Draft Public Spaces Protection Order - Responsible Dog Ownership

We are consulting on this draft Responsible Dog Ownership Public Spaces Protection Order

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Draft Public Spaces Protection Order - Responsible Dog Ownership summary

Hammersmith & Fulham Council, in exercise of its powers under sections 59 and 72 of the Anti-social Behaviour, Crime and Policing Act 2014 ("the Act") and all other enabling powers, hereby makes the following order:

This Order comes into force on [TBC] and ends on [TBC] unless extended by further Orders under the council's statutory powers.

This Order applies to the public spaces described in the Schedules to this Order ("the restricted areas").

The council is satisfied that the two conditions below have been met, in that:

  1. activities carried on in the restricted area as described below have had a detrimental effect on the quality of life of those in the locality, or it is likely that these activities will be carried on in the public place and they will have such an effect
  2. the effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature, is, or is likely to be, such as to make the activities unreasonable, and justifies the restrictions imposed by the Order.

The effect of the Order is to impose the following prohibitions and/or requirements in the restricted areas at all times.


Prohibitions and or requirements

For the purposes of articles 1 to 6 below, a person who habitually has a dog in their possession is taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog.

Article 1, Exclusion

A person in charge of a dog is prohibited from taking that dog onto, or permitting the dog to enter or to remain on land within the restricted area referred to in Schedule 1 of this Order unless -

  1. that person has a reasonable excuse for failing to do so; or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so; or
  3. is subject to the exemptions listed for Schedule 1

Schedule 1 - Areas where dogs are prohibited 

  • All children's play areas 
  • All fenced sporting areas 
  • All fenced war memorial areas 
  • Wendell Park - Forest school zone
  • Cathnor Park – Dog exclusion zone
  • Godolophin Road Open Space - Pond area
  • Ravenscourt Park - Picnic area, walled garden, fenced area around the lake, & wildlife area
  • Furnivall Gardens - Walled garden
  • St Pauls Garden - Fenced picnic area
  • Rowberry Mead Open Space
  • Eel Brook Common - Fenced picnic area & fenced flower garden
  • Bishops Park - Fenced picnic area & pond area
  • Hurlingham Park - Rose garden
  • All grounds of Fulham Palace
  • South Park - Pond area

Article 2, Leads

A person in charge of a dog, at any time, must keep the dog on a lead in the restricted area detailed in Schedule 2 of this Order unless -

  1. that person has a reasonable excuse for failing to do so; or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so

Schedule 2 - Areas where dogs must be on leads 

  • North Sheen Cemetery
  • Mortlake Cemetery
  • All Wildlife Conservation Areas:
  • Wormwood Scrubs Wildlife Areas
  • Bishop's Park Wildlife Area
  • All Café/Tea Houses
  • All Outdoor Gyms
  • Wormwood Scrubs - Forest schools
  • Hammersmith Park - Japanese garden
  • Wendell Park - Picnic area
  • Cathnor Park - Forest school 
  • Shepherd’s Bush Green – former toilet block area
  • Brook Green - Picnic area
  • St Pauls Garden - Forest school
  • Marcus Garvey Area - Forest school
  • Westcroft Square
  • Bayonne Road Open Space
  • Normand Park - Community garden & bowling green garden
  • Frank Banfield Park - Community garden
  • Bishops Park - Event area & moat garden
  • Sir William Powell Almshouses
  • Loris Gardens
  • South Park - Community centre & market garden
  • Vicarage Gardens
  • William Parnell Park - Community garden

Article 3, Dogs on leads as directed

A person in charge of a dog, at any time, must put and keep the dog on a lead when directed to do so in the restricted area detailed in Schedule 3 of this Order unless –

  1. that person has a reasonable excuse for failing to do so; or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

For the purposes of this article an authorised officer of the Authority may only give a direction under this article 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 annoyance or disturbance to any other person or the worrying or disturbance of any other animal or bird on any land to which this article applies.

Schedule 3 - Areas where dogs must be on leads if asked to do so

All areas of land which are open to the air and to which the public are entitled or permitted to have access (with or without payment) within the London Borough of Hammersmith & Fulham.

