INDIVIDUAL EXECUTIVE MEMBER DECISION
DOG CONTROL ORDER : MIDDLESBROUGH CEMETERIES
AND CREMATORIUM GROUNDS
EXECUTIVE MEMBER, COUNCILLOR BARRY COPPINGER
IAN PARKER: DIRECTOR OF ENVIRONMENT
6 June 2007
PURPOSE OF THE REPORT
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To consider introducing a Dog Control Order to cover land in Middlesbrough
Council owned cemeteries and Teesside Crematorium to require dogs to be kept
on a lead and to prohibit dog fouling.
BACKGROUND AND EXTERNAL CONSULTATION
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In May 2006, the Executive agreed to an information gathering exercise to
determine if new powers to control dogs, made available in the Clean
Neighbourhoods and Environment Act 2006, were appropriate in Middlesbrough.
The Act supersedes previous legislation and provides for up to five new offences
to be created by Order as follows:
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Failing to remove dog faeces;
Not keeping a dog on a lead;
Not putting, and keeping, a dog on a lead when directed to do so by an
authorised officer;
Permitting a dog to enter land from which dogs are excluded;
Taking more than a specified number of dogs onto land.
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Failure to comply with the requirements on an Order could result in an offender
being issued with a £80 fixed penalty notice, discounted to £50 with early
payment. Legal details are given in paragraphs 13 to 17.
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Local stakeholders were asked throughout 2006/7 for proposals on areas where a
Dog Control Order could usefully be applied. Details were placed on the council’s
web site and community councils were advised in writing. Consultees included
Middlesbrough Council staff that manage land and public facilities, special interest
groups, the LSP Transforming the Local Environment Group, the multi agency
Bereavement Services Forum, Parish Councils and Community Councils. Stories
have also appeared in the press asking for proposals including Middlesbrough
News and the Evening Gazette.
Statutory notices were placed on the land
covered by this Report and in the Evening Gazette.
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As a consequence of this consultation there is good evidence to make an Order to
cover all land within Middlesbrough Council owned cemeteries and Teesside
Crematorium. This evidence includes -:
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The Bereavement Services Team state that dogs are regularly let off the lead
in cemeteries. Some visitors have refused to put their dog back on lead when
challenged.
Grounds maintenance staff have expressed serious concerns about dog
fouling in the grassed areas of cemeteries. When grass is cut or strimmed,
faecal material is spread around and fouls equipment.
Irresponsible dog owners continue to allow their dogs to roam in our
cemeteries without a lead, and on occasions dogs have been observed
catching rabbits.
There is an existing Cemetery Rule which requires dogs to be kept on a lead at
all times, but enforcement has proved problematic and there is no legal penalty
for non-compliance.
Dogs not on a lead have been implicated in fouling incidents near headstones.
These problems are unacceptable in a sensitive cemetery environment.
Existing rules and procedures have failed to solve the problem.
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The multi agency Bereavement Services Forum were consulted on the proposal
on 8th November 2006 and requested that the provisions relating to dog fouling
and requiring dogs to be kept on a lead were adopted in a Dog Control Order.
The Forum recommended that the Council should continue to allow dogs to enter
cemetery and crematorium grounds.
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The consultation exercise identified that public parks could be suitable for a Dog
Control Order. This may be the subject of a further report when the evidence has
been compiled and assessed.
OPTION APPRAISAL/RISK ASSESSMENT
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Option 1. Maintain the Status Quo and make no Dog Control Order
The existing Cemetery Rule requiring dogs to be kept on a lead in cemetery and
crematorium grounds is not effective. Under the Dogs (Fouling of Land) Act 1996
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failing to remove dog faeces is an offence carrying a £50 fixed penalty or
alternatively prosecution through the courts with a maximum fine of £1,000.
However, this does not require dogs to be kept on a lead, which is what cemetery
users request.
