Dog Fouling Public Space Protection Order

Download the Dog Fouling PSPO (PDF, 2.10MB)

The Colchester City Council ('the Council') makes this order under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, having consulted as required by section 72.

The Order takes effect on 09 January 2023 and has a duration of 3 years.

It applies to all land in the administrative area of the Council 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. A plan of the administrative area of the Council is attached to the Order.

The Council is satisfied that activities have been carried out in this Restricted Area which have had a detrimental effect on the quality of life of those in the locality.

Further, it is satisfied that the effect of these activities is or is likely to be of a persistent or continuing nature, is or is likely to be such as to make the activities unreasonable and the effect justifies the restrictions imposed.

The activities carried out are:

  1.  Some members of the public walk their dogs and allow them to defecate in public areas, without removing the waste. This causes nuisance and a risk to public health.

The Council therefore under section 59(4) requires:

  1. If 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.
Failure without reasonable excuse to comply with the requirement imposed by this Order is a summary offence under section 67 of the 2014 Act.

A person guilty of an offence under section 67 is liable on summary conviction to a fine not exceeding level 3 on the standard scale. A constable or an authorised person may under section 68 of the 2014 Act issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under section 67 in relation to this Order.

Exemptions:

Nothing in this order shall apply to a person who:
  1. is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
  2. a person with a disability affecting their mobility, manual dexterity, or ability to lift, carry or move everyday objects and who relies upon a dog trained by a prescribed charity for assistance.

Restricted Area

The activities described above are hereby prohibited across the entire Colchester District.

Signed: Lucie Breadman

Page last reviewed: 26 January 2023

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