PAPER C

 

FIRE & PUBLIC SAFETY SELECT COMMITTEE – 13 JANUARY 2003

 

DOG CONTROL

 

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

REASON FOR SELECT COMMITTEE CONSIDERATION

To provide the information as requested by the Fire and Public Safety Select Committee held on 15 July 2002. In addition to provide an up date activity report of the activities undertaken by the Dog Wardens

 

ACTION REQUIRED BY THE SELECT COMMITTEE

For information only.

 

BACKGROUND

At the Fire and Public Safety Select Committee meeting held on 15 July 2002 Members requested that Officers investigated the possibility of:

 

1. Making public the names of those people who have been issued with dog fouling fixed penalty notices.

 

The Legal Department were concerned that if we were to publish names there may be a Human Rights issue. The general understanding of a fixed penalty notices is that the offender pays a fine without the need for taking expensive legal action in the courts. On payment of the prescribed fine the matter is forgotten.  Much as it is with a parking ticket etc. We are not aware of any Local Authority who has advertised names.

 

The contractors were also consulted and they thought it could lead to greater confrontation between the Dog Warden and the offender. Currently the Dog Wardens are able to defuse situations by saying “if you accept the fixed penalty notice no further action will be taken, but if you refuse action could be taken in the magistrate’s court which could ultimately lead to a fine of up to £1000 and your name in the local press”.

 

The majority of fixed penalty notices are paid within the permitted period. On the very few occasions payment is not received Legal Services are contacted and payment is received very quickly following their intervention. There has been only one occasion when no payment has been received; this was due to an incorrect name and address being given to the Dog Warden.

 

2. Introducing a ban for dogs on all sports fields and play areas throughout the Island.

 

This is a possibility however each area would have to be identified and a byelaw created.

 

Dog ban byelaws have been successfully created in parks and gardens in the past where areas have been fenced off restricting access to dogs. Many of the playing fields and play grounds are currently open and therefore considerable expense could be incurred if Members decided to implement such Byelaws.

 

The general public have the opportunity to comment prior to any byelaw being signed and sealed. It is envisaged that there would be a considerable amount of resistance to dogs being completely banned from recreational areas. This has currently been highlighted by a single objection to an extension to a beach ban byelaw resulting in the need to start the whole process again.

 

Dogs do require regular exercise and preventing them from using playing fields could lead to dogs being exercised on roads and streets therefore causing an obvious danger to the road users. It should also be noted that dogs are banned from a number of the Island’s beaches during the summer months, again reducing the number of suitable areas available to dog owners.

 

All areas on the Isle of Wight where the public have the right of access are covered by Dogs (Fouling of Land) Act 1996. Enforcement of this legislation along with extensive educational activities should lead to a gradual reduction in fouling levels.

 

Fouling survey 

The next fouling survey is scheduled for week commencing 06/01/03. The survey included the sixteen known problem areas previously reported and 50 roads or streets which were randomly selected. The results of the survey if required can be reported at a future meeting.

 

Activity Report

 

Activity

1999/2000

2000/2001

2001/2002

01/04/02 to 30/09/02

Total complaints about dogs

1381

1916

1395

734

Complaints about dog fouling

311

320

236

77

Fouling prosecutions

51

-

-

-

Fixed penalty tickets for fouling

-

39

39

27

Strays seized

249

207

193

109

Educational Talks

(Schools)

Not Known

Not Known

Not Known

10

 

 

RELEVANT PLANS, POLICIES, STRATEGIES AND PERFORMANCE INDICATORS

A reduction in fouling levels is a local performance indicator.

 

 

CONSULTATION PROCESS

The Council’s Legal Department and the Dog Warden Service Contractor were each consulted regarding naming people who had been issued with a dog fouling fixed penalty notice.

 

 

FINANCIAL, LEGAL, CRIME AND DISORDER IMPLICATIONS

None.

 

APPENDICES ATTACHED

None.

 

BACKGROUND PAPERS USED IN THE PREPARATION OF THIS REPORT

 

Report and minutes of Fire and Public Safety Select Committee held on 15 July 2002.

 

Contact Point: Barrie Monks, Environmental Health Manager

F 823151 and e-mail [email protected]

 

 

 

JOHN PULSFORD

Strategic Director of Finance and Information