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Option 2. Ban Dogs/Restrict numbers allowed
Five years ago dogs were banned from all cemetery land. In consultation with the
Bereavement Services Forum the rule was relaxed to permit dogs under proper
control to enter. We took the position that responsible dog owners should be
allowed to take their pets into a cemetery and the crematorium grounds. We do
not propose to introduce a ban again. Also, we do not propose to bring in a Order
to restrict the numbers of dogs an individual person can take into cemetery of
crematorium grounds because there is insufficient evidence to demonstrate need.
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Option 3. Introduce a Dog Control Order
A Dog Control Order would provide powers to better manage problems caused by
irresponsible dog owners who allow their dogs to roam around cemetery and
crematorium grounds not on a lead. By including dog fouling in the same Dog
Control Order we would have a clear legal framework to promote and enforce
consistently throughout all cemeteries. We recommend that a Dog Control Order
be made for all land within Middlesbrough Council owned cemeteries and
Teesside Crematorium grounds. These sites are:
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Acklam Cemetery
Teesside Crematorium
Linthorpe Cemetery
North Ormesby/St Joseph’s combined Cemetery
Thorntree Roman Catholic Cemetery
Thorntree Cemetery
The Order would have two requirements:
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That all dogs must be kept on a lead at all times
That dog fouling must be removed immediately.
FINANCIAL, LEGAL AND WARD IMPLICATIONS
Financial
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Public notices and signage are likely to cost in the region of £4,500 in 2007/8 and
could be funded from existing budgets. Enforcement costs are not expected to
increase, as the existing level of enforcement will be carried out more effectively.
Ward Implications
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Middlesbrough’s cemeteries and crematorium grounds are visited by people living
throughout Middlesbrough and beyond.
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Legal Implications
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A dog control order must be advertised in at least one local newspaper and signs
must be placed on the land. The scheme cannot come into force until at least
14 days after the Order has been made and 7 days after the public notices have
been erected.
We propose that the Order should come into force on
1st August 2007 to allow time for a publicity campaign.
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A person who allows a dog in his or her charge off a lead, or fails to immediately
remove dog faeces, in breach of a Dog Control Order would commit an offence.
Legal exemptions apply for dog fouling incidents, for example, for registered blind
people.
The maximum prescribed penalty upon prosecution is £1,000.
However, the normal way to deal with such offences is to offer a fixed penalty
notice, which the Executive has already set at a level of £80, discounted to £50 if
paid within 10 days.
15
The Dogs Fouling of Land Act 1996 provisions would be repealed in the areas
covered by a Dog Control Order.
16
The proposed Order would be known as the Middlesbrough No 1 Dog Control
Order (Cemeteries and Crematorium).
17
The proposed Order would not apply to the private churchyards in Marton,
Nunthorpe and Stainton.
RECOMMENDATIONS
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The Executive Member is recommended to authorise a Dog Control Order to take
effect from 1st August 2007 under the provisions of the Clean Neighbourhoods and
Environment Act 2006 to cover land within the following sites -:
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Acklam Cemetery
Teesside Crematorium
Linthorpe Cemetery
North Ormesby/St Joseph’s combined Cemetery
Thorntree Roman Catholic Cemetery
Thorntree Cemetery.
REASONS
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To improve environmental standards in our cemeteries and crematorium grounds
and to more effectively tackle problems caused by irresponsible dog ownership.
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The proposal is a necessary and proportionate response to the problems caused
by dogs and the people in charge of them
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BACKGROUND PAPERS
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The following background papers were used in the preparation of this report:
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Clean Neighbourhoods and Environment Act 2005.
Dog Control Orders – DEFRA Guidance – 2006.
Minutes of the Bereavement Services Forum dated 8th November 2006.
Cemeteries and Crematorium Rules of Management.
The Local Authorities’ Cemeteries Order 1977.
AUTHOR: Paul Robertson/Jeff Duffield
TEL NO: 728212 / 728197
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Address: P.O. Box 65, Vancouver House, Middlesbrough, TS1 1QP
Website: http://www.middlesbrough.gov.uk
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