PSPO - Crompton Moor | Oldham Council

Public Spaces Protection Order (PSPO) reference no: N/A
Location(s): Crompton Moor
Public Spaces Protection Order: ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

OLDHAM COUNCIL

CROMPTON MOOR, CROMPTON

PUBLIC SPACES PROTECTION ORDER 2024

Oldham Council (“the Council”) in exercise of its power under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act’’) and of all other enabling powers hereby makes the following Order:-

1. This Order applies to the public place known as Crompton Moor, Crompton shown edged in red on the plan annexed to this Order (“the Restricted Area”).

2. The Council is satisfied that the conditions set out in Section 59 of the Act have been satisfied and that it is in all the circumstances expedient to make this Order for the purposes of combatting, within the Restricted Area, crime and anti-social behaviour which has had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of this is of a persistent or continuing nature such as to make this unreasonable and justifies the restrictions imposed by this Order.

3. A person who brings to, or is in control of, more than three dogs in the Restricted Area on any single occasion, shall be guilty of an offence.

4. If a dog defecates at any time in the Restricted Area and a person who is in charge of the dog at the time fails to remove the faeces from the Restricted Area forthwith, that person shall be guilty of an offence.

5. A person shall be guilty of an offence if they deposit waste or leave any other article in the Restricted Area, in any place, other than waste bins or receptacles designated for the disposal of waste items.

6. A person shall be guilty of an offence if they do not comply with an instruction given by a Police Officer or other authorised person, not to consume alcohol or to surrender alcohol or a container for alcohol, within the Restricted Area. For the purposes of this Article, “authorised person” means a person authorised by the Council for the purposes of section 63 of the Act (consumption of alcohol in breach of prohibition in order) or authorised by virtue of section 69(1) of the Act (powers of community support officers).

7. A person shall be guilty of an offence if they camp within the Restricted Area without the express consent of the Council.

8. A person shall be guilty of an offence if they have in their possession an air propelled weapon in the Restricted Area.

9. A person shall be guilty of an offence if they hunt any animal or bird within the Restricted Area.

10. A person shall be guilty of an offence if they light a fire within the Restricted Area.

11. A person shall be guilty of an offence if they drive or bring any mechanically propelled vehicle into the Restricted Area, without the express consent of the Council, save for motorised wheelchairs, mobility scooters or any other device designed to assist an individual with a disability.

12. A person shall be guilty of an offence if they cause damage to any tree, shrub or woodland within the Restricted Area.

13. A person shall be guilty of an offence if they have in their possession any nitrous oxide container or any other psychoactive substance within the Restricted Area.

14. A person shall be guilty of an offence if, without the prior written consent of the Council, they are in possession of, or light, a barbecue in the Restricted Area.

15. A person shall be guilty of an offence if, without the prior written consent of the Council, they are in possession of, or light a firework in the Restricted Area. For the purposes of this Article, “firework” means a firework as defined in section 1 of the Fireworks Act 2003.

16. A person shall be guilty of an offence if, without the prior written consent of the Council, they light a Chinese lantern or other open flame heat source lantern in the Restricted Area.

17. The restrictions in Articles 3 to 16 to this Order shall not apply to any police, ambulance or fire service personnel acting in pursuance of statutory powers or duties.

18. For the purposes of Articles 3 and 4:

a) A person who habitually has a dog in his possession shall be taken to be in charge of the dog unless at that time some other person is in charge of the dog;

b) Placing the faeces in a receptacle in the Restricted Area which is provided for that purpose or for the disposal of waste, shall be sufficient removal from the Restricted Area;

c) 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.

19. Any person who, without reasonable excuse, fails to comply with the requirements of Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16 of this Order commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

20. This Order shall come into force on 22 April 2024 for a period of three years.

THE COMMON SEAL of )
OLDHAM BOROUGH )
COUNCIL was hereunto )
affixed on 11 April 2024 )
in the presence of: - )
Additional information: For a copy of the sealed Public Spaces Protection Order please email css.admin@oldham.gov.uk