Public Space Protection Orders - Dog Control Draft ProhibitionsThe group decided that it would be great to have a common approach/restriction across the whole of Yorkshire and Humberside. The group wished to adopt standard common prohibitions for dog fouling and dog control below.
Individual Councils would respond to consultation feedback in their local area authorities have different attitudes to discounts for early payment of fines, however in principle fine levels should be set at £100 to reflect the public feeling on this issue. |
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Yorkshire and Humber Environmental Enforcement Group – Dog Control Draft Prohibitions
General provisions:
1. This order applies to all land in the administrative area of the Authority to which the public or any section of the public has access, on payment or otherwise, as or right or by virtue of express or implied permission.
2. A person who fails to comply with any obligation imposed by this order is guilty of a criminal offence by virtue of section 67(1) of the Anti-social Behaviour Crime and policing Act 2014 and liable to a fine on summary conviction not exceeding level 3 on the standard scale. The level of the fixed penalty fine will be set at £100 with no discount for early payment.
Obligations on persons with dogs:
3. Fouling
If a dog defecates at any time on land to which this order applies a person who is in charge of the dog at the time must remove the faeces from the land forthwith unless:
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.
4. Leads by order
A person in charge of a dog on land to which this order applies must comply with a direction given to him by an authorised officer of the Authority to put and keep the dog on a lead unless:
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
An authorised officer may only give a direction under this order if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog that is likely to cause annoyance or disturbance to any other person, or to a bird or another animal.
5. Leads
A person in charge of a dog on land detailed in Schedule 1 below must keep the dog on a lead unless:
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
6. Means to pick up
A person in charge of a dog on land to which this order applies must have with him an appropriate means to pick up dog faeces deposited by that dog unless
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
The obligation is complied with if, after a request from an authorised officer, the person in charge of the dog produces an appropriate means to pick up dog faeces.
7. Exclusion
A person in charge of a dog must not take it into or keep it within a fenced/enclosed children’s play area and signed at its entrance(s) as a “dog exclusion area” (whether the sign uses those particular words or words and/or symbols having like effect) which is designated and marked for children’s play unless:
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
8. Exemptions
Nothing in this order shall apply to a person who:
(a) is registered as a blind person in a register compiled under section 29 of
the National Assistance Act 1948; or
(b) a person with a disability affecting their mobility, manual dexterity or ability to lift, carry or move everyday objects and who relies upon a dog trained by a prescribed charity for assistance.
For the purpose of this order:
• A person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;
• Placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the land;
• Being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces
• “an authorised officer of the Authority” means an employee, partnership agency or contractor of ………….. Council who is authorised in writing by ……….. Council for the purposes of giving directions under the Order.
Schedule 1
Dog on Leads
General
We would wish to place the following dogs on leads restriction in the following areas:
Schedule 2
Dog Exclusions
General
We would wish to place the following dogs exclusion restriction in the following areas:
General provisions:
1. This order applies to all land in the administrative area of the Authority to which the public or any section of the public has access, on payment or otherwise, as or right or by virtue of express or implied permission.
2. A person who fails to comply with any obligation imposed by this order is guilty of a criminal offence by virtue of section 67(1) of the Anti-social Behaviour Crime and policing Act 2014 and liable to a fine on summary conviction not exceeding level 3 on the standard scale. The level of the fixed penalty fine will be set at £100 with no discount for early payment.
Obligations on persons with dogs:
3. Fouling
If a dog defecates at any time on land to which this order applies a person who is in charge of the dog at the time must remove the faeces from the land forthwith unless:
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.
4. Leads by order
A person in charge of a dog on land to which this order applies must comply with a direction given to him by an authorised officer of the Authority to put and keep the dog on a lead unless:
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
An authorised officer may only give a direction under this order if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog that is likely to cause annoyance or disturbance to any other person, or to a bird or another animal.
5. Leads
A person in charge of a dog on land detailed in Schedule 1 below must keep the dog on a lead unless:
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
6. Means to pick up
A person in charge of a dog on land to which this order applies must have with him an appropriate means to pick up dog faeces deposited by that dog unless
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
The obligation is complied with if, after a request from an authorised officer, the person in charge of the dog produces an appropriate means to pick up dog faeces.
7. Exclusion
A person in charge of a dog must not take it into or keep it within a fenced/enclosed children’s play area and signed at its entrance(s) as a “dog exclusion area” (whether the sign uses those particular words or words and/or symbols having like effect) which is designated and marked for children’s play unless:
(a) he has reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
8. Exemptions
Nothing in this order shall apply to a person who:
(a) is registered as a blind person in a register compiled under section 29 of
the National Assistance Act 1948; or
(b) a person with a disability affecting their mobility, manual dexterity or ability to lift, carry or move everyday objects and who relies upon a dog trained by a prescribed charity for assistance.
For the purpose of this order:
• A person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;
• Placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the land;
• Being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces
• “an authorised officer of the Authority” means an employee, partnership agency or contractor of ………….. Council who is authorised in writing by ……….. Council for the purposes of giving directions under the Order.
Schedule 1
Dog on Leads
General
We would wish to place the following dogs on leads restriction in the following areas:
- All cemeteries and churchyards, including green burial areas;
- All footpaths around lakes and ponds;
- All sports grounds, fields, parks, and pitches, which are maintained by the local authority and are not subject to ‘Dog Exclusion’, but only when in use for officiated sporting matches.
Schedule 2
Dog Exclusions
General
We would wish to place the following dogs exclusion restriction in the following areas:
- Children’s play areas containing play equipment and/or sporting apparatus (which are enclosed)
- Sport and recreational facilities i.e. multi-use games areas, courts and pitches (which are enclosed)
- Sensitive nature areas, or specific horticultural areas within parks (which are enclosed and clearly signed).