It an offence for dog owners or those in charge of dogs not to
clean up after their dog has fouled on all land and open spaces to
which the public has access including roads, pavement school
playing fields, footpaths parks and other areas. It is an offence
to drop litter on any land to which the public has access. Anyone
caught committing an offence will be issued with a fixed penalty
notice.
Officers employed by Braintree District Council, a number of parish
council officers and officers of the Environment Agency have been
authorised by the council to issues Fixed Penalty notices.
They are not on the spot fines in that you are required to pay
the fine there and then. A person who receives the Notice can avoid
Court action by paying the fine to the council within fourteen
days. If the fine is not paid, or paid late, then action in the
Magistrates Court will follow.
The absence of litter bins / dog-waste bins is not a reasonable
defence against the offence of littering.
What is covered by the term "litter"?
The term litter covers any discarded items, which cause
defacement of the area, including cigarette butts, chewing gum,
sweet papers or drink cans and includes dogs mess.
In the case where a child drops litter or dosn't clear up a dog,
the action will depend on his/her age;
Minors under the age of 16 cannot be served with a fixed penalty
fine. Between the ages of 16 and 17 when an offence is witnessed, a
fixed penalty notice can only be served in the presence of a parent
or guardian.
The Law can apply to people throwing litter from moving
cars.
The Council have the power to issue fines to people who throw
litter from moving cars and the car owners will be traced via their
car registration numbers.