Public Spaces Protection Order
Public Spaces Protection Order for Dog Control
Under the Anti-social Behaviour, Crime and Policing Act 2014 a Public Spaces Protection Order can be made in respect to any land, which is open to the air (on at least one side and that remains open to the air at all times) that the public are entitled to have access to. This legislation replaced the Dog Control Orders made under the Clean Neighbourhoods and Environment Act 2005.
Why is Kettering using PSPO for Dog Control?
The council believes these proposed changes will benefit local communities, neighbourhoods, and the local economy, as they will help in the creation and maintenance of clean, safe and healthy neighbourhoods, town centres and visitor destinations.
How can a PSPO in relation to Dog Control benefit me?
Kettering Borough Council aims to promote responsible dog ownership and reduce complaints for dog issues such as dog fouling. This allows the public and especially children access to dog-free or dog-controlled areas intended for recreational purposes to improve health and well-being, making Kettering a safe and enjoyable place to live. The Council intends to reduce and tackle issues relating to dogs running loose and causing a nuisance to others, and also to reduce the potential health implications associated with dog faeces
Kettering Borough Council has implemented a Public Spaces Protection Order in respect of four offences, these are:
- The Dogs Exclusion Order: The effect of the Order is to make it an offence for a person in charge of a dog to permit the dog to enter or remain on any land to which this Order applies.
- The Dogs On Leads Order: The effect of the Order is to make it an offence for a person in charge of a dog to fail to ensure that a dog is kept on a lead on any land to which the Order applies.
- The Dogs On Leads by Direction Order: The effect of the Order is to make it an offence for a person in charge of a dog to fail to put that dog on a lead under the direction of an authorised officer on any land to which the Order applies.
- The Fouling of Land by Dogs Order: The effect of this Order is to make it an offence for a person in charge of a dog to fail to remove faeces forthwith from any land to which the Order applies.
What types of land are covered by Public Spaces Protection Order?
- Land such as playgrounds/play areas, which are used by children;
- Where dogs could affect the enjoyment of others using an area of land, such as a park that is used by people to enjoy a picnic; Where there is a history of dogs spoiling the enjoyment of other users of a particular area of land;
- Sports fields where organised sporting events take place on a regular basis.
- Any land, which is open to the air (on at least one side and that remains open to the air at all times) that the public are entitled to have access to within the Borough is automatically subjected to the removal of dog faeces and the putting and keeping a dog on a lead Dog Control Orders when directed to do so by an authorised officer Control Orders.
Penalties and enforcement of the Order
The Anti-social Behaviour, Crime and Policing Act 2014 gives authorised officers of the council the power to issue fixed penalty notices for offences against the Public Spaces Protection Order. In a Magistrates Court, the penalty for committing an offence under a Dog Control Order is a maximum fine of £1,000. Alternatively, the alleged offender may be offered the opportunity to pay a fixed penalty as an alternative to prosecution. In the Borough of Kettering the Fixed Penalty Notice amount is £100.