Theresa May, the Home Secretary, will announce the new powers today as part of an overhaul of anti-yob legislation. Householders who regularly dump rubbish in their own garden will be guilty of a criminal offence and hit with a hefty fine.
The penalty will also apply to anyone who leaves an old sofa or fridge in their garden, or has mountains of pizza boxes or takeaway cartons lying around.They will receive an on-the-spot fine of up to £100 or be taken to court – where the maximum fine would be £2,500.
The new Community Protection Notice is a key part of new anti-yob laws unveiled by Theresa May today.
Ministers want to stop irresponsible homeowners or tenants from blighting whole streets or neighbourhoods by turning their front garden into a ‘dumping ground’.
The powers will apply to privately owned homes as well as council houses. Officials will target only those guilty of ‘persistent, unreasonable behaviour’.
They will be given a warning and told to clear the rubbish away. If they ignore the notice, they will then be guilty of a crime.
Officials do not want to target law-abiding householders who are forced to have rubbish in their gardens at certain times of the week because of the complicated recycling policies introduced by many councils.
And the law will be worded to protect homeowners from over-zealous council officials patrolling the streets looking to make money by issuing on-the-spot fines.
Residents have been given penalty notices for putting their rubbish out on the wrong day or for not shutting their dustbin lid properly under existing ‘bin laws’.
But the new rules will apply only to repeat offenders. They will be given a fixed period of time to clean up their garden before any fine is issued.
Ministers want to stop irresponsible homeowners or tenants from blighting whole streets or neighbourhoods by turning their front garden into a 'dumping ground'
The Community Protection Notice could be issued to an individual or responsible person within a business, such as a takeaway shop.
It will also give police – and not just town halls – the power to deal with noisy neighbours in the middle of the night.
Officials say examples of where it could be used include:
Breach of any requirement in the notice, without reasonable excuse, would be a criminal offence, subject to a Fixed Penalty Notice or prosecution.
Ministers are determined to get a grip on low-level thuggish behaviour. The Asbos were routinely breached by thugs, who quickly considered having one of the orders to be a ‘badge of honour’.
They were also given out in some bizarre circumstances. A woman who tried to kill herself four times by jumping off bridges was banned from loitering on bridges, going on to railway lines or entering multi-storey car parks unaccompanied. And an 88-year-old man from Merseyside was banned from swearing or making sarcastic remarks.
Asbos will be replaced by Crime Prevention Injunctions, which officials say will be easier and faster to impose.
Unlike the Asbo, the injunction would not require a magistrate to be certain that the defendant had acted in an antisocial manner.
It would instead be secured against a lower burden of proof.
'Three strikes and you're out': New legislation will compel police to act on complaints against yobs, in an attempt to prevent a repeat of the tragic case of Fiona Pilkington who killed herself and her disabled daughter Francecca, right, after sustained harassment by youngsters, despite repeat appeals to the police.