1Offence

1

Subject to section 3, if a dog defecates at any time upon any place to which this Act applies and a person who is in charge of the dog at that time fails immediately to remove the faeces from the place, that person shall be guilty of an offence unless—

a

the person has a reasonable excuse for failing to do so; or

b

the owner, occupier and other person or authority having control of the place has consented (generally or specifically) to the person failing to do so.

2

A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

3

For the purposes of this section—

a

a person who habitually has possession of a dog 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;

b

placing the faeces in a receptacle which is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the place;

c

throwing, depositing, dropping or otherwise putting the faeces onto any other place to which this Act applies shall not be sufficient removal from the place; and

d

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.

4

In any proceedings for an offence under this section it shall be lawful to convict the accused on the evidence of one witness.