Proposed Public Spaces Protection Order (PSPO) Dog Controls

Monmouthshire County Council is responsible for managing and maintaining public spaces across the county, of which we are fortunate to have so many amazing locations. The wealth of our open spaces is a huge attraction to residents, businesses and visitors to the county and supports good dog ownership.

We recognise that the majority of dog owners act responsibly and keep their dog(s) under control, which includes clearing up after them in a public place. However, the council receives a significant number of complaints regarding issues with dogs in public areas, in particular fouling. These continue despite the council’s and its partners’ best efforts to raise awareness of the anti-social nature of dog fouling and related matters.

The council, informed by a three-month public consultation in 2021, has been reviewing the current controls in place to ensure they remain relevant and effective in maintaining a cleaner, healthier and safer place to live, work and visit.

Summary of Proposals

The current dog controls in the county are provided by the Monmouthshire County Council (Fouling of Land by Dogs) (Monmouthshire) Designation Order (No 1) 1998. This makes it an offence not to pick up after your dog if it fouls certain public spaces. It does not include all public spaces.

In 2021 we consulted with the public to find out if there was support for further dog controls in the county. There has since been wide ranging consultation with elected members, sports clubs and associations and key landowners of public spaces to refine proposals. The draft PSPO has five proposed dog controls:

A provision requiring the person in charge of a dog to clean up if it defecates in a public space. This will apply to ALL publicly accessible land in the county of Monmouthshire.

A provision requiring the person in charge of a dog in a public space to have an appropriate means (E.g., a dog bag) to pick up any faeces deposited by that dog and to show they have bag(s) if requested to do so by an authorised officer.

A provision requiring the person in charge of a dog when in a public space to put the dog on a lead of no more than 2 metres in length when directed to do so by an authorised officer, where the dog is considered to be out of control, or causing alarm or distress or to prevent a nuisance.

The introduction of a number of dog exclusion areas, identified through consultation as high public health risk areas and requiring further protection from dog fouling. These are typically children’s play areas and marked sports pitches.

The introduction of a number of areas, identified through consultation on a case-by-case basis, where a dog needs to be kept on a lead of no more than 2 metres in length.

There are also a number of exemptions in the order:

The dog fouling provisions will not apply to some disabled people, whose sight impairments or other disabilities prevent them from being able to clean up after their dogs.

The dog exclusion provisions will not apply to a dog trained by a registered charity to assist a person with a disability and upon which a disabled person relies for assistance.

None of the provisions will apply to the normal activities of a working dog, whilst the dog is working.

BEFORE COMPLETING THE SURVEY. PLEASE READ THE SUMMARY, DRAFT ORDER AND FAQ.

Click here for the Consultation Summary

Click here for the Draft Order

Click here to complete the survey

Note on GOF-PSPO-094 Llanvapley Sports Ground

Please note map 94 in the draft order had been incorrectly shown as an Exclusion Area and this was changed to show Leads Only on the 12th October 2023.

FAQ

Click the questions to see the answers:

Why do we need a Public Spaces Protection Order (PSPO) Dog Controls?

The Council receives lots of reports each year relating to dog fouling and nuisance dogs. A lot of work has been done through initiatives such as Give Dog Fouling the Red Card which raise awareness of the need for responsible dog ownership. However, concerns persist and a PSPO is a useful tool to help stop unreasonable behaviour in public spaces which may otherwise have a harmful effect on other people. The hope is to improve the enjoyment of public spaces for everyone.

What is intended to be covered by this PSPO for Dog Controls?

A requirement to clean up after a dog if it fouls any public space in the county.
A requirement to have dog bags if walking a dog in any public space in the county; and to show those bags to an authorised officer if requested to do so.

A requirement to put a dog on a lead of no more than 2 metres length, when asked to do so by an authorised officer, where the dog is considered to be out of control, or causing alarm or distress or to prevent a nuisance. This applies to any public space in the county.

