Cork City and Tipperary Councils fail to issue a single dog fouling fine in 17 months

Both councils claim the legal requirement of proving the offence makes it 'almost impossible' to issue fines

Over the 17-month period, the councils in Munster issued over 3,000 litter fines between them, but just 33 fines for dog fouling were handed out. File picture: Denis Minihane

Local authorities in Cork city and Tipperary failed to issue a single dog fouling fine between them from January 2020 to May 2021, with both identifying the practicalities of proving the offence as a major issue.

Over the 17-month period, the councils in Munster issued over 3,000 litter fines between them, but just 33 fines for dog fouling were handed out.

Cork County Council, Waterford City & County Council, Limerick City & County Council, and Kerry County Council were responsible for all of these, with neither Cork City Council or Tipperary County Council issuing a single fine.

A spokesperson for Cork City Council defended the authority's record, clarifying that to issue a fine, the “litter warden must actually witness both the dog depositing faeces and the person in control of the dog neglecting to remove the faeces”.

“The practicalities associated with this mean that it is almost impossible to issue fines for such offences,” they added.

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The council spokesperson explained that, alternatively, a member of the public who witnesses a dog fouling offence can make a complaint to the litter warden or litter management section.

However, the spokesperson went on to add that, in such a case, a fine can only be issued “if the complainant can provide the identity and address of the person who was in charge of the dog at the time, and if the complainant is prepared to go to court if necessary and give evidence”.

“The legal requirement for the complainant to go to court in such cases is a barrier for members of the public proceeding with their complaint as anonymity is often required by members of the public who report such instances,” the spokesperson added.

A spokesperson for Tipperary County Council said the local authority is “very aware of the negative effects that dog fouling can have”.

Tipperary County Council implemented a number of initiatives in 2021 to raise awareness and tackle dog fouling.

These included the provision of ‘mutt mitts’ throughout the county to help owners dispose of their dog waste in a safe manner and several information and engagement campaigns.

They said the local authority is “working hard to tackle dog fouling issues” but they echoed the concerns of Cork City Council in terms of the difficulty in issuing fines.

“However, the general consensus is that it is very challenging to successfully fine for dog fouling, as it is extremely complex and difficult to prove,” they added.

An officer of the local authority would have to witness the dog fouling, establish ownership of the dog and may have difficulties obtaining owners names/address.

“The current legal framework makes it a complex area and an offence can be difficult to prove, hence the low figures for fines issued.” 

Overall, the Munster councils issued 3,100 litter fines during the 17-month period, with Cork City Council responsible for about half of those, and Tipperary County Council issuing 300 fines for litter offences.

Waterford City & County Council issued 12 dog fouling fines in 2020 along with almost 270 litter fines during the same period.

Kerry County Council did not issue a fine for dog fouling offences in 2020 but dished out eight in the first five months of this year. The local authority also issued 126 litter fines in 2020 and the first five months of 2021.

Limerick City & County Council handed out five dog fouling fines in 2020 and another two in 2021, as well as more than 400 litter fines in the same period. Some six dog fouling fines were handed out by Cork County Council in the 17-month period, along with almost 270 litter fines.