• New Dogs Policy and Byelaws

    March 12th, 2018 by Stan Pilling in Dogs Policy and Byelaws ·General News

    Rushen Parish Commissioners – Media Release – Feb 2018
    Policy and Byelaws in relation to Dogs in Rushen Parish

    Are you a Rushen dog owner? Are you concerned about irresponsible dog owners who are not picking up after their dogs foul? Rushen Parish Commissioners are keen to hear your views and indeed the views of all Parishioners on a draft new policy and byelaws to assist responsible dog owners and control irresponsible ones.

    Rushen Parish Commissioners’ policy is based on ensuring our streets are not ruined by dog mess and Parishioners are safe from nuisance dogs. This policy will help ensure dog owners

    1. License and provide permanent identification for their dogs.
    2. Do not leave dog faeces in any public area
    3. Their dogs do not roam at large and become a threat or nuisance in the community.

    Rushen Parish Commissioners’ spokesman Justin Young explained that “while these principles are simple, if all dog owners in a community did them, the majority of our community’s dog related issues would be solved. We have many very responsible dog owners with well-behaved dogs in Rushen but sadly a few people continue to let the side down by not looking after their dogs properly, or clearing up after them. The Commissioners wish to work with dog owners and parishioners to make Rushen Parish a good place where dogs and people can live safely and happily together.”

    New bylaws will be introduced shortly but Rushen Parish Commissioners would like to hear from any government agencies, societies or individuals who would be willing to help both control dog fouling and intimidation, as well as help promote more responsible dog ownership.

    The Commissioners’ consultation runs until Friday 6th April. All comments should be addressed to the Clerk either at Lamode, Ballakillowey Road, Rushen, or to [email protected]

    Attached – Draft Byelaws and Discussion Paper
    Rushen Parish Commissioners
    Policy in relation to Dogs in the Parish – Discussion Paper

    Key Principles

    Rushen Parish Commissioners’ policy is based on three principles that enable dogs, their owners and neighbours to live together in “safety and harmony.”

    1. License and provide permanent identification for their dogs.
    2. Do not leave dog faeces in any public area
    3. Their dogs do not roam at large and become a threat or nuisance in the community.

    Though these principles are simple, if all dog owners in a community did them, the majority of our community’s dog related issues would be solved. Licensing and identification quickly reunite lost pets with their families; proper care and attention from owners ensures dod faeces is cleaned up; and responsible dog owners will prevent their dogs from roaming at large, so reducing community complaints about animals.

    Education as well as enforcement

    Responsible Pet Ownership programs that focus on public education and licensing, are an essential element in a successful policy. When animal control relies heavily on enforcement, as opposed to focusing on educating citizens on the benefits of the responsible dog ownership standards and facilitating and incentivizing compliance with them, the community results suffer.

    What should RPC dogs policy contain?

    1. Byelaws – currently there is no specific legislation in the parish to control dogs and in particular irresponsible dog owners. While RPC wishes to encourage responsible dog ownership, it also needs to have in place legislation to control dogs in certain public places within the parish. The Commissioners therefore seek views on the introduction of the Rushen Parish Commissioners Dog Control Byelaws under the Dogs Act 1990.

    The Commissioners are keen to hear from anyone who has a view as to which areas of the Parish should be included within the byelaws, and from anyone who has concerns about any aspect of the byelaws. The Commissioners also wish to hear the views of ratepayers regarding the level of enforcement which the Commissioners should adopt, and how enforcement can be best implemented.

    2. Bins and dog bag dispensers – to assist dog owners, the Commissioners have provided twenty dedicated bins in which owners can place their dog’s faeces. The Commissioners also agreed to provide four bag dispensers for dog owners, so they can use the bags to collect their dog’s faeces.

    The Commissioners are interested to hear from dog owners whether the current bin locations are adequate, are new bin locations needed, and where bag dispensers would be best placed to get most use from dog owners.

    3. Working with partners – a number of agencies have certain responsibilities for looking after dogs in our community. The Commissioners wish to work with all potential partners including community volunteers to ensure a more responsible approach from all dog owners and a safer more hygienic environment for the people of Rushen.

    The Commissioners propose to work with neighbouring local authorities, the Departments of Infrastructure, and Environment Food and Agriculture, the MSPCA and any other willing partners organisations or individuals.

    The Commissioners would like to hear from anyone who would be willing to help both control dog fouling and intimidation, as well as help promote more responsible dog ownership.

    4. Signage and education –the Commissioners already have signage to discourage irresponsible dog ownership. The Commissioners propose to introduce more signage and education initiatives to reduce incidents of dog fouling and encourage all dog owners to look after their dogs responsibly.

