Swindon Borough Council Starts A Six Week Public Consultation On Dog Control Orders Today (May 25th 2007)
http://www.swindon.gov.uk/latestnews/latestnewsheader/news/newsitemdisplayv2.htm?itemid=85355The council plans to introduce Dog Control Orders under the Clean Neighbourhood and Environment Act - and members of the public are being invited to give their views before any decisions are made.
The dog control orders provide councils with the power to make dog walkers pick up their pet's faeces in certain areas and dispose of it properly, exclude dogs from designated park areas, and enforce the use of leads in certain parks and other areas.
Once made, if the orders are not complied with, dog walkers could be faced with a fixed penalty of £80 given by the council's enforcement officers.
David Wren, Cabinet Member for Local Environment, said:
"We need to hear the views of Swindon residents about the proposed Dog Control Orders - we want to make sure we reach the correct decision for Swindon.
"We care about creating an environment where dog lovers and other members of the community can live in safety and harmony. We see this as a way in which everyone can share and enjoy our open spaces.
"The new legislation provides us with an opportunity to update and clarify obsolete byelaws and re-assess other laws. We believe our proposals are reasonable but we need to know what people think of them."
The orders are:
The Fouling of Land by Dogs - This order will require a person in control of a dog to remove faeces deposited from all public spaces in the borough except for agricultural land, marshland, moor, heath, worked woodland and beside any road with a speed limit over 40 mph. However, faeces must be cleared from any defined, surfaced pathway even in these areas.
The Exclusion of Dogs Order - This order will prohibit people taking dogs into any children's play area, cemetery, bowling green or any clearly fenced and signed area stating "no dogs".
The Dogs On Leads Order - This order will require people in control of a dog to keep it on a lead in the following areas: all public roads in the borough and the footpaths, cyclepaths and verges adjacent to these roads; pedestrianised areas on the town centre; Queen's Park; Penhill Park; the Town Gardens; and a designated area at Lydiard Park, which would include the main lawn area around the lake, the cafe and the barbeque field.
There is also an opportunity to identify other locations that may be suitable for dogs on leads.
To take part in the consultation, members of the public can fill in a questionnaire online at
www.swindon.gov.uk or pick up an information leaflet and questionnaire from local libraries and council offices.
Alternatively, they can write to Dog Control Orders, Environmental Health, Swindon Borough Council, Premier House, Station Road, Swindon, SN1 1TZ or call 01793 463725 and a leaflet/questionnaire will be sent out which can be returned free of charge.
The council will accept comments in writing only. They must be from persons over the age of 18, and all personal details, such as name and addresses, will remain confidential.
Maps of the affected areas are available for inspection free of charge at Premier House, in Station Road, during the consultation period.
The consultation runs until July 6th . The results are expected to be announced later this year
The Admin Team have been thus far unable to locate the promised online form at
www.swindon.gov.ukCouncillor Wrens contact information is publicly availabe here:
http://ww2.swindon.gov.uk/moderngov/mgUserInfo.asp?UID=222&J=2Councillor Wren will shortly be receiving an invitation to visit Talkswindon, (in connection with another project), but members might like to invite him here earlier to discuss the Dog Control Orders consultation.
Talkswindon has not been invited to help Swindon Borough Council with this consulation so members should not assume any comments made on the forum will be taken into account by SBC. The Admin Team will let you know if this situation changes.
Following Information added 23:30 Friday 25th May 2007
SBC Site now updated: Carrying the following information here:
http://www.swindon.gov.uk/environment/environment-animal-welfare/dogcontrolorders.htmDid you read this page before 12:00 on 25th May? If so, please read again as not all the information was up-to-date.
The online questionnaire will be available from next week.
Swindon Borough Council is planning to introduce Dog Control Orders under
section 55 of the Clean Neighbourhood and Environment Act 2005.The Dog Control Orders (Prescribed Offences and Penalties, etc) Regulations 2006, provide for offences which may be prescribed in a dog control order as follows:
* Not removing dog faeces forthwith
* Not putting a dog on lead in designated areas
* Allowing a dog access to designated areas from which they are excluded
Tell Us Your Views
There is a statutory public consultation period from 25 May 2007 to 6 July 2007 during which you can have your say on this matter by completing the questionnaire. There are several ways in which you can access the questionnaire (all of which are free):
* Use the online questionnaire
* If you write to us at:
Dog Control Orders
Environmental Health
3rd Floor
Premier House
Station Road
Swindon
SN1 1TZ
Please state your name, address and, if possible, your phone number. We will send the questionnaire to you.
* Download the advice leaflet and reply using the comment form and questionnaire
* Pick up a leaflet from Council Offices and LibrariesPlease note we can only accept comments in writing on the questionnaire from persons over the age of 18. If you are not able to write in or if you require it in a different format/language then please call us on 01793 463725. We are unable to accept anonymous comments but we will always respect your confidentiality.
Our
Public Notice contains the full details of our intentions.
