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Civic Government (Scotland) Act 1982, Section 48 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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].
Textual Amendments
F1Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F2Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 87(3)
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