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Dog Control Public Spaces Protection Order

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2. Offences

1. FOULING OF LAND BY DOGS

If within the restricted area a dog defecates at any time on the land to which this Order applies and a person who is in charge of the dog at the time fails to remove the faeces from the land forthwith and properly dispose of it, that person shall be guilty of an offence unless

(i)   He has reasonable excuse for failing to do so; or

(ii)  The owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so;

(iii)  Taking the faeces away from the land for proper disposal elsewhere or placing the faeces in a receptacle on the land, either a litter bin or dog waste bin, shall be sufficient removal from the land;

(iv)  Being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces.

2. DOG EXCLUSION AREAS (except Beaches)

A person in charge of a dog shall be guilty of an offence if at any time he takes the dog into or permits the dog to enter or remain 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:

(i)   he has reasonable excuse for failing to do so; or

(ii)  the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

3. SEASONAL DOG EXCLUSION AREAS (Beaches)

A person in charge of a dog shall be guilty of an offence if, between 1st April and 30th September in any year, he takes the dog onto, or permits the dog to enter or to remain on, any land designated as a Dog Exclusion Area detailed in Schedule unless

(i)   he has reasonable excuse for failing to do so; or

(ii)   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. DOGS ON LEAD AREAS

A person in charge of a dog shall be guilty of an offence if, at any time on land designated as a Dogs on Lead Area and signed as '"a Dogs on Lead Area" (whether the sign uses those particular words or words and/or symbols having like effect) as he does not keep the dog on a lead unless

(i)   he has reasonable excuse for failing to do so; or

(ii)   the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so;

(iii)   failing to have a lead in his/her possession shall not be a reasonable excuse for failing to do so

5. DOG(S) ON LEAD ON THE HIGHWAY

A person in charge of a dog shall be guilty of an offence if, at any time within the restricted area, he does not keep his dog on a fixed lead of I metre or less in length whilst on the public highway, a footway, footpath or cycle track unless he has reasonable excuse for failing to do so.

(i)   Failing to have a lead in his possession at the time shall not be a reasonable excuse for failing to do so.

6. DOG(S) ON LEAD BY DIRECTION

A person in charge of a dog shall be guilty of an offence if, at any time within the restricted area, he does not comply with a direction given to him by an authorised officer of the Council or a Police Officer to put and keep the dog on a lead unless

(i)   he has reasonable excuse for failing to do so; or

(ii)  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 or Police Officer may only give a direction under the order to put and keep a dog on a lead if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause annoyance or danger to any other person or to a bird or another animal.

Failing to have a lead in his possession at the time shall not be a reasonable excuse for failing to do so.

For the purposes of the 4,5 & 6 above a "lead" means any rope, cord, leash or similar item used to tether or control or restrain a dog, but does not include any such item which is not actively being used as a means of restraint so that the dog remains under the persons control.

7. NO MORE THAN SIX DOGS

A person in charge of a dog on land to which this Order applies must restrict the number of dogs that can be walked by a single individual to 6 dogs, unless

(i)   he has reasonable excuse for failing to do so; or

(ii)  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. 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

(i)   he has reasonable excuse for failing to do so; or

(ii)  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.

9. EXEMPTIONS

Nothing in this order shall apply to

(i)   a person who is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948 if they are alone with the dog; or

(ii)  a person with a disability affecting their mobility, manual dexterity, physical coordination or ability to lift, carry or move everyday objects or who relies upon a dog trained by a prescribed charity (and is clearly identified) for assistance if they are alone with the dog.

A "prescribed charity" is:

  • Dogs for the Disabled (Registered Charity no. 700454) 
  • Support Dogs (Registered Charity no. 1088281)
  • Canine Partners for Independence (Registered Charity no. 803680)

(iii)  any police dog or fire dog. The term "police dog" or "fire dog" is deemed to be any dog, which is trained, or is undergoing structured training on behalf of the Chief Police Officer or Chief Fire Officer for the relevant service's dog unit. All reference to the term 'dog' also includes bitches and puppies belonging to that service that are subject to any separate contractual conditions and arrangements.

(iv)  Working dogs: when actually working e.g. those working on a land under the control of a farm worker when moving livestock would not expected to be on a lead. Working dogs includes dogs that are being used in connection with emergency search & Rescue, law enforcement and the work of 1-1M Armed Forces.

10. EXPLANATIONS: FOR THE PURPOSE OF THIS ORDER

  1. A reference to one gender shall include a reference to the other genders.
  2. 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.
  3. An "authorised officer of the authority" means an employee, partnership agency or contractor of Teignbridge District Council who is authorised in writing by the Council for the purpose of giving direction under the Order.
  4. Under S.66 of the Act an interested person may within 6 weeks of the making of this Order apply to the High Court to question the validity of this order on the grounds that the Council had no power to make it or that any requirement of the Act has not been complied with in relation to this Order.
  5. Where a person in charge of a dog wishes to rely upon any of the exemptions set out in this order, the burden will be on that person to prove that he satisfies the requirements of the exemption being relied upon.

11. PENALTY

  1. A person who is guilty of an offence under this order shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
  2. A constable or authorised person may issue a Fixed Penalty Notice of £100 to a person who they have reasonable belief has committed an offence in relation to this Order. Payment of the Fixed Penalty Notice discharges any liability to conviction for the offence.