Following a rising spate in dog fouling and attacks, the Parish Council would like to remind all dog owners of their responsibilities when out in public with their dog(s).
All dog owners are responsible for the behaviour of their dog(s). If the dog’s owner knows that their dog can fail to come when called, it is their responsibility to ensure that the dog is either muzzled or controlled by being on a lead.
According to the UK government, it is against the law to let a dog be dangerously out of control anywhere, such as:
- in a public place
- in a private place, for example, a neighbour’s house or garden
- in the owner’s home
The law applies to all dogs.
You can report a dog that is out of control.
Some breeds of dogs are banned – a full list can be found here: Controlling your dog in public: Banned dogs – GOV.UK
Out of Control
Your dog is considered dangerously out of control if it:
- injures someone.
- makes someone worried that it might injure them.
A court could also decide that your dog is dangerously out of control if either of the following applies:
- it attacks someone’s animal.
- the owner of an animal thinks they could be injured if they tried to stop your dog from attacking their
animal.
Penalties
You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.
If you let your dog injure someone, you can be sent to prison for up to 5 years or fined (or both). If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.
If you allow your dog to kill someone you can be sent to prison for up to 14 years or get an unlimited fine (or both).
If you allow your dog to injure an assistance dog (for example a guide dog) you can be imprisoned for up to 3 years or fined (or both).
The Parish Council is aware of, and shares, Parishioner’s concerns about dog fouling in the Parish, especially on the playing field. This is not a new problem and various actions have been taken to encourage dog owners to be responsible and not allow their dogs to foul in public places. These have included installing signs, installing additional dog waste bins, and supplying ‘dog poo’ bags on the sides of the Jubilee Hall.
The law requires that anyone walking a dog in a public space picks up any fouling by their dog, and disposes of it correctly. Correct disposal is either in a dog waste bin, a normal litter bin or it should be taken home for
disposal. Dog owners should always carry suitable bags to put the waste in. Public footpaths and other areas open to the public are also subject to the same restrictions and rules for dog owners.
In all public open spaces, dogs are currently allowed to be off the lead except for, on the Playing Field, when there is an officiated sporting event being held or they are causing a nuisance, and an Officer requires them to be on a lead. Dogs are not allowed in the children’s play area at any time. (except for service dogs)
Dog fouling should be reported directly to Tonbridge and Malling Borough Council (TMBC); it has a process for reporting and is empowered to issue fixed notice fines for anyone caught allowing their dog to foul and not picking it up. The TMBC website has details of what information it requires when reporting dog fouling, which can be done here: https://www.tmbc.gov.uk/environmental-health/report-dog-control-issue/5
A person who allows their dog to foul and doesn’t dispose of it properly is liable to a £100 fine (a fixed penalty notice). If they fail to pay the fine, then a prosecution might follow, and if successful this could lead to the court issuing a fine of up to £1000 (maximum). Fines are issued by TMBC not the Parish Council.
If owners do not take the necessary responsibility, the Parish Council may have to look at applying for a Public Spaces Protection Order.
Some public areas in England and Wales are covered by Public Spaces Protection Orders (PSPOs) – previously called Dog Control Orders (DCOs).
In public areas with PSPOs, you may have to:
- keep your dog on a lead.
- put your dog on a lead if told to by a police officer, police community support officer or someone from
the council. - stop your dog from going to certain places – like farmland or parts of a park.
- limit the number of dogs you have with you (this applies to professional dog walkers too).
- clear up after your dog.
- Carry a poop scoop and disposable bags.
Penalties
If you ignore a PSPO, you can be fined:
- £100 on the spot (a ‘Fixed Penalty Notice’).
- up to £1,000 if it goes to court.
The Parish Council appreciate that most dog owners take their responsibilities of dog ownership seriously, but the small few who don’t are continuing to risk the health of others. Dog faeces carry the risk of disease, particularly Toxocariasis – an infection caused by roundworm parasites.
One way to prevent the introduction of restrictions is to report all incidents of dog fouling or any attacks to Tonbridge & Malling Borough Council so they can take the appropriate action:
Telephone: 01732 876181
Email: dog.warden@tmbc.gov.uk