The District Council has just given itself powers to issues various fixed penalties and fines to assist with it’s ‘Street Scene Enforcement Strategy” . This includes not putting out your rubbish correctly. Some of these will be popular – for example, dealing with nuisance parking – others less so.
A couple of years ago, this kind of thing would be discussed in a council meeting. Nowadays it’s agreed by one member of the cabinet. You can download the whole document here, but here’s some parts of it:
EXECUTIVE DECISION BY PORTFOLIO HOLDER FOR THE ENVIRONMENT
SUBJECT: STREET SCENE ENFORCEMENT STRATEGY
1 DECISION MADE
1.1 To adopt the Street Scene Enforcement Strategy.
2 REASON FOR DECISION
The maintenance of environmental quality has been highlighted as a local enforcement priority. The strategy sets out standards and guidance in respect of the delivery of the related regulatory functions including the justification for the various levels of enforcement action. This will be supplemented by service specific policies and procedures and reviewed as necessary.
This strategy deals with street scene enforcement issues and helps to promote efficient and effective approaches to regulatory inspection and enforcement, which improve regulatory outcomes without imposing unnecessary burdens. This is in accordance with the recently drafted Regulator?s Compliance Code. It also complies with the Central and Local Government Concordat on Good Enforcement Practice, which was formally adopted by the Council on the 12 July 2001.
The local priorities contained within the strategy include:-
Adequate arrangements for the storage and disposal of commercial waste and ensuring that they are not deposited on streets out of collection times;
Fly-tipping of waste on public and private land;
Litter in high street and town centre areas;
Graffiti on public, in footpath areas and private land;
Irresponsible dog ownership;
Abandoned and untaxed vehicles;
Wheeled bins, boxes and bags used for the storage of domestic waste (recycling, non-recycling and compostable material) presented in the correct containers and not deposited on streets out of collection times:
3 ALTERNATIVE OPTIONS CONSIDERED
3.1 Not applicable
4 NAME OF PORTFOLIO HOLDER
4.1 Councillor Michael Starke
Under the EPA 1990, the Council can specify what materials can and cannot be placed in certain kinds of waste receptacles and the location where residents must put their waste receptacles to facilitate waste collection. If the location is outside of the boundary of a property, the Council can also specify between what times the receptacles must be put out and taken back in.
The Council can issue a Waste Receptacles Notice to a person who fails to comply with these specified requirements and a person found guilty of failing to comply with a notice can be fined up to ?1,000. The CNEA introduces the use of fixed penalties for failure to comply with a Waste Receptacles Notice.
All waste receptacles must be left for collection within the boundary of the property near to a public highway (unless otherwise agreed in writing) and, where waste containers have to be left on the highway, containers should be presented by 7am on the day of collection.
In lieu of prosecution for failure to comply with a Waste Receptacles Notice, the Council will give an alleged offender the opportunity to discharge any liability to conviction for the offence by the payment of a fixed penalty of ?100……
Controlling the Distribution of Free Literature
…….The CNEA gives local authorities the power to control the distribution of free literature by designating areas of their own land or highways where free literature is only permitted with their consent.
Anyone distributing free material in a designated area without consent (except charities or for political purposes) is committing an offence and, if found guilty, could be fined up to ?2,500.
The Council will consider complaints received about the distribution of free literature and assess whether it is appropriate to make an order to restrict the distribution of free literature. If such an order were to be made, in lieu of prosecution for a distribution of free literature offence, the Council will give an alleged offender the opportunity to discharge any liability to conviction for the offence by the payment of a fixed penalty of ?75……
……The CNEA introduces an offence of leaving two or more motor vehicles parked within 500 metres of each other on a road or roads where they are exposed or advertised for sale, or to cause two or more motor vehicles to be so left. This only applies to persons who are carrying out a business of selling motor vehicles.
The CNEA also makes it an offence to carry out restricted works (repair, maintenance, servicing, improvement or dismantling) on a motor vehicle on a road. This only applies to persons who are in the course of a business of carrying out restricted works or for gain or reward.
Authorised officers are able to take enforcement action, including the removal of a vehicle, for nuisance vehicles on a road.
A person found guilty of a nuisance vehicle offence can be fined up to ?2,500, or a term of not exceeding three months imprisonment, or both.
In lieu of prosecution for a nuisance vehicle offence, the Council will give an alleged offender the opportunity to discharge any liability to conviction for the offence by the payment of a fixed penalty of ?100……
The CNEA allows a dog control order to be made in respect of any land which is open to the air and to which the public are entitled or permitted to have access (with or without payment).
There are two exemptions from land to which dog control orders can be
Land placed at the disposal of the Forestry Commissioners under
section 39(1) of the Forestry Act 1967.
Land over which a road passes is exempt from a dog control order
excluding dogs from the land. The definition
of road includes
public rights of way (including footpaths) and roads and footpaths
through private estates, provided the public have access to them.
The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006 provide for five offences, which may be prescribed in a dog control order:
Failing to remove dog faeces.
Not keeping a dog on a lead.
Not putting and keeping a dog on a lead when directed to do so by an Authorised Officer.
Permitting a dog to enter land from which dogs are excluded.
Taking more than a specified number of dogs onto land.
The Council has formally adopted the Orders identified in paragraphs (a) to (d) above. A person found guilty of a breaching a Dog Control Order can be fined up to ?1000.
In lieu of prosecution for a dog offence, the Council will give an alleged offender the opportunity to discharge any liability to conviction for the offence by the payment of a fixed penalty of ?75.