Public Spaces Protection Orders (PSPOs)

PSPOs for dog control

Public Space Protection Order (PSPO) for dog control has been introduced covering North Northamptonshire.

The new PSPO covers:

dog fouling on land
dogs on leads in certain identified areas of public land
dogs on lead upon request
dogs exclusion in certain areas of public land

It does not include restricting the number of dogs that can be taken onto land.

Following 2 consultations and Executive approval, the new order introduced supersedes the legacy orders which were in place Kettering, Wellingborough and East Northamptonshire. Until this point, there was no order in place in the Corby area.

Notice is hereby given that North Northamptonshire Council (in this order called “the Authority”) hereby makes a Public Spaces Protection Order (PSPO) under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act) and all of the enabling powers.

General Provisions

The Order will be cited as the Public Spaces Protection Order (North Northamptonshire Council) (Dog Control) Order 2023 (“the Order”).
Unless otherwise provided, this order applies to all land in the administrative area of the Authority to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of any express or implied permission.
The Order will come into effect on 1 December 2023 and shall remain in place for a period of 3 years unless extended by further order under the Council’s statutory powers.
A person who fails to comply with any obligation imposed by this order is guilty of an offence by virtue of section 67(1) of the Anti-Social Behaviour Crime and Policing Act 2014 and liable to a fine on summary conviction not exceeding level 3 on the standard scale.
If any interested person desires to question the validity of this Order on the grounds that the Council had no power to make it or that any requirement of the Act has not been complied with in relation to this Order, he or she may apply to the High Court within six weeks from the date on which this Order is made.
Obligations on persons with dogs
If a dog defecates at any time on land to which this order applies, a person who is in charge of the dog at the time must remove the faeces from the land forthwith and dispose of it in an appropriate manner.
Unless:
(a) they have 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 their failing to do so (all areas of the Authority).
Lead by order
A person in charge of a dog on land to which this order applies, must comply with a direction given to him or her by an authorised officer of the Authority to put and keep the dog on a lead unless:
(a) they have 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 their failing to do so.
An authorised officer may only give direction under this order if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog that is likely to cause annoyance or disturbance to any other person, or to a bird or another animal.
Leads
A person in charge of a dog on land detailed in Schedule 1, must keep the dog on a lead of fixed length and of not more than 2 metres unless:
(a) they have 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 their failing to do so.
Exclusion
A person in charge of a dog must not take it into or keep it within land detailed in Schedule 2 below unless:
(a) they have reasonable excuse for doing so; or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to their failing to do so.
Exemptions
Nothing in this order shall apply 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) a person with a disability affecting their mobility, manual dexterity or ability to lift, carry or move everyday objects and who relies upon an assistance dog.

For the purpose of this order

A person who habitually has a dog in his or her 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
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
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 constitute a reasonable excuse for failing to remove the faeces
“An authorised officer of the Authority” means an employee, partnership agency or contractor of North Northamptonshire Council who is authorised in writing by North Northamptonshire Council for the purposes of giving directions under the Order
In relation to the requirement for a dog to be on a lead, extendable leads are acceptable, but they must be locked at a length of 2 m or less
The term “Assistance Dog” shall mean a dog which has been trained to assist a person with a disability
The expression “disability” shall have the meaning prescribed in section 6 of the Equality Act 2010 or as may be defined in any subsequent amendment or re-enactment of that legislation.

Schedule 1

1. This order applies to all land which is within the administrative area of North Northamptonshire Council and which is:

(i) A highway, footway, cycleway or footpath maintainable at the public expense, any grass verge maintained by the local authority, and which is adjacent to any carriageway or footway of any highway, any road subject to a 30-mph limit or less to that part of the carriageway of a highway which forms part of the gutter.

