Public Spaces Protection Order 2024 (Dog Control)

The City of Bradford Metropolitan District Council (in this Order called “the Council”) hereby makes the following Order pursuant to Section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 (“the Act).

The Order may be cited as the “Bradford Metropolitan District Council Composite Public Spaces Protection Order 2024 (Dog Control)”.

When in force this Order supersedes the following:

• Dog Control Order - Dog Fouling (District Wide) 2011
• Dog Control Order - Dogs Exclusion Order (City Park) 2011
• Dog Control Order - Dogs on Leads Order (City Park) 2011
• Dog Control Order - Dogs Exclusion (CBMDC) Order 2013
• Dog Control Order - Dogs on Lead by direction (CBMDC) Order 2013
• Dog Control Order - Dogs on Leads (CBMDC) Order 2013

Extending:

• Bradford Metropolitan District Council Public Spaces Protection Order 2017 (Dog Control) dated 20 October 2017,
• Bradford Metropolitan District Council Composite Public Spaces Protection Order 2021 (Dog Control) dated 8 April 2021

This Order is made on 16^th May 2024 and shall have effect for a period of 3 years thereafter, unless extended, varied or discharged by further order(s) under the Council’s statutory powers. This Order can be extended pursuant to Section 60 of the Act.

In this Order the following definitions apply:

“Person in Charge” means the person who has the dog in their possession, care or company at the time the offence is committed or, if none, the owner or person who habitually has the dog in their possession.

“Public Place” means any place in the administrative area of the Council 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. The administrative area of the Council is the land described and/or shown on the map in Schedule 1 to this Order.

“Restricted Area” means the land described and/or shown in the map in Schedule 1 to this order.

“Authorised Person” means a Police Officer, PCSO, Council Officer, and persons authorised by the Council to enforce this Order.

“Assistance Dog” means a dog that is trained to aid or assist a disabled person.

Article 1 – Dog Fouling

1. If within the restricted area a dog defecates, in any Public Place, at any time, the person who is in charge of the dog at the time must remove the faeces forthwith, unless they have a reasonable excuse for failing to do so.
2. For the purposes of this Article –
   1. Placing the faeces in a receptacle in the restricted area which is provided for the purpose, or for the disposal of litter or waste, shall be a sufficient removal from the Public Place.
   2. 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.
3. This part of the Order applies to all Public Places in the administrative area of the Council (as detailed in Schedule 1).

Article 2 – Means to Pick Up

1. A person in charge of a dog, at any time, within the Restricted area must have and produce on request the appropriate means to pick up dog faeces deposited by that dog, unless they have a reasonable excuse for failing to do so.

The obligation is complied with if, after a request from an authorised officer, the person in charge of the dog produces an appropriate means to pick up dog faeces.

Article 3 – Dogs on leads by direction

1. A person in charge of a dog, at any time, within the Restricted area, must comply with a direction given to them by an Authorised Person to put and keep the dog on a lead for such period and/or in such circumstances as directed by that person, unless they can show that:
   1. they have a reasonable excuse for failing to do so; or
   2. the owner, occupier or other person or authority having control of the Public Place in question has consented (generally or specifically) to their failing to do so.
2. For these purposes, a ‘lead’ means any rope, cord, leash or similar item used to tether, control or restrain a dog, but does not include any such item which is not actively being used as a means of restraint so that the dog remains under a person’s close control.
3. This part of the Order applies to all Public Places in the administrative area of the Council (as detailed in Schedule 1).
4. An Authorised Person may only give a direction under this Article if such restraint is considered by that person to be reasonably necessary to prevent a nuisance or behaviour by the dog that is likely to cause annoyance or disturbance to any other person, or other animal.

Article 4 – Dogs on lead areas

1. A person in charge of a dog in any public place detailed in Schedule 2 must keep that dog on lead, unless they can show that:
   1. they have a reasonable excuse for doing so; or
   2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to their failing to do so.
2. For these purposes, a ‘lead’ means any rope, cord, leash or similar item used to tether, control or restrain a dog, but does not include any such item which is not actively being used as a means of restraint so that the dog remains under a person’s close control.
3. This part of the Order applies to bowling greens, cemeteries, sports ground, field, parks and pitches but only when in use for organised authorised events, footpaths around lakes and ponds and signed at its entrance(s) as a ‘dog on lead area’ (whether the sign uses those particular words or words and/or symbols having effect).

Article 5 – Dog exclusion areas

1. A person in charge of a dog must not, at any time, take that dog onto, or permit a dog to enter or to remain on, any Public Place detailed in Schedule 3 unless:
   1. they have a reasonable excuse for doing so; or
   2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to their failing to do so.
2. This part of the Order applies to equipped play areas, Multi-use Games Areas, BMX and skate parks, interactive water features, Muslim sections of cemeteries and signed at its entrance(s) as a ‘dog exclusion area’ (whether the sign uses those particular words or words and/or symbols having effect).

Exemptions

Any person with a disability affecting their mobility, manual dexterity or ability to lift carry or move everyday objects or who relies upon a dog trained by a prescribed charity for assistance are exempt from the prohibition and requirements of this order.

Nothing in this Order shall apply to a dog being used by the police, contractors or agencies permitted by the Council for official purposes.

Offence and Penalty

It is an offence under Section 67 of the Act for a person without reasonable excuse, (i) to do anything that they are prohibited from doing under the Order or (ii) to fail to comply with a requirement which they are subject to under the Order. A person guilty of an offence under section 67 is liable on summary conviction to a fine not exceeding level 3 on the standard scale. In the alternative, that person may be issued with a fixed penalty notice by an Authorised Person in the sum of £100. If the fixed penalty notice is paid within seven days, a discounted sum will be payable of £80.

Date: 16^th May 2024

View the maps and Sealed Order

You can view the maps and a copy of the Sealed Order (PDF)