The fouling of land by dogs order 2008
Dog waste should be picked up and correctly disposed of on the areas of land in Eden listed below:
All land 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 fouls 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
The offence does not apply:
- To working dogs when actually working;
- If they have a reasonable excuse for failing to do so;
- If the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so; or
- 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.
Each of the following is a prescribed charity:
- Dogs for the Disabled (registered charity number 700454);
- Support Dogs (registered charity number 1088281);
- Canine Partners for Independence (registered charity number 803680).
- 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.
There are exemptions if the person responsible, is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
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.
Placing the faeces in a waste bin, 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 council litter bin;
Being unaware of the fouling, 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 the offence is currently £1,000.
How can I get rid of my dog's waste if I'm on land covered by this Dog Control Order?
Dog waste can be disposed of by wrapping and placing it in dog waste bins, litter bins or taking it home and placing it in a domestic bin.
Where are the dog waste bins?
The district is covered already by 95 dog waste bins, and over 350 litter bins. Residents' groups and parish councils can apply for more dog waste bins, but money for them is limited.