Melton Borough Council

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Report dog fouling

Dog Fouling and the Public Space Protection Order

There is currently a Dog Control Oder (DCO) in place to control dog fouling.

The requirements of the Order cover: 

All land within the Borough of Melton which is open to the air, (including covered land which is open to the air on at least one side), and to which the public are entitled or permitted to have access with or without payment.

The following are exceptions to which Dog Control Order does not apply:-

  1. Carriageways with a speed limit of more than 40 m.p.h. and land running alongside them.
  2. Land used for agriculture and woodlands.
  3. Land which is predominantly marsh land, moor or heath.
  4. Rural common land.

Offence

  1. (1) If a dog defecates at any time on land to which this Order applies and a person who is in charge of the dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless-
  1. he or she has a reasonable excuse for failing to do so; or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his or her failing to do so.

(2) Nothing in this article applies to a person who-

  1. is a registered blind person in a register compiled under section 29 of the National Assistance Act 1948; or
  2. has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he relies for assistance.

(3) For the purpose of this article-

  1. 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;
  2. placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be a sufficient removal from the land;
  3. 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;
  4. each of the following is a “prescribed charity”-
  1. Dogs for the Disabled (registered charity number 700454);
  2. Support Dogs (registered charity number 1088281);
  3. Canine Partners for Independence (registered charity number 803680)

Penalty

(4) A person who is guilty of an offence under article 3 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (Currently, £1000)

The current DCO will expire in October 2020 and Melton Borough Council is in the process of replacing it with a Public Space Protection Order, which will be made under the Anti-social Behaviour, Crime & Policing Act 2014.

If approved by Cabinet in June 2019, public consultation will take place during the summer of 2019 and following consideration of the consultation results, Cabinet will be asked to approve a PSPO later in 2019 to control dog fouling going forward. Any PSPO has to be reviewed every 3 years.