4.—(1) Subject to paragraph (4), if any person, being a person in charge of a dog, permits the dog to deposit its excrement in any place prescribed by regulations he shall, subject to paragraph (2), be guilty of an offence.
(2) It shall be a defence for a person charged with an offence under paragraph (1) to prove that—
(a)he took all reasonable precautions and exercised due diligence to avoid the commission of the offence; or
(b)he made a reasonable attempt to remove the excrement.
(3) A person who is guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4) Paragraph (1) shall not apply to a blind person in charge of a dog kept and used wholly or mainly for his guidance or to a stock person in charge of a working dog being used for droving livestock.
(5) In paragraph (4) “livestock” has the same meaning as in Article 2(2) of the Dogs (Northern Ireland) Order 1983(1).