Dog Control Orders

Erewash residents were asked for their views on proposals to extend powers to take action against irresponsible dog owners in the borough.

An online survey was launched by Erewash Borough Council, with the six-week consultation running until Thursday 1 October.

An existing order which regulates dog control in Erewash lapsed on 20 October this year and the council took on board feedback from the public on proposals to increase powers, including:

• Extending the land types on which people have to clear up after their dogs, meaning the regulation will apply to all land open to the air to which the public has access. Included in this is the proposal to exclude dogs from certain areas and require all dogs be on leads in specified locations.

• A proposal to allow authorised officers to ask a person in control of a dog to prove they have the means – such as poo bags – to clear up after their pet/s. This new power is aimed at helping officers tackle dog fouling concerns.

All the proposals fall under a Public Space Protection Order and anyone breaching the conditions could be issued with a Fixed Penalty Notice or face legal proceeding in certain cases.

Councillor Garry Hickton, Erewash Borough council’s Lead Member for Environment, says:

“The new Order would back up the existing regulations but will also give new powers as the drive continues to crack down on irresponsible dog owners. Dog fouling and those owners who let their dogs off the lead but have no proper control over them remain big concerns for our residents.

“We know the vast majority of owners are responsible and share the concerns. This new Order would reinforce and extend the controls already in place, which includes keeping dogs on a lead in sensitive areas like cemeteries and children’s play areas. Please take time to fill in our survey to help us put these new powers in place.”

What it means

Further to Erewash residents being asked for their views on proposals to extend powers to take action against irresponsible dog owners in the borough, the proposed PSPO’s were agreed. These are:

1. Fouling

If within the Designated Area, as detailed in Schedule 1, a dog defecates at any time on land to which the public or any section of the public has access, by payment or otherwise, as of right or by virtue of express or implied permission and a person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless
(a) he has reasonable excuse for failing to do so;
or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

2. Leads

A person in charge of a dog shall be guilty of an offence if, at any time, on land detailed in Schedule 2 below he does not keep the dog on a lead unless
(a) he has reasonable excuse for failing to do so;
or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

3.Dogs On Leads by Direction

A person in charge of a dog shall be guilty of an offence if they fail to suitably restrain the dog when directed to do so by an Authorised Officer on any land detailed in Schedule 1 below unless,
(a) he has reasonable excuse not to do so;
or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

4.Exclusion

A person in charge of a dog shall be guilty of an offence if, at any time, he takes the dog onto, or permits the dog to enter or to remain on, any land detailed in Schedule 3 below unless
(a) he has reasonable excuse for failing to do so;
or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

All the Orders would fall under a Public Spaces Protection Order and anyone breaching the conditions could be issued with a Fixed Penalty Notice or face legal proceeding in certain cases.

For any further information please contact Scott Cartledge, Neighbourhood Warden Manager, Erewash Borough Council. 0115 907 2244.