Eden's Dog Control Orders

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

On the 12 May 2008 Eden District Council the following Orders came into force:

• The Fouling of Land by Dogs (District of Eden) Order 2008
• The Dogs on Leads (District of Eden) Order 2008
• The Dogs Exclusion (District of Eden) Order 2008

For all three orders, 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.

Fouling of Land Offence

This order applies to all land in the District of Eden which is open to the air and to which the public are entitled or permitted to have access (with or without payment) and which is within 200 metres of a public highway which comprises or includes a carriageway which is subject otherwise than temporarily to a speed limit of 40 miles per hour or less, except for "access land" within the meaning of the Countryside and Rights of Way Act 2000.

If a dog defecates at any time on land to which the Order applies and a person who is in charge of the dog at that time fails to remove the faeces from the land immediately, 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.

There are exemptions if the person responsible,

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. 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).

In addition, placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be a sufficient removal from the land. In Eden's case, this means taking the waste home and putting it in a blue sack, or putting it in a dog waste bin or a litter bin;

Being unaware 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;

The penalty for someone who is convicted in the Magistrates Court as guilty of an offence is currently £1,000.

Dogs on Leads

On the areas of land in Eden listed below, all dogs should be kept on leads:

All such parts of the roads, carriageways, footpaths, footways, alleyways, yards and verges which are open to the air and to which the public are entitled or permitted to have access and which are within 200 metres of a public highway which comprises or includes a carriageway which is subject otherwise than temporarily to a speed limit of 40 miles per hour or less except for "Access Land" within the meaning of the Countryside and Rights of Way Act 2000 and any rights of way crossing Access Land.

The allotment gardens on the land adjacent to:

• Folly Lane, Penrith
• James Street, Penrith
• Salkeld Road, Penrith
• Brackenber Court, Penrith
• Castle Park, Penrith

The cemeteries on land:

1. at Beacon Edge, Penrith
2. to the South-east of Foulard Rigg, Nenthead
3. to the South of The Firs, Alston
4. at Bongate Cross, Appleby
5. to the North of Low Houses, Garrigill

Exclusion of dogs from land

Dogs are banned from the following areas:

• Frenchfield sports pitches, Carleton, Penrith
• Castletown Recreation Field, Gilwilly Road, Penrith

The following fenced or otherwise enclosed children's play areas in the District of Eden:

• Appleby
  • Barrowmoor - open space behind Barrowmoor Road/Margaret's Way King George V Field - park adjacent to Broad Close car park
• Bampton - playing field opposite school
• Bolton - behind village hall
• Clifton - adjacent to school
• Crosby Ravensworth - behind bus shelter
• Great Asby - at far end of village
• Kirkby Thore - Behind Village Hall
• Penrith
  • Carleton Heights - open space adjacent to Birch Close
  • Castletown - playing field, Mill Street
  • Milton Street - open space adjacent to Milton Street
  • Pategill - open space off Prince Charles Close
  • Scaws - open space adjacent to Pennine Way
  • Laithes - adjacent to first house on left (from Penrith)
  • Newton Reigny - adjacent to bridge
  • Shap - adjacent to swimming pool
  • Soulby - adjacent to bridge
  • Tebay - alongside South Terrace
  • Tebay - by Tennis Courts Tebay
  • Threlkeld - playing field adjacent to school

For further details:

• Telephone: 01768 817817
• Email: pollution@eden.gov.uk