Most dog owners are very responsible and do pick up after their pets, but a small group of people choose to ignore the rules. Dog owners are required to pick up after their dogs and dispose of the faeces in a safe manner. Any council litter bin can be used to dispose of bagged faeces.
Fixed Penalty Notices
Fixed Penalty Notices can be issued by a Dog Warden, a Street Warden or a Police Community Support Officer (PCSO) in Torbay.
Fixed Penalty Notices will be issued where evidence is obtained proving an owner has failed to pick up after their dog
The majority of FPNs issued are to dog owners who fail to pick up after their dog because they weren’t keeping a close eye on their dog and they did not see it foul. There is no excuse if you did not see the dog foul.
It is, therefore, important to ensure that you keep a close eye on your dog whilst you are walking it, particularly while it is off its lead. Even if it has already fouled, it is not unusual for dogs to defecate a number of times whilst out for a walk.
Is there a right of appeal?
There is no right of appeal against the service of a fixed penalty notice. Payment of an FPN means that the council will no longer seek to prosecute the individual for the offence they have committed. If the individual wishes to dispute the offence then their only recourse is to allow the matter to proceed to prosecution in the Magistrates Court. They will then have a chance to make their case to the Magistrate who will then decide whether there is sufficient evidence to convict the person of an offence. However, person wishing to take that route should be aware that the maximum fine for dog fouling is £1000 and the person may also be liable for legal costs.
In Torbay, it costs £75 to pay a fixed penalty notice, there is a £25 reduction for payment within 7 days of service.
Is there a right of appeal?
No - A Fixed Penalty Notice is a ticket which means that the person receiving it has to pay a charge. If the person refuses to pay the charge they can be taken to court and the court may then decide to make them pay even more money or prosecute them.
The Fixed Penalty Notice charge for dog fouling in Torbay is £75. If the charge is paid within 7 days, there is a £25 reduction.
Those dog owners that bag the mess but don't bin it (for example they dispose of the bag in a hedge, a tree or a garden and by doing so are littering) could face a maximum penalty of £1,000 in court.
- Where possible dispose of dog faeces in a designated dog waste bin.
- If you can't find a dog bin, bag your pet's faeces and take it home for disposal.
- If no other option is available pick up any mess and seal it well using a bag which can then be carefully placed in a standard public litter bin.
TOR2 will remove any dog waste from council land.
When reporting think about the following:
- Do you know of a dog owner who never or hardly ever picks up after their pet?
- Do they usually walk the dog at a certain time during the day?
- What times are the offences being committed?
- Where are the offences being committed?
- What does the dog look like?
- What does the owner look like?
- If the dog owner is using a car, what is the number on the registration plate?
We cannot investigate every complaint but will use the data we receive as a means of targeting our patrols to enforce this issue.
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- TOR2 Streetscene Enquiries
- Tel: 01803 701310