middlesbrough are currently covered by a fixed penalty notice system for dog fouling offences by virtue of the Dogs (Fouling of Land) Act 1996, and there is no benefit to introduce an order just for fouling on its own.
- The evidence you have for introducing a new Order in this place or otherwise. Please provide as much detail as possible as any decision must be evidence-based.
Anything received before August 11, 2011 will be considered.
Address to which comments should be sent:
Karen Larkin, Senior Environmental Protection Officer,
P.O. Box 502, Vancouver House, Central Mews, Gurney Street, Middlesbrough, TS1 9FW
e-Mail: karen_larkin@middlesbrough.gov.uk
Please select the Supporting Documents tab below to see the official Dog Control Orders letter.