We believe that all dogs should have fair access to public spaces and have plenty of opportunity to exercise on and off lead. We also believe that the vast majority of dog owners are responsible, and that most dogs are well behaved. Introduced in 2020, the order aims to address issues related to anti-social behaviour associated with dog waste and uncontrolled dogs while ensuring that open spaces remain accessible for responsible dog owners.
We are inviting you to share your valuable insights in our public consultation as the Dogs Public Space Protection Order (PSPO) comes up for renewal. To further enhance the current controls and ensure the well-being of the community, we are considering additional measures and would like to hear your thoughts. All opinions and feedback is welcome.
The six-week consultation period officially opens Monday, 18 September, 2023 and closes on 30 October.
What is a PSPO?
The Anti-Social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations came into force on 20 October 2014 and are a tool to assist with the management of anti-social behaviour.
PSPOs allow us as a local authority to introduce measures which are intended to benefit the community and target those exhibiting irresponsible dog ownership in public, such as dog fouling or out of control and nuisance dogs.
When and why did we introduce a Dog Public Space Protection Order (PSPO)?
The vast majority of the dog owners are responsible and caring; however a small minority do not always behave responsibly. Feedback from local residents consistently raised the issue of dog fouling and nuisance behaviour from dogs that are not under proper control. The adoption of this proposed order in 2020 has made it easier for us to deal quickly and efficiently with the small minority of dog owners who behave irresponsibly, while at the same time encouraging a culture of responsible dog ownership. This order, along with our ongoing Clear Messages campaign, brought a number of benefits, including the creation of a cleaner environment, reduction of health problems associated with dog faeces and the promotion of responsible dog ownership. It represents a modern and effective way of enforcement when required and provides a common sense method of dealing with an issue of constant concern for our residents.
Do PSPO’s punish everyone for the actions of a few?
Arguably, it is quite the opposite. The controls are implemented to help resolve real problems that can be evidenced and are experienced by the many, and they must be proportionate. It is only the few who will not comply that may face punishment.
It is intended we adopt the least restrictive approach when it comes to conditions, impositions and requirements, and will take account of the need for adequate local provision before imposing constraints.
Where practicable PSPO’s are sharpened to create the maximum benefit without necessarily being widespread or general applications.
They can be zoned – specific and defined areas rather than whole parks or beaches for example
They can be seasonal – e.g. restrictions for summer months only
They can be timed – may only apply for certain hours in the day
What do the current PSPO measures include?
These measures include:
- Requiring dog owners to remove dog faeces from all public land.
- Requiring dogs to be placed on a lead by instruction in public areas.
- Ensuring owners have on their person a means to collect dog waste from the ground
Excluding dogs from:
- The playing areas of Public Marked sports pitches.
- The playing areas of formal recreation areas, including but not exclusively Bowling greens, tennis courts & Multi Use Gaming Areas.
- Equipped children’s play areas
- School Grounds
As well as requiring dogs to be kept on a lead in Cemeteries.
How often are PSPOs reviewed?
The legal framework created scope for PSPO’s to be made and remain in place for three years. They are then reviewed, amended, replaced or withdrawn in a cyclical manner.
What new controls are being proposed?
We are currently consulting and would love to hear what you think on what we are proposing. Please take part in our survey.
Our consultation is open for 6 weeks until 30 October.
To further ensure the well-being of the community, we are considering additional measures:
- Extending the requirement for dogs to be on a lead in all NDC car parks, as well as cemeteries.
- Expanding the number of authorised NDC officers who can direct individuals to leash their dogs.
- Implementing a maximum limit of six dogs that a single person can walk at any one time.
- Evaluating the number of dogs that people can have off the lead or on an extendable lead at any given time.
We welcome all opinions and encourage active engagement from the community about these proposed changes to the PSPO.
What happens if I fail to comply with the order?
If the person in charge of a dog fails to comply with the requirements of the order, they will be committing a criminal offence and will be issued with £100 fixed penalty unless:-
a) they have the consent from the owner, occupier or person in charge of the land, not to comply with the order;
b) they have a reasonable excuse for failing to comply; or
c) they fall within one of the other exemptions within the order, such as the exemptions in the order for disabled people, assistance dogs and working dogs.
Who is considered to be in charge of the dog?
