Public Space Protection Order (PSPO)

  • Public Space Protection Order (PSPO)

The Anti-social Behaviour, Crime and Policing Act 2014

The Public Spaces Protection Order – (Thanet District Council) 2017

Thanet District Council (in this order called ‘’the Authority‘’) hereby makes the following Order:

This Order comes into force on the 25 October 2017 for a period of 3 years.

Offences

1. Fouling

If within the administrative area of the Authority a dog defecates at any time on land 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 and a person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless

a)    has reasonable excuse for failing to do so;

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. Leads by Order

A person in charge of a dog shall be guilty of an offence if, at any time, within the administrative area of the Authority they do not comply with a direction given to them by an authorised officer of the Authority to put and keep the dog on a lead unless

a)    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.

An authorised officer may only give a direction under this order if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog that is likely to     cause annoyance or disturbance to any other person, or to wildlife or another            animal.

3. Leads

A person in charge of a dog shall be guilty of an offence if, at any time, (during the period specified in the schedule if stated), on land detailed in schedule 1, and 2 below they do not keep the dog on a lead unless

a)    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.

4. Dog faeces Receptacle

If within a public place in the administration area of the Authority a person who owns         or is in in charge of a dog must have a suitable dog faeces receptacle to remove dog   faeces on their person, if the person does not have in their possession a       suitable dog faeces receptacle, that person shall be guilty of an offence unless

                        a)         has reasonable excuse for failing to do so;

                        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.

5. Exclusion

A person in charge of a dog shall be guilty of an offence if, at any time, within the administrative area of the Authority he takes the dog onto, or permits the dog to enter  or to remain on, any land detailed in schedule 3 unless     

                        a)         has reasonable excuse for failing to do so;

                        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.

6. Exemptions

            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)    is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which he relies for assistance; or

c)    has a disability which affects his mobility, manual dexterity, physical coordination 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. 

For the purpose of this order –

  • 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;
  • Placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the land;
  • 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;
  • ‘’ an authorised officer of the Authority ‘’ means an employee, partnership agency or contractor  of Thanet District Council who is authorised in writing by Thanet District Council for the purposes of giving directions under the Order.
  • Each of the following is a ‘’prescribed charity ‘’-
  1. Dogs for the disabled (registered charity number 700454)
  2. Support Dogs Limited (registered charity number 1088281)
  3. Canine Partners for Independence (registered charity number (803680 

8. Penalty

A person who is guilty of an offence under this order without reasonable excuse shall be liable a £100 on the spot (a ‘Fixed Penalty Notice’) or if it goes to court  a summary conviction to a fine not exceeding level 3 on the standard scale

Schedule 1

The Keeping of Dogs on a Lead between the hours of 10am to 6pm from 1st May to 30th September

This order applies to all land described below, which includes Blue Flag & Seaside Award beaches:

Location

Geographical Area

Louisa Bay

Broadstairs

Walpole Bay

Cliftonville

West Bay

Westgate

St Mildred’s Bay

Westgate

Botany Bay

Broadstairs

Joss bay

Broadstairs

Stone Bay

Broadstairs

Westbrook Bay

Margate

Schedule 2

The Keeping of Dogs on a Lead 24 hours a day all year round

This order applies to all land described below:

Location

Geographical Area

Pegwell Bay (Upper Chalk Shore)

Ramsgate

Ramsgate Cemetery

Ramsgate

St George’s Church yard

Ramsgate

St Peter’s Church yard

Broadstairs

Margate Cemetery

Margate

St John’s Church yard

Margate

All Saints

Birchington

Schedule 3

Dog Exclusion Areas

Seasonal exclusion of dogs from 1st May to 30th September

Location

Geographical Area

Minnis Bay

Birchington

Viking Bay

Broadstairs

Margate Main sands

Margate

Ramsgate Main sands

Ramsgate

Ramsar & SSSI beach – All year round exclusion of dogs

Location

Geographical Area

Pegwell Bay (mudflats & saltmarsh)

Ramsgate

Designated Fenced children’s play areas – All year round exclusion of dogs

Location

Geographical Area

Princess Margaret Avenue

Ramsgate

Lancaster Gardens

Ramsgate

Stirling Way

Ramsgate

Nethercourt Park

Ramsgate

Coleman Crescent

Ramsgate

King George VI

Ramsgate

Boundary Road

Ramsgate

La Belle Alliance

Ramsgate

Conygham close

Ramsgate

Prestedge Avenue

Ramsgate

St Peters Recreation

Broadstairs

Jacky Bakers

Ramsgate

Courtstairs Park

Ramsgate

Warre Recreation

Ramsgate

Ellington Park

Ramsgate

Cliffsend Play area

Ramsgate

Minnis Bay

Birchington

Crispe Park

Birchington

Birchington Recreation

Birchington

Dane Park

Margate

Dane Valley Road

Margate

Laleham Road

Margate

Swinford Gardens

Margate

Northdown Park

Margate

Hartsdown Park

Margate

Garlinge Recreation

Margate

Tivoli Park

Margate

Lymington Road

Westgate

Viking Paly area

Cliftonville

Dalby Square

Cliftonville

Memorial Park

Broadstairs

Pierremont Park

Broadstairs

Vincent Close

Broadstairs