The Clean Neighbourhoods and Environments Act 2005

The Dog Control Orders (Prescribed Offences And Penalties, Etc.) Regulations 2006 (S.I.2006/1059)

The Tameside Metropolitan Borough Council (Fouling Of Land By Dogs) (General) Order 2010

The Tameside Metropolitan Borough Council hereby makes the following Order:

1. This Order comes into force on 11 March 2010.
2. This Order applies to the land specified in Schedule 1.

Offence

3. (1) If a dog defecates at any time on land to which this Order applies and a person who is in charge of the dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless:-

(a) he has a reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

(2) Nothing in this article applies to a person who:-

(a) is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
(b) has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he relies for assistance.

(3) For the purposes of this article:-

(a) a person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;

(b) placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be a sufficient removal from the land;

(c) being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces;

(d) each of the following is a "prescribed charity":-

(i) Dogs for the Disabled (registered charity number 700454);
(ii) Support Dogs (registered charity number 1088281);
(iii) Canine Partners for Independence (registered charity number 803680).

Penalty

4. A person who is guilty of an offence under article 3 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Dated: 22 February 2010

The Common Seal of Tameside
Metropolitan Borough Council was
hereunto affixed in the presence of

Authorised Officer

Schedule 1

All land which is open to the air (including covered land which is 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 within the area edged with a bold line [NB for ease of viewing online the bold line is shown red on this page] on the map attached to this Order other than:

a) Land comprised in or running along side a highway which comprises a carriageway unless the driving of a motor vehicle on the carriageway is subject, otherwise than temporarily, to a speed limit of 40mph or less.
b) Land used for agriculture or woodlands
c) Land which is predominately marshland, moor or heath and
d) Common land to which the public are entitled or permitted to have access, otherwise than by virtue of Section 193(1) of the Law of Property Act 1925

Dog Fouling Map

View a larger image of Dog Fouling Map