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Dog fouling and the law

A person in charge of a dog must remove the faeces straight away if the dog has defecated in an area where the Dogs (Fouling of Land) Act 1996 applies. Otherwise they are contravening the Law and could be subject, on conviction, to a penalty of up to £1000.

Where The Law Applies

In Salisbury and District this law will apply to all land which is open to the air and to which the public is entitled or permitted access (with or without payment) except:

• Roads, and land running alongside them, with a speed limit of more than 40mph.
• Agricultural land and woodlands.
• Marshland, moor or heath.
• Rural common land.

The areas where dog owners will have to clear up after their dogs include all land of the following description:

• Carriageways with a speed limit of 40mph or less and adjoining footpaths, verges and landscaped or maintained areas.
• Parks, open spaces, recreation grounds and car parks owned and/or maintained by the council, county council or a town or parish council.
• Footpaths, rights of way and bridleways less than one kilometre from a dwelling or public road.
• Public open spaces and landscaped and maintained open spaces in residential areas.
• Private land, which is open to the air on at least one side, to which the public have access with or without payment.

The Dog Fouling Footways and Grass Verges Byelaw remains in force on pavements and grass verges where there is a speed limit of over 40mph

Disposal of Dog Waste

You can place it in a litter bin (provided it is wrapped) or in a dog waste bin provided for that purpose. Or, take the waste home and dispose of it, double wrapped in with your household rubbish. You may wish to recycle a carrier bag or other plastic bag for this purpose. So please take a carrier bag or purpose made Poop Scoop with you when you take your dog for a walk and clear up after it.

The Law in Practice

• If in any doubt, you are advised as a dog owner to clear up after your dog in a public place, which is in the open air.
• The absence of signs does not mean that you do not have to clear up after your dog. The council is not required to place signs to indicate to the public where the law applies!
• If your dog fouls on designated land it will not be a defence to claim that you were unaware of the offence or that you or the person in charge were not present at the time.
• Not having with you the means to remove the dog waste is not a reasonable excuse.

Enforcement

Enforcement is only possible when members of the public assist by giving the enforcement officer as much useful information about the offender and the animal concerned as possible.

Helpful information would include: times of day that offences occur, locations and details about the offender. A name and address would enable the enforcement officer, in the first instance, to write to that individual reminding them of the responsibility they have as a dog owner.

"Full" enforcement action could result in a fixed penalty fine or a court appearance for the offender.

A leaflet entitled "Dog Fouling and the Law" published by Salisbury District Council can be obtained from Environmental Services