Dog control orders debate

PLANS to introduce Rother-wide Dog Control Orders have been temporarily brought to heel by the response to the council's public consultation.

Director of services Tony Leonard will recommend Rother cabinet on Monday afternoon to resolve make an order covering dog fouling but to delay making decisions on the contentious issues of orders prohibiting dogs from certain areas, requiring dogs to be kept on leads and limiting the number of dogs under one person's control in public areas.

Last February the issue provoked a mass protest rally on the De La Warr Pavilion terrace, attended by 332 owners and 216 pets.

It was followed by a march on the Town Hall.

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The orders are needed to replace old byelaws. Unlike byelaws, orders do not need to be confirmed by the Secretary of State.

Before making orders a local authority has to public a consultation notice and consult parish and town councils.

The cabinet resolved to go out to public consultation over its draft orders in January.

Mr Leonard says: "Six hundred responses were received that have taken some time to analyse."

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Councillors will have a break-down of the responses before them at Monday's 2.30pm Town Hall meeting.

At present numerous byelaws and orders exist across 200 square-mile Rother. Following the Clean Neighbourhoods and Environment Act 2005, these remain enforceable by prosecution but cannot be enforced by fixed penalty notice.

Mr Leonard is aiming for an April 1, 2008 introduction for a dog-fouling order.

He says that if his report is accepted on Monday, first-stage notification would not be until early November putting the cut-off point for representations just before Christmas.

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He says: "Having regard to the opposition this matter has attracted previously, which the present proposal seeks in large measure to meet, it is unlikely that there will not be at least one adverse representation that will need to be considered at a further meeting, possibly February 4, 2008.

"If it were then resolved to proceed, the final notices would be given out during February. "

He will advise councillors: "The replacement of the existing dog-fouling byelaws and orders covering various specific sites and descriptions of land with one simple order to control dog fouling throughout the district would appear to be generally supported and it is recommended that the council proceeds to make an order to this effect.

"This would allow officers to issue fixed penalty notices of 75 if an offence occurs...

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"The consultation on the other Dog Control Orders, namely prohibiting dogs from certain areas, requiring dogs on leads and limiting the number of dogs under one person's control is more contentious.

"Reaching consensus on these proposed orders has proved to be difficult and further work needs to be carried out and it recommended that each of these three orders is considered separately at different times by the cabinet.

"There would be no advantage is delaying progress with a district-wide dog-fouling order whilst this further work is done."

He concludes: "The making of an order to control dog fouling would appear to be generally supported and could be proceeded following further advertising in local newspapers. There are outstanding issues to resolve about making further dog control orders that officers need further time to explore and report back."