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Public Space Protection Orders (PSPO's) – dogs

Dog on Nicky Nook

Dog control powers

The Public Spaces Protection Order (PSPO) which contains restrictions in relation to dog control has been formally approved by Wyre Council and came into force on 23 October 2014. The powers under the Anti-social Behaviour Crime and Policing Act 2017 replace and add to the powers previously provided under dog control orders and contains the following offences:

  • failing to put a dog on a lead when directed to do so by an authorised officer - this allows council officers to direct that a dog is put on a lead when it is causing nuisance and/or danger to other persons and their dogs
  • failing to pick up after your dog 
  • failing to exclude dogs from designated areas
  • failing to keep dogs on leads in the designated dogs on leads areas 
  • failing to provide at the request of an authorised officer the means to pick up after a dog
  • exercising more than four dogs under the control of one person in a designated area

Public Spaces Protection Order (PSPO)

Off the lead areas

The council actively welcomes well behaved dogs and recognise that many visitors come to the area especially to walk their beloved family member and enjoy the beautiful scenery Wyre has to offer. There are still plenty of public and private places dogs are welcome, but there will always be a no tolerance approach to fouling. Help keep Wyre 'Clean and Green'.

Look out for signage to show where dogs are welcome!

If you are aware of any other areas or know of private areas offering the opportunity, please let us know and we will check this out and share on here. We would like to start to build an inventory of ‘dog friendly places/establishments’.

Summary of the restrictions

Failing to pick up after your dog 

It will be an offence under this part of the order if any person in control of a dog fails to remove its faeces from land forthwith

This order applies to any land within the borough of Wyre, which is:

  • open to the air (which includes land that is covered but open to the air on at least one side) and
  • to which the public are entitled or permitted to have access (with or without payment)

Please refer to schedule 1 of the order

Failing to provide at the request of an authorised officer the means to pick up after a dog

This is a control measure to further assist with tackling dog fouling concerns. Authorised officers may approach dog owners and request them to produce a device for or other suitable means of removing dog poo and transporting it to a bin (whether or not the dog has defecated). If the owner fails to produce this on request then provided it is on designated land and the offender is not exempted it would be considered an offence.

This order applies to any land within the borough of Wyre, which is:

  • open to the air (which includes land that is covered but open to the air on at least one side) and
  • to which the public are entitled or permitted to have access (with or without payment)

    Please refer to schedule 2 of the order

Failing to put a dog on a lead when directed to do so by an authorised officer

Most dogs love being off the lead and in many circumstances, so long as your dog is safe and under control that is absolutely fine. However if an authorised officer has formed the opinion that a dog is causing danger or serious nuisance to other people or their dogs the owner will be ordered to bring it under control on a lead.
It is recognised that at some sites there is a potential for conflict with dog walkers and other users and whilst most owners will be responsible this measure enables authorised officers to request a dog be put on a lead if causing a nuisance, safety concerns or an organised event is in operation.

This order applies to designated land, please refer to the documents below:

Failing to exclude dogs from designated areas

This part of the order excludes dogs at all times from various designated areas within the borough, for example children’s play areas, marked sports pitches, sections of the beach. An offence is committed if an individual in charge of a dog, at any time takes a dog onto, or permits the dog to enter or remain on any land to which an order applies.

This order applies to designated land, please refer to the documents below:

Failing to keep dogs on leads in the designated dogs on leads areas

This part of the order requires a person in charge of a dog to keep that dog on a lead on all public roads, pavements and grass verges, which are within four metres of the carriageway and are maintainable at public expense. This also includes all council owned car parks, leisure centers and cemeteries.

This order applies to designated land, please refer to the documents below:

Exercising more than four dogs under the control of one person in a designated area

This part of the order limits the number of dogs any person can be in control of in a public place to four unless he/she has reasonable excuse to do so or he/she has permission from the owner of the land to do so.

