PSPO for Dog Controls 2023

Dog Fouling - Dog Control Orders: - Anti Social Behaviour, Crime and Policing Act 2014

Public Spaces Protection Order

The Antisocial Behaviour, Crime and Policing Act 2014 provides local authorities with powers to create a Public Spaces Protection Order (PSPO) where they are satisfied that activities carried out in a public place:-

• have had, or are likely to have, a detrimental effect on the quality of life of those in the locality
• is, or is likely to be, persistent or continuing in nature
• is, or is likely to be unreasonable
• justifies the restrictions imposed

In summary:

The PSPO introduced controls to deal effectively with:

• Dog Fouling
• The exclusion of dogs from fenced off children's play areas
• Comply with a direction to put nuisance or dangerous dogs on a lead
• Provide evidence of the means of a suitable receptacle to pick up dog faeces

PUBLIC NOTICE

The Public Spaces Protection Order - (Boston Borough Council)

NOTICE IS HEREBY GIVEN THAT :-

Boston Borough Council ('the Council') in exercise of its powers under the Anti-Social Behaviour Crime Policing Act 2014 implements a Public Spaces Protection Order (PSPO, Dog Controls) on 01 October 2023.

The PSPO will cover any place within the administrative area of the Borough of Boston 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 (s67(1) of the act).  This means that the controls will apply to all land open to the air including agricultural land. The PSPO shall have effect for a period of 3 years.

Dog Fouling

1. It will be an offence for any person in charge of a dog, which defecates on land specified within the Order, to fail to remove the faeces forthwith, unless he can show a reasonable excuse for failing to do so or the owner/occupier of the land has consented to his failing to do so.
2. It will be an offence for any person in charge of a dog to fail to provide evidence of the means of a suitable receptacle to pick up dog faeces when requested to do so by an authorised officer. This control will apply to all land within the administrative area of the Borough of Boston to which the public have access.

Dog Exclusion

1. It will be an offence for any person in charge of a dog to take the dog onto or permit the dog to enter or remain on land within a dog exclusion zone unless he can show a reasonable excuse for doing so or the owner/occupier of the land has consented to his doing so.
2. This control will apply to enclosed children's play areas within the administrative area of the Borough of Boston to which the public have access.

Dogs on Lead by Direction

1. It will be an offence for any person in charge of a dog to fail to put and keep the dog on a lead when directed to do so by an authorised officer unless he can show a reasonable excuse for failing to do so or the owner/occupier of the land has consented to his failing to do so. 
2. This control will apply to all land within the administrative area of the Borough of Boston to which the public have access.

Exemptions

Nothing in this Order shall apply to a person who is registered as a blind person on a register compiled under section 29 or the National Assistance Act 1948; or has a disability that requires assistance from a dog trained by any member organisation of Assistance Dogs UK.

Fixed Penalty Notices

Boston Borough Council intends to issue fixed penalty notices to enforce the controls, the fine will be £100 and failure to pay may lead to summary conviction and a fine not exceeding level 3 (£1,000) on the Standard Scale.

For any queries please contact the waste team.