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Report dog fouling

Dog Fouling and the Public Space Protection Order

The Public Space Protection Order has replaced all previous orders, namely, The Dog Control Orders (prescribed Offences and Penalties, etc.) Regulations 2006 (S.I.2006/No.1059) and The Fouling of Land by Dogs (Land within the Borough of Melton) Order 2007

 

The Public Space Protection Order came into effect on 14th October 2017 and is in place for the next 3 years; it will expire on 14th October 2020.

 

The requirements of the Order are unchanged and relates to the land specified in the previous Order. That is;

 

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 The Public Space Protection 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)