Dog Control Order 2015

The Anti-social Behaviour, Crime and Policing Act 2014

The Bassetlaw District Council- Public Spaces Protection (Dog Control) Order 2015

Bassetlaw District Council (in this order called “the Authority”) hereby makes the following Order:

This Order came into force on 1st September 2015 for a period of 3 years. Offences

1. Fouling

If within the administrative area of the Authority a dog defecates at any time on land to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission and a person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless

a) he has reasonable excuse for failing 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.

 2. Leads

A person in charge of a dog shall be guilty of an offence if, at any time, on land detailed in Schedule 1 below he does not keep the dog on a lead unless

a) he has reasonable excuse for failing 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.

 3. Exclusion

A person in charge of a dog shall be guilty of an offence if, at any time, he takes the dog onto, or permits the dog to enter or to remain on, any land detailed in Schedule 2 below unless

a) he has reasonable excuse for failing 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.

 4. Exemptions

Nothing in this order shall apply 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 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.

For the purpose of this order –

  • 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;
  • Placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be 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
  • “an authorised officer of the Authority” means an employee, partnership agency or contractor of Bassetlaw District Council who is authorised in writing by Bassetlaw District Council for the purposes of giving directions under the Order.
  • Each of the following is a "prescribed charity" –
    • Dogs for the Disabled (registered charily number 700454)
    • Support Dogs Limited (registered charity number 1088281)
    • Canine Partners for Independence (registered charity number 803680)

5.  Penalty

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.

Schedules

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