Decision - Dog Control Orders

1.     That the making of an order pursuant to Section 55 of the Clean Neighbourhoods and Environment Act 2005 providing for offences relating to the control of dogs in respect of land within Brighton & Hove be agreed. The Dog Control Order shall relate to:-

(a)  the removal of dog faeces,

(b)  for keeping of dogs on leads

(c)  the exclusion of dogs.

 in respect of land  specified in appendix 3.

2.     That the level of fixed penalty for contravening a dog control order be set at £80.00.

3.     That the commencement of the Dog Control Order from Midnight 31st December 2008 be approved.

1.     The proposed final scheme consolidates and streamlines the existing bylaws making them simpler, easier to understand and follow. The new rules follow a risk based approach, in particular they have focussed on reducing the risk of toxocara transmitted to children (dog exclusion areas), of road traffic accidents (dogs on leads in urban areas), dogs out of control (dogs on a lead when asked to do so). It has also mirrored public opinion from the results of the 2 consultations.

2.     In terms of the beaches only 10% of those respondents who mentioned the issue of beaches agreed with the second consultation proposal to exclude dogs from the beaches during the summer months. 82% of the public responses wanted a mixed use of dog friendly and dog exclusion on the beaches during the summer months. 8% of respondents wanted dogs to be allowed on all beaches all year round. This was also confirmed by 72% of the respondents from the citizen’s panel who wanted some mix of designated beaches and summer restrictions. Consequently in view of public opinion it has been recommended to keep the existing system of dog friendly beaches between the months of May and September inclusive.

3.     With regard to the golf courses. The first consultation received representations from the golf courses asking for some dog restrictions in this area and this option was consequently tested by public opinion during the second consultation. 54 of public respondents who mentioned the golf courses believed there should be no dog controls compared to 4 respondents that felt that there should be dog controls. It is therefore recommended that there should continue to be no dog controls on the golf courses.

4.     During the first consultation the Children and Young Peoples Trust asked that playing fields of specified schools be included as dog exclusion areas. There was only one objection to this during the second consultation, in respect of BHASVIC. It is therefore recommended that the school playing fields listed in Appendix 3 are included as dog exclusion areas.

5.     The first and second consultation highlighted that residents living next to the small city centre historic squares, William Sutton Park and Saunders Park, wanted these areas to continue to be dog free. Historic bylaws already include city centre squares and these 2 parks as dog exclusion areas. For the city centre squares, many residents living in these areas live in flats with no outdoor area and consequently the squares are used by families with young children. It is recommended that the squares and the 2 parks specified in Appendix 3 continue to remain dog exclusion areas.

6.     During the first consultation the Council Life Events Service requested that the cemetery bylaws relating to dogs were included in the new scheme. The cemeteries listed in Appendix 3 were included in the second consultation. There was limited feedback from the public regarding this issue. It is therefore recommended that the cemeteries listed are dog exclusion areas with the following exemptions;  any person attending a funeral or remembrance service, visiting a grave of a loved one, or a person residing in premises of the specified cemeteries dogs must be kept on a lead at all times.

7.     The undercliff walk was an area that was commented on by the public during the second consultation. Interestingly those that commented felt that the council was proposing to create new rules for this area whereas the current bylaws already require dogs to be on a lead. Due to the feedback from the public it is recommended that the undercliff walk becomes a dog off the lead area.

8.     Rottingdean Parish Council commented in detail during the second consultation. New rules that were suggested included the school grounds of primary schools, Longhill School, beach restrictions and some open spaces restrictions with exemptions for older persons. It is recommended that some of these comments are taken on board including dog exclusions for Longhill School playing fields and the Kipling Gardens. It is also recommended to keep the existing system of dog friendly beaches during May to September inclusive.

9.     New guidance has been issued by Defra stating that the level of fines that can be set for offences within a dog control order is £50 - £80. Where a fine is not set by the local authority the fine is to be £75. It is therefore proposed that the fine for each dog control offence should be set at the maximum of £80.

10.If Cabinet agree the final scheme it must then decide when the order will come into force. This must be at least 14 days from the date on which the order was made. It is recommended that the scheme comes into force at midnight on 31st December 2008. The lead in time will allow for the assessment and provision of new signage across the city and allow the new scheme to be publicised.

11.At least 7 days before the order comes into force the authority must publish a notice in a local newspaper stating that the order has been made and where the order can be inspected. It is the aim of the Animal Welfare Team to have a guide to the new rules available at City Direct Centres and Housing Offices. A copy of the scheme will be available on the council’s website.

1.     Alternative options were considered for the beaches, golf courses and under-cliff walk. Rottingdean Parish Council also requested additional dog controls for the Rottingdean area.

2.     The beach issue was the most commented on by the public during the second consultation exercise. The second consultation received 460 public representations, a 2,500 signed petition from the “ Barking Mad “ campaign and 823 respondents from the citizen’s panel.