The introduction of dog exclusion areas, where further protection from dog fouling is considered appropriate. These are mainly children’s play areas, marked sports pitches and school / leisure centre grounds.

The introduction of areas where a dog must be kept on a lead of no more than 2 metres length. These have been identified on a case-by-case basis where it is considered appropriate for a dog to be kept under close control.

What do you mean by “public space”?

The definition of a public space is wide and means any place 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.

I’ve bagged my dog’s poo but there is no dog poo bin around. What should I do?

Dog poo can be bagged and placed in any public bin, it does not have to go in a ‘dog poo’ bin. If there are no bins around it should be taken home and put in household waste.

Are any exemptions proposed?

Yes. The dog fouling provisions will not apply to some disabled people, whose sight impairments or other disabilities prevent them from being able to clean up after their dogs.

The dog exclusion provisions will not apply to a dog trained by a registered charity to assist a person with a disability and upon which a disabled person relies for assistance.

None of the provisions will apply to the normal activities of a working dog, whilst the dog is working.

Why, as a dog owner / walker, am I being asked to carry poo bags or similar?

We want to reinforce the message for dog walkers to be prepared and to show they have the intention to clean up after their dog.

What if I am approached after I have used the dog bags I took on a walk?

Officers will take a common-sense approach to the PSPO. This is not intended as a ‘money making scheme’ or to catch out responsible dog owners. It does enable intelligence led enforcement though. For example, where the council receives a report that a particular dog walker never picks up it is reasonable for an officer to approach that person and ask to see their dog bags.

What if I’m asked to show a dog poo bag and I refuse? Do Council officers have powers of stop and search?

Officers have no powers of stop and search. It will be an offence though to fail to produce a bag or other means for picking up after your dog when asked by an authorised person.

Who will be authorised to ask?

A Police Constable or a person authorised in writing by the Council for the purposes of the PSPO.

Why are you excluding dogs from certain areas?

The council has done a lot of consultation in the last 2 years and the message from that is there are certain areas where further protection from dog fouling is desirable. These are typically children’s play areas, marked sports pitches and school / leisure centre grounds.

Can I walk my dog on a sports pitch when it is not being used for sports activities?

If the sports pitch is listed in the PSPO as an exclusion area (and signposted as such) then you should not walk your dog on the pitch even if not used for sports activities at that time. The reason is that some residue of dog poo is likely to remain on the grass even if the bulk of it is collected and could remain there until the pitch is used.

Toxocariasis is an infection caused by small worms found in the poo of some dogs. Significantly it is not caught from fresh poo. It’s usually caught from soil or sand that has contained worm eggs for a few weeks or months.

Why are there certain areas where dogs need to be kept on leads?

These have been considered on a case-by-case basis through consultation and are areas where dogs need to be kept under close control because of the nature and the main use of the public space. For example cemeteries, heritage and wildlife sites, formal gardens and skate parks.

Will the new rules apply to professional dog walkers as well as people walking with their own dogs?

Yes, they apply to the person in charge of a dog meaning the person who has the dog in their possession, care or company at the time if an offence is committed or otherwise, the owner or person who habitually has the dog in their possession.

What would the penalty be for not complying with the PSPO?

A Fixed Penalty Notice (FPN) can be given of £100 payable within 14 days, reduced to £75 if paid within 10 days. For cases taken to court though e.g. for non-payment of FPN, the fine could be up to £1000.

What happens after the consultation period?

The council will consider the feedback and make a final decision, which is anticipated to be early in 2024.

How will you inform people of the new rules if a PSPO is introduced?

Clear signage on any areas where dogs are excluded or need to be kept on leads. There will be regular reminders through social media, local newspapers and the PSPO will be on the council’s website.

How long does a PSPO last for?

It last for 3 years, after which it can be extended if still considered necessary following further consultation.

Do other councils have PSPO’s for dog control?

Yes 14 of the 22 local authorities in Wales currently have a PSPO for dog controls.