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a guide to improving your local environment - Keep Britain Tidy

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Section 57 provides that DCO’s may apply <strong>to</strong> all public<br />

land which is open <strong>to</strong> the air and <strong>to</strong> which the public are<br />

entitled or permitted <strong>to</strong> have access (with or without<br />

payment). There are exemptions which apply <strong>to</strong> certain<br />

types of land including Forestry Commission controlled<br />

land.<br />

www.encams.org<br />

Section 59 allows Authorised Officers of Primary and<br />

Secondary Authorities, or any other person authorised in<br />

writing by the authority, <strong>to</strong> issue a Fixed Penalty Notice<br />

offering members of the public an opportunity <strong>to</strong><br />

discharge any liability for offences under a Dog<br />

Control Order.<br />

Section 60 enables a Primary or Secondary Authority <strong>to</strong><br />

specify the amount of fixed penalty in relation <strong>to</strong> their<br />

own DCO’s (the range, which is £50-80, is specified in the<br />

Fixed Penalty (Miscellaneous Provisions) Regulations<br />

2006). Authorities are also able <strong>to</strong> allow for the payment<br />

of a lesser amount if the fine is paid within a specified<br />

time period. Where no amount is specified at the <strong>local</strong><br />

level, the penalty is<br />

set at £75.<br />

DOG FOULING<br />

It is intended that dog fouling offences are not applicable<br />

<strong>to</strong> working dogs and <strong>guide</strong> dogs, although other types of<br />

offences can apply under certain circumstances.<br />

Local authorities taking action<br />

Between November 2003 and March 2004, 1,376 penalties<br />

were handed <strong>to</strong> owners who allowed their dogs <strong>to</strong> foul<br />

(71% of which have been paid) while 96 people went<br />

before the courts. Over a third of those fines were made<br />

by councils in the North West, with Yorkshire handing<br />

out 209.<br />

21

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