Dog Control Orders: The Dogs on Leads by Direction Order

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The Dogs on Leads by Direction Order - Summary

The Dogs on Leads by Direction Order is designed to be used when a dog is not under proper control and needs to be put on a lead.  It requires the person in control of a dog to put and keep it on a lead when told to do so by an authorised officer of the Council or Sussex Police.

This order applies to all land within the Borough of Hastings to which the public are entitled or permitted to have access.  An authorised officer may only give a direction under this order if, in their opinion, a dog is not under proper control and is likely to cause a nuisance or disturbance to other people or wildlife.

It does not replace the requirements of Section 3 of the Dangerous Dogs Act 1991 which covers the offence of having a dog dangerously out of control in a public place.

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The Clean Neighbourhoods and Environment Act 2005 -
The Dogs on Leads by Direction (Borough of Hastings) Order 2008

The Dog Control orders (prescribed Offences and Penalties, etc.) Regulations 2006 (S.I. 2006/1059)

The Dogs on Leads by Direction (Borough of Hastings) Order 2008

The Borough of Hastings (in this Order called 'the Authority') hereby makes the following Order:

1. This Order comes into force on 25 March 2008.
2. This Order applies to the land specified in Schedule 1.

Schedule 1

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).

3. In this Order 'an authorised officer of the Authority' means an employee of the Authority who is authorised in writing by the Authority for the purpose of giving directions under this Order.

Offence

4. (1) A person in charge of a dog shall be guilty of an offence, at all times, if on any land to which this Order applies, he does not comply with a direction given him by an authorised officer of the Authority to put and keep the dog on a lead 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) For the purposes of this 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. an authorised officer of the Authority may only give a direction under this Order to put and keep a dog on a lead if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause annoyance or disturbance to any person (on any land to which this Order applies) or the worrying or disturbance of any animal or bird.

Penalty

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

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