Bohemia Village Voice

By John Humphries (Jul 2006)

Is it or isn’t it illegal not to clear up after your dog has used the gutter of the road to defecate? That’s the question posed by our editor to Hastings Borough Council recently. The reply, received on Monday of this week, reads “…it is an offence to leave the dog faeces in the gutter …”, but goes on “if the road in question has a speed below 40mph”. Well, as all roads in Bohemia have a speed limit below 40mph, it’s clear that it is an offence. The helpful lady who answered this query was a Margaret Amess (really), of the Dog Unit Warden Service.   If you’d like to read her reply in full (best to sit down first), this is it:

“The Dogs (Fouling of Land) Act 1996 was introduced to reduce the problem of dogs fouling on public land. 

Section 1(1) of this Act states:- subject to sections 1(2) and 1(4), this Act applies to any land which is open to the air and to which the public have access (with or without payment).

Section 1(2) This Act does not apply to land comprised in or running alongside a highway which comprises a carriageway unless the driving of motor vehicles on the carriageway is subject, otherwise than temporarily, to a speed limit of 40 miles per hour or less.

Section1(3) This Act does not apply to land of any of the following descriptions, namely – (a) land used for agriculture or for woodlands; (b) land which is predominantly marshland, moor or heath; AND (c) common land to which the public are entitled or permitted to have access otherwise than by virtue of section   193(1) of the Law of Property Act 1925 (right of access to urban common land).

Section 1(4) Where a private Act confers powers for the regulation of any land, the person entitled to exercise those powers may, by notice in writing given to the local authority in whose area the land is situated, exclude the application of this Act to that land.

 I understand this to say that it is an offence to leave the dog faeces in the gutter if the road in question has a speed below 40 mph, over 40 mph is deemed too dangerous to remove the faeces. I hope this information helps you.” –  Margaret Amess, Warden Service (Dog Unit)”.

Now, aren’t you glad you read that?

I Treadwell writes (Jul 2006)

I have often wondered where the law stood on dog mess and I congratulate you for publishing those extracts [Bohemia Village Voice No. 27, Wed 19 July]. However, it’s all very well Mr Blair and his like passing all this in parliament but when are they going to put their foot down? I Treadwell, St Leonards.