Agenda item

To receive a report from the Head of Planning and Public Protection (copy enclosed) on the potential for the Council to introduce additional legal controls over dogs and their owners across the County.

                                                                                                          10.55 a.m.

A copy of a report by the Head of Planning and Public Protection (HPPP), which detailed the potential for the Council to introduce additional legal controls over dogs and their owners across the County, had been distributed with the papers for the meeting.

Councillor D.I. Smith introduced the report and informed Members of additional legal powers available to enforce against irresponsible dog owners, and requested approval to allow officers to progress with a public consultation on introducing Dog Control Orders across the County.

The Dogs Fouling of Land Act 1996 and the Clean Neighbourhoods and Environment Act 2005 had been summarised in the report.  Dog fouling was a persistent source of complaints and current powers limited the action which could be taken against dog owners who allowed their dogs to foul in certain areas.  There was a clear public health and amenity improvement argument for introducing more legal controls, in the form of Dog Control Orders, to address the problem of dog control in a different and more robust way.  Dog fouling was currently controlled by the Dogs Fouling of Land Act 1996, which made it unlawful to fail to pick up faeces after your dog had fouled.  However there were exemptions on certain kinds of public land including land used for agriculture or woodlands, rural common land, land that was predominantly marshland, moor or heath and highway land with a speed limit of 40mph or more.  No enforcement could currently take place in these areas.

Councillor Smith explained that it was proposed that 3 Dog Control Orders be introduced subject to consultation with City, Town and Community Councils, members of the public and other relevant stakeholders.  These Orders included:-

·                 The Draft Fouling of Land by Dogs (DCC) Order 2014.  This would make it unlawful to foul on any land within the administrative area of the Council unless the person had permission from the landowner.

·                 The Draft Dogs on Lead by Direction (DCC) Order 2014.  This would make it unlawful to be in charge of a dog which was not on a lead on any highway or any other land which was clearly signed at every entrance highlighting that dogs must be kept on a lead.  The ‘other land’ areas had been defined at Appendix 1.

·                 The Draft Dogs Exclusion (DCC) Order 2014.  This would make it unlawful for dogs to enter a designated area which was clearly signed at each entrance that dogs were specifically excluded.  The consultation would set out exactly which areas could be included as exclusion areas, and had been listed at Appendix 2.

Breaching Orders would result in a criminal offence which could either be prosecuted in the Magistrates Court or the dog owner be afforded the opportunity to pay a FPN of between £75 and £150.  The current financial penalty was £75 and the tough enforcement approach to the nonpayment of FPN would continue, with persons choosing not to pay their FPN being prosecuted.  Councillor H.O. Williams proposed, and Councillor C.H. Williams seconded, an amendment that FPN’s be increased from £75 to £100.  The vote was tied and the Chair exercised his casting vote in favor of the recommendation in the report, that FPN’s remain at £75, and the amendment was lost.

Details of the consultation process undertaken had been included in the report.  The need for additional legal controls in the form of Dog Control Orders had previously been agreed as part of the Council’s Corporate Anti-Fouling Strategy.  If approval was granted to progress, a 28 day consultation period would take place with City, Town and Community Councils, County Councillors, members of the public and other identified stakeholders.  All responses would be discussed with the Lead Member, and it was emphasised that if the Orders were implemented the enforcement approach would need to be sensitive, proportionate and gradual.  This would include the use of verbal warnings, appropriate signage and publicity.

Councillor H.O. Williams requested that consideration be afforded to the possibility of extending enforcement areas beyond rural car park boundaries, such as the one at Moel Famau, to cover footpaths, areas within the AONB and other popular locations utilised by the public.  Councillor Smith explained that problems had been encountered regarding the placement of dog waste bins and signage within the AONB.

The Committee supported requests from Members that-:

·                 the Welsh version of the dog fouling signs be rectified as the translation was incorrect.

·                 a copy of the letter sent to all Town and Community Councils urging them to buy dog fouling bins and invest in keeping their communities tidy be sent to all county councillors for information.

·                 a communication be sent to all County Councillors advising them on where dog fouling bags could be obtained so that they could inform their residents.

·                 the feasibility of sending flyers to all residents with their Council Tax bills outlining the penalties for dog fouling offences be explored.

Details of restrictions relating to dogs on beaches within the County was provided in response to concerns raised by Members.  Councillor H.O. Williams proposed, and Councillor C.H. Williams seconded, an amendment that FPN’s be increased from £75 to £100.  The vote was tied and the Chair exercised his casting vote in favour of the recommendation in the report, that FPN’s remain at £75, and the amendment was lost.

Following further discussion the Committee supported the principle of introducing dog control orders across the County, and it was:-

RESOLVED – that the Committee:-

(a)  support and agree with the Dog Control Order options put forward in the report,

(b)  recommends that officers be allowed to progress with a public consultation on the introduction of Dog Control Orders across the County, and

(c)  recommends that the Fixed Penalty Notices associated with the proposed Dog Control Orders be set at £75.