Decision Maker: Officer Decision Making
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
Report of the Head of
Neighbourhood Services seeking approval, under delegated powers for
the Executive Director of Neighbourhoods to enact a City-wide Dog
Control Order Southampton.
Decision:
(i)
That the Dogs Exclusion (The City of Southampton) Order 2011 is
made with no modifications in June 2011
(ii)
That the Dogs on Leads (The City of Southampton) Order 2011 is made
without modifications in June 2011
(iii)
That The Fouling of Land by Dogs (The City of Southampton) Order
2011 is made in June 2011
(iv)
That the Dogs on Leads by Direction (The City of Southampton) Order
2011 is made without modifications in June 2011
(v)
That officers be instructed to
investigate and bring forward proposals for the most appropriate
way to enforce effective dog control for the play area on
Southampton common.
Reasons for the decision:
- The objections to the Dogs Exclusion
(The City of Southampton) Order 2011 have been considered, but are
not felt to outweigh the reasons for making the order. Specifically
the objection to the exclusion of dogs from the lakes/ponds on the
Common have been considered, but our duty under the Site of Special
Scientific Interest is felt to outweigh the reasons for allowing
dogs into the lakes/ponds. It is also
considered that in making this order it will strengthen the powers
the Council already has under the current byelaws which will become
obsolete.
- There have been no objections to the
Dogs on Leads (The City of Southampton) Order 2011, although we
have been asked to consider whether it is necessary when we are
introducing the Dogs on Leads by Direction Order. Given the
sensitive nature of the land uses this order covers, i.e.
Allotments and Cemeteries it is thought necessary to ensure a
greater level of control is maintained.
- There have been no objections to The
Fouling of Land by Dogs (The City of Southampton) Order 2011, which
is seen as a positive way forward to enforce the removal of dog
faeces.
- There have been no objections to the
Dogs on Leads by Direction (The City of Southampton) Order 2011,
which has been commended as positive way to allow responsible dog
owners to exercise their dogs.
Alternative options considered:
- To not implement The Dogs Exclusion
(The City of Southampton) Order 2011 and rely on existing
Byelaws. This was rejected as existing
Byelaws only cover Pleasure grounds and not education or housing
land, where play areas may be
situated.
- To modify The Dogs Exclusion (The
City of Southampton) Order 2011 to remove the lakes/ponds on
Southampton Common from the Order. This was rejected as our duty
under the Site of Special Scientific Interest is felt to outweigh
the reasons for allowing dogs into the lakes/ponds.
- To not implement The Dogs on Leads
(The City of Southampton) Order 2011 and rely on all dog owners
keeping their dogs under close control on Allotment and Cemetery
sites. This option was rejected as we do have issues with dogs
roaming onto and fouling on allotments and graves, which is
considered unacceptable, however, an outright exclusion would be
considered disproportionate to the problem and therefore dogs on
leads is felt to be the best option.
- To not implement The Fouling of Land
by Dogs (The City of Southampton) Order 2011 and to act under the
Dogs (Fouling of Land) Act 1996. This was rejected as the new
legislation removes the exemptions of the 1996 act on registered
common land enabling us to enforce that dog faeces is removed on
the Common and in Central Parks. It also supersedes any byelaws and
enables the Council to use fixed penalty notices if necessary.
Publication date: 23/05/2011
Date of decision: 23/05/2011
Decided at meeting: 23/05/2011 - Officer Decision Making
Effective from: 02/06/2011
Accompanying Documents: