PSPO Somerset South Dog Fouling and Dogs on Leads by order

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 for three years, the Dog Fouling and Dogs on Leads by order provisions in the Somerset South area. This can be seen in the map below. 

What does the order cover?

1. Dog Fouling

If a dog defecates at any time in the restricted area the person who is in charge of the dog at that time shall remove the faeces from the restricted area forthwith, unless he has reasonable excuse for failing to do so or the owner, occupier or other person or authority having control of the restricted area has consented (generally or specifically) to his failing to do 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) 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.

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 dogs;

b) Placing the faeces in a receptacle on the land which is provided for the purposes, 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) 'Prescribed Charity' means a charity listed as a member to Assistance Dogs UK (registered charity no 1119538)

Reasons for requirement 1

To protect the general public from the health risks dog fouling poses and the detrimental affect the proliferation of excessive dog fouling has on the restricted area.

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 or restrictions lifted for 3 years (the maximum permitted) timeframe.  

A copy of the previous Dog Control Orders is available here.