    The Commissioners would like to hear views on what sort of signage should be used and how best to ensure information on responsible ownership gets to all dog owners.

    The Commissioners’ consultation runs until Friday 6th April. All comments should be addressed to the Clerk either at Lamode, Ballakillowey Road, Rushen, or to [email protected]

    Phil Gawne, Clerk, February, 2018

    Statutory Document No. /0x

    THE DOGS ACT 1990

    THE RUSHEN PARISH COMMISSIONERS DOG CONTROL BYELAWS 2018

    Approved by the Department ?????
    Coming into force on 1st August 2018

    Rushen Parish Commissioners makes the following Byelaws under section 24(1) and (4) of the Dogs Act 1990 , with the consent of the owner of those open spaces and car parks that are not vested in, or under the management or control of the Commissioners1.

    1. Title
    These Byelaws are the Rushen Dog Control Byelaws 2018

    2. Commencement and duration
    If approved by the Department of Infrastructure2, after consulting the Department of
    Environment, Food and Agriculture3, these byelaws come into operation on 1 August
    2018 and expire on 1 August 2028, if not revoked earlier.

    3. Interpretation
    (1) In these Byelaws
    “the Act” means the Dogs Act 1990.
    “the Department” means the Department of Infrastructure
    “at large”, in relation to a dog, means not on a lead or under the effective control of a person aged 10 years or over.
    (2) Other words have the meanings ascribed to them by the Act.
    (3) References in these Byelaws to the keeper of a dog do not include:
    (a) a registered blind person in charge of a dog; or
    (b) a member of the Isle of Man Constabulary in charge of a dog in the course of his duty.

    1 Such consent is required by section 24(5) of the Act
    2 As required by section 24(10) of the Act
    3 As required by section 24(10A) of the Act
    3. Penalties
    Subject to Section 24(2) of the Act, any person guilty of an offence under these byelaws may be liable to a fixed penalty fine of £60.00, or upon summary conviction, shall be liable to a fine not exceeding £1,000.

    4. Dogs prohibited from open spaces
    Where any dog throughout the year is permitted to have access to any part of the open space described in Schedule 1, the keeper of the dog shall be guilty of an offence.

    5. Dogs at large in open spaces
    Where any dog throughout the year is found to be at large in the open space described in Schedule 2, the keeper of the dog shall be guilty of an offence.

    6. Removal of canine faeces
    (1) The keeper of a dog is guilty of an offence if he or she fails without reasonable excuse to remove any faeces deposited by the dog —

    (a) any highway in its district which consists of or comprises a carriageway, footpath, greenway, pavement, back lane, verge, other public right of way, including any grassed or planted areas adjoining or abutting thereto
    (b) an open space described in Schedule 3;
    (c) on a beach specified in Schedule 3; or
    (d) in a car park specified in Schedule 3.

    (2) For the purpose of this Byelaw –

    (a) faeces shall be taken as removed if they are deposited in a receptacle provided for the purpose in the area or open space by a local or other public authority;
    (b) it shall not be a reasonable excuse that the keeper did not have with him any means of removal of the faeces.

    MADE 2018

    Seal of Authority

    Signed …………………………………………. Chairman of Authority

    Signed ………………………………………….. Clerk of Authority

    EXPLANATORY NOTE
    (This note is not part of the Byelaws)
    These Byelaws impose controls on dogs in certain parts of the Parish of Rushen.

    Dogs are prohibited from the open spaces described in Schedule 1 and dogs may not be at large in the open spaces described in Schedule 2.

    Dog faeces must also be removed from any highway within its district which consists of or comprises a carriageway and from the open spaces described in Schedule 3.

    Contravention is an offence by the keeper of the dog, punishable by a fixed penalty fine of £60.00, or upon summary conviction, to a fine of up to £1,000.

    SCHEDULE 1
    OPEN SPACES WHERE DOGS ARE PROHIBITED

    Children’s play area at Fairy Hill Ballafesson,

    Playing field at Fairy Hill Ballafesson,

    Ballakilley Recreation Area (with the exception of enclosed area along Ballafesson road which is dedicated for dogs),

    Rushen Churchyard,

    The grounds and playing fields of Rushen Primary School,

    SCHEDULE 2
    OPEN SPACES WHERE DOGS MAY NOT BE AT LARGE

    Public Open Spaces around Cregnesh Village,

    SCHEDULE 3
    OPEN SPACES IN WHICH DOGS` FAECES MUST BE REMOVED

    Public Open Spaces around Cregnesh Village,

    The Parade (open space opposite The Sound Café),
    Picnic Area above Ballakillowey,
    Green situated with-in Croit e Caley,
    Green opposite Rushen Church,