Proclamation of Specified Sections of the Dog Control Act, 2013

SECTION PROCLAIMED

PURPOSE OF THE SECTION

1

Provides the title of the law.

2

Provides that the law shall come into operation on a date specified by the President.

3

Provides that the law shall have effect even though it may be inconsistent with certain rights in the Constitution.

4

Provides for the definition of certain terms used in the Act.

5

Provides that no dog is allowed to enter a public space where a notice is displayed prohibiting entry to dogs unless the dog is an assistance dog, the dog is being used to secure the location or the dog is being used by a person in the service of the State.

5A

Provides that every person who owns or keeps a dog shall provide it with adequate and appropriate care, food, water, shelter, exercise, attention and veterinary care as may be required to meet the needs of the dog.

8

Provides that the owner or keeper of a class A dog who is unable to fulfill the requirements of the Act may inform the Ministry of Local Government of such and the Ministry of Local Government will take possession of the dog.

14

Provides that class A dogs shall be kept in the enclosed premises of its owner or keeper and that class A dogs cannot be kept in premises, either indoors or outdoors, that accommodate more than one household.

15

Creates an offence for any owner or keeper of a class A dog to abandon that dog.  A person who abandons their dog is liable to a fine of fifty thousand dollars and to imprisonment for two (2) years.

17

Provides that the owner or keeper of a class A dog can be found liable in civil proceedings for any death, injury or damage caused by that dog.

18

Provides that a person who owns a class A dog must display a notice in a prominent place on his property warning of a dangerous dog.  It also provides that the owner or keeper of any other type of dog which has been dangerously out of control on at least one occasion must also display a notice in a prominent place warning of a dangerous dog.

19

Provides that the owner or keeper of a class A dog is liable to a fine of one hundred thousand dollars and to five years imprisonment if their dog unreasonably injures someone.  It also provides that the owner or keeper of a class A dog is liable to a fine of two hundred thousand dollars and to ten years imprisonment if their dog unreasonably kills someone.

20

Provides that it shall be a criminal offence for a person to incite their dog to cause grievous bodily harm or death to another person.

21

Empowers the Court to make orders to deal with dogs that fall under the Act.

22

Empowers a police constable or officer of the local authority to seize and impound a class A dog which is in a public place in breach of section 5 or is on any premises without the consent of the owner or occupier of those premises.

23

Empowers a Magistrate to issue a warrant to enter and search premises under certain circumstances concerning the Act.

24

Provides for veterinary surgeons acting in their professional capacity to be exempt from holding a license for a class A dog.  It also provides that the owner of an establishment for the reception of stray animals is not required to hold a license under the Act.  However, in both cases the class A dog must be adequately secured to prevent the escape of the dog.

25

Empowers the local authority to issue notices to owners of keepers of class A dogs for non-compliance with the provisions of the Act.  Where these notices are not complied with the local authority is empowered to put down the class A dog.

26

Makes it easier for the victim of a dog bite (caused by any type of dog) to sue the owner or keeper of the dog for compensation.

26A

Empowers the Minister to declare any other type of dog to be subject to the same restrictions as a Class A dog.

28

Empowers the Minister to make regulations pursuant to the Act.

30

Repeals the Dangerous Dogs Act, 2000.

Schedule

Specifies the following six breeds of dogs as dangerous (or class A) breeds: the American Pit Bull Terrier, the American Staffordshire Terrier, the American Bully, the Dogo Argentino, the Japanese Tosa and the Fila Brasileiro.

SECTION NOT PROCLAIMED

PURPOSE OF THE SECTION

6

Provides requirements for the registration of class A dogs.

7

Provides requirements for the licensing of class A dogs.

9

Creates an obligation to secure premises to a degree to be determined in the Regulations.

10

Creates an offense for a person to keep an unlicensed class A dog.

11

Creates an obligation on the owner or keeper of a class A dog to obtain a policy of insurance of not less than $250,000.00.

12

Creates obligations on the owner or keeper of a class A dog with regards to the cancellation or lapse of a policy of insurance.

13

Provides requirements for the joinder of an insurer as a co-defendant in civil proceedings.

16

Creates an obligation on the owner or keeper of a class A dog to have the dog trained by a certified dog trainer.

25A

Provides for a body corporate to be held liable to a fine of two hundred thousand dollars for offences under the Act.

27

States that a person who keeps more than five class A dogs is to be deemed as operating a kennel and shall be subject to Regulations pertaining to kennels.

29

Repeals sections 15, 16 and 17 of the Dogs Act.