Dog control statement: Dog control on Hampstead Heath
Current management of dogs
Responsible dog walkers and their dogs are welcome on Hampstead
Heath. The Heath is a great place to walk dogs and they are part of
the character of this most special place. In surveys of Heath
users, dog fouling and poor dog control always come out toward the
top of people’s dislikes. It is vital that the City of London acts
to ensure that a few anti-social dog walkers do not spoil the Heath
for all other users and dog walkers.
Hampstead Heath is covered by existing bylaws (see Appendix A)
and other legislation that deals with the control of dogs. The City
of London has taken, and will continue to take, action under these
bylaws when dogs are not kept under proper control.
While most dog walkers are extremely responsible, there is
concern that dog related problems are becoming more common. Dog
fouling has been identified as a significant pollutant on the Heath
and action is required to reduce the damaging impact that dog
faeces is having on the fragile ecology of the site. Unlike grazing
animals, which feed off the land and return waste of a similar
mineral content, the food that we give our dogs is highly
nutritious and their waste contains high levels of phosphorus. This
builds up in the soil causing problems for plants, particularly
trees. It can also be leached into ponds, contributing to problems
with algal blooms.
There were 44 reported dog incidents in 2008/9 of which 7
involved professional dog walkers.
In recent years there has been an increase in the number of
people, predominantly professional dog walkers, visiting the Heath
with relatively large numbers of dogs. It is estimated that 40
individuals use the Heath for professional dog walking. Some
people, especially small children and older people, can find dogs,
particularly in groups, intimidating. It is recognised that a dog
can be out of control whether walked singly or as part of a large
group, but there is increasing concern from the public that large
number of dogs cannot be adequately controlled or dog mess picked
up and disposed of responsibly. DEFRA states that expert advice is
that the maximum number of dogs which a person can control should
not exceed six. Responsible dog walkers observe this guidance.
In response to increased concern, the City of London is
increasing Heath Constabulary patrols to address the issue of dog
control. Several of our Heath Constabulary officers are Home Office
trained dog handlers and are expert in determining when dogs are,
or are not, under proper control.
Nevertheless, the City of London believes that further measures
to tackle dog control may need to be pursued if problems continue
to increase.
A strategy for the future
While existing Heath bylaws and other legislation provides a
framework for the general control of dogs, there is additional
legislation available that could prove important if it becomes
necessary that specific problems need to be addressed.
The Clean Neighbourhoods and Environment Act 2005 and the Dog
Control Orders Regulations 2006 gave local authorities the power to
make Dog Control Orders, enabling enforcement through issue of
fixed penalty notices, rather than process by summons under the
Bylaws.
However, as Hampstead Heath is outside the City of London’s
administrative area the City of London has no direct powers under
the 2005 Act to make Dog Control Orders.
The fact that the Heath spans two local authority areas (London
Boroughs of Camden and Barnet) does not help in our desire to
create a cohesive approach to dog control.
The London Borough of Camden has made Dog Control Orders under
section 55 of the Clean Neighbourhoods and Environment Act 2005
which apply to those parts of Hampstead Heath within its
administrative area. The offences provided for are:
a) Failing to remove dog faeces.
b) Permitting a dog to enter land from which dogs are
excluded.
c) Failure to have a dog on a lead when requested to do so by an
authorised officer.
The City of London has been given agency status on the parts of
the Heath within Camden, and the Heath Constabulary are authorised
officers, allowing them to implement fixed penalty notices for the
purposes of these offences. The maximum number of dogs that each
owner is allowed is not addressed by the Dog Control Orders made by
the London Borough of Camden. The 2005 Act makes no distinction
between professional and other dog walkers.
The London Borough of Barnet has not pursued Dog Control Orders
under the 2005 Act and currently the City understands it is not
intending to do so.
Through DEFRA the City of London is now seeking secondary
authority status, which would allow us to adopt a coherent approach
to dog control across the whole of the Hampstead Heath and the
other open spaces that we manage but which are located in other
local authorities’ areas. On Monday 22 March, DEFRA confirmed that
in principle that it would consider working up the necessary
statutory instruments to enable this to happen. If the City of
London is granted secondary authority status we will consider
introducing a range of dog controls, including a requirement to
remove dog faeces and a prohibition on visitors taking more than a
specified number of dogs onto the Heath.
Such proposals would of course be accompanied by full
consultation. Any Dog Control Orders made by the City of
London in relation to Hampstead Heath would be subject to any
orders made by the London Boroughs of Camden and Barnet, as primary
authorities for the area.
In addition, a Dog Behaviour Code for all of the City’s Open
Spaces is being developed to present a single, unified approach to
dog control.
Any changes in the management of dogs will be shaped by full
consultation with dog walkers, general Heath users and all relevant
groups and organisations and will include close liaison with
neighbouring local authorities.
Appendix A Heath bylaws relating directly to dogs
21 No person shall cause or suffer any dog belonging to him or
in his
charge for the time being to enter or
remain in any open space unless
such dog be under proper control and be
effectually restrained from
injuring, annoying or disturbing any
person or animal or from running
on any flower bed or injuring any tree,
shrub or plant.
22 No person shall in any open space allow any dog or other
animal
to enter any lake, river or pond, entry on
which by dogs or other
animals is prohibited by notice.
23 No person shall, in any part of any open space where a
notice
stating that all dogs or dogs of a particular
class or breed must be kept
on a lead or muzzled is exhibited, cause or
suffer any dog belonging
to him or in his charge for the time being
to enter or remain therein
unless such dog is kept on a lead or is
muzzled in accordance with
such notice, and no person shall in any
part of any open space where
a notice prohibiting the admission of dogs
is exhibited, cause or
suffer any dog belonging to him or in his
charge for the time being
to enter there in.
24 No person shall in any open space race or train any whippet
or
other dog.