Council’s primary consideration is to balance the interests of those in charge of dogs against the interests of those affected by the activities of dogs, bearing in mind the need for people, in particular children, to have access to dog-free areas and areas where dogs are kept under strict control, and the need for those in charge of dogs to have access to areas where they can exercise their dogs without undue restriction.
Part 5 of The Clean Neighbourhoods and Environment Act (NI) 2011 enable councils to create up to five separate orders to help manage issues associated with dogs in their area. Dog Control Orders can be made in respect of any land in the district council area, subject to certain exemptions, and can relate to the following five matters.
(a) Failing to remove dog faeces;
(b) Not keeping a dog on a lead;
(c) Not putting, and keeping, a dog on a lead when directed to do so by an authorised officer;
(d) Permitting a dog to enter land from which dogs are excluded; and
(e) Taking more than a specified number of dogs onto land.
The Department of Agriculture, Environment and Rural Affairs (DAERA) published guidance on Dog Control Orders states that district councils must be able to show that this is a necessary and proportionate response to problems caused by the activities of dogs and those in charge of them.
Dog Control Orders
Further to public consultation and Committee approval Derry City and Strabane District Council has implemented the following Dog Control Orders pursuant to Part 5 of the Clean Neighbourhoods and Environment Act (NI) 2011:
The Fouling of Land by Dogs
(Derry City and Strabane District Council) Order 2015
The Order makes it an offence for a person in charge of a dog not to remove forthwith faeces deposited by the dog. The Order applies to all land within the Council area which is open to the air and which the public are permitted or entitled to have access (with or without payment). The Order does not apply to land held by the Department of Agriculture and Rural Development for the purposes of any of its functions under the Forestry Act (NI) 2010.
The Dogs on Lead by Direction
(Derry City and Strabane District Council) Order 2020
This Order makes it an offence for a person in charge of a dog to fail to comply with a direction given by an authorised officer of the Council to put and keep the dog on a lead of not more than 1.8 metres (6 feet) in length on land specified in Schedule A of the Order. A dog deemed not under control would be a dog that is not responding to their owner’s commands, which at best is a nuisance but at worse a danger to members of the public.
Schedule A
This Order applies to all land within Derry City and Strabane District Council which is:
- open to the air; and
- is land to which the public are entitled or permitted to have access with or without payment.
The Dogs on Leads
(Derry City and Strabane District Council) Order 2020
This Order makes it an offence for a person in charge of a dog to fail to keep the dog on a lead of not more than 1.8 metres (6 feet) in length on land specified in Schedule B below.
Schedule B
This Order applies to the following areas within the Derry City and Strabane District Council area:
All shared use pathways:
- In Council parks
- The City Urban Greenway (i.e. extending from Boomhall pathway and Foyle Bridge along both sides of the river to Nixon’s Corner and Newbuildings)
- Faughanview, Drumahoe
- Kilfennan Valley Park
- Swinging Bridge, Sion Mills
- Vaughan’s Holm, Newtownstewart
- Dergy Castle Park, Castlederg.
It also includes:
- Council owned cemeteries (both Active and Closed)
- Brooke Park, Derry (entire park area)
- Council owned lands surrounding Council Leisure Centres and Community Centres; including associated car parking.
Exemptions: Land held by the Department of Agriculture and Rural Development for the purpose of any of its functions under the Forestry Act (Northern Ireland) 2010 (NI) is not subject to any of the above Dog Control Orders
The Dogs Exclusion
(Derry City and Strabane District Council) Order 2020
This Order makes it an offence for a person in charge of a dog to take the dog onto, or permit the dog to enter or to remain on, any land listed in Schedule C below, subject to the exception contained in paragraph 2 (i.e. an assistance dog being used by a person with a disability within the meaning of the Disability Discrimination Act 1995).
Schedule C
This Order applies to the following areas within the Derry City and Strabane District Council area:
This applies to All Council owned:
- Leisure centres
- Children’s play parks/ areas; whether fenced or not
- Football fields
- MUGA pitches
- Tennis courts
- Bowling greens
It also includes:
- Brandywell Stadium & Showgrounds (exemption - greyhounds in the Greyhound Racing Stadium), 155 Lone Moor Road, Derry, BT48 9LA
- St. Columbs stadium pitch and track, Limavady Road, Derry
Penalty
The penalty for committing an offence contained in a Dog Control Order is a maximum level 3 fine (currently £1000). Alternatively, the opportunity to pay a fixed penalty of £80 could be offered in lieu of prosecution; which could be further reduced to £50 for early payment.
Please note that the penalty for dog fouling has recently increased to £100; with reduction to £50 for early payment.
Map of the Dog Control Orders
Although we believe that the descriptions of the types of lands where controls apply are fairly easy to understand Council has created an on-line map with colour coding, as well as new signage.
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Dogs must be on leads while on all shared use pathways: in our parks and along listed popular walkways |
Dogs are excluded from all Council owned:
It also excludes dogs from Brandywell Stadium & Showgrounds (except greyhounds in the racing stadium); and St Columbs stadium pitch and track |
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Dogs must be on Leads throughout all cemeteries, Brooke Park, land around Council Leisure Centres and Community Centres; including associated parking |
*The Fouling of land by Dogs and The Dogs on Lead by Direction Dog Control Orders apply to the entire Council area open to the air which the public are entitled or permitted to with or without payment
It should be noted that many of the listed controls, especially those in relation to exclusion of dogs from areas were already in place i.e. Council owned children’s play areas, football pitches, multi-use games areas (MUGAs), artificial pitches, bowling greens and tennis courts.
All new Dog Control Order signage contain a QR code which when scanned will enable a dog walker to see what controls are in place, where they are, and also where the nearest dog foul bins are.
Further Developments
A Responsible Dog Ownership booklet will be created to promote awareness of these Orders as well as other aspects of responsible dog ownership; this will be circulated to households throughout the Council area.
Our highly successful Schools Education programmeincludes information on why dog control orders have been introduced and how they balance the risks posed by dogs with teh rights of dog owners/walkers to responsiblity exercise their dogs. We are currently creating and developing a Community Education Programme on Responsible Dog Ownershipwhich will be rolled out later in the year.
In addition to dog wardens enforcing the dog control orders we will seek to train and authorise a number of frontline staff from across the various sections of Council to enforce some of the controls. This will enable a more effective and comprehensive approach to responsible dog ownership.
An evaluation will be carried out mon all Dog Control Orders to determine the effectiveness of each order, the level of compliance and a consideration of whether additional controls should be added or some controls be relaxed. It is imperative however that Dog Control Orders are easy to enforce, since failure to enforce robustly can undermine the enacting of an order. This is particularly the case for orders that exclude dogs completely from areas of land. The entire objective of the dog control orders is to be an effective additional tool in promoting responsible dog ownership.
Dog Control Orders:
1. Dog-Fouling-of-Land-by-Dogs-(Derry-City-and-Strabane-District-Council)-Order-2015
2. The-Dogs-on-Leads-by-Direction-(DCSDC)-Order-2020