The person who normally has a dog in their possession is deemed to be in charge of the dog at any time, unless at that time of the offence, some other person is in charge of the dog.
This means that if your dog defecates in a public place or enter in to a children’s play area you will be responsible for it, unless you can show that somebody else was in charge of the dog at that time. If you have allowed someone else take your dog out for a walk, they will be in charge of it for the duration of the walk.
What is a fixed penalty notice and can anyone receive it?
A fixed penalty notice may be issued to a person who breaches this order, offering them an opportunity of avoid prosecution by paying a Fixed Penalty of up to £100. In most cases, we will issue a fixed penalty notice to someone who breaches the order. However, we may decide to prosecute them instead, if we consider it more appropriate to do so. For example, we may consider prosecuting someone rather than issuing a fixed penalty notice if they behave inappropriately towards our enforcement officers, or if they have previously been issued with a fixed penalty notice for similar behaviour.
What happens if I don’t pay my fixed penalty?
If you fail to pay the fixed penalty, it is likely that you will be prosecuted in the magistrates’ court.
What is the maximum penalty for breaching the order?
A person who is found guilty of an offence in the Magistrates’ Court is liable on summary conviction to a fine not exceeding level 3 on the Court’s standard scale of fines (currently £1,000).
What will the order require?
The order will require the person in charge of a dog to clean up after it immediately, if their dog defecates on any public land where the order applies. The person in charge of a dog must also have means to collect any faeces its dog may deposit if asked to produce it by an enforcement officer.
Dog Fouling
What is dog fouling and why is it a problem?
Dog fouling is when a dog defecates at any time on land to which this order applies, a person who is in charge of the dog at the time must remove the faeces from the land forthwith. Failing to do so is ‘fouling’.
Dog faeces a problem for the following reasons:
- It’s a risk to public health and whilst rare, contact with dog excrement can cause toxocariasis an infection that can lead to dizziness, nausea asthma and even blindness or seizures.
- In the wider countryside, especially where farm animals graze, there is a risk of passing Neospora and Sarcosystosis to cattle and sheep respectively
- It is also a significant concern in communities and neighbourhoods, which can be blighted by the level of dog fouling, having a detrimental impact on the quality of life in a variety of ways.
We accept that most dog walkers are acutely aware and take their responsibilities seriously. They not only monitor their own dogs but help each other to ensure faeces is picked up and disposed of properly.
Situations can quickly deteriorate if one or two regular users of an area don’t clear up after their dog routinely. The problem is exacerbated by those that pick up the faeces in bags, and then scar the locality by discarding them.
What land will this apply to?
The requirement to clean up after your dog will apply to all public places in North Devon. A public place means any place open to the air 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.
Does this apply to land that is not owned by North Devon Council?
North Devon Council has with all community councils and schools within the county for permission to be granted for enforcement of the final PSPO to take place on land that they control.
Enforcement will not take place on private land but may in the future if there are sufficient complaints and following consultation with the relevant land owner.
Are rights of way covered?
Yes, Public Rights of Way qualify as land which is open to the air and to which the public are entitled or permitted to have access.
What steps can I take to make sure that I comply with the order?
When you are out walking your dog it will be your responsibility to watch your dog at all times and to ensure you clean up after it. Being unaware of the defecation, or not having a suitable means of removing the faeces, is not a reasonable excuse for failing to comply with the order.
We would advise you to take a sufficient supply of the means to clear any mess made by your dog.
Where should I dispose of dog waste?
If your dog defecates on public land, the bagged dog waste can be placed in any North Devon Council litter bin or dog waste only bin.
Will there be any exemptions for persons with protected characteristics?
North Devon County Council will ensure the Public Space Protection Order is compliant with the Equalities Act, and will complete an Equalities Impact Assessment before any order is enforced. Any exemptions for persons with protected characteristics would be included within the final order.
Dog Exclusion
Equipped Children’s Play Areas
The order excludes dogs from all outdoor, enclosed children’s play areas within North Devon to prevent dog mess and dogs from being out of control or frightening children. Such areas would have signage erected to inform that dogs are prohibited.
Where does the order apply?
The order would only apply to children’s play areas that are enclosed on all sides by fences, gates, walls or other structures that mark the boundary of the play area. This will make it easy for people to identify the extent of the area where dogs are not allowed.
If there is a children’s play area within your local park that is fenced off from the rest of the park, dogs would not be allowed into the fenced off play area, but would not prevent you from taking your dog into the rest of the park.
Why does the council exclude dogs from enclosed children’s play areas?
We believe that children should be free to play on the equipment provided in these areas without the fear of treading in or coming in contact with dog faeces or dog urine. Dogs taken in to children’s play areas may also become aggressive if startled. Some children may be frightened of dogs.
School grounds
Why should dogs be excluded from all school grounds?
School grounds are required to be safe areas for children and students to frequent. The locations always provide grassed areas for the children to play on and participate in sports activities. On occasions inconsiderate owners do allow their dogs to foul on school grounds that may expose humans to disease.
Locations where the PSPO would be in force would be appropriately signed.
What happens if there is a public footpath running through the school ground?
It would be permissible to walk your dog under control on a public footpath that runs through educational property. The dog must remain under control on the footpath at all times.
Must the path be a public footpath or can it be any path?
The path must be a public footpath with a public right of way.
Can dogs be taken onto school grounds when children are not in school?
No, the prohibition applies at all times.
Marked sports pitches
The order proposes to exclude dogs from the playing areas of Marked Sports Pitches. The areas are used by sports teams who frequently have to check the pitches for dog faeces before playing a match due to inconsiderate dog owners.
Am I allowed to take my dog to the playing field which contains a marked sports pitch?
Yes, in the areas surrounding the boundary of the marked sports pitch dogs would be permitted and encouraged to be exercised, dogs will solely be excluded from entering the playing area.
What land does this apply to?
This part of the order will apply to all public sports pitches in North Devon. Following Consultation with the relevant land owner this may also include those sites controlled by Community Council’s and within School Grounds too. Signs would be present on all sites where exclusions apply.
Formal recreation areas
The same issues for prohibiting dogs must apply. The prohibition of dogs from playing surfaces of bowling greens and tennis courts speaks for itself. Dogs would be permitted in the surrounding areas
Multi use gaming areas (MUGA’s)
Why are dogs prohibited from these areas?
The areas are solely for individuals to participate in sporting activities where dogs would be without purpose.
Dogs on a Lead by Direction
What Does This Mean?
This part of the order allows authorised enforcement officers of NDC or contracted enforcement officers to issue a direction requiring a person in charge of a dog to place it on a lead.
When can I be asked to put my dog on a lead?
A request to put a dog on a lead would only be made where an authorised officer believes that such restraint is reasonably necessary to prevent a nuisance, or the behaviour by a dog that is likely to cause annoyance or disturbance to any other person, or likely to endanger the safety of any person or road user.
You will not be required to place your dog on a lead if it is not causing or likely to cause a nuisance or annoyance to others.
What land will this apply to?
This part of the order will apply to all public places in North Devon. For these purposes a ‘public place’ means any place in the open air 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.
Dogs on a lead
What is immediate control?
This is the ability of a person to be able to direct or control a dog with verbal commands, sounds, signals or other means.
This interaction between a person and the dog can be conducted over considerable distance and usually is a result of significant training.
It is a challenge, in a world of distractions and rapidly changing environments and the person in charge of the dog must remain vigilant.
Alert to the possible dangers, they should also be aware and respectful of the sensitivities of others who are sharing the space.
Where doubt or uncertainty exists, and in particular when presented with notice that another person or dog is anxious, immediate control and adequate distancing would be an expectation.
What is immediate and close control?
This phrase is used to summarise the outcome required and demonstrated by the placement of a dog on a lead to meet the legal requirement.
The length of the lead is usually stipulated and although it can vary across local authority boundaries, the purpose is to minimise a potential risk or harm
Why are dogs required to be on leads in cemeteries?
The expectation shall be that dogs will be required to be kept on leads in a cemetery. The consequences of dogs being allowed to roam free could lead to dogs urinating or defecating on graves causing an unpleasant environment in a very sensitive area. Responsible dog ownership is encouraged in cemeteries as many people wish to take their dog when visiting the graves of loved ones.
Why are dogs required to be on leads in some areas?
It is important to try to get a balance where there is shared use of public spaces, and sometimes dogs being able to run freely can interfere with the experience and comfort of others. Where this has become problematic one of the measures that can be taken is to introduce this restriction.
