The Council ran a 12 week consultation process last year, with a view to introducing dog control orders. The public responded positively with 75% of those who responded thinking it was a good idea. Following this consultation a report was put to the Council’s Cabinet, who agreed the draft dog control orders proposed and agreed the Council could move to the next stage in the process. This next stage is the statutory notification to publish our intention to introduce dog control orders, known as the ‘notice of intent’ process. The draft dog control orders, together with a supporting report, can be viewed by following the link below:

• Notice of Intent - PDF, 169KB

As mentioned above dog fouling is a problem which continues to be regarded as one of the key priorities in the minds of residents in the district. To help reduce the problem Stroud District Council is consulting on the introduction of dog control orders.

The specific control orders the Council believes would enhance the district relate to:

• Failing to remove dog faeces
• Not keeping a dog on a lead
• Not putting, and keeping, a dog on a lead when directed to do so by an authorised officer
• Permitting a dog to enter land from which dogs are excluded

Each of these issues and the reasoning for adoption are now discussed specifically:

Failing to remove dog faeces

The Stroud district would be subject to an order requiring owners to clean up after their dogs in all areas open to the air, to which the public have a right of access, in accordance with the Clean Neighbourhoods and Environment Act 2005, that are not subject to any exemption under that Act.

Permitting a dog to enter land from which dogs are excluded:

In relation to the exclusion of dogs from specific designated areas, the Council would consider those areas where the advantage of excluding dogs will be to the benefit to the public at large.

A list of areas that the Council has already identified as potentially benefitting from dog exclusion zones is detailed in Appendix 2.

Areas subject to a requirement to keep dogs on leads:

In relation to keeping dogs on leads the Council would look to designate specific areas where the advantage of doing so in terms of a benefit to the public at large can be demonstrated.

Please contact the Council in one of the following ways to let us know your thoughts on the proposal and any areas you feel would benefit from a Dog Control Order.

The deadline for responses is: Monday 30 January 2012.

By email: Environmental.health@stroud.gov.uk

By phone: 01453 766321

In writing:

Mr. Robert Weaver
Environmental Protection Manager
Stroud District Council
Ebley Mill
Stroud
Glos.
GL5 4UB

All comments and responses will be considered and a final report will be prepared and submitted for the Council's Cabinet meeting in April 2012. A decision will then be made on whether Dog Control Orders will be introduced and if so, which specific areas will be subject to the controls.

The problem of dog fouling

Dog fouling continues to be regarded as one of they key priorities in the minds of residents of the district. As well as being highly anti social, dog faeces and the remnants of dog faeces can cause ill health effects, especially in young children, including toxacariasis which can in extreme cases lead to blindness. The Council's street cleansing contractors continue to receive calls to clean up faeces, including pavements leading to and from schools. Complaints are also received from local football and sports clubs who have to clean faeces from playing fields prior to their use.

Stroud District Council as a regulatory body, does not have specific byelaws relating to either the exclusion of dogs or a requirement to keep dogs on leads on certain areas of land within the district. This proposal will therefore be subject to a standard 12 week consultation period, during which time your views would be welcomed.

A general assessment of the Stroud district was undertaken by Council Officers last year, with attention being given to those areas where the majority of complaints were received. A number of footpaths within the district were assessed, in particular those to and from schools. In several areas deposits of dog mess were noted.

Dog walkers can currently exercise their dogs loose in areas principally designated as children's play areas and off the lead on principal footpaths to and from schools. Whilst most dog owners are responsible and do clean up after their animals, some do not which results in dog fouling in areas where the likelihood of children coming into contact with faeces directly, or the residue from faeces, is high.

Why is the Council looking to introduce DCO's?

Effective enforcement of DCO's could assist the Council in tackling anti social behaviour, promote a safer, cleaner environment and protect and improve the environment of Stroud district.

