Page content section :
Your environment
Dog Control
- Dog Control Orders (including fixed penalty notices and how can you help)
- Fouling footways and grass verges
- Noisy dogs - barking dogs
- Dangerous dogs
- Collar and tag
- Stray dogs
See also :
Dog Control Orders (DCO)
Current situation
On
6 April 2009 the Council of the District of Adur made the following Orders
under Section 55(1) of The Clean Neighbourhoods and Environment Act 2005
(“the Act”) which apply to the land described in the schedules
below, being land to which the Act applies.
The Orders will come into force on 9th November 2009 :
- Dog Control Order - Dog exclusion (.PDF 13kb)
- Dog Control Order - Dogs maximum numbers (.PDF 12kb)
- Dog Control Order - Dogs on leads (.PDF 12kb)
- Dog Control Order - Dogs on leads by direction (.PDF 13kb)
- Dog Control Order - Dog fouling (.PDF 13kb)
- Note : The original sealed and dated Orders are available for inspection and copies are available at Civic Centre, Ham Road, Shoreham by Sea, BN43 6PR.
The Dog Control Orders report (CGE-025-08-09) went to the Cabinet Member for Clean and Green Environment - use the link below to see the original report and the decision :
Fixed Penalty Notices (FPNs)
Adur District Council intends to issue Fixed Penalty Notices (FPNs) to enforce the proposed dog control orders as prescribed by section 59 of the Clean Neighbourhoods and Environment Act 2005. The payment will be £75 or reduced to £35 if paid within 10 days. Failure to pay the fixed penalty notice may result in prosecution. The maximum fine on prosecution for offences under these Orders is currently set at £1000.
How can you help?
- Report a dog control incident using our on-line form
- Request clearance of dog fouling using our on-line form
- see also : Fouling footways and grass verges below
See also :
- Overview and Scrutiny Committee report on 16-09-2008 (report item 12) which includes the Dog Control Orders (DCO) consultation results
- Overview and Scrutiny Committee report on 27-05-2008 (report item 8)
Useful DEFRA (Department for Environment, Food and Rural Affairs) documents :
More details can be found at the following external website links :
- Keep Britain Tidy website : Dog fouling (www.keepbritaintidy.org/KeyIssues/DogFouling/Default.aspx)
- DEFRA website (look up 'dogs' in their A to Z section) (www.defra.gov.uk/environment/localenv/dogs/index.htm)
See also :
Other restrictions for dogs on access land may apply and the public should visit the Natural England website where you can find full details of the Countryside Code :
- Countryside Code on the Natural England website (www.naturalengland.org.uk/ourwork/enjoying/countrysidecode/)
Fouling footways and grass verges
Dog
fouling is unpleasant and annoying. It can lead to a prosecution and a fine
for the dog owner.
Random monitoring will take place throughout the district.
'No fouling' signs may be erected if considered necessary.
To report a problem on-line with dog fouling please use our street cleaning form available on our street cleansing and sweeping webpage or request clearance of dog fouling using our on-line form
If you have a query in connection with dog bins, their emptying or erection, please contact the :
- Waste Services Department on
Tel : (01273) 263158 (or 263040 24hr answerphone)
or send Waste Services an e-mail
See also : Dog Control Orders above
Noisy dogs - barking dogs
Barking comes naturally to dogs, but constant barking or whining of a dog can be disturbing or annoying for your neighbours. Complaints about barking often arise because dogs are left alone while their owners are out for most of the day. A dog will not usually bark while its owners are at home, but may start as soon as they leave. The owners are often unaware that a problem exists until someone makes a complaint.
Why dogs bark
Persistent barking means something is making the dog unhappy. It could be distressed, afraid or bored. There are many reasons why a dog may bark :
- Loneliness
- Boredom or frustration
- Attention seeking
- Defending its territory
- Medical problems - the dog could be ill
How can we Help?
