Animals (Prohibited Dogs) Regulations (2004 Revision) ANIMALS LAW

Animals (Prohibited Dogs) Regulations (2004 Revision) Supplement No. 2 published with Gazette No. 15 of 26th July, 2004. ANIMALS LAW (1999 Revision) ANIMALS (PROHIBITED DOGS) REGULATIONS (2004 Revision) Revised under the authority of the Law Revision Law (1999 Revision). The Animals (Prohibited Dogs) Regulations, 2002 made the 13th August, 2002 consolidated with the Animals (Prohibited Dogs) (Amendment) Regulations, 2003 made the 28th July, 2003. Consolidated and revised this 6th day of July, 2004. Animals (Prohibited Dogs) Regulations (2004 Revision) 2 Animals (Prohibited Dogs) Regulations (2004 Revision) ANIMALS (PROHIBITED DOGS) REGULATIONS (2004 Revision) ARRANGEMENT OF REGULATIONS 1. Citation 2. Types of prohibited dogs 3. Other prohibited dogs 4. Identification of dogs resembling prohibited dogs 5. Registration and possession of prohibited dogs 6. Conditions for registration under regulation 5 7. Identification of registered dogs 8. Possession of prohibited dogs 9. Seizure of prohibited dogs 3 Animals (Prohibited Dogs) Regulations (2004 Revision) 4 Animals (Prohibited Dogs) Regulations (2004 Revision) ANIMALS (PROHIBITED DOGS) REGULATIONS (2004 Revision) 1. These regulations may be cited as the Animals (Prohibited Dogs) Citation Regulations (2004 Revision). 2. For the purposes of section 45 the following types of dogs are prohibited Types of prohibited dogs dogs- (a) Mallanois; (b) Mastiff breeds with the exception of the following breeds- (i) Boston Terrier; (ii) Boxer; (iii) English Bulldog; (iv) English Bull Terrier; (v) Doberman Pinscher; (vi) English Mastiff; (vii) French; (viii) Great Dane; (ix) Miniature Bull Terrier; (x) Newfoundland; (xