Fouling of Land by Dogs (Preston City Council) Order 2012

The Fouling of Land by Dogs Order 2012 makes it an offence to not pick up your dogs waste on land where the orders apply.

For information on how to report a dog fouling issue please see our dog fouling.

The Preston City Council (in this Order called "the Council") hereby makes the following Order:

1. The Order comes into force on 1 March 2012.

2. This Order applies to the land specified in the Schedule below.

Offence

3. (1) If a dog defecates at any time on land to which this Order applies and a person who is in charge of a dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless:

(a) he has a reasonable excuse for failing to do; 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) Nothing in this article 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

(3) For the purpose of this article:

(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

(b) 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;

(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) each of the following is a "prescribed charity":

i) Dogs for the Disabled (registered charity number 700454)

ii) Support Dogs (registered charity number 1088281)

iii) Canine Partners for Independence (registered charity number 803680)

Penalty

4. a person who is guilty of an offence under article 3 shall be liable on summary conviction to a fine not  exceeding level 3 on the standard scale.

Schedule (description of land to which the order applies)

This Order applies to all land within the administrative area of the Council and which is:

(i) Open to the air (which includes land that is covered but open to the air on at least one side): and

(ii) to which the public are entitled or permitted to have access with or without payment.