For example, our current PSPO states that dogs are required to be kept on leads in a cemetery. The consequences of dogs being allowed to roam free could lead to dogs urinating or defecating on graves causing an unpleasant environment in a very sensitive area. Responsible dog ownership is encouraged in cemeteries as many people wish to take their dog when visiting the graves of loved ones.
Where practicable PSPO’s are sharpened to create the maximum benefit without necessarily being widespread or general applications.
They can be zoned – specific and defined areas rather than whole parks or beaches for example
They can be seasonal – e.g. restrictions for summer months only
They can be timed – may only apply for certain hours in the day
In other areas it maybe that safety is the primary factor, such as car parks or it could be introduced to protect our natural environment and wildlife.
We are consulting the public to determine if those existing restrictions should be retained and if there are other locations we should be including.
Why is the length of lead important?
The ability to contain and control a dog on a lead is a safeguard and security for most dog walkers in many circumstances. The length of the lead can vary greatly, often with different functions in mind.
Some people use extendable leads to allow the dog a degree of freedom whilst retaining a measure of control.
All of this is a matter of choice and in certain situations some may choose not to have the dog on a lead at all. It is a matter of judgement and ultimately comes down to the capability for control.
It is important to be aware that the length of lead can be determined within legislation in areas that are covered by a PSPO.
Where a specified length is imposed it will be to ensure there is immediate and close control to prevent or minimise a potential risk or harm.
In North Devon we advocate a lead no longer than 1.5m is used when dogs are directed to be on a lead. This used to be 2m (6’6”) but our experience suggests this does not engender the degree of control required.
How many dogs is it safe to walk at a time?
The number of dogs that can be walked in a controlled manner is not a definitive; the variability of the dogs, the walker, the location and the form of control used, makes it very relative.
The notion of an arbitrary number as a maximum is considered by some to be inappropriate but our experience suggests many incidents occur or become protracted because of the complications of multiple dogs managed by an individual.
In an attempt to put a reasonable and not too intrusive ceiling in place, we are consulting the public for their opinion.
Our considerations extend to the number of dogs that might be off lead as part of a larger group. Again we are consulting the public on how many dogs a single person can monitor and control whilst off lead in public open space.
These prescriptive elements are aimed at preventing or at least reducing careless incidents that can have significant impact on the safety and wellbeing of others who share public space and frequently result in injury and harm to persons and animals.
Are the rules for professional dog walkers different to the general public?
Within North Devon the limit on numbers able to be walked at any time by a single person, relates to both domestic and commercial dog walking
There will be additional guidance and information provided to support a voluntary scheme of accreditation for Professional Dog Walkers. This can then inform customer choice.
Enforcement
What happens if I fail to comply with any part of the order?
If the person in charge of a dog fails to comply with the requirements of the order, they would be committing a criminal offence unless they have the consent from the owner, or occupier or person in charge of the land not to comply with the order, or they have a reasonable excuse for failing to comply or they fall within any exemptions within the order, such as any exemptions under the Equalities Act.
There must be sufficient evidence submitted to show that an offence occurred beyond a reasonable doubt before action can be taken.
Can I be issued with a fixed penalty notice?
Yes, a fixed penalty notice may be issued to a person who breaches this order, offering them an opportunity to discharge their liability to prosecution by making a one off payment of £75.
When does the fixed penalty have to be paid?
It must be paid within 14 days from the date of the issuing of the ticket.
What happens if I don’t pay my fixed penalty?
If you fail to pay the fixed penalty notice within the permitted period, it is likely that you will be prosecuted in the magistrate’s court.
What is the maximum penalty for breaching the order?
A person who is found guilty of an offence in the magistrate’s court is liable on summary conviction to a fine not exceeding level 3 on the Court’s standard scale of fines (currently £1000).
The circumstances must pass the full evidential code and be in the public interest before a Fixed Penalty Notice (FPN) is issued or a prosecution follows.
Who will enforce the PSPO?
The enforcement of the orders will be carried out by any person authorised by North Devon Council, including contracted enforcement companies.
How will the public know that an order is in place in a specific location?
There will be sufficient, clearly marked signs positioned in locations where the order is in force.
Why is the order in force?
It is believed that the Public Protection Order is a fair response to deal in a measured way with the current problems that are experienced within the district. Such an order is necessary and proportionate in terms of the controls that it imposes and is not designed to be discriminatory against dogs or dog owners.