Dog Fouling

 

The Clean Neighbourhoods and Environment Act 2005, which commenced on the 1st April 2005, provided facilities for Local Authorities to introduce Dog Control Orders.

Sandwell MBC consulted the public and having carefully examined the problems across Sandwell, has decided to introduce the following three Orders:
  • Dog Fouling
  • Dogs on Leads by Direction
  • Dog Exclusions
The Orders were made on the 30 October 2007 and will come into effect and be enforced from the 1 January 2008. You can view details of the Orders online or at reception at:

The Council House
Freeth Street
Oldbury
B69 3DE

Complaints of Dog Fouling – Reporting an Offence

The Dog Fouling Order replaces the previous provisions, which covered areas designated under the Dog Fouling (Land) Act 1996, and the byelaw, which covered footways and grass verges within 4 metres of the highway maintained by the Local Authority across the whole of the Borough. Both of these enactments are repealed and replaced by the Dog Fouling Order. The new Order is far less restrictive and applies to any land in the open air to which the public has access on payment or otherwise.

If a dog defecates at any time on land to which this Order applies and a person who is in charge of the dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless-

(a.) he has a reasonable excuse for failing to do so; or
(b.) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

The Order does not apply to a registered blind person, or person with a relevant disability who relies on a trained dog for assistance.

Officers Authorised by the Council can now deal with offences of dog fouling by the issue of a fixed penalty notice in the sum of £75. If the penalty is not discharged within 14 days of issue then the matter will be prosecuted in the Magistrates Court where the fine imposed can be up to a maximum of £1000 plus any costs awarded by the Court.

Officers authorised to enforce the new Orders are the Sandwell Wardens, and the Urban Park Wardens.

To report dog-fouling offences, you should call:

Anti Social Behaviour – 0845 359 7500

Information that will be of Assistance to Investigating Dog Fouling Offences

If you have witnessed a dog fouling offence and wish to report the matter then the following information would be helpful to the enquiry:

  • Time, day and date the offence was committed
  • Precise location of the offence
  • Light and weather conditions
  • Description of the person in charge of the dog including clothing worn
  • Identity of the person if known, and how known
  • Description of the dog concerned and name if known
  • What was observed
  • Any conversation, which may have taken place

All of this information will be of great value to the investigating officer and increase the likelihood of the offender being brought to justice.

Matters of Public Health Concern

From time to time, information comes to light concerning pet owners who for a variety of reasons find themselves unable to properly care for their pets. Sometimes this leads to the pets being kept in doors for long periods of time and the resultant problems of fouling accumulation inside the property and within the grounds of the property.

Environmental Health and Trading Standards Officers have powers to deal with these types of issues under the Environmental Protection Act and Public Health Acts.

Health hazards of this type should be reported to the following Division of the Council:

Environmental Health and Trading Standards
Environment House
Lombard Street
West Bromwich
West Midlands
B70 8RU

Telephone: 0121 569 6600
Fax: 0121 569 6599
Email: environmentalhealth@sandwell.gov.uk
Opening Hours: Monday – Thursday 9.00am to 5.30pm, Friday 9.00am to 5.00pm