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new cardiff > ENG > Resident > Leisure, Parks and Culture > Public Spaces Protection Orders (PSPOs)

Public Spaces Protection Orders (PSPOs) – Proposed Dog Controls

Cardiff Council has the responsibility for the management and maintenance of public spaces across the city. These spaces include parks, adopted highways, sports grounds, Schools and cemeteries. 

We have a number of parks and open spaces for dog walkers to take advantage of and we understand that dogs need to be exercised. The majority of dog owners are responsible and clean up after their dogs and we do not want to prohibit them from enjoying the open spaces that Cardiff has to offer. However, as you may be aware there are persistent issues across Cardiff, specifically where dog faeces are not being removed by dog owners. 

Despite the number of interventions that Cardiff has tried over the years such as educational interventions across different parts of the city, there continues to be a growing concern across Cardiff in relation to dogs, specifically in relation to dog fouling.

In order to tackle these issues, the Council has the authority to implement a Public Spaces Protection Order (PSPO) under the Anti-Social Behaviour Crime and Policing Act 2014. A PSPO can prohibit or restrict certain activities and are designed to ensure that the law abiding majority can use and enjoy public spaces, safe from anti-social behaviour. 

A PSPO would replace the current outdated byelaws and restrictions that are currently in place. The PSPO can last for 3 years and if breached an authorised officer could issue a Fixed Penalty Notice up to £100, which if not paid could be increased to £1,000. ​

Public spaces protection (dog control) order 2019​


Notice is hereby given that the County Council of the City and County of Cardiff propose to make a Public Spaces Protection Order under Sections 59  and 72 of the Anti-Social Behaviour, Crime and Policy Act 2014 that will affect any Public Place as set out in the draft Order.

The purpose of the Order will be to enforce responsible dog ownership. 

Written representations or objections to the proposed text of the Order can be made by post to Jonathan Childs, Commercial Services, Cardiff Council, County Hall, Atlantic Wharf, Cardiff, CF10 4UW or by email below not later than 13.00pm 12th June 2019.’ 

Made this         day of        2019
Pursuant to Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 .

The County Council of the City and County of Cardiff (in this Order called “the Council”), in exercise of its power under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act”) and of all other enabling powers, after consultation carried out in accordance with the Act, and being satisfied that uncontrolled and irresponsible dog walking in public places has a detrimental effect on the quality of life of the local community and that the conditions set out in Section 59 of the Act are met, hereby makes the following Order.

1. Definitions and Interpretation
1.1 In the following provisions of this Order, the following terms shall have the meanings hereby respectively ascribed to them:-

“Authorised Officer”  means a person who is authorised in writing by the Council for the purposes of this Order

“Person in Charge” means the person who has the dog in his possession, care or company at the time the offence is committed or otherwise, the owner or person who habitually has the dog in his possession

“Police Constable”  means any person lawfully designated and authorised by a Chief Officer of Police to exercise the powers and duties of a Police Constable

“Public Space”  means any place to which the public or any section of the public has access (with or without payment or permission) and which is owned or maintained by the Council, including roads, footpaths, pavements, grass verges, alleyways, public parks and gardens, green spaces, and allotments

1.2 Except when the context otherwise requires, the singular includes the plural and vice-versa; and the masculine includes the feminine and vice-versa.

1.3 Reference to an Act of Parliament, statutory provision or statutory instrument includes a reference to that Act of Parliament, statutory provision or statutory instrument as amended, extended or re-enacted from time to time and to any regulations made under it.

2. Scope
This Order applies to the Public Spaces in the City and County of Cardiff which are described and shown in the Order and Schedules attached to the Order.

3. Duration
This Order shall come into effect on 1st October 2019 and shall remain in force for a period of 3 years from this date, unless extended by further orders made under the Council’s statutory powers.

4. Title
This Order may be cited as “The Cardiff Council (Public Spaces Protection) (Dog Control) Order 2019”; and imposes the following requirements and prohibitions.

5. Dog Fouling
In all Public Spaces within the City and County of Cardiff, as shown on the plan and list in Schedule A, the following requirements apply:

5.1(a) If a dog defecates at any time, the Person in Charge must remove the faeces from the land forthwith; and

(b) A Person in Charge of a dog must have with them an appropriate means to pick up any faeces deposited by that dog, and must produce this if requested to do so by an Authorised Officer or Police Constable.

3.2 For the purposes of Article 5.1(a):

(i) 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; and

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

6.  Dogs on Leads
6.1 In any of the public cemeteries listed and shown in Schedule B to this Order, any Person in Charge of a dog, at any time, must put and keep the dog on a lead and under proper control.

6.2 In any other Public Space within the City and County of Cardiff, as shown on the plan and list in Schedule A, a Person in Charge of a dog, at any time, must put and keep the dog on a lead and keep it under proper control when directed to do so by an Authorised Officer or Police Constable.

6.3  For the purposes of Article 6.2, an Authorised Officer or Police Constable shall only give a direction to put and keep a dog on a lead if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause alarm, distress or disturbance to any other person or animal or bird on the land.

7.  Dogs Excluded (Enclosed Children’s Play Areas)
7.1 A Person in Charge of a dog is prohibited from taking that dog onto, or permitting the dog to enter or remain on any enclosed children’s play area described or listed in Schedule C to this Order

8. Offences and Penalties
8.1 Any failure to comply with the requirements or prohibitions imposed in Articles 5, 6 or 7 of this Order shall constitute a criminal offence, unless:

  1. The person has a reasonable excuse for failing to do so;
  2. The owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so; or
  3. The person is exempt under Article 9 of this Order.

8.2 Any person guilty of an offence under this Order shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale (on the date of this Order, this is set at £1,000).

8.3 A Fixed Penalty Notice may be issued by an Authorised Officer or Police Constable to anyone believed to have committed an offence under this Order.  The Fixed Penalty shall be £100.  Payment of the Fixed Penalty of £100 within 14 days from the date of the Fixed Penalty Notice will discharge the liability for prosecution.

9. Exemptions
The requirements and prohibitions imposed by this Order shall not apply to any person who:

  1. Is registered as blind, sight or hearing impaired under the National Assistance Act 1948, the Social Services and Well-Being (Wales) Act 2014 or any other legislation;
  2. 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 registered charity and upon which he relies for assistance; or
  3. Is using a working dog for purposes of law enforcement, military duties or statutory emergency services (search and rescue).

10. Appeal
Any interested person (defined as an individual who lives in the restricted area or who regularly works in or visits that area) may question the validity of this Order, pursuant to Section 66 of the Act, on application made to the High Court within 6 weeks from the date of the Order.

11. Validity (Severance)
If any provision of this Order is held invalid or unenforceable for any reason by a court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Order shall continue in full force and effect as if the Order had been executed with the invalid, illegal or unenforceable provision eliminated.

 

THE COMMON SEAL OF THE COUNTY
COUNCIL OF THE CITY AND COUNTY OF
CARDIFF was hereunto affixed
in the presence of:-

 

Authorised Signatory

 

This        day of        in the Year

Schedules


SCHEDULE A – All Public Spaces within the City and County of Cardiff 
SCHEDULE B – Public Cemeteries - List and Plans 
SCHEDULE C -  Enclosed Children’s Play Areas – List and Plans 





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The consultation ran from the 10th September 2018 until the 22nd October 2018.



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