We hereby invite representations on our proposal to make the following three dog control orders:
The Fouling of Land by Dogs Order (Proposed
)This will require a person in control of a dog to remove faeces deposited forthwith from all public spaces in the borough except for:
* Agricultural land
* Marshland/Moor/Heath/Worked Woodland, and
* Beside any road with a speed limit over 40 mph
However, faeces must be cleared from any defined, surfaced pathway even in these areas
(please see FAQs - Fouling of Land).
The Exclusion of Dogs Order (Proposed)
This order will prohibit people taking dogs into any children’s play area, cemetery, bowling green or other recreational area as long as they are clearly fenced and have a council approved sign stating “no dogs†(please see FAQs - Exclusion).
The Dogs On Leads Order (Proposed)This Order will require people in control of a dog to keep it on a lead in these areas:
1. All public roads in the Borough and the footpaths, cyclepaths and verges adjacent to these roads.
2. The pedestrianised areas in the Town Centre
3. Queen’s Park, Penhill Park, The Town Gardens
4. A designated area at Lydiard Park including the main lawn, the area around the lake including the woods to the east, the BBQ/Picnic field, the church drive and verges beside and the area around the visitors centre, in which dogs will have to be kept on lead from 1st April to 30th September from 10am to 6pm. Outside of these times and all day through the wintermonths they may be off lead but under control.
Maps of the affected areas are available for inspection free of charge at Premier House during the Consultation Period or can be down loaded by clicking on the following links;
Queens Park,
Penhill Park,
Town Gardens,
Lydiard Park (please see FAQs -
Dogs on leads).
Once these Control Orders are introduced, the current byelaws and Dogs (Fouling of Land Act) 1996 will cease to have affect.
Existing Dog Laws that Remain in Force
All other dog laws will remain unchanged. These include the requirement that all dogs in public places have a collar and tag with the owner’s name and address on it, in accordance with The Control of Dogs Order 1992. See our
Dog Law section for further details
Frequently Asked Questions
What is a Dog Control Order?
A dog control order is a new piece of legislation that came into force in 2006 under the
Clean Neighbourhoods and Environment Act 2005. This law was brought in to deal with low-level 'Enviro-crime' and nuisance such as littering, graffiti and dog fouling. The Control Orders will replace the Dogs (Fouling of Land) Act 1996 and the current system of byelaws.
Why do we need Dog Control Orders?
Introduction of Dog Control Orders provides an opportunity to consolidate the many different byelaws as well as the current fouling legislation. This will make compliance of the law easier for dog owners as well as only one department for the public to contact. They also would allow the Council to enforce contraventions by way of fixed penalty notices; only using court prosecutions as a last resort.
What are Fixed Penalty Notices?
Fixed Penalty Notices may be issued when a suitably authorised enforcing officer believes that an offence has been committed and it is appropriate. Fixed penalties can provide enforcement agencies with an effective and visible way of responding to low-level environmental crimes, and the Government wishes to encourage their use by local authorities and other agencies. Experience has shown that the public generally welcome the use of fixed penalties, provided that they are issued sensibly, enforced even-handedly and are as a response to genuine problems. Funds from fixed penalty receipts must be used to support the enforcement area that generated them. The payment would be £80 within fourteen days (or £50 if paid within ten days). Failure to pay the fixed penalty notice will result in legal action being taken against the alleged offender. This action will be taken in the magistrate’s court with a maximum fine of £1000. The actual fine level and awarding of legal costs is at the discretion of the magistrates.
When will the Dog Control Orders start?
We are carrying out a public consultation period until 6 July 2007. The date for the new legislation to become effective will be announced in the press and on our website after this but we hope they will be in place by Late Summer 2007.
What do the Orders mean?
Fouling of Land
This order requires dog owners to clear up after their pets and dispose of the faeces appropriately. Failure to do this in any area that the law applies is an offence
No Dog Fouling
Areas of land that are covered:
* Pavements
* Defined, surfaced footpaths
* Back ways
* Playing fields (including school playing fields)
* Parks and recreation grounds
* Play areas
* Grass verges
* Grassed areas in residential areas
Areas of land that are not covered:
* Agricultural land
* Woodland that is worked (commercial woodland)
* Grass verges to roads with a speed limit in excess of 40 mph
* Private property
Please note: faeces must be removed from tarmac, gravel, sand or other clearly defined, surfaced footpaths that run through the above areas.
Is anyone exempt from picking up?
Anyone who is registered as a blind person or has a registered disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, and has a dog trained by a prescribed charity
(listed in the order) and upon which he relies for assistance.
There isn’t a dog bin in the area, do I still have to pick up?
Yes! If a dog bin is not available, litterbins are an acceptable way to dispose of dog waste. Please ensure it is double wrapped. If neither is available it must be taken home and disposed of there.
I didn’t see it happen!
As with current fouling legislation, being unaware of the offence is not an excuse.
Its not my dog/I don’t have a bag on me
If you are the person in control of the dog at that time then you are legally responsible for it. Not having a bag to pick up the faeces is also not an excuse; you should always take a bag out with you
There’s a problem with fouling in my area, who do I report it to?
