Environment and Planning >> Dog Control Orders

Dog Control Orders: The Fouling of Land by Dogs Order

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The Fouling of Land by Dogs Order - Summary

The Dog Fouling Order applies to all land within the Borough of Hastings and requires any person in charge of a dog to immediately remove any dog fouling that their dog has produced and to dispose of it properly.  This requirement has not changed from the previous legislation made under the Dogs (Fouling of Land) Act 1996.

'Land' in this case means any land that the public are entitled or permitted to have access to and is open to the air.  It does not apply to private land where the public are not permitted to have access.

A person is guilty of an offence unless they have a reasonable excuse for failing to comply with the control order.  In the case of dog fouling not knowing a dog has fouled, or not having the means to clear it up e.g. a bag, are not reasonable excuses.

Examples of the type of land to which the dog fouling order applies:

• Parks and public open spaces
• Town centres, shopping areas
• The sea front including the promenade, beach and foreshore down to the waters edge
• Roads, pavements, public footpaths, byways, bridleways etc
• Woodlands, but not Forestry Commission land
• Agricultural land where the public have access
• Common land

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The Clean Neighbourhoods and Environment Act 2005 -
The Fouling of Land by Dogs (Borough of Hastings) Order 2008

The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2005 (S.I. 2006/1059)

The Fouling of Land by Dogs (Borough of Hastings) Order 2008

The Borough of Hastings hereby makes the following Order:

1. This Order comes into force on 25 March 2008.

Schedule 1

2. This Order applies to all land which is open to the air and to which the public are entitled or permitted to have access (with or without payment) within the Borough of Hastings (shown delineated in red on Map 01)

Offence

3. (1) If a dog defecates at any time on land to which the Order applies and the person who is in charge of the dog, at that time, fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless:

1. he has a reasonable excuse for failing to do so; or
2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

(2) Nothing in this article applies to a person who:

1. is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
2. has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he relies for assistance.

(3) For the purposes of the article:

1. a person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog
2. placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the land
3. being aware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces
4. each of the following is a 'prescribed charity':
   1. Dogs for the Disabled (registered charity number 700454).
   2. Support Dogs (registered charity number 1088281).
   3. Canine Partners for Independence (registered charity number 803680).

Penalty

4. A person who is guilty of an Offence under Article 3 shall be liable on summary conviction to a fine not exceeding Level 3 on the standard scale.

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