Byelaws and Orders
A byelaw is a local law which is made by a statutory body, such as a local authority, under an enabling power established by an Act of Parliament. If there is general legislation to cover the subject causing concern, byelaws are not generally considered suitable. Since byelaws create criminal offences, they cannot come into effect unless they have been confirmed by a Secretary of State for Communities and Local Government .
The Dog Fouling of Land Order 1998 PDF, 211.82 KB applies to all land within the Borough of Dartford and requires any person in charge of a dog to immediately remove any dog fouling that their dog has produced and to dispose of it properly. 'Land' in this case means any land that the public are entitled or permitted to have access to and is open to the air. It does not apply to private land where the public are not permitted to have access.
A person is guilty of an offence unless they have a reasonable excuse for failing to comply with the Order. In the case of dog fouling, not knowing a dog has fouled, or not having the means to clear it up e.g. a bag, are not reasonable excuses.
Examples of the type of land to which the Dog Fouling of Land Order applies:
- Parks and public open spaces
- Town centres, shopping areas
- Roads, pavements, public footpaths, byways, bridleways etc
- Woodlands, but not Forestry Commission land
- Agricultural land where the public have access
- Common land