(ii) The following pedestrian and parking areas:

Tithe Barn and Croyland Hall, Tithe Barn Road, Wellingborough
Swanspool House, London Road, Wellingborough
The Castle Theatre, Castle Way, Wellingborough
Redwell Leisure Centre, Barnwell Road, Wellingborough
Waendel swimming pool, Cannon Street, Wellingborough
Swansgate multi-storey car park, Commercial Way, Wellingborough
High Street car park, Wellingborough
Embankment car park, Wellingborough
Car park on Palk Road / Knox Road, Wellingborough
Oundle Market Place

(iii) The following parks, church yards and cemeteries, gardens, recreation land, playing fields etc

Special Protection Area Unit 2 Earls Barton West
Special Protection Area Unit 3 Summer Leys Nature Reserve and Wollaston Lakes
Special Protection Area Unit 4 Wellingborough gravel pits
Special Protection Area Unit 5 Ditchford East, Nene Wetlands
Special Protection Area Unit 6 Stanwick Lakes, Stanwick
Special Protection Area Unit 7 Kinewell Lake
Special Protection Area Unit 8 Thrapston and Titchmarsh Lakes
Hayes Wood Wildlife Refuge, Sywell Country Park
London Road Cemetery, Wellingborough
Doddington Road Cemetery, Wellingborough
Wollaston Cemetery, Cobbs Lane, Wollaston
Earls Barton Cemetery, Wellingborough Road, Earls Barton
Grendon St Mary’s Church Cemetery, Grendon
All Hallows Churchyard, Wellingborough
Closed Churchyard attached to St Marys Church, Bozeat
Barnwell St Andrews Churchyard
Barnwell Chancel Churchyard
Brigstock Church Walk
Irthlingborough Cemetery, Church Street
Irthlingborough Cemetery, Wellingborough Road
Oundle Cemetery and Churchyard
Thrapston St James Churchyard, Church Walk
Yarwell St Mary Magdelene Church
Yarwell Cemetery, Nassington Road, Yarwell
Burton Latimer cemeteries
Broughton Cemetery
Kettering London Road Cemetery
Pytchley Cemetery
Rothwell Cemetery
Kettering Rothwell Road Cemetery
Cransley Cemetery
Desborough Cemetery
Saint Lawrence Church Yard, Stanwick
Stanwick Cemetery
Woodnewton Churchyard
Garden of Rest, Kettering
Parish Church Yard, gardens, Kettering
St Peters Church, Stanion
St John the Baptist Church, Church Walk, Corby
Oakley Park, Church Drive, Great Oakley
St Mary the Virgin, Church Street, Weldon
Swanspool Gardens, Wellingborough
Croyland Gardens, Wellingborough
Village Green, London Road, Bozeat
Finedon Bowling Green, recreation ground, Wellingborough Road, Finedon
Finedon Banks, Wellingborough Road, Finedon
Grendon pocket park, NN17 1JW
Ashton Village Green
Collyweston playing field / pocket park, The Drift
Saffron Road recreation ground, Higham Ferrers
Islip Sports Field Toll Bar Road
Lowick pocket park / play area
Nassington Village green and adjoining field
Oundle Occupation Road and surrounding sports areas
Rushden Hall Park
Thrapston The Peace Park, Huntingdon Road
Thrapston The Spinney, Warwick Gardens
Warmington Playing field
Warmington Warmington open space
Yarwell allotments
Yarwell Playing field / football field
Yarwell Locks Green, Main Street
Bassfords recreation ground and Millfields (Raunds) during council events
Amos Lawrence Park, Raunds
Manor Gardens, Kettering
Market Place, gardens, Kettering
Municipal Gardens, Kettering
Broughton playing fields
High Street Park, Broughton
North Park (All Saints and Brambleside) during football matches
Oakley Park, Church Drive, Great Oakley
Green space, surrounding Great Oakley cricket ground
Oakley cricket ground
Greenspace off Harpers Close, Great Oakley
Weldon cricket club, Weldon

Schedule 2

1. This order applies to all land which is within the administrative area of North Northamptonshire Council, and which is:

(i) A fenced / enclosed children’s play area and multi court signed at its entrance(s) as a “dog exclusion area” (whether the sign uses those particular words and/or symbols having like effect) which is designated and marked for children’s play

(ii) Following playing fields, recreation grounds and cemeteries: