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Dog Fouling and the Law A guide for the public
This guide aims to outline the law and best practice in tackling the problem of dog fouling and to help members of the public to complain in the appropriate way.
Title: Dog Fouling and the Law - A guide for the public
Author: Encams
Number of pages: 12
The Law
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.
Northern Ireland
The Litter (Northern Ireland) Order 1993 section 6 gives local authorities the duty to keep its relevant land or any relevant road for which it is responsible, clear of litter and refuse (including dog faeces).
Prosecution of Dog owners who fail to clear up
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
In Northern Ireland
Under the Litter (Northern Ireland) Order 1994, it is an offence for the owner of a dog to not to clear up after their dog if it has left faeces on publicly accessible land. The penalty is up to £500. The fixed penalty rate is £10.
In Scotland
The Civic Government (Scotland) Act 1982 section 48 makes it an offence to allow a dog to foul a footpath, local authority grass verge, a local authority pedestrian precinct and any local authority maintained recreation or sports ground. The fine is up to £500.
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.
Last update: Monday, October 02, 2006