Fixed Penality Notices *

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.

 

More Information *
For further information, please contact BDC Customer Service Centre at csc@braintree.gov.uk

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