PSPO Somerset South Dog Exclusion Ninesprings Yeovil
Overview
What is a Public Spaces Protection Order (PSPO)?
A PSPO is an order that is enforceable under the Anti-social Behaviour, Crime and Policing Act 2014. They are used to protect the public from behaviour that is having, or is likely to have, a detrimental effect on the quality of life of those in the locality and is, or is likely to be, persistent and unreasonable.
What is the Purpose of this Consultation?
The purpose of the consultation is to seek any views regarding a proposal to extend and vary, for three years, the dog control provisions for the land at the fenced lower lake area at Ninesprings Country Park in Yeovil as seen in the map below.
What does the order cover?
We are proposing to extend restriction 1 for another 3 years:
Restriction 1. No Dogs in the restricted area
A person in charge of a dog shall not take it onto or permit it to enter or to remain on, any land to which this Order applies - unless
a) He has a reasonable excuse for doing so; or
b) The owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his doing so.
Nothing in this requirement applies to a person who -
a) Is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
b) Is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which he relies for assistance; or
c) 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. In this requirement 'Prescribed Charity' means a charity listed as a member to Assistance Dogs UK (registered charity no 1119538)
For the purposes of this requirement
a) 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.
Reasons for requirement 1
To protect the public, any other animal or the wildlife from any nuisance, disturbing or harassing behaviour from the dog
We are proposing to remove restriction 2 from the PSPO as it is not necessary as the area will be covered by the dog exclusion zone, this is a variation of the previous PSPO.
Restriction 2. Dogs on Leads by order
A person in charge of a dog shall at any time within the restricted area comply with a direction given to him by an authorised officer of the council, a police officer or police community support officer (PCSO) to put and keep the dog on a lead unless;
a) he has reasonable excuse to fail to do so; or
b) 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 (an employee of the authority who is authorised in writing by the Authority for the purposes of giving directions under this order), police officer or PCSO may only give a direction under this order if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog that is likely to cause annoyance or disturbance to any other person, or to a bird or any other animal.
Reason for requirement 2
To protect the public, any other animal or the wildlife from any nuisance, disturbing or harassing behaviour from the dog.
Your views are invited as to whether the provisions ought to be extended and/or restrictions lifted/amened for 3 years (the maximum permitted) timeframe.
A copy of the previous Dog Control Orders is available here.
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