Nuisance Created by Dogs

There is specific legislation concerned with the control of dangerous dogs but there are also many other problems concerned with any kind of dog in the local authority such as dog mess or dogs not been kept on leads in local public areas.

The Clean Neighbourhoods and Environment Act 2005

The Clean Neighbourhoods and Environment Act provides local authorities with the power to make an order providing for an offence or offences relating to the control of dogs in respect to any land which the act applies to.

This is termed a dog control order.

Dog Control Orders

Under the Act an offence relates to the control of dogs if it is in relation to one of the following activities and can therefore be the subject of a dog control order:

  • The fouling of land by dogs and the removal of dog faeces
  • The keeping of dogs on leads
  • The exclusion of dogs from land
  • The number of dogs which a person may take on to any land

Examples of these kinds of orders would be in relation to making sure dogs are kept on leads when on the roads and also making sure that dogs are excluded from certain areas of local parks – i.e. the playing fields where sport takes place.

Who can make a dog control order?

According to the Clean Neighbourhoods and Environment Act the following primary and secondary authorities are able to make dog control orders:

Primary Authorities

The following are Primary Authorities:

  • A district council in England;
  • A county council in England for an area for which there is no district council;
  • A London borough council;
  • The Common Council of the City of London;
  • The Council of the Isles of Scilly;
  • A county or county borough council in Wales

Secondary Authorities

The following are all Secondary Authorities:

  • A parish council in England;
  • A community council in Wales
  • Land to which Dog Control Orders can be applied

Examples of the kind of land which can be subject to dog control orders are as follows:

  • Lands such as playgrounds and play areas which are likely to be used by children
  • Land where dogs could affect the enjoyment of others using an area of land , such as a park that is used by people to enjoy a picnic
  • Sports fields where organised sports take place on a regular basis
  • Section 57 of the Clean Neighbourhoods and Environment Act states that it shall apply to any land which is open to the air and to which the public are allowed to have access to without payment.

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For more information on:

  • Exemptions to Dog Control Orders
  • Penalties
  • Fixed Penalty Notice
  • Dog Control Orders (Procedures) Regulations 2006
  • Procedures before a Dog Control Order
  • Procedures after a Dog Control Order