Dog Control Orders

What you need to know:

Under Section 55 of The Clean Neighbourhoods and Environment Act 2005 the Council has introduced a Dog Control Order. This will replace the previous system of byelaws for the control of dogs and also the Dogs (Fouling of Land) Order.

The Dog Control Order covers three offences:

1. Failing to remove dog faeces.
2. Not keeping a dog on a lead.
3. Permitting a dog to enter land from which dogs are excluded.

From 12 May 2008, anyone who commits an offence under any of the provisions of the Dog Control Order may be issued with a £75 Fixed Penalty Notice or be liable upon conviction in the Magistrates Court of a fine up to £1000.

Dog Fouling

This provision applies to any land, which is open to the air, and to which the public are entitled or permitted to have access (with or without payment) within 200 metres of a public highway which is subject (otherwise than temporarily) to a speed limit of 40 miles per hour or less.

The offence does not apply:

• To working dogs when actually working.

• If the person is registered as blind or has a physical disability which prevents them complying. The exemption covers only dogs trained by specified registered charities upon which such people rely on for assistance.

• If the person in control of the dog has the consent of the owner or occupier of the land not to pick up the faeces.

Dogs on leads

This provision applies to:

• All parts of the road, carriageways, footpaths, footways, alleyways, yards and verges which the public are entitled or permitted to have access (with or without payment) and which are within 200 metres of a public highway which is subject (otherwise than temporarily) to a speed limit of 40 miles per hour or less.

Also included are:

• allotments owned by us (for list see Eden's Dog Control Orders)

• the Castle Park

• Cemeteries in Penrith, Appleby, Alston, Nenthead and Garrigill.

The offence will not apply to:

• Working dogs when actually working.

• Areas of open space

Dog Exclusion

It will be an offence for any person in charge of a dog to permit a dog to enter:

• Any fenced or enclosed children's play areas (for list see Eden's Dog Control Orders)

• Castletown Recreation Field, Penrith

• Frenchfield Sports Pitches, Carleton

For Further Information

• Telephone: 01768 817817

• Email: pollution@eden.gov.uk

Alternatively the following websites contain useful information on Dog Control Orders:

• Department of Environment Food and Rural Affairs website for guidance on Dog Control Orders.
• Office of Public Sector Information website for:
  • The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006
  • The Dog Control Orders (Procedures) Regulations 2006