COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 10, 2018

QUESTION NO 7

QUESTION: Councillor S. Holland

To ask the Chief Executive whether the dog warden and litter wardens can patrol dog fouling hotpots (some parks and estates) together in order to deter dog owners from letting dogs stray and hand out fines if applicable?

REPLY:

The menace of dog fouling continues to attract attention and is of concern to many across the county.

Section 22 of the Litter Pollution Act 1997, as amended (the Act), states that ....."the person in charge of a dog is subject to a fine or prosecution if he/she does not immediately remove any faeces deposited by their dog in certain places, and/or if that person fails to ensure that the dog litter is properly disposed of in a suitable sanitary manner".

Litter Wardens with specific authorisation under the Litter Pollution Act 1997 as amended, regularly patrol parks and areas where it is perceived that there is a proliferation of dog litter.   (Dog Wardens have no authorisation / warrant under the Litter Pollution Act).

As previously outlined, the difficulty with enforcement of Section 22 is the requirement for witness testimony, to report that the offence happened and that an identified person is the person in charge of the dog. Similarly, given the stance of our parks and open spaces it is not possible for personnel to be at particular location(s) as fouling incident arises. 

In efforts to combat the problem of dog foul, and as part of the Litter Management Plan, the Council has embarked on a high level Dog Foul campaign as follows:

Dog Litter Signage (3 different designs) are available and requests for signage are considered. Throughout the year dog litter signs are erected within the county by Council personnel and similarly, signage is provided directly to Councillors / Registered / Residents Groups for distribution and erection locally, subject to certain conditions pertaining to sight lines, health and safety etc.  

Similarly, a very forceful media campaign has been undertaken including cinema and radio adverts and currently, dog litter stickers, image attached, are being piloted on existing litter bins demonstrating that these receptacles are suitable for such litter. 

Arrangements are also being made for the provision of Green Dog Walker (GDW) promotion material at popup stands in Council's public buildings.  As GDW is a community led initiative it is intended to make a GDW pop up stand available to community groups for use at their community events.

The primary legislation pertaining to control of dogs is the Control of Dogs Act 1986. It is a legal requirement under this act that a dog must be under effectual control at all times when outside of the premises of the owner/person in charge of the dog.

The Control of Dogs Regulations 1998 set out specific rules for certain breeds of dogs which must be muzzled at all times when out in public.  These regulations also provide that any of these breeds must be led by a person over the age of 16 and kept on a strong short chain or lead not longer than 2 metres in length and wear a collar bearing the name and address of their owner at all times.

Section 4.1 of the South Dublin County Council's Parks and Open Spaces Bye Laws also provide as follows in relation to Dogs:

4.1       Dogs:-

 4.1.1    No person: 

  1. a) Shall take into or allow to remain in a Park any dog unless it is under effective control on a leash other than in areas designated (dog runs) or at times specified by the County Council. 
  2. b) In charge of a dog in a Park shall engage it in coursing or permit it to be engaged in coursing in a Park. 

4.1.2    Persons in charge of a dog in a park shall 

  1. a) Take reasonable care to prevent it from causing annoyance to any person using the Park or worrying, chasing, injuring or disturbing any animals, birds or other creatures in the Park. 
  2. b) Be liable for any damage or injury which may be caused by the dog. 
  3. c) Remove it from the Park if so directed by an Employee of the Council or an Authorised Person.

The Council currently has an approved number of Park Rangers (14) whose primary role is to supervise designated park areas and to patrol the grounds to ensure compliance with the Parks & Open Spaces ByeLaws. 

However again due to the large area of parklands and open spaces it is not possible for personnel to cover all areas at all times.   Nonetheless as previously committed signage reflecting the ByeLaws in relation to control of dogs have been procured for display in our parks.