Fixed Penalty Notices for Litter and Dog Fouling
Fixed Penalty Notices for Litter and Dog Fouling
Report to: Executive Cabinet | Report of: Borough Solicitor
Date: 9th July 2003
Portfolio Holder
- Cabinet Deputy for Co-ordination Services
- Cabinet Deputy for Community Services
- Cabinet Deputy for Environmental Services
Report Summary
To put in place a more effective Litter and Dog Fouling Enforcement Regime that helps Tameside become a cleaner, safer, more attractive place to live, work and visit, by assisting the Council to improve the environment and reversing the trend of rising dissatisfaction with the cleanliness of the borough due to the conduct of irresponsible citizens
Recommendation
That the Cabinet recommend the Council to:
- Authorize the Borough Solicitor to make a new Designation Order replacing the Tameside MBC (Fouling of Land by Dogs) Order 1997 to include the whole of the administrative area of the borough of Tameside.
- Adopt the Fixed Penalty Notice Regime in relation to Dog Fouling and Littering as provided by the Dogs (Fouling of Land) Act 1996 and the Environmental Protection Act 1990 and Regulations made there under.
- Authorize the Head of Service with responsibility for the Town Patrollers to issue Fixed Penalty Notices in relation to Dog Fouling and Littering
Financial Implications
There will be the initial advertising costs associated with implementing the new Order (approximately £1,000) together with the costs required for the signage needed throughout the Borough advising of the offences (approximately £10,000) - all of which needs to be met from the existing community safety budget. It should be noticed that the Fixed Penalties collected, namely £50, are payable to the Secretary of State and does not form part of Council Income.
(Authorised by Borough Treasurer)
Legal Implications
As set out in the Report
(Authorised by Borough Solicitor)
Policy Implication
The proposal seeks to achieve the policy requirements set out in the Corporate Plan relating to the appearance of the Borough and also links into the Action Plan for the 'Year of the Environment'
Need for Decision
Links to Community Plan
The proposal links clearly with the Community Plan to provide a cleaner and greener environment
Report
1. Background
1.1 - The issue of littering and dog fouling has long been recognised by the Council and local people as a problem.
1.2 - Dog fouling is a major concern to many people, not just because of the mess it causes, but because it can be a health risk. Dogs may deposit ground worms, eggs (toxocara canis) in their faeces, which become infectious after about three weeks, and can remain so for up to two years. Anyone, but particularly children playing near to the ground, can run the risk of picking up and swallowing the eggs. The symptoms of toxocara infection range from aches, dizziness and nausea, to asthma and pneumonia, but also can, in some circumstances, cause blindness. There are approximately 30,000 dogs in Tameside. Each day they produce nearly 12 tons of dog mess. Much of this is left on footpaths and playing fields.
1.3 - A person who is in charge of a dog, may be guilty of an offence if she/he allows the dog to defecate on designated land and fails to remove the faeces - Dogs (Fouling of Land) Act 1996.
1.4 - Litter includes food and small items such as cigarette ends, as well as large items such as bags, or food and drink containers. Dropping and leaving litter on a road or public open space, is an offence under the Environmental Protection Act. This also includes throwing litter from a car. A Magistrates Court can impose a fine of up to £2,500.
1.5 - Over the past few years, the Council has engineered a partial solution by providing litter/dog bins and signage. It has also tried to educate by promoting through various awareness campaigns, responsible behavior towards littering and looking after dogs. However, whilst these methods have had an impact of an effect, it is now imperative that a more effective enforcement regime is introduced for those people who fail to act responsibly.
1.6 - Whilst the Council has taken a number of successful prosecutions in the region of 150 in the last three years relating to dog fouling, prosecutions are expensive and time consuming and unfortunately, usually only result in fines at the same level set by the Statutory Fixed Penalty Notice, i.e. £50. Undoubtedly, this is because whilst the Magistrates can impose the maximum penalty of £1,000, they are influenced by the level of the penalty set by the legislation. Consequently, Fixed Penalty Notices offer a speedy, cost effective way of enforcing the Act. In particular, it should increase the level of enforcement as a consequence of the following factors:-
- It will allow for an escalation of enforcement penalties as in the event of non-payment of the Fixed Penalty, proceedings will be issued in the Magistrates, and undoubtedly, the Magistrates will at that point consider their powers to fine up to £1,000 because of the very fact that the Defendant had an opportunity to avoid wasting Court time by paying a penalty charge of £50. It is also envisaged that this would apply in respect of a repeat offender and it is proposed that the Council adopts a policy that two strikes in relation to the same offence will also result in a prosecution.
