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Dog control orders consultation

Responsible dog owners and their dogs are welcomed into Southampton’s open spaces and this is an opportunity to have your say on the legislation that applies to the exercising of dogs and clearing up of dog fouling in the parks and open spaces across the city.

Results of the consultation are available on the Dog Friendly Parks pages.

What currently happens?

There is already a citywide requirement for dog owners to clear up after their dog has fouled. This is known as the Dogs (Fouling of Land) Act 1996. If owners fail to do this they will be offered a fixed penalty notice, which if they don’t accept or pay within a specified time, will result in a court appearance.

Dogs are currently excluded from play areas, land used by education and generally from ponds, lakes and streams in other green spaces. Dogs are allowed in the ornamental and cemetery lakes on the common but are excluded from doing so due to the sensitive nature of the wildlife. These measures were put in place as it was considered that children using play areas and education land should be able to do so without coming across dog fouling or out of control dogs. In the case of lakes and ponds these are considered sensitive for wildlife.

What is changing?

A new procedure known as Dog Control Orders has replaced the system of byelaws and the Dogs (Fouling of Land) Act 1996.

It means that all of the existing measures will remain until they are replaced by a dog control order. The city council propose to introduce four types of Dog Control Order:

The Dogs Exclusion (The City of Southampton) Order 2011

This order builds on policy already in place in Southampton where dogs are not allowed into play areas, on land used by education or in the lakes/ponds on the Common and East Park. Children using play areas and education land should be able to do so without coming across dog fouling or out of control dogs. In the case of the lakes and ponds these are considered sensitive for wildlife, a specific area has been set aside in the fishing lake on the Common for dogs to bathe. A full ban of dogs in these areas is therefore considered to be the best way to achieve this.

The Dogs on Lead (The City of Southampton) Order 2011

There are certain areas in Southampton which are more sensitive for their users and in these areas we ask that dogs are under closer control by being on a lead. One area is cemeteries, where people visiting graves prefer dogs to be under control and not roaming or fouling on graves (even if it is cleared up). Another area where people are sensitive about dogs roaming and fouling is on allotments plots. Therefore this order enforces that on allotments and in Cemeteries dogs are kept on a lead at all times.

The Fouling of Land by Dogs (The City of Southampton) Order 2011

This order updates current legislation and enables the Council to enforce that dog fouling is picked up in all open spaces across the city.

The Dogs on Leads by Direction (The City of Southampton) Order 2011

With the exception of above, as is the case now, dogs are allowed to roam off of leads in all open spaces in Southampton. However, we do ask that they are still under control and can be called and obey orders from their owner. If it is clear that a dog is not able to be kept under control, then this order will enable Officers of the Council to ask that the dog is placed on a lead.

Has much changed?

The majority of areas will have no change to the current measures in place.

Generally, the changes will be to:

  • include all open space rather than just Southampton Parks/Pleasure grounds

  • introduce greater control of dogs in more sensitive areas

  • promote responsible behaviour through the ability to ask that dogs are placed on a lead when out of control

Why are we consulting?

The city council has a legal duty to consult on the proposed dog control orders before they are introduced. This formal period will begin when the Notices are placed in the Echo. This will be on 7 February 2011. The formal consultation will then run from 7th February 2011 until 7th March 2011. Copies of the orders and plans will be available to view at Gateway, in One Guildhall Square during the usual office hours. Alternatively you can view this information online, by clicking on the documents at the bottom of this page and following the links to the corporate mapping system.

At the end of the formal consultation period, we will consider any representations that are made before deciding whether to make any changes or proceed to confirm the order.

Dog Control Maps

Link to Mapping System:

http://map.southampton.gov.uk/gis/

On entering the mapping system you can view the Dog Control Orders in two ways.

1 load all 4 layers from the “Add Information to Map” drop down list.
2 You can access them as individual layers from the “Add individual layers to Map” layer tree view (Environment theme)

To access the individual layers you will need to switch on the more detailed view using the chevron button found towards the top of the page under User Options. The Draft Dog Control Order maps can then be found under “Environment” on the left hand side.

How do I comment on the proposals?

If you would like to comment on the dog control orders proposed, this should be made no later than 4th March 2011, in one of the following ways:

Email: parks@southampton.gov.uk

Please ensure you include the name of open space you are commenting on (this is included on the mapping system), your name and address

In Person: by visiting Gateway, One Guildhall Square, Southampton SO14 7FP during the usual office hours.

Copies of the orders and plans will be available to view and you will be able to write and submit your comments on a paper form as above please ensure you include the name of open space you are commenting on (this is included on the maps), your name and address

Write to: Nick Yeats, Neighbourhood Services, Trees, Allotments and Park Improvements Manager, Floor 3, One Guildhall Square, SO14 7FP

If you need further information, please telephone 023 8083 2713

Dog control frequently asked questions

1. What is a dog control order?

A dog control order is a measure for controlling some potential dog related issues. The power to create dog control orders is provided under the Clean Neighbourhoods and Environment Act 2005. Dog control orders made under this act replace the previous system of Byelaws for the control of dogs and also the Dogs (Fouling of Land) Act 1996, which has been repealed (cancelled).

