• Litter Management
• Zones
• Grades of Cleanliness
• Response Times
• Responsible Dog Ownership
• Dog Fouling Legislation
• Litter and Business Responsibilites
• Contact Details

Litter Management

Why should we manage litter and street cleaning?

Litter has a range of effects on our community. Not only is it aesthetically unsightly but it can impact on our environment and our health.

Who should manage litter?

A burden of responsibility falls to everyone to mange their litter in an appropriate manner and ensure that it is placed in a litter bin or taken home to be disposed of with household waste. In an effort to ease this the Moray Council have nearly 1300 litter and lay by bins across the county which are serviced on a varying frequency ranging from daily to twice and three times weekly depending upon the season. Put simply, Duty Bodies must make sure that public land and highways under their control are kept free from litter and refuse, as far as practicably possible and within reason.

Please note that the emphasis should be placed the cleanliness of an area rather than how often it is cleaned.

How is it managed?

The management of litter and street cleansing operations are based upon The Code of Practice on Litter and Refuse (opens in new window) which was issued Under Section 89 of the Environmental Protection Act (EPA) 1990, and sets out the legal standards which every Duty Body has to achieve. In the majority of cases this will fall to the Local Authority however, it should be noted that transport terminals including bus, rail stations and harbours are the responsibility of the operator.

The objective of the Code of Practice is: ‘To provide practical guidance on the discharge of the duties under Section 89 by establishing reasonable and generally acceptable standards of cleanliness which those under the duty should be capable of meeting’

To attain a level of consistency The Moray Council will:

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Zones

All areas within a Duty Bodies control have to be zoned, reflecting the predominant land use. Each type of land, such as town centres, roads, beaches, railway land, has its own specific zone, and each zone has a timescale within which the Duty Body should return it to a litter-free standard. It is up to the relevant Duty Body to allocate their land to these zones, and zoning should be reviewed periodically to ensure that it remains appropriate and reflects any changes in land use.

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Grades of Cleanliness

The Code of Practice identifies four grades of cleanliness:

	Grade A:	no litter/refuse
	Grade B:	predominantly free of litter/refuse apart from some small items
	Grade C:	widespread distribution of litter/refuse with minor accumulations
	Grade D:	heavily littered with significant accumulations

Grade A is the standard to which a thorough conventional sweeping/litter-picking should achieve. Whilst Grade A is the aim, it is not reasonable to expect that standard to be maintained at all times.

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Response Times 

Finally, there are several practical issues which the Code takes into consideration. The time periods given in the table are the maximum response times for cleaning an area which has become littered. In many cases, these areas will be cleaned much more frequently. However, there may be occasions when these response times cannot be met.

Examples in the Code of where it may be considered impracticable to clear within duty time scales include when there are severe weather conditions, when special events prevent access to the duty land and to avoid damage to sensitive habitats. The time scales in the table above should be discounted between 6pm and 8am, and it may also not be considered practicable to expect bodies to meet the duty at Christmas. However every effort must be made to clear the land at the earliest opportunity.

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Responsible Dog Ownership

Falling foul of the law

Are you your dog’s best friend? Help The Moray Council keep streets, pathways and parklands free of dog fouling. The Dog Fouling (Scotland) Act 2003 (opens in new window) makes it an offence for any person in charge of a dog not to immediately pick up and dispose of its fouling in an appropriate manner. Please see Dog Fouling Legislation section for more information.

Dog control

The Dog Fouling (Scotland) Act 2003 (opens in new window) makes it an offence for anyone in charge of a dog to allow it to foul in any public place which the public has express or implied permission to have access over. This includes any common passage, close, court, stair, back greens, garden, yard or other similar common area without lifting it immediately and disposing of it properly. In order to help you clean up after your dog the Council has made dog scoop bags available (free of charge).

Bag it and Bin it

Please be a responsible dog owner – take a poop scoop or plastic bag with you every time you take your dog for a walk. Clean up immediately after your dog has fouled any public place, then bag it and bin it.

Click here to see where to get free dog scoop bags, or buy them from commercial outlets such as pet shops or supermarkets.  If there isn’t a dog waste bin, you can put your poop scoop in any suitable litter bin, or alternatively take it home and deposit it in your refuse bin.  The Moray Council recognises that the majority of dog owners already clean up after their dogs. It is our policy to deal with the minority who do not.

Be aware that failure to clean up may result in a fixed penalty fine.  It is also a criminal offence not to provide your name and address when requested to by an officer authorised under the Dog Fouling (Scotland) Act 2003) (opens in new window).

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Dog Fouling Legislation

The main piece of legislation covering dog fouling is The Dog Fouling (Scotland) Act 2003 (opens in new window). The Act makes it an offence for any person in charge of a dog not to immediately pick up and dispose of its fouling in an appropriate manner. This legislation applies to all areas of public open space, including:

• children's play areas
• pavements, footpaths and roads
• pedestrian precincts
• all grass verges
• parks and other recreational areas
• canal footpaths and cycle ways
• common areas, such as drying greens, back courts and stair closes

Under the Act, failure to clean up after your dog may result in you receiving a fixed penalty fine. The fixed penalty is currently £40, and rises to £60 if not paid within 28 days.

If you wish to appeal against a dog fouling fixed penalty a request for a hearing must be made in writing to the Council before the expiry of the payment period.

If a dog fouling fixed penalty fine is not paid within the required period and a hearing has not been requested, the matter will be passed to Sheriff Officers for recovery of the debt.

The Act also removes the need for corroborative evidence in relation to dog fouling offences, and makes it an additional offence if you fail to give your name and address details to an authorised officer. If you are found guilty of this additional offence, you could face a fine of up to £500.

It is not an excuse to be unaware of the dog committing the offence so make sure you know where your dog is at all times.

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Contact Details:

Telephone: 01343 557045
Email: waste@moray.gov.uk

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