- It will allow the Council to take action against young offenders, either directly or in default through their parents.
- It will substantially reduce the administrative process required to be undertaken by the Town Patrollers in undertaking prosecutions, as there will be significantly reduced paperwork and consequently, it will free up the resources of the Town Patrollers to undertake more enforcement duties.
2. The Operation of a Fixed Penalty Scheme
2.1 - This is intended that the Town Patrollers will stop offenders when they see them committing an offence and obtain the necessary details from them in order that a Fixed Penalty Charge can be issued. The offender will then be sent a Notice stating the identity of the offender, the circumstances alleged to constitute the offence, and the time period during which the Penalty may be paid before criminal proceedings are commenced (this must be a minimum of 14 days), the amount of the Fixed Penalty and the person to whom, and the address at which the Penalty may be paid. The offender then has an opportunity to discharge any liability for a conviction for the offence by the payment of a Fixed Penalty. The Penalty currently stands at £50. It should be noted that the Penalties collected are required to be passed on to the Secretary of State and do not form part of the Council's income. A failure to pay the Penalty automatically renders the offender liable to a prosecution.
2.2 - The details as to how it will operate are set out in the attached series of questions and answers at appendix A which is proposed will be put on the internet to explain to members of the public how the enforcement process will operate.
3. Areas Covered
3.1 - In relation to littering, the Act automatically applies to any public open place and also to highways, land owned by the Authority, crowned land and land of educational institutions.
3.2 - However, in relation to dog fouling, it is up to the Local Authority to determine what land they intend to designate. The offence under the Dogs (Fouling of Land) Act 1996, makes it an offence to fail to clean up after your dog on designated land. In accordance with Home Office guidance at the time, it was necessary to designate land such as parks, cemeteries, schools, footways etc on an individual basis depending on the level of the problem. Consequently, whilst large areas of open land have been designated within the Borough and are covered by the Order, not all the land which the public has access, which can be designated, has been. Consequently, it is often the case that before any enforcement action is taken, the Town Patrollers need to check whether the land falls within the Order. Therefore, it is proposed that in light of the significant problem of dog fouling within the borough, that all land to which the public has access, not exempted by the Act, should be designated under a new Order.
3.3 - Land which is exempt by the legislation is that land forming part of a carriageway where the speed limit is over 40mph, land used for agriculture or woodland or land which is primarily marshland, moor or heath or common land.
3.4 - It is expected that the proposed Order will be easier to enforce, attributable to the 'blanket coverage' of the whole borough, less the exempted areas by law should improve the ability of the Town Patrollers to enforce legislation as they will be confident as to which areas are covered. Also it will remove the loophole where it is an offence to allow your dog to foul on some land and yet not on other public land.
4. Recommendations
4.1 - It is recommended that the Council;
- Authorise the Borough Solicitor to make a new Designation Order replacing the Tameside MBC (Fouling of Land by Dogs) Order 1997 to include the whole of the administrative area of the borough of Tameside.
- Adopt Fixed Penalty Notice regime in relation to dog fouling and littering as provided by the Dogs (Fouling of Land) Act 1996 and the Environmental Protection Act 1990 and Regulations made there under.
- Authorise the Head of Service with responsibility for the Town Patrollers to issue Fixed Penalty Notices in relation to dog fouling and littering.
- Adopt a policy that two strikes i.e. Penalty Notices in relation to the same type of offence will result in a prosecution.
5. Communication Plan
5.1 - A communication plan is proposed to coincide with the introduction of the Fixed Penalty Notices and is seen a key part of the balance attack on litter and dog fouling through four fronts, Education, Enlightenment, Effective Cleansing Operations and Enforcement.
5.2 - The aims of the communication plan are to ensure that all Tameside Residents are aware that dog fouling and littering is an offence which Tameside Council take seriously, the failure to pick up will be a requirement to pay up and the Town Patrollers will be undertaking active enforcement.
5.3 - That the Council is determined to reduce the amount of litter and dog fouling within the borough.
Background Papers
6.1 - The Environmental Protection Act 1990
7.1 - Litter (Fixed Penalty Notices) Order 1991
8.1 - The (Dogs Fouling of Land) Act 1996
9.1 - Dog Fouling (fixed Penalties) Order 1996