PSPO’s
Tameside Metropolitan Borough Council
Review of PSPO’s
The Council introduced PSPO’s in 2010. It was always envisaged that the orders would be reviewed after a period of operation to ensure that individual designations were in practice appropriate and struck the right balance between dog owners and others.
The PSPO’s 2010 have now been reviewed, individuals have been given the opportunity to make site specific comments and these representations have been taken into account. Amendment Orders to change the PSPO’s 2010 have now been made by the Council and came into force on 11 March 2013. The 2010 Orders as amended by the 2013 Amendment Orders can be downloaded below.
Frequently Asked Questions
There has been interest generated in the local media about the Council’s decision to introduce PSPO’s at a limited number of sites in the borough with a number of dog owners have contacted the Council asking for more information.
We thought it would be helpful to clarify some of the issues which have been raised for the benefit of all.
Why did the Council introduce the PSPO’s?
Dog fouling is regularly identified as one of the top concerns of residents of Tameside as confirmed in the results of the independent Residents Opinion Survey carried out by MORI.
The Clean Neighbourhoods Act allows local Council’s to introduce PSPO’s which covered the following five offences:
- Failure to remove dog faeces
- Not keeping a dog on a lead
- Not putting a dog on a lead when directed to do so by an authorised officer
- Permitting a dog to enter land from which dogs are excluded
- Taking more than a specified number of dogs onto land
Which PSPO’s did the Council adopt?
After careful consideration the Council adopted the four PSPO’s across Tameside under section 55 of the Clean Neighbourhoods and Environment Act 2005, which came into force on 1 June 2010. Three Amendment Orders have been approved by the Council and came into force on 11 March 2013. The PSPO’s as amended can be downloaded below:
Anyone contravening the provisions of a dog control order will commit an offence and may be liable, on conviction in the Magistrates Court, to a fine of up to £1,000.
The order relating to the removal of dog foul will replace the current order made under the Dogs (Fouling of Land) Act 1996 and, like the current order, will apply to most open land in the Borough of Tameside to which the public have access, other than moorland and farm land. The other proposed orders will apply to various cemeteries, parks, play areas, playing fields, sports pitches, open spaces, and schools across the Borough of Tameside as set out in the schedule to each order.
A copy of the orders, specified sites and the plan attached to the proposed dog fouling order may be inspected, free of charge, at Customer Services, Council Offices, Wellington Road, Aston-under-Lyne during normal office hours. Copies of the proposed orders may be bought there for £1.00.
Summary of PSPO’s for each Town
A summary of the PSPO’s within Tameside has been produced.
Dog Fouling
Dog fouling is a major concern to many people. 95% of the British population are worried about the amount of dog fouling, not just because of the mess it causes but because it can also be linked to health risks
The “Poop Scoop” Order makes it an offence, and requires the person in control of a dog to clean up after it. Failure to comply can result in a prosecution and fine up to £1000.
The Council recognises that most dog owners are responsible and clean up after their pets, but a small minority continue to cause problems. All dog owners are encouraged to promote positive dog ownership and carry suitable bags in order that they can pick up and remove their dog waste.
Why did the Council adopt the Dogs on Lead at All Times provisions?
One reason for making the Order is that where dogs are able to be exercised off leads, it is harder for dog owners to clear up any dog fouling – the dog may foul when it is some distance away from the owner which means that owner may therefore not notice that the dog has fouled or be less inclined to clear up fouling because it would involve walking some distance to find the fouling.
Whilst neither of these issues provide a legal excuse for anyone prosecuted for breach of the ‘poop scoop’ Order, the Council would prefer to make it easier for dog owners to comply with the law in these areas by requiring dogs to be on leads. In general there are other areas in Tameside within a reasonable distance where dogs can be exercised off leads.
In addition the Council is aware from reports to the Patroller Service and articles in the local press that some dogs have been attacked by other dogs in our parks when not on a lead.
Why impose a restriction on the size of a lead?
The key issue about dogs being on a lead is that the dog should be under control. A dog on a lead of tens of feet is unlikely to be in control of their dog.
Who will determine whether a dog owner should place their dog on a lead?
As previously advised the Tameside Patrollers will be enforcing the orders.
Dogs will be free to be off their lead on sites designated “Dogs on Lead by Request” provided the dog is not being a nuisance or danger to other park users.
How are the Orders being enforced?
PSPO’s are to be enforced by the Tameside Patrollers by way of fixed penalty notices or by prosecution. The maximum fine on a prosecution is £1,000. The amount of the Fixed Penalty Notice has been set at £80, discounted to £50 if people pay within 14 days of issue of a fixed penalty notice. This will provide encouragement for people to pay soon.