Councillors set to extend their power to control fouling by dogs

Dog owners who allow their pets to foul public areas look set to be targeted by Bradford Council across the entire district.

Councillors will tomorrow be asked to back moves to adopt a Dog Control Order which extends powers to serve fixed penalty notices for dog fouling to cover the whole district and to raise the fine from 50 to 80.

The order would include areas of land which are now exempt, including moorland, heathland, commonland and woodland.

Dog fouling was previously dealt with by the Dogs (Fouling of Land) Act 1996 and subsequent Bradford by-laws.

The Dog Control Order will replace the previous system of s and the 1996 act has now been repealed.

Since April 6, 2006, local authorities have been able to make Dog Control Orders under the Clean Neighbourhood and Environment Act 2005 (CNEA).

The CNEA allows authorities to tailor Dog Control Orders to suit the needs of the district.

The Dogs (Fouling of Land Act) 1996 applied to all open land owned by the council to which the public have right of access and some private land.

However, the act did not apply to certain land such as agricultural land, woodland, marshland, moors, heath, certain rural commons, to roads with a speed limit of over 40mp and verges running alongside such roads.

The proposed Dog Control Order would relate to any land within the city of Bradford Metropolitan district which is open to the air and to which the public is entitled or permitted to have access either with or without payment.

This would include all access land and other land in respect to major private landowners.

Members of Bradford Council’s Environment and Waste Management Overview and Scrutiny Committee will be advised to back the move when it meets tomorrow.

The final decision will be made by the council’s executive on October 1.

A report by council officers to be considered by the committee advises against maintaining the present system.

It says: “This is not recommended as there is limited incentive for dog owners to accept their responsibilities and keep their dogs under proper control in those areas not presently covered by the legislation.”

According to the report, dog fouling continues to be an issue due to irresponsible dog owners and stray dogs, causing a high level of complaints.

Complaints are on the rise, with the council receiving 632 in 2009/10; 490 in 2008/09 compared with 477 complaints in 2007/08.

The report also notes: “There are risks to the human population from dog faeces, particularly to young children and those playing contact sports. There is a danger to young children through ingestion of parasites contained in faeces that can cause blindness.

“There is also a danger to those playing sports because of the bacterial contamination of faeces which can affect an open wound.”

Assistance dogs are exempt from the exclusion Dog Control Order and people with learning disabilities that prevent them from doing so, are exempt from the order requiring the removal of dog faeces. Working dogs, such as sheep dogs, are also exempt. The cost of signs to inform dog owners about the orders would be 3,750.

The Act also gives local authorities further powers for dog control orders including requiring dogs to be on leads in specified areas, banning dogs from specific areas and the maximum number of dogs allowed to be walked at one time.

Councillors will be asked to support bringing the Dog Control Order into force from January 1, 2011.

Bradford Council is planning further consultation.