Please e-mail
dogwarden@swindon.gov.uk direct, please do not use the control order questionnaire for any other matter.
Exclusion of Dogs Order
Again this applies to whoever is in control of the dog. They must not take the dog onto the following land: - Any children’s play area, cemetery, bowling green, skateboard park, putting green or any other agreed area that is fenced off and clearly signed "Dog Exclusion Area" The sign may be in words but most would be a picture (please see the example, pictured).
Example sign meaning 'no dogs allowed'
New play areas will all be securely fenced and signposted. To take a dog onto such land would be an offence.
Is anyone exempt from this Order?
Anyone who is registered as a blind person or has a registered disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, and has a dog trained by a prescribed charity
(listed in the Order ) and upon which he relies for assistance.
Dogs on Leads Order
This will require those in control of a dog to keep it on a lead when walking along a public road anywhere in the borough as well as any footpath, cyclepath, bridleway, pavement and grass verge that run alongside a public road.
This does not apply to:
* Private Roads (which must be clearly marked as a private road)
* Public footpath, cyclepath or bridleway that is not adjacent to a public road
* Public Open Spaces and Parks (except those listed below)
Persons in control of a dog will also have to keep it on lead in the following town parks:
* Queen’s Park,
* Town Gardens
* Penhill Park
* A designated area at Lydiard Park with specific restrictions between 1 April to 30 September, 10:00 to 18:00.
Maps showing the location of these parks can be viewed at Premier House and at the bottom of this page to download.
The pedestrian area in the Town Centre will also be included in the Control Order requiring dogs to be kept on leads.
There will be signs at the entrances to the parks and the Pedestrian Areas in the Town Centre showing that dogs must be kept on leads. These may be written signs or in picture form (see example, pictured).
Example sign saying 'KEEP DOGS ON LEADS'
The signs at Lydiard Park will also state the times of the day/months of the year that the order applies to.
Failure to put a dog on lead in these areas would be an offence.
Is anyone exempt from this order?
Yes, dogs trained by a prescribed charity upon which the owner relies on for assistance – see the
Dogs on Leads Order for list of prescribed charities
The order also states that it does not apply if the owner/handler has a “reasonable excuseâ€. This would be at the discretion of the officer but would usually be acceptable if the dog was being used for working purposes such as:
* A pack of organised hounds involved in a legal hunt
* Dogs being used for sporting purposes, e.g. flushing game for lawful shooting
* Dogs being used for the capture or destruction of vermin with the permission or agreement of the landowner
* Dogs while being used for the driving or tending of cattle, sheep or other animals
* Dogs while being used on official duties by a member of Her Majesty's Armed Forces or Her Majesty's Customs and Excise or the police force for any area
* Dogs while being used in emergency rescue work
I use an extandable lead, is this acceptable?
There are no plans to regulate the type or length of lead required but we do recommend a non-extendable strong lead made from nylon or leather as this gives greater control than the extending leads. Long training leads are available if you wish to run your dog on a longer line.
What about other parks in the town?(eg. The Lawns, St Marks Rec., Faringdon Park, Coate Water etc.)
Only the areas listed are being considered for this order. Dogs may run off lead in the other parks as long as they are kept under control
(see Dog Law for details about dogs acting out of control). As part of the consultation you can volunteer other parks that may benefit from this order.
Why do I need to keep my dog(s) on a lead in these areas and not others?
The parks listed in the order are relatively small, some are surrounded by busy roads and all are heavily used by the people who do not own dogs as well as dog owners. It is a way of ensuring that dog lovers and other members of the local community can enjoy the parks together.
Why not keep dogs on leads everywhere in the borough?
It is important for most dogs' physical and mental well-being to have off lead exercise. Many dogs require vigorous exercise that would not be possible on lead and this could therefore compromise their health and behaviour. As stated above, owners/handlers must still keep control of their dogs even when off-lead. Any complaints of dogs acting dangerously out of control should be passed as soon as possible to the police (telephone 0845 4087000) and/or Swindon Borough Council (telephone 01793 466068).
Why is Lydiard Park included in the Order?
In response to many complaints received about dogs acting out of control at Lydiard Park, we have decided to include part of it in the order. The areas covered are those that are exceptionally busy in the Summer months with people having picnics, playing games, sunbathing etc. There are large areas of ground immidiately adjacent to these where dogs can run off lead without disturbing people. The order will also apply to the times when the main lawn etc. is commonly used - i.e. during the summer months and at peak times. Also, Lydiard Park is a National Heritage Site and is actively managed at thiese times with specific events being being held in these areas (e.g. Party in the Park, theatre performances).
Further Information
Further national guidance is available using the following links:
* The Dog Control Order (Procedures) Regulations 2006 * Defra Guidance on Dog Control OrdersDocuments Available for Downloading
Public NoticeProposed Control Order Fouling on LandProposed Control Order Dogs ExclusionProposed Control Order Dogs On LeadsMap of Control Area Queens ParkMap of Control Area Town GardensMap of Control Area Penhill ParkMap Of Lydiard Park 