This order applies to designated land within the administrative boundary of Wyre Council, please refer to the documents below:

Restrictions by geographical area

Beaches

The majority of the coastline with public access is accessible to dogs. There is a localised ban in part of Fleetwood and Cleveleys that links to the bathing beach area.

The area of the seasonal ban from 1 May until 30 September is just 1.43 km of beach, with a further 11.07km open access/no restrictions all year round.

Remember, it is not acceptable to not pick up after your dog on the beach. The sea washing it away is not an excuse – what happens until the tide comes in and it affects the water quality. Please always pick up and remember any bin will do.

The areas restricted between these dates only are:

  • Fleetwood beach - from the east side, of the slipway opposite to the end of Promenade Road eastwards to the west side of the site of the former Fleetwood pier.
  • Cleveleys beach - from Cafe Cove to Wyre borough boundary.

Enforcement

As the offences would be breaches of a public space protection order, the council may issue a fixed penalty notice in order to provide an alternative to receiving a conviction for the offence. The council has set the fine at £100, in order to maximise the deterrent risk for offenders.

In all cases, the council will seek to identify dogs/owners reportedly behaving irresponsibly and if deemed necessary will seek (and have) to put in place acceptable behaviour contracts and community protection notices on a one-to-one basis.

Exemptions

It is envisaged that dog related anti-social behaviour negatively impacts on the disabled 'protected characteristics' group, specifically those with a visual impairment or need for an assistance dog. As such any person who is disabled and in charge of an assistance dog will be exempt from the PSPO provision for requiring them to pick up after their dog. It is also reasonable to appreciate that some people may have an impairment deeming them unable to pick up dog waste or will require access to areas with their dogs and there will continue to be a reasonable approach taken towards assistance guide dogs and assistance dogs in training.

Please see full details in section 8 of the order

Please refer to our question and answer sheet for further information

Dog fouling

The PSPO makes it an offence for any person to allow a dog in their charge to foul any area to which the public has access. The local authority provide bins in parks and many other public areas which may be used by dog owners. If there is not a bin around, take it home. Please note any bin will do. 

We encourage all dog owners or whoever is in charge of the dog to clean up after their dog has fouled in a public place, as dog fouling is unpleasant and poses a public health risk. If your dog fouls in a public place and you do not clean it up, you will be committing an offence. If an authorised officer witnesses you not cleaning up after your dog, you may be given a fixed penalty of £100. If you refuse to pay the fixed penalty you may be taken to court and fined up to £1000 plus court costs. The fixed penalty is not payable on the spot. You should contact the council and arrange to pay the fine within 14 days. Payments can be made via the telephone using a credit or debit card or online.

Report dog fouling

According to recent surveys the waste left behind by dogs is the single biggest environmental concern that people have about their local area. The overwhelming majority of people find dog waste unacceptable. If you witness someone letting their dog foul without cleaning it up afterwards in a public place, you should report this to with as much information as possible, such as:

  • Time/date/location of incident
  • Frequency of offence if it happens regularly
  • Description/breed of dog
  • Any other descriptions to help identify the offender
  • A photo of the dog/incident is useful to identify the dog (but can not be used as evidence)
  • Your name/address/phone number
  • Name/address of offender if known

This will be reviewed and you may be asked to provide a supporting witness statement if evaluated action can be taken.

It is notoriously difficult to catch offenders without the above information. A strong witness statement is necessary, with the understanding you may be required to attend court or ideally the offence witnessed by an authorised officer based on reported intelligence.

If you cannot provide the above information, we can still carry out patrols in your area and provide signage, but the chance of catching the offender is much smaller.

The best way to dispose of dog waste

Dog faeces should be picked up using a poop scoop bag and disposed of in a litter bin. If there is no dog bin available it can be taken home and put into a dustbin. Dog faeces bagged and then subsequently dumped or hung in a tree is still an offence.

Contact us

For further information or if you have have any questions please contact us.

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