A barking dog can be considered a statutory noise nuisance and we can serve a noise abatement notice on the owner if nothing is done to stop persistent barking. If you are disturbed by a neighbour's dog, tell them about the problem as they may not know that their dog is barking. If they are not prepared to take action, we will try to solve the problem informally at first.
We will look at the following to assess whether the problem is a statutory nuisance :
- The time of day or night the dog is barking
- How long it goes on for
- How often it happens
Occasional barking that might happen, for example, when the postman calls or when the door bell rings, will not normally be considered a statutory noise nuisance.
For more information see :
- Dog barking information leaflet (.PDF 64kb)
- Environmental Health webpage
- Association of Pet Behaviour Counsellors (APBC) : www.apbc.org.uk/articles.htm
Dangerous dogs
Section 3(1) Dangerous Dogs Act 1991
This part of the Dangerous Dogs Act applies to every single dog in England & Wales, no matter whether it is a pure bred dog, cross or a mongrel and regardless of its size.
This is a criminal offence which can be brought against the owner of a dog (and if different the person in charge of a dog) if a dog is :
- dangerously out of control
'Dangerously out of control' is defined as being 'on any occasion on which there are grounds for reasonable apprehension that it will injure any person'. Generally, if a dog bites someone then it will be presumed to have been dangerously out of control. - in a public place
'Public place' is defined as including any place 'to which the public have or are permitted to have access'.
The Police have the discretionary power to seize a dog (although they may need a warrant) but there is no provision for 'bail' for the dog pending a conclusion at Court.
If injury is caused to a person, then there is a presumption in favour of destruction of the dog unless the owner can prove that the dog would not constitute a danger to public safety. If the Court can be persuaded not to impose destruction, then the alternative is a Contingent Destruction Order ie. a requirement that unless the dog is kept under proper control then it shall be destroyed. The Court has the power to impose conditions to such an order.
For the owner and/or person in charge of the dog at the time of the incident the Court has the power to impose a prison sentence as well as a ban on keeping dogs. However, this is very rare and the more likely outcome is financial ie. a fine, compensation and costs.
Reports of dangerous dogs should be reported to the police :
- For all non-emergency calls : Dial 0845 60 70 999
- Only in the event of an emergency : Dial 999
Please note that all calls are recorded for policing purposes.
See also : DEFRA leaflet : Dangerous dogs (.PDF 161kb)
Collar and tag
The best way to ensure the safe return of your dog, if lost, is to provide it with a collar and tag.
It is a legal requirement under the Control of Dogs Order 1992 that every dog, while in a public place, must wear a collar with the name and address of its owner inscribed on it, or on a disc attached to the collar. Failure to do so could result in prosecution and a fine of up to £2,000.
Stray dogs
The council has a duty to remove stray dogs from the highway and places of public resort and may remove dogs from private land at the request of the owner or occupier.
Dogs which are removed by the Dog Warden will be taken to kennels for safe keeping.
Before a stray dog is returned to its owner the statutory fee plus kennel expenses must be paid :
- For charges for stray dogs please see the current 'Fees and Charges for Council Services' booklet.
- If not collected within seven days the dog will be rehomed.
- Any recharges of veterinary or kennel fees or expenses will be liable to VAT at the standard rate.
'Office hours' stray dog procedure
To report a stray dog during normal working hours, Monday to Friday, please ring the council on (01273) 263040 (24hr answerphone) or (01273) 263000 (switchboard).
'Out of hours' stray dog procedure (as from 1st September 2008)
If you find a stray dog in the Adur district between 5.30pm and 7.30am please ring Adur District Council's Duty Supervisor on 07713 889 128.
They will log the dog details and you can then either :
- take the dog to the council's out of hours kennel
- or keep the dog over night, which an Adur Watch Inspector will then pick up from your house the following morning around about 8.30am.
If you have lost your dog during those hours, again please ring the duty supervisor who will log the details and let you know if it is handed in.
There is a release fee, that would need to be paid, if your dog has gone to the kennels. This is not the same establishment as the council's day time kennels.
The Police no longer have responsibility for stray dogs so they will not accept a stray at your local police station.
