DOG FOULING AND THE LAWS

England, Scotland and Wales

The Litter (Animal Droppings) Order 1991 of the Environmental Protection Act (1990) places a duty on local authorities to keep the following areas clear of dog faeces;

§         Any public walk or pleasure ground

§         Any land laid out as a garden or used for the purpose of recreation

§         Any part of the seashore which is frequently used by large numbers of people, and managed by the person having direct control of it as a tourist resort or recreational facility

§         Any esplanade or promenade

§         Any land not forming part of the highway or, in Scotland, a public road, which is open to the air, which the public are permitted to use on foot only, and which provides access to retail premises

§         A trunk road picnic area

§         A picnic site.

In England and Wales

The Dogs (Fouling of Land) Act 1996, allows authorities to designate any land in their area as poop scoop areas without any requirement to provide signs or dog waste bins

The land must be publicly accessible and open to the air, however the following areas are not included:

§         Carriageways with a speed limit of more than 40 mph

§         Land used for agriculture or woodlands

§         Land which is predominantly marshland, moor or heath

§         Rural common land

The penalty for not clearing up dog fouling can be up to £1,000 if taken to court, but there is also provision for a fixed penalty scheme with a fine of £50 in England.

In England the main legislation relating to dog fouling is dealt with under the Environmental Protection Act 1990 (Part IV).

Exceptions to the offence are:

§         The person in charge of the dog has a reasonable excuse for not clearing up (being unaware of the fouling or not having the means to clean up is not an excuse)

§         The owner or occupier of the land has consented to the faeces being left

§         The person puts the faeces in a bin on the land

§         The person in charge of the dog has a registered visual impairment

What can I do about a dog fouling offence?

To report an offence contact your local authority to find out what the dog control procedures are in your area, and make note of the following details:

§         Name and address of the person in charge of the dog

§         A description of the dog

§         Details of the date, time and location of the offence.

If the fouling takes place at regular times it may be possible for dog wardens to witness the fouling. In most cases the wardens will warn the offender before taking legal action, which is usually enough to deter further offences.

Dog Warden scheme

This is one of the most effective ways of tackling the dog fouling problem. The dog warden has 3 important roles in the community:

§         Enforcement - enforcing the legislation relating to dog fouling, dogs in general and local bye-laws

§         Educational - to promote responsible attitudes to dog ownership, to develop an understanding of the role of the dog warden and how the public can be supportive

§         Practical - handling and securing stray dogs, dealing with problems relating to noisy and nuisance dogs.

What is the best way to clear up after a dog?

Use a doggy bag, or a carrier bag, to pick up the faeces. Ideally, this should then be placed in a designated dog bin. If this is not possible, take the bag home or, as a last resort, double wrap the faeces and put in a normal litterbin. Poop scoops can also be used, they are available from most pet stores, but a lot of owners don't like carrying them around.

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