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Worried by anti-social behaviour, vandalism and crime and disorder in your local area? The Clean Neighbourhoods and Environment Act 2005 may help. The Act gives powers to local authorities, the police, fire services and others to take anti-social behaviour affecting the local environment into account in setting their crime and disorder reduction strategies. So offences such as fly tipping and nuisance vehicles are relevant. There is a new gating order restricting public rights over minor highways. For example if local thugs are using that area, it could be blocked off.
Where a local business or residents are bothered by anti-social behaviour it will now be possible to block off or gate access points to the highway such as using metal gates. There are new powers to remove abandoned cars from the streets immediately without notice. It is also illegal under s3 of the Act to leave a car in a public place with a notice inside saying it is for sale. Nor can you mend cars for pay on a public highway. Litterbugs are also caught. It is an offence to drop little anywhere on open land including private land, rivers, ponds and lakes so, for example landowners who must allow ramblers their “right to roam” over their land could prosecute if those exercising those rights drop litter.
Anyone operating stalls, street vending and the like can be required to clear up after them. It is also now made entirely clear that chewing gum and cigarette ends are litter. Other useful measures include rights for local authorities to restrict free leaflets/flyers being distributed which can end up as litter so if your business uses that means of marketing then you should take legal advice. There are many other provisions too such as Part 5 waste. Illegal disposal of waste can lead to a fine of up to £50,000 or 5 years in jail for persistent fly tippers. You can be stopped en route to your illegal tipping and questioned. A whole part of the Act relates to dogs. By-laws are replaced by new dog control orders. It is an offence not to notify a key holder where you have a burglar alarm.
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