To date, the only enforcement option available to the Council is to initiate Court action following receipt of a witnessed dog fouling offence. In the case of the offence being witnessed by a Council Officer, the information and evidence obtained is of a high standard and a successful outcome in the Courts is likely. However Council Officers are only able to witness a very small percentage of the offences that occur. Whilst the Council can act upon information provided by the public, a witness statement is required. It is understandable that some members of the community do not feel comfortable with giving evidence in Court and in these circumstances the weight of evidence may not be strong enough to take a case. Furthermore, it is highly likely that a number of fouling cases result from the owner simply not seeing their dog foul. This can occur when dogs are off the lead on a footpath, out of sight behind trees or bushes and when the owners attention is momentarily elsewhere. However the unseen faeces remain, often to be unpleasantly discovered later during a game of football or when the wheels of a pushchair become fouled.

The Clean Neighbourhoods and Environment Act 2005 recognised the practical difficulties of dog fouling enforcement, as well as the broader issues regarding dog control and subsequently provided Local authorities with further powers to address these issues.

Central Government has given Local Authorities the power and provisions to adopt what are known as Dog Control Orders. (DCO's) The option of introducing DCO's within some parts of the Stroud District is being considered as part of the range of work being undertaken by the Corporate Enforcement Team (CET). Neighbouring Authorities, namely Cheltenham Borough Council and Gloucester City Council have already adopted these provisions.

Scope of the provisions

The Orders provide for 5 offences detailed as follows:

• Failing to remove dog faeces
• Not keeping a dog on a lead
• Not putting, and keeping, a dog on a lead when directed to do so by an authorised officer
• Permitting a dog to enter land from which dogs are excluded
• Taking more than a specified number of dogs onto land.

The penalty for committing an offence contained in a Dog Control Order is a maximum fine of level 3 on the standard scale (currently £1,000). Alternatively, the opportunity to pay a fixed penalty can be offered in place of a prosecution. The specific DCO's the Council is looking to introduce will be discussed in more detail at a later stage.

Which bodies can make DCO's?

Both primary (District Councils) and secondary (Town and Parish) Councils may make Dog Control Orders, provided they are satisfied that an order is justified and the authority has followed the necessary procedures.

The guidance issued to accompany the Act clearly states that it is important for any authority considering a dog control order to be able to show that it is necessary and a proportionate response to problems caused by the activities of dogs. The guidance specifically states that people, in particular children, should have access to completely dog free areas and areas where dogs are kept under strict control. The guidance also recognises the fact that dog owners should also have access to areas of land where they can let their dogs run free.

As a precursor to preparing and submitting a report to the Council's Cabinet, the Council wishes to consult and get the views of our residents and businesses to determine the level of support for dog control orders. As such we would welcome your specific thoughts on this matter.

The Council's Animal Welfare staff have also been liaising with the community at large, including schools, youth clubs, and sports clubs as part of their dog warden surgeries.

Costs

There will be costs associated with implementing DCO's within the district namely:

• Provision of signage in areas designated as dog control order zones.
• Erection of signage on either lamp posts or specially provided posts
• Advertising the orders in newspapers prior to adoption

Suitable signs are in the region of £2:50 per sign, based on previous costs for dog fouling signage. In previous cases, signs have been affixed to every third lamp post, along a footpath or alley way. This equates to a sign approximately every 100 metres which is deemed to be effective spacing. It is difficult at this stage to be cost specific as the areas subject to the control orders have not been finalised but if 10 footpaths and 10 children's play areas were identified, on the basis of 5 signs per footpath and 1 per play area, costs for purchasing signage could be in the region of £150 - £200 plus fixing. As the signs would be plastic with a metal banding type attachment, only those signs requiring special poles would need to be affixed by a contractor, the remainder could be fixed by Council staff.

The Clean Neighbourhoods and Environment Act 2005 makes it clear that Local Authorities can use the income generated from the service of fixed penalty notices for environmental projects. This could include the purchasing of suitable signs as mentioned above.

All enclosed children's play areas where play equipment is provided for children's use.

• Chalford - Alleyways either side of Bussage Primary School and up to Thomas Keble School
• Middle Hill allotments area and in and around Chalford Hill school
• Footpath between School Road and Larkrise, Cam
• Footpath from Cam Pitch past Hague Avenue (both in the Woodfields Estate), Cam
• Footpath between the school and the path to Green Lane adjacent to the plantation, Hardwicke
• Footpath from East Drive to south of Foxmoor School, Stroud.
• All allotments within the district