Dog control orders

Dog Control Orders proposal

The Council acknowledges that the vast majority of dog owners who live in the borough are responsible, who pick up their dogs mess and keep their dogs under proper control in public areas. They not only care for their dog's well-being, but are also considerate as to the effect that their dog may have on other land users within Calderdale.

However, complaints regarding the behaviour of some dog owners and the problem of dog fouling are still regularly received by the Council. Reports and letters in the local newspapers also highlight the frequency and extent of the problem in Calderdale. Other people unfortunately suffer as a result of irresponsible dog ownership. We need to consider alternative courses of action to deal with the problems in public open spaces caused by dog fouling, stray dogs, and aggressive dogs. Consequently, the Council would now like to introduce Dog Control Orders under section 55(1) of the Clean Neighbourhoods and Environment Act 2005| to help to try to solve these problems. Your Council is keen to promote responsible dog ownership.

The Council has a framework in mind in relation to controlling dogs, and the aim of introducing Dog Control Orders would be to:

reduce the incidence of dog fouling, or at least more easily take enforcement action against those who break the law by not picking up after their dog;
reduce the contact between dog poo and children / sports players, and employees of the Council who have to maintain Calderdale’s green spaces. It isn't just about Toxocariasis. Dog fouling is extremely unpleasant and unhygienic;
prevent some of the aggressive dog incidences that happen in the borough;
reduce the number of stray dogs we have to seize and detain;
reduce the number of injured stray dogs we ask veterinary practices to look after or treat.

It has to be recognised that Dog Control Orders and subsequent enforcement may not completely eradicate the problems caused by irresponsible dog ownership. Some irresponsible persons in charge of dogs will still fail to remove their dog’s poo from land, may still allow dogs to enter exclusion areas, and break the law in other areas. However, the Orders will allow Officers to proportionately apply the law in a fair and consistent manner in accordance with the Council’s policies and procedures. Enforcement will complement and support education. The Council already works closely with a number of dog charities and organisations, like the Dogs Trust|, the RSPCA| and local veterinarians, and will continue to do so.

What the Council would like to do, which in our view is reasonable, is exclude dogs from high risk areas where people or children play sports and games in open air publicly accessible areas (marked sports pitches and play areas, for example). Officers would also like to be able to ask dog walkers whose dog is causing a nuisance to put and keep the dog on a lead. We also propose to require dog walkers to pick up their dog's poo in all parts of the borough, excepting moorland and woodland unless the consultation tells us otherwise.

Calderdale Council will balance the interests of those in charge of dogs against the interests of those affected by the activities of dogs. We will be mindful of the need for people, particularly children, to have access to dog-free areas and areas where dogs should be under strict control. Similarly, we are also mindful of the need for those in charge of dogs to have access to areas where they can exercise their dogs without undue restrictions.

The Council is proposing to simultaneously introduce five separate Dog Control Orders, in accordance with the Dog Control Orders (Procedure) Regulations 2006|. The five proposed Dog Control Orders are:

If any of the five Orders are introduced, they will subject to review by the Council on a relatively regular basis.

The penalty for breaching any Order

The penalty in relation to any offence for any Dog Control Order is, on summary conviction, a fine not exceeding level 3 on the standard scale, currently £1000.

A person may be offered the opportunity to discharge any liability to conviction for any offence under any Dog Control Order by payment of a fixed penalty. The specified amount of the fixed penalty is likely to be £80 reduced to £50 for early payment, in accordance with the Fixed penalty enforcement strategy [PDF file 288KB]| approved by the Council in October 2010. This will be considered by the Council at a later date. The legislation which describes the sanctions for the offences is the Dog Control Orders (Prescribed Offences and Penalties) Regulations 2006|

Please read the information which describes why the Council would like to introduce each Order, and then tell us what you think. We are interested to hear your views, whether you are a dog owner or not.