Part IV Offences, Powers of Constables, etc.

Offences of annoying, offensive, obstructive or dangerous behaviour

48 Dogs: fouling of pavements.

1

Subject to subsection (2) and (3) below, any person in charge of a dog who allows it to deposit its excrement upon—

a

a footpath or footway;

b

a grass verge maintained by a local authority and situated adjacent to a footpath or footway;

c

a pedestrian precinct maintained by a local authority;

d

any place maintained by a local authority and used exclusively as a children’s play area; or

e

any place maintained by a local authority and used for recreational or sporting purposes being a place in relation to which this section applies by virtue of subsection (2) below,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F1level 2 on the standard scale.

2

This section applies in relation to a place, being a place referred to in subsection (1)(e) above, only if a notice stating that this section applies to it and the effect of such application is displayed at the entrance to that place or elsewhere so that it may be seen by members of the public intending to have access to the place.

3

This section shall not apply to a blind person in charge of a dog kept and used solely for his guidance or to a stockperson in charge of a working dog being used for droving livestock.

4

In this section “footpath” and “footway” have the F2same meanings as in the Roads (Scotland) Act 1984.