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Dog Fouling Order

THE CLEAN NEIGHBOURHOODS AND ENVIRONMENT ACT 2005
THE DOG CONTROL ORDERS (PRESCRIBED OFFENCES AND PENALTIES, ETC) REGULATIONS 2006
THE FOULING OF LAND BY DOGS (ISLE OF WIGHT) ORDER 2007

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The Isle of Wight Council hereby makes the following Order:

1. This Order comes into force on May 2 2008

2. This Order applies to the land specified in Schedule 1.

Offence
3.

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

(2) Nothing in this Article applies to a person who -

(c) Is registered as a blind person in a register compiled under Section 29 of the National Assistance Act 1948; or

(d) Has a disability which affects his mobility, manual dexterity, physical co-ordination 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.

(3) For the purposes of this Article -

(e) 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;

(f) 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;

(g) 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;

(h) Each of the following is a 'prescribed charity' -

(i) Dogs for the Disabled (Registered Charity No 700454);

(ii) Support Dogs (Registered Charity No 1088281);

(iii) Canine Partners for Independence (Registered Charity No 803680)

Penalty
4.

A person who is guilty of an offence under Article 3 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Dated this ... day of ........ 2007

THE COMMON SEAL of the ISLE OF WIGHT COUNCIL was hereunto affixed in the presence of: .............................................

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Schedule 1

This order applies to all land within the administrative area of the Isle of Wight Council which is open to the air (including covered land which open to the air on at least one side) and to which the public are entitled or permitted to have access (with or without payment) but does not include Forestry Commission Land and land designated by the Secretary of State as land to which is not subject to the Order.