moorlands DISTRICT COUNCIL ACHIEVING • EXCELLENCE

PUBLIC SPACES PROTECTION ORDER (Dog Fouling and Nuisance) 2020

The District Council (the Council) in exercise of the power under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act), being satisfied that the conditions set out in section 59 of the Act have been met, makes the following order:

1. This Order comes into force on 19 October 2020 and will last for a period of three years.

Purpose

2. This order is intended to help stop or reduce the detrimental effect on the quality of life of those in the locality caused by (i) failure to remove dog faeces from land and (ii) nuisance behaviour caused by dogs in public areas.

Prohibitions

3. A person who is in charge of a dog at that time shall be in breach of this Order if:

3.1 A dog defecates at any time on land described in Schedule 1 and he/she fails to remove the faeces from the land forthwith.

3.2 He/she does not comply with a direction given him/her by an Authorised Officer of the Authority to put and keep the dog on a lead of not more than four feet in length when on land described in Schedule 1.

3.3 He/she enters any land described in Schedule 2 and does not keep the dog on a lead of not more than four feet in length.

3.4 He/she takes the dog onto or permits the dog to enter or remain on any land described in Schedule 3.

3.5 An Authorised Officer of the Authority has reason to believe that a person has committed an offence under this Order and the person: (a) fails to give his/her name and address when asked to do so, or

(b) gives a false or inaccurate name or address.

Offence of Failing to Comply with Order

1 4.1 Under section 67 of the Anti-social Behaviour, Crime and Policing Act 2014, it is an offence for a person without reasonable excuse to: (a) do anything that the person is prohibited from doing by this Order, or (b) fail to comply with a requirement to which the person is subject under this Order.

4.2 A person does not commit an offence under this Order by failing to comply with a prohibition or requirement if: (a) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his/her failing to do so; or (b) the local authority did not have power to include the prohibition or requirement in this Order.

4.3 A person does not commit an offence under paragraph 3.1 by failing to comply with the prohibition or requirement if: (a) he/she is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or (b) he/she has a disability which affects his/her mobility, manual dexterity, physical coordination 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.

4.4 A person guilty of an offence of failing to comply with this Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Challenging the Validity of the Order

5. An Interested Person may apply to the High Court to question the validity of the Order on the grounds that the Council has no power to make the Order, include the particular prohibitions or requirements imposed by the Order, or that has a requirement of the Ad has not been complied with within six weeks beginning with the date on which the order is made.

Interpretation

6. For the purpose of this Order: (a) a person who habitually has a dog in his/her possession shall be taken to be in charge of the dog at any time unless: (i) at that time some other person is in charge of the dog; or (ii) the person is under the age of 16, in which case the Parent of that person shall be treated as being in charge of the dog at the relevant time; (b) 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; (c) 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; (d) each of the following is a "prescribed charity":- (i) Dogs for the Disabled (registered charity number 700454);

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