Dog Management Protection Order No. 5
- This Order shall come into operation on 26th October 2023 and shall have effect for a period of 3 years thereafter, unless extended by further orders under Bolsover District Council's ("the Council") statutory powers.
- The Restricted Area - this Order relates to all land in the administrative area of the Authority shown edged black on the map in Schedule 1 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.-
- The Activity - the Council is satisfied on reasonable grounds that there are a number of activities, carried out or likely to be carried out in the public space, namely the Restricted Area, that have had, or are likely to have, a detrimental effect on the quality of life of those in the locality. The effect or likely effect of these activities is of a persistent or continuing nature such as to make these activities unreasonable, and justifies the restrictions imposed by this Order.
- The Prohibitions/Requirements - In exercise of its powers under sections 59 and 64 of the Act the effect of this Order is to prohibit specified things being done, and specify things to be done in accordance with the table below.
- Exemption
- Nothing in this order shall apply 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) 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. - Failure to comply with this Order - Criminal Offence -Any person failing to comply with this Order will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale pursuant to section 67 of the Act.
Alternatively, a £100 Fixed Penalty Notice may be issued by an Authorised Officer or Constable. - Definitions -for the Purpose of this Order:
"The Act" means the Anti-Social Behaviour Crime and Policing Act 2014
"Authorised Officer" means a person authorised by the Council
"Children's play area" - an area enclosed, fenced or defined by other means, and includes designated sports areas, multi-use games areas and recreation areas. - Appeals - if any interested person wishes to question the validity of this Order on the grounds that the Council did not have the power to make the Order or that a requirement under the Act has not been complied with, then they may apply to the High Court within 6 weeks of the date this Order is made.
| Prohibition/Requirement | When | Area Affected |
|---|---|---|
| A. Dog fouling If a dog defecates within the Restricted Area a person who is in charge of the dog at the time must remove the faeces from the Restricted Area forthwith: |
At all times unless: (a) he/she has reasonable excuse for failing to do so; or
|
All land in the administrative area of the Authority shown edged black on the map in Schedule 1 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. |
| B. Means to pick up A person in charge of a dog in the Restricted Area must have with them an appropriate means to pick up dog faeces, deposited by that dog. The obligation is complied with if, after a request from a Constable or an Authorised Officer, the person in charge of the dog produces an appropriate means to pick up the dog faeces. |
At all times unless (a) he/she has 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. |
All land in the administrative area of the Authority shown edged black on the map in Schedule 1 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. |
| C. Dogs on lead by direction. A person in charge of a dog must comply with a direction from a Constable or an Authorised Officer to put and keep the dog on a lead of not more 5 meters in length. |
At all times unless (a) he/she has 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. |
All land in the administrative area of the Authority shown edged black on the map in Schedule 1 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.
|
| D. Dogs - specified maximum amount A person in charge of more than one dog, must not take into the Restricted Area more than six (6) dogs at any one time. |
At all times unless (a) he/she has 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. |
Applicants over 60 (who are not homeowners) without a statutory housing need but All land in the administrative area of the Authority shown edged black on the map in Schedule 1 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. |
| E. Dog exclusion in children's play areas with Council-approved sign A person in charge of a dog must not take it into or keep it within a fenced/enclosed area children's play area, as defined in Section 7 below, where appropriately signed at its entrance(s) area as a 'dog exclusion area' (whether the sign uses those particular words or words and/or symbols having like effect) which is marked for. |
At all times unless (a) he/she has 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. |
This includes fenced/enclosed, or defined by other means children's play areas, as defined in Section 7 below, where there is a Council-approved sign at its entrance(s) as a "Dog exclusion area" (whether the sign uses those particular words or words and/or symbols having like effect) which is designated and marked for children's play. |
| F. Dogs on leads in specified areas. A person in charge of a dog must keep the dog on a lead of not more than 5 meters in length, whilst:
|
At all times unless (a) he/she has 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. |
On each and every length of road (including pavements, footways and verges). All pedestrianised areas, cemeteries, and churchyards. Any land within a recreation area, sports ground, field, park, or pitch defined as, and signed with a Council-approved sign at its entrance(s), as a 'dogs on leads area' (whether the sign uses those particular words or words and/or symbols having like effect). |
For a full signed copy of the Order please This email address is being protected from spambots. You need JavaScript enabled to view it. (opens in a new window) us.
