The Fouling of Land by Dogs (Warwick District Council) Order 2020

"Warwick District Council ("the Council") makes the following order. This order shall come into force on 21 October 2020 for a period of 3 years.

Offence

If a dog defecates at any time on land to which this Order applies and a person who is in charge of the dog 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 (general or specifically) to his failing to do so.

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 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 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; and
  • c) being unaware of the defecation (whether by reason of not being in the vicinity or otherwise) or not having a device 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

A person who is guilty of an offence under section 67 of the Anti-Social Behaviour Policing & Crime Act 2014 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Fixed penalty notice

Where on any occasion a constable or an authorised officer of a local authority finds a person who he or she has reason to believe has on that occasion committed an offence under section 63 or section 67 of the Act in relation to a public spaces protection order made by that local authority he or she may give that person a notice offering them the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.