Dog Control - Dog Fouling - Frequently Asked Questions

What is the Clean Neighbourhoods and Environment Act 2005?

The Clean Neighbourhoods and Environment Act 2005 (CNEA) provides local authorities (such as Test Valley Borough Council), parish and community councils and the Environment Agency with more effective powers and tools to tackle poor environmental quality and anti-social behaviour. In particular the CNEA includes sections on nuisance and abandoned vehicles, litter, graffiti, waste, noise and dogs.

How does the CNEA 2005 affect dog owners?

The Council has been provided with powers under this Act to issue dog control orders (DCO) for "fouling of land by dogs and the removal of faeces".

What does the DCO for dog fouling mean?

This legislation makes it an offence not to clear up immediately after a dog has fouled on any land covered by the Act.

What areas are covered by the DCO for dog fouling?

Any land within the boundary of Test Valley Borough Council which is open to the air (on at least one side) and to which the public have entitled or permitted to have access (with or without payment). This means all land within Test Valley.

What happens if I do not clear up after my dog?

If a person does not clear up after their dog, it is an offence and may lead to prosecution in the Magistrates' Court for which the maximum fine is currently £1000.

A person not clearing up after their dog may also be prosecuted if the person witnessing the act is prepared to give a statement and act as a witness in court saying such. This means that everyone can help in reducing the irresponsible dog owners in our Borough. If you are prepared to act as a witness please contact the Dog Warden on 01264 368000.

What can I do if I am aware of someone who does not clear up after their dog?

If you are aware of any irresponsible dog owners in your area then please contact the Dog Warden on 01264 368000 with information on where and when the offence took place and a description of the person and dog. This information can be used to increase patrols in problem areas and help officers identify offenders. Any information passed to officers in this way will be treated confidentially.

What is the situation if I have public access areas such as footpaths on my land?

No offence is committed if a person in charge of a dog acts with the consent of the person who owns or otherwise is in control of the land. We will not take action unless the owner of the land has given the local authority permission to do so.

Further information?

If you require further information please contact:

The Dog Warden
Telephone: 01264 368000
Email: envhealth@testvalley.gov.uk