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 immediately, that person shall be guilty of an offence unless:
They have a reasonable excuse for failing to do so; or
The owner, occupier or other person or authority having control of the land has consented (generally or specifically) to them failing to do so
Nothing in the PSPO applies to a person who:
Is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
Has a disability which affects 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 they rely for assistance.
Each of the following is a "prescribed charity": Dogs for the Disabled (registered charity number 700454), Support Dogs (registered charity number 108828), Canine Partners for Independence (registered charity number 803680).
For the purposes of the PSPO
- A person who habitually has a dog in their 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 a 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.
A person who fails to clear up dog faeces may be offered an on the spot £80 fixed penalty notice or on summary conviction to a fine not exceeding £1,000.
Where does the PSPO apply?
Subject to the exception in paragraph 3 below, all land which is in the administrative area of the Council and which is:
- Open to the air (which includes land that is covered but open to the air on at least one side) and;
2. To which the public are entitled or permitted to have access (with or without payment).
3. Excepted from the description in paragraph 1 above is land that is placed at the disposal of the
Forestry Commissioners under section 39(1) of the Forestry Act 1967.