Dog fouling
On this page
— Dogs (Fouling of Land) Act 1996
— How to report dog fouling
— What happens if you don't clean up after your dog
— The facts about Toxocara Canis
Dogs (Fouling of Land) Act 1996
The Council adopted the Dogs (Fouling of Land) Act 1996 to cover all land within its district which is open to the air and to which the public are allowed or permitted to have access. This includes:
- Pavements
- Parks
- Roads
- Open Spaces
- Footbridges
- Amenity Areas
- Footpaths
- Shopping Precincts
- Grass Verges
- Car Parks
- Playing Fields
Anyone in charge of a dog must clean up after their dog, seal/tie the bag and place it in an appropriate receptacle. Any litter bin or dual use bin can be used or, if there is not one nearby, the bag can be disposed of with your own domestic rubbish. Note that leaving a bag of dog mess in a public place is not complying with the law.
The law does not apply to the following:
- Land comprised in or running alongside a highway where the speed limit is over 40mph.
- Land used for agriculture or woodland.
- Land which is permanently marshland, moor or heath.
- Rural common land.
Private gardens, drives, roads etc. are not covered by the legislation as they are not for general public access.
People who are registered blind and in control of a dog are exempt from the legislation.
If you are not sure whether the Act applies to an area, you should assume that it does.
How to report dog fouling
If you have a dog fouling hot spot near where you live i.e. where there is regular and persistent fouling, you can report this to Winchester City Council’s Environmental Health and Licensing Team:
- Email: eh@winchester.gov.uk
- Telephone: 01962 848 097
In reporting a fouling hot spot it will enable us to focus resources on the areas of greatest need.
However, the best way to help catch the small percentage of dog owners who do not clean up after their dogs is for you to report an offence to us when you see it. Let us know the time, date, place and circumstances of the offence, plus a description of the owner and dog. If you know where the offender lives or can give us the car registration, this would help us with identification, although we would need statements as evidence of the offence.
What happens if you don't clean up after your dog
Failure to clean up after your dog is an offence. Anyone seen allowing their dog to foul and not cleaning up after it may be approached by the Council's Animal Welfare Officer or other authorised officers and their details taken. The Council may prosecute for such offences although the offender may be offered the option to pay a Fixed Penalty Notice of £50. A repeat offender or someone who has committed multiple offences may not be offered the option of a Fixed Penalty Notice.
The owner will have the opportunity to pay the Fixed Penalty and thereby avoid conviction. The notice must be paid to Winchester City Council within 14 days or, alternatively, if the Fixed Penalty is not paid, the offender may be prosecuted and if found guilty of the offence, fined a maximum of £1,000. It is no defence to claim ignorance of the dog's actions.
We do not operate a payment scheme for Fixed Penalty charges.
The facts about Toxocara Canis
There can be little doubt that fouling of pavements and public places by dogs is something which, quite rightly, annoys the large majority of the public. But, of course, it is not just the fouling itself but the fear of disease which may be passed to humans, particularly children, that worries people most.
Toxocariasis is caused by the roundworm Toxocara canis, present in dogs. Humans can become infected by ingesting toxocara eggs which are found in dog faeces. The life cycle is not completed in people and never results in worms. Freshly deposited faeces pose no threat so, if the faeces is cleared immediately there is no danger.
Can children go blind?
Despite scare headlines in the newspapers, blindness or visual impairment from Toxocara infection is possible but extremely rare.
How many cases occur in a year?
Cases do occur every year in the UK, although fortunately very few are serious. Many people will have had the infection but will be unaware of it as they have not suffered any serious symptoms. However, even one case is one case too many and with basic hygiene practices, people cleaning up after their dogs and regular worming of dogs and cats, the disease is easily preventable.
Why are children more at risk?
Children, especially toddlers, crawl on grass in gardens and parks. They may pick up the toxocara canis eggs on their hands and then put fingers in their mouths. With proper measures such as cleaning up after dogs in these areas and keeping children's sandpits covered when not in use etc., the risk would be even less.
It is important that children should be taught to wash their hands regularly after playing with animals and always before eating.
Worms are present in greatest numbers in bitches who are nursing puppies and the puppies themselves. The best way to cut down the amount of eggs is to worm puppies and bitches regularly according to your vet's advice. Adult dogs will also need regular worming throughout their life.