Dogs

To address the problem of dog fouling, the council made an order under the Clean Neighbourhoods and Environment Act 2005 that required all dog owners to clean up after their dog if the dog fouls in a place to which the public has access. This includes paths, footways, roads, verges, parks, play areas, recreation grounds, playing fields, canal towpaths, and the larger public areas. 

Please note, under the Anti-Social Behaviour, Crime and Policing Act 2014, all Dog Control Orders automatically became Public Space Protection Orders (PSPOs) on 20th October 2017.  The terms of the Order are exactly the same as the original, but the order will lapse after three years unless reviewed. The Council may consider modifying the PSPO or adding others at any time, if circumstances and consultation support the case.  This may include, for example, increasing the fine levels. 

Anyone walking a dog must pick up any fouling and dispose of it correctly. You should always carry bags to put the waste in, then you can either take it home to dispose of, use dog waste bins, or even a litter bin. 

If you allow your dog to foul in any public place and do not clean it up you may be liable, on conviction, to a fine of up to £1,000. 

In the case of a first offence, the council may give you the option to avoid prosecution by the payment, of a £80 fixed penalty notice which is reduced to £50 if paid within the initial seven days of issue. If that is not paid or you have offended before then you are likely to be prosecuted. It is not a defence to claim that you had nothing with you to clean up the mess. 

This law does not apply to registered blind people. 

Please Note: Payment must be made in FULL. We do not offer a payment plan or reduced rate to those in receipt of benefits. 

For more information please download a copy of North Warwickshire Borough Council's Dog Control Order.

If you fail to pick up after your dog you could be prosecuted or given an instant fixed penalty notice (fine) of £80 if Council staff see the offence or if it is caught on CCTV. 

I have been issued a Fixed Penalty Notice for failing to pick up after my dog – I have heard that I don’t have to pay the full amount if I pay it quickly? That is correct, the standard cost is £80, if it is paid within 7 days the cost is £50. 

Can I appeal? There are no formal grounds of appeal. A FPN is an invitation for you to effectively cancel your liability to prosecution. This means if you agree that you have committed an offence and pay the fine, no further action (prosecution) will be taken. This saves both you and the courts time. The cost of a FPN is likely to be substantially lower than a court fine. The maximum penalty for failing to pick up after your dog is £1,000. 

What if I don’t agree that I committed the offence? In this case, it would be dealt with through formal prosecution. It will then be up to the court - on receiving evidence - to decide if a penalty should be imposed. If you appeal, you will take the formal court route. Please note: the financial penalty imposed by the Courts can be significantly greater than a FPN. 

Why should I pay if there are no signs about dog fouling in the area where I failed to pick up after my dog? We are not required to place signs tell people not to leave their dog poo/inform them dog fouling patrols are operating. Dog Fouling legislation has been in force for many years. 

Why should I pay a FPN when there were no dog poo bins nearby at the time? We cannot place bins in every single street or road. We try to place bins where they are most needed: the town centre, school routes and major shopping areas. 

But I wasn’t given a warning, surely that is not fair? Our dog fouling campaign has been ongoing; this is no use if the message is being ignored. We take our enforcement duties seriously and the aim of our enforcement patrols target those who choose to ignore dog fouling laws. 

If I am caught, I will just pick the dog poo up and nothing will happen will it? Wrong: the offence relates to failing to pick up your dog poo and walking away. Therefore you have committed an offence and will be issued with a FPN.