Neighbourhood Watch Message - 9 May 2012
Your Responsibilities as a Dog Owner
I have recently seen notices around the Village about noisy dogs and have heard about dogs fouling and not legally under control i.e. roaming without their owner.
Firstly, the vast majority of dog owners in the Village always have their dogs under control and pick up after their dogs whilst out giving them exercise.
However, in case you are the exception I have laid out below current controls under which Cornwall Council can take action.
Barking dogs: Environmental Protection Act 1990
Whilst dogs are allowed to bark, they are not allowed to bark so that it causes a nuisance. It is a matter of fact and degree in each case and factors that may be taken into account include the volume, duration of the barking and the time of day it happens. If a complaint is made to a Council, they have a duty to investigate it. The Council may serve a Noise Abatement Notice and if the barking continues then they may prosecute under the Environmental Protection Act 1990. The likely penalty is a fine.
Clean Neighbourhoods and Environment Act 2005
It gives Councils the power to make orders regarding dogs in their area providing the offence relates to the control of dogs if it relates to one of the following matters: -
- Fouling of land by dogs and the removal of dog faeces;
- The keeping of dogs on leads;
- The exclusion of dogs from land;
- The number of dogs, which a person may take on to any land.
It is not an excuse, in law that you were not aware of the fact that the dog had fouled - so you can be held responsible even if you did not see the incident, or if it is witnessed whilst the dog is straying.
The Council has the power to issue fixed penalty fines of £80 for the above.