2. Why do we need a dog control order?

The Dogs Fouling of Land Act has some limitations as to areas that are covered for dog fouling. The limitations are that it covers all areas within a 40mph speed limit. The fines are also set at £50 and cannot be altered. It does not address issues such as prohibiting dogs from sensitive sites such as play areas or school grounds or whether dogs can be required to be kept on leads in certain places. The Clean Neighbourhood and Environment Act 2005 allows Councils to determine the extent of any dog control order to meet local requirements and circumstances. The Council needs to balance the needs of those in charge of dogs against the interests of those affected by the activities of dogs, bearing in mind the need for people, in particular children to have access to dog free areas and areas where dogs are kept under strict control

3. Why change the existing arrangements?

The Dogs Fouling of Land Act has some limitations as mentioned above. It also does not cover fouling in certain areas, allow local authorities to ban dogs from certain areas or have areas where dogs must be kept on a lead. If a dog control order is made, then the Council can determine fine levels, and the most appropriate control measures for different areas.

4. Can I still walk my dog on the Common?

Yes, responsible dog owners are welcome in all Southampton’s green spaces

5. Will I be able to take my dog in play areas?

As currently, you will not be able to take your dog into fenced play areas. Play areas which exclude dogs will be clearly marked with a sign.

6. Will I be able to take my dog on my local school field?

As currently, you will not be able to take your dog onto any fenced land used by schools. Areas where dogs are excluded will be clearly marked with a sign.

7. What will happen if I do take my dog into a play area or school?

You could face a fixed penalty fine of up to £75 if caught or up to £1000 on indictment.

8. Can my dog swim in the lakes on the Common

A special area has been set aside at the fishing lake on the Common, otherwise dogs are excluded from the lakes to reduce any possible impact they may have on wildlife and the site of special scientific interest. However, other green spaces across Southampton do not have restrictions on dog swimming, we do ask you to act responsibly and not to allow your dog to worry wildfowl or other wildlife. It is an offence under the Countryside and Wildlife Act and the Countryside and Rights of Way Act to disturb wildlife, such as nesting birds or roosting bats.

9. What will happen if I do not clear up my dog’s mess?

You could face a fixed penalty of up to £75 if caught not cleaning up after your dog, or up to £1000 on indictment.

10. There are no dog bins to put my dog mess in

Southampton City Council does not install dog bins, instead you are able to place bagged dog mess into any general waste bin you find.

11. Do I need to put my dog on a lead in any of Southampton’s open spaces?

If visiting a cemetery or Allotment you will need to keep your dog on a lead. We have found that these areas are more sensitive as people do not like dogs running over relatives graves or over their allotment plot and therefore we ask for a little more control to be taken.

12. What would happen if there is a dog out of control?

Certain Authorised Officers of the Council are able to request that dogs are placed on a lead by their owners if they are not adequately controlling the dog as appropriate to the situation.

13. What do I do if I see someone who is breaking a Dog Control Order?

If you witness anyone breaking the Dog Control Order legislation please contact Actionline on 0800 5 191919 or email city.patrol@southampton.gov.uk. Please give us as much detail as you can including: name of site, description of dog and dog owner, date and time the incident was witnessed, any other information such as, is it a regular occurrence, description of car etc. Please do not approach the person yourself.

14. What is “appropriate” behaviour expected of dog owners and their dogs?

At a basic level dogs will obey their owner's commands. When called they should return immediately to their owner. Dogs should be under a level of control whereby they do not obstruct, disturb, interrupt or annoy other open space users or Council employees. Dogs are free to be off a lead in all open spaces across Southampton, however, owners are encouraged to put their dog on a lead when at events, in busy pedestrian areas or when walking close to children.

15. Do the Orders apply to public rights of way?

Dogs are not prohibited from public rights of way. Dog fouling must be removed from public rights of way.

16. Does my dog have to be on a lead at all times?

No, dogs are still free to roam parks and open spaces, there may be certain times where it would be more appropriate for a dog to be on a lead such as along a highway, in a car park or if there was an event happening in a park.

17. Is my dog banned from parks?

No, there are certain fenced areas where dogs are excluded from such as children's play areas and land used by schools.

18. Will signs be erected by Southampton City Council

Yes, signs need to be erected as part of the legislation

19. Who will enforce the Orders?

Authorised officers from the Parks Section, City Patrol and Environmental Health.

20. How much is the fine?

The Fixed Penalty Notice(FPN) as defined in the Dog Control Orders will be £75, this must be paid within 14 days of receiving the FPN. This fine is reduced to £50 if paid within 10 days. Failure to pay this within the prescribed payment period will lead to the Council taking this offence before the local Magistrates Court, where a fine of up to £1000 may be awarded.

Downloadable documents

Icon Name of file Size Download time
PDF document Guide to Southampton Dog Control Orders 260 KB 1secs @ 2Mbps
PDF document SCC Dog Exclusion Order 2011 116 KB 0secs @ 2Mbps
PDF document SCC Dogs on Leads by Direction 2011 115 KB 0secs @ 2Mbps
PDF document SCC Dogs on Leads Order 2011 114 KB 0secs @ 2Mbps
PDF document SCC Fouling of Land by Dogs Order 2011 117 KB 0secs @ 2Mbps
Link to download Adobe Acrobat if required

Contact information

If you want to contact us regarding the content of this page please contact us at:

  • 023 8083 2713
  • Nick Yeats, Neighbourhood Services, Trees, Allotments and Park Improvements Manager, Floor 3, One Guildhall Square, Southampton, SO14 7FP

For any other council related enquiries please contact: