Dog Control

The Fouling of Land by Dogs (North Norfolk District Council) Order 2008

CLEAN UP AFTER YOUR DOG - WHEREVER YOU ARE

A dog fouling order came into force on 1 January 2008 making it an offence not to clean up after your dog in any public area in North Norfolk.

The new rules, brought in under the Clean Neighbourhoods and Environment Act 2005, simplify the existing provisions that have applied in the District.

Anyone who allows their dog to foul, and who does not clean it up, in public areas - or on private land that is open to the public - will be subject to an £80 fixed penalty notice (£60 if paid within 10 days). If they refuse to pay the fixed penalty, action in the magistrates' courts could result in a fine of up to £1000 on conviction.

Until now, dog fouling has been prohibited by the Dogs Fouling of Land Act 1996 which covered parts of the District covered by 40mph speed limits, as a way of preventing fouling within populated areas. The new order does away with that confusion and applies across the whole District, so it includes out-of-the-way beauty spots that are popular with people and families as well as those walking their dogs.

There are exemptions and exceptions. Any land owned by the Forestry Commission (like Bacton Wood) is outside the scope of the order, and if the land is privately-owned, NNDC will only take action for dog fouling if the landowner approves.

Popular dog-walking spots largely have red bins provided for throwing away dog mess. If there are no bins, dog owners should collect their pets' mess in a bag and dispose of it at home, by double wrapping the mess and placing it in a domestic waste bin.

The new order has been subject to public consultation and people's views were considered by the Council's Animal Control Working Group earlier this year.

The Fouling of Land by Dogs Order 2008 (.PDF 23KB)

A list of frequently asked questions can also be downloaded here.

Current Dog fouling Legislation

The Council's Animal Control Team enforces legislation affecting dog fouling, and is able to put up signs to help prevent fouling. Please contact The Environmental Protection Team on (01263) 516189 for further information, advice or to report a complaint.

• You must clean up after your dog if it fouls. Failure to do so is an offence under the The Fouling of Land by Dogs Order 2008 .
• Please carry "poop scoops" or something similar to use to clean up after your dog. Disposal bins for these are provided in some areas.

Reporting Lost and Stray Dogs

NNDC receives complaints from members of the public concerning stray dogs and is currently required to collect, house and if necessary dispose of unclaimed dogs. In the majority of cases the Environmental Health Animal Control Officer can only respond to incidents where a stray dog is contained. The service is provided Monday to Friday, between the hours of 8.30 am and 4 pm. The police no longer have a duty to receive and deal with any stray dog taken to their stations by members of the public. Anyone finding a stray dog should contact the Environmental Protection team on 01263 516085 or 01263 513811 (out of hours - an answer phone message will provide the relevant contact details).

Outside office hours there are no formal collection / reception facilities available for stray dogs. We currently have limited resources available for the collection and reception of dogs at weekend. For the interim we would ask members of the public to contact us when they have found a dog so that, where possible, we can arrange collection of the stray. However, there will be occasions when the finder will be asked to retain any dog they may find, at their own premises, until the morning of the next working day.

We are working to identify suitable reception facilities for the retention of stray dogs.

1 COLLAR & TAG CONTROLS

Orders made under the Animal Health Act 1981 require dogs when in public place to wear a collar and tag giving the name and address of the owner. We routinely check strays for microchips and would encourage their use however, they are not a substitute for a collar and tag as they can provide erroneous details i.e. the owner may have changed or moved address and the chip company has not been updated. Microchipping services can be provided by local veterinaries.

2 STRAYING DOGS

2.1 Dog straying unsupervised in an area

Experience has shown that, in the majority of these cases, the offending animal will disappear before an officer can arrive and/or the dog is unapproachable, running off at the first opportunity. For these reasons no immediate response is provided. Should the dog stray to a regular pattern, the Animal Control Officer may visit the area on a proactive basis, at the most appropriate time. If the dog's owner is known the Animal Control Officer may elect not to visit the area but to send a letter advising of the dog's straying, requesting that the owner ensures the dog is contained. In many cases the owner is unaware that the dog has escaped and the matter is resolved. Where the owner or keeper of a dog which persistently strays is known, they will receive formal notification of each incident once the dog has been transported to the Council's contract kennels. The kennel will hold the dog for seven days after the owner or keeper has been notified that the dog has been removed to kennels. The owner or keeper will then have to visit the Council's contract kennels and pay the fees before being reunited with the dog.

2.2 Dog straying around a school/playground

Due to the anxiety and potential hazards to children, the Animal Control Officer will respond to this type of complaint as soon as reasonably practicable. Again, if the Animal Control Officer is unable to capture the dog but its owner is known, he may send a letter advising of the dog's straying, requesting that the owner ensures the dog is contained.

2.3 Dog straying in an area and acting aggressively

The Council has no jurisdiction under the Dangerous Dogs Act. Any such incidents should be reported immediately to the Police as the responsible authority. The police may request that the Animal Control Officer attend to assist them in a support role however incidents involving dangerous dogs will be led by the Police.

3 FINDING A STRAY DOG

3.1 Responsibilities of the Finder of a Stray

Any member of the public who takes possession of a stray dog is required by the Environmental Protection Act 1990 to either

• Return the dog to its owner or
• To report it to the Council. Please note there are no kennelling facilities at the Council offices therefore please contact us in the first instance regarding the collection of stray dogs. (Please see Reporting Lost and Stray Dogs section above.)

We do not encourage the finder of a stray to keep the dog but prefer to remove the dog to kennels until it is claimed or can be rehomed.

3.2 Stray dog held temporarily by member of public

Where a member of the public contacts us having found and contained a stray dog and requesting the dog to be collected, the finder will be asked to retain the dog for at least one hour. In many circumstances the dog is reunited with its owner within a few hours of us being notified of the dog being found hence we ask that the finder retains the dog for that period of time. If it is not possible for the finder to retain the dog every endeavour will be made to remove it to the Council's contract kennels at the earliest opportunity.

We will notify the finder of an estimated time of arrival for collection of the dog so that it can be transported to the Council's contract kennels.

4 SEIZURE AND RETURN OF A STRAY DOG

The Environmental Protection Act 1990 requires the Animal Control Officer to seize, where practicable, a dog which he believes to be a stray, house it for a statutory period and, if not claimed, dispose of it. All reasonable enquiries will be made to ascertain the owner/keeper's name and address. If the dog is wearing an identity disc, or the owner's address is known, all attempts will be made to reunite the dog with its owner or keeper. On return of the dog, the owner or keeper will be verbally warned of future occurrences and sent a written notification of the incident.

Second or subsequent occurrences of a stray dog will lead to it being removed immediately upon seizure, to the Council's contract kennels.

6 DOGS IN COUNCIL CARE

A dog in the Council's possession, requiring veterinary care, will receive it. In some circumstances, on the Vet's advice, a dog may require destruction rather than treatment and this is allowed within legislation. All vets fees incurred will be paid for by NNDC but recovered from the dog's owner wherever possible.

7 CLAIMED DOGS

Owners wishing to claim dogs should contact the Counci offices and will be informed where the dog is being held. The dog will not be released unless the person claiming it can provide a full description of the dog, which correctly identifies it. Owners will be asked to pay the statutory release fee and all associated kennelling and veterinary costs and to sign a release certificate before the dog is handed over to them.

7.1 Unclaimed Dogs

All kennelling and vet fees incurred during the 7 clear days detention period will be paid by NNDC. NNDC has a policy of rehoming and will only destroy a dog where there is no other suitable course of action.

8 LOST DOGS

If a member of the public advises us that they have lost their dog and want to know if it has been collected by the Council officers, they should phone 01263 516085 during office hours. (Monday to Thursday 8.30 am to 5 pm, Friday 8.30 am to 4.30 pm.) Please phone 01263 513811 out of office hours.

On receipt of such a call records of found or seized dogs will be checked and, if the dog is not listed, details of the loss will be recorded.

If the dog is listed on the Found Dog Register, then the caller will be advised from where they can collect their dog.