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Dog control orders
We have introduced two new Control Orders which cover dog fouling and excluding dogs from specified areas. The new Orders have replaced the current laws, the Dogs (Fouling of Land) Act 1996 and an old local byelaw which restricted taking animals into children's play areas within the Borough.
The new Orders have the same effect as the previous laws. Dog owners must clean up any dog faeces immediately and dispose of them in the receptacles provided by us or take it home and dispose of it responsibly.
The Exclusion of Dogs Order has extended coverage of the old byelaw to include tennis courts, bowling greens, multi-sports areas, and paddling pools. This extension was decided on health and safety grounds.
Official notice
On 16 October 2006 the Council of the London Borough of Merton made the Dogs Exclusion (London Borough of Merton) Order 2006 and the Fouling of Land by dogs (London Borough of Merton) Order 2006 under Section 55(1) of The Clean Neighbourhoods and Environment Act 2005 (“the Act”).
Please see the links below for the full notices:
The following websites contain useful information on Dog Control Orders:
- Guidance on Dog Control Orders (Defra website)
- Copies of Dog Control Order Regulations (OPSI website)
1) Fouling of land by dogs order
The effect of the Order is to make it an offence for a person in charge of a dog, to fail to clear up forthwith after the dog has defecated on any land described in the schedule below.
The Order and map are available for inspection and copies are available at Merton Link, London Borough of Merton, Civic Centre, London Road, Morden, Surrey SM4 5DX
Land designated by description
All land which is open to the air and to which the public are entitled or permitted to have access (with or without payment) within the London Borough of Merton including but not limited to parks, public open spaces and highways in the area outlined in pink on Map 1 to the Order.
Any person committing a breach of the Order will be liable upon prosecution to such fine as is prescribed by Section 56(2) of the Clean Neighbourhoods and Environment Act 2005.
- Map of areas included in the Dog Control Orders
- Dog Fouling coverage map
- Ecological impact of dog fouling
2) Dog exclusion order
The effect of the Order is to make it an offence for a person in charge of a dog to permit the dog to enter or to remain on any land to which the Order applies (as described below).
The Order is available for inspection and copies are available at Merton Link, London Borough of Merton, Civic Centre, London Road, Morden, Surrey SM4 5DX
Land designated by description
The Order relates to all children’s play areas, paddling pools, bowling greens, tennis courts, multi-sports areas and fenced grass areas which are shown shaded yellow on Map 1 to the Order and which are situated in the parks, open spaces and sports areas shown in the documents below.
It will be an offence for anyone in charge of a dog on land to which the proposed Dog Exclusion Order will apply, to take the dog onto, or permit the dog to enter, or to remain on, such land. A person who is guilty of an offence under the proposed Dog Exclusion Order shall be liable on conviction by the Magistrates’ Court to a fine not exceeding level 3 on the standard scale (currently £1000).
No offence shall be committed where a person has a reasonable excuse for taking or permitting the dog to enter on such land or allowing it to remain on the such land, or where the owner, occupier or other person or authority having control of the land has consented to his or her taking or permitting the dog to enter or remain on such land. A person who habitually has a dog in his or her possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog.
A person who habitually has a dog in his or her possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog. Placing the faeces in a receptacle on the land which is provided for waste disposal purposes shall be sufficient removal of the faeces from the open land.
Neither offences under the proposed Fouling of Land by Dogs Order or proposed Dog Exclusion Order will apply to a person who is registered as a blind person in a register compiled under Section 29 of the National Assistance Act 1948, or to a person who has a disability which affects his or her mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respects of a dog trained by the registered charities, Dogs for the Disabled, Support Dogs or Canine Partners for Independence and upon which he or she relies for assistance. The offence under the Dog Exclusion Order will also not apply to a deaf person in respect of a dog trained by the registered charity, Hearing Dogs for Deaf People and upon which he or she relies for assistance.
We also intend to issue Fixed Penalty Notices to enforce the proposed Dog Control Orders above as prescribed by Section 59 of the Clean Neighbourhoods and Environment Act 2005. Failure to pay the Fixed Penalty Notices may result in prosecution.
Contact us
Enforcement Team
London Borough of Merton
PO Box 82
Morden
SM4 9WA
Telephone: 020 8545 4118
Email: esenquiries@merton.gov.uk
This page was last updated on Sunday 14 March 2010