Article 4, Specified maximum

A person in charge of more than one dog, at any time, must not take more than "specified number of" dogs in the restricted area detailed in Schedule 4 of this Order unless –

  1. that person has a reasonable excuse for failing to do so; or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so

Schedule 4 -  Areas where there is a specified maximum number of dogs a person can be in charge of

All areas of land which are open to the air and to which the public are entitled or permitted to have access (with or without payment) within the London Borough of Hammersmith & Fulham.

Article 5, Fouling

If a dog defecates at any time on land in the restricted area detailed in Schedule 5 of this Order and the person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless -

  1. that person has a reasonable excuse for failing doing so; or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so; or
  3. is subject to the exemptions listed for Schedule 5.

Schedule 5 - Areas where the person in charge of the dog must clear up any poo that their dog is responsible for

All areas of land which are open to the air and to which the public are entitled or permitted to have access (with or without payment) within the London Borough of Hammersmith & Fulham

Article 6, Clean up and or bag requirement

A person in charge of a dog, at any time, must be able to produce a poop scoop and/or disposable bags which would be used to remove the faeces from the land on the request of an authorised officer and do so in the restricted area detailed in Schedule 6 of this Order unless –

  1. that person has a reasonable excuse for failing to do so; or
  2. the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

Schedule 6 - Areas where the person in charge of the dog must be able to produce a poop scoop and/or disposable bags

 All areas of land which are open to the air and to which the public are entitled or permitted to have access (with or without payment) within the London Borough of Hammersmith & Fulham


Penalty

Any person who fails without reasonable excuse to comply with any of the requirements or prohibitions at Articles 1 to 6 in this Order shall be liable on summary conviction to a fine not exceeding level 3 (currently £1,000) on the standard scale.

Fixed penalty

Police Officers, Police Community Support Officers, the council’s Law Enforcement Officers and other authorised personnel can issue Fixed Penalty Notices (FPNs) to people who continue to break these rules. A person committing an offence will have 14 days to pay the fixed penalty of £100 (or £60 if paid within 7 days), failing which they may be prosecuted.

Appeals

Any challenge to this Order must be made at the High Court by an interested person within 6 weeks of it being made. An interested person is someone who lives in, regularly works in or visits the restricted area. This means that only those who are directly affected by the restrictions have the right to challenge. The right to challenge also exists where an order is varied by the council.

Interested persons can challenge the validity of the Order on two grounds: that the council did not have the power to make the Order or to include particular prohibitions or requirements; or that one of the requirements of the legislation, for instance consultation, has not been complied with.

When an application is made, the High Court can decide to suspend the operation Of the Order pending the court's decision, in part or in whole. The High Court can uphold, quash or vary the Order.


Exemptions

Nothing in Article 1, applies to a person who:

  1. Is registered as a blind person and uses a dog trained by a member of Assistance Dogs UK or any other UK registered charity whose activities include the training of assistance dogs, and upon which they rely for assistance; or
  2. Has a physical or mental disability which has a substantial and long-term effect on their ability to carry out normal day-to-day activities, in respect of a dog trained by a member of Assistance Dogs UK or any other UK registered charity whose activities include the training of assistance dogs and upon which they rely for assistance.

Nothing in Article 3, applies to a person who 

  1. Is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 23358) and upon which they rely for assistance.

Nothing in Article 5 & 6, applies to a person who:

  1. Is registered as a blind person and uses a dog trained by a member of Assistance Dogs UK or any other UK registered charity whose activities include the training of assistance dogs and upon which they rely for assistance; or
  2. Has a physical or mental disability which has a substantial and long-term effect on their ability to carry out normal day-to-day activities in respect of a dog trained by a member of Assistance Dogs UK or any other UK registered charity whose activities include the training of assistance dogs and upon which they rely for assistance; or
  3. Has a physical or mental disability which has a substantial and long-term effect on their ability to carry out normal day-to-day activities in respect of a dog upon which they rely for assistance in connection with their disability; or
  4. Has a physical or mental disability which has a substantial and long-term effect on their ability to carry out normal day-to-day activities such that they are unable to collect faeces from where it is deposited.

The member organisations can be found here: Find an Assistance Dog Charity - ADUK (assistancedogs.org.uk)