Issue - meetings

Dog Fouling Order

Meeting: 11/02/2020 - Cabinet (Item 52)

52 Dog Fouling Order pdf icon PDF 86 KB

Additional documents:

Minutes:

To review four Orders that would cease to have effect on 20th October 2020 and to consider the need for these to be extended or replaced if the Council wished to continue to have the power to take action in respect of dog fouling and nuisance behaviour.

 

The report was considered by the Community Overview and Scrutiny Panel on 3 February 2020 that supported the recommendations for the Dog Fouling Order, subject to the following points referred to in the report not being removed:

 

·         keep a dog on a lead in specified areas

·         stop a dog from entering a specified area

 

Although these aspects had not been used, Committee members thought that it was important to maintain those two Orders because of their deterrent value. Committee members suggested that there was strong community support for excluding dogs from children’s play area, sports pitches, etc.

 

Options considered:

 

1.    The Council could choose to extend the current Orders in the current format. However, this would not provide an opportunity to (i) address the issue of failure of those under the age of 16 to remove faeces, or (ii) make it an offence for a suspected offender to fail to provide an Authorised Officer with their correct name and address.

 

2.    The Council could choose to extend/replace the Dog Exclusion and Dogs on a Lead Orders but it would be difficult to demonstrate the need to do so given that the powers have not been used.

 

3.    Alternatively, the Council could choose to not replace the current Orders when they expire and no longer take enforcement action in respect of dog fouling.

 

DECISION:           

 

1.    That it be agreed to carry out public consultation on the draft Order appended to this report subject to the inclusion of the following:

 

·         keep a dog on a lead in specified areas

·         stop a dog from entering a specified area

 

2.    That the subsequent draft Order be approved by Delegated Decision unless the responses from the consultation necessitate material changes to the draft Order.

 

3.    In the event of a new order being approved prior to 20th October 2020, formal notice of discharge of the existing Orders should be published simultaneously with the introduction of the replacement Order.

 


Meeting: 03/02/2020 - Community Overview & Scrutiny Panel (Item 175)

175 Dog Fouling Order pdf icon PDF 86 KB

Additional documents:

Minutes:

The Panel gave its consideration to a report which detailed proposed changes to the Dog Fouling Order,  which was due to cease to have effect on 20th October 2020.

 

Staffordshire Moorlands was currently covered by four Orders which made it an offence if a person in charge of a dog at the relevant time did not:

·        remove dog faeces forthwith if the dog defecated;

·        put and keep a dog on a lead if required to do so by a Council Officer to prevent the dog causing annoyance or disturbance to any other person or the worrying or disturbance of any animal or bird;

·        keep a dog on a lead in specified areas;

·        stop a dog from entering specified areas.

 

The Orders would cease to have effect and thus need to be extended or replaced if the Council wished to continue to have the power to take action in respect of dog fouling and nuisance behaviour.

 

The latter two orders (Dogs on a Lead Order and Dog Exclusion Order), had not been used since their introduction in 2011. It was proposed that these Orders be allowed to expire in October 2020. The Panel had concerns in relation to this proposal and did not want these orders to expire.

 

DECIDED:

 

The Panel RECOMMENDED CABINET:

 

1)    NOT to allow the (Dogs on a Lead Order and Dog Exclusion Order) to expire;

 

2)    AGREE to carry out public consultation on the draft Order appended to the report;

 

3)    Subsequently APPROVE the draft Order by Delegated Decision unless the responses from the consultation necessitate material changes to the draft Order;

 

4)    In the event of a new order being approved prior to 20th October 2020, formal notice of discharge of the existing Orders should be published simultaneously with the introduction of the replacement Order.