Byelaws for the Control of Dogs

BYELAWS FOR THE REGULATION OF DOGS

Byelaws made by the Parish Council of East Hanningfield under Section 164 of the Public Health Act 1875, with respect to pleasure grounds.

1.         (1)       Byelaw 3 applies to the pleasure ground or parts thereof described in Schedule 1, hereafter referred to as the “dog prohibited area”.

            (2)       Byelaws 4 and 5 apply to the pleasure grounds or parts thereof described in Schedule 2, hereafter referred to as the “canine faeces removal areas”.

            (3)       Notice of the effect of those byelaws shall be given by signs places in conspicuous positions at the entrance to the dog prohibited area, and at the entrances or on the approaches to the canine removal areas.

INTERPRETATION

2.         (1)       In these byelaws “the Council” means the Parish Council of East Hanningfield.

            (2)       For the purpose of these byelaws the keeper of the dog shall be deemed in charge thereof, unless the dog has been placed into the charge of some other person at the time when the offence under these byelaws had been committed.

            (3)       In paragraph (2) above “the keeper” shall include the owner of the dog or any person who habitually has it in his possession.

DOGS PROHIBITED FROM THE GROUNDS

3.         (1)       No person (other than a registered blind person) in charge of a dog shall, without reasonable excuse, permit the dog to enter or remain in the dog prohibited area.

            (2)       An officer of the Council, or any constable, may require a person in charge of a dog which has entered the dog prohibited area to remove the dog therefrom.

REMOVAL OF CANINE FAECES

4.         Every person (other than a registered blind person) in charge of  a dog which is in any of the canine faeces removal areas who, without reasonable excuse, fails to remove forthwith from any such area any faeces deposited by the dog shall be guilty of an offence.

5.         For the purposes of compliance with Byelaw 4 the following provisions shall apply:

            (a)       it shall be sufficient removal from the canine faeces removal area if the faeces are deposited in a receptacle in any such area which has been provided for that purpose by the Council;

            (b)       without prejudice to the generality of the foregoing it shall not be reasonable excuse that a person in charge of a dog did not have with him any means of removal of the faeces.

REMOVAL OF OFFENDERS

6.         Any person offending against byelaws 3(1) or 4 may be removed from the ground by a constable or by an officer of the Council.

PENALTY

7.         Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding Level 2 on the standard scale.

REVOCATION

8.         The byelaw 8 made by the Parish Council of East Hanningfield on the fourteenth day of July, 1981 and confirmed by the Secretary of State on the fourteenth day of October, 1981 in respect of the Children’s Play Area, Hanna’s Field is hereby revoked.

SCHEDULE 1

The dog prohibited area referred to in Byelaw 1(1) is:

SCHEDULE 2

The canine faeces removal areas referred to in Byelaw 1(2) are:

Given under the Common Seal of the Parish Council of East Hanningfield this first day of December, 1993.

Signed            K. Plumridge

                        Clerk to the Parish Council

DET 6676

The foregoing byelaws are hereby confirmed by the Secretary of State for the Environment and shall come into force on 1 April 1994

Signed by authority of the Secretary of State 11^th. February 1994

J H Cleary

An Assistant Secretary in the Department of the Environment

(For dog byelaws applying to the rest of the parish, residents are referred to the byelaws made by Chelmsford Borough Council).