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Appendix 1: Procedure for adopting Dog Control Orders in Maidstone

A dog control order will specify the land to which the order relates as well as the times during which the order will apply. In practice, this means that an authority can designate any area of land within its boundary that is open to the air and to which the public has access as being land on which specified dog offences will apply.

Procedures for designating dog control orders:

The Dog Control Orders (Procedures) Regulations 2006 require that before a Council can make a dog control order, the Council must publish a notice describing the proposed order in a local newspaper circulating in the same area as the land to which the order(s) would apply and invite comments on the proposal.

The notice must:

·         identify the land to which the order(s) will apply

·         summarise the order(s)

·         if the order(s) refer to a map, the Council must say where the map can be inspected. This must be at an address in the authority’s area, be free of charge and available at all reasonable hours during the consultation period

·         give the address to which, and the date by which, representations must be sent to the authority. The final date for representation must be at least 28 days after the publication of the notice

At the end of the consultation period the authority must consider any representations that have been made. If it then decides to proceed with the order(s), it must decide when the order(s) will come into force. The order(s) cannot come into force until 14 days after the order(s) was made.

Once the order(s) has been made, the authority must, at least 7 days before it comes into force, publish a notice in a local newspaper circulating in the same area as the land to which the order(s) applies stating:

·         that the order(s) has been made and

·         where the order(s) may be inspected and where copies of it can be obtained

If possible, a copy of the notice must also be published on the authority’s website. If, after considering representations, an authority decides to amend its proposal, it must start the procedure again, publishing a new notice describing the amended proposal.

There is a legal requirement that, where practicable, signs must be placed summarising the order on land to which a new order applies, thereby informing the public that land is subject to an order. For example, if an order were made excluding dogs from a park, copies of the order should be placed at the entrances to the park when it was first made, and permanent signs should be erected informing the public that dogs are not permitted in the park. Where a dog control order applies to a large area of land, for example, an order in respect of fouling by dogs, it may not be feasible to post copies of the order of the land, but signs warning the public that it is an offence not to clear up dog faeces should be placed at regular intervals.

The following orders are proposed for Maidstone and will be subject to the consultation process outlined above, before being referred back to the Cabinet Member for consideration after this period has concluded.

Proposed Order 1

An order making it an offence for people in charge of dogs to fail to remove dog faeces at any time without reasonable excuse or consent of the person having control of the land. This will apply to any land, open to the air and to which the public have access in Maidstone Borough.

Proposed Order 2

An order making it an offence for any person in charge of a dog to take a dog onto or permit a dog to enter or remain on land in a dog exclusion zone at any time,) without reasonable excuse or consent of the person having control of the land.  This would apply only to land included in a dog exclusion zone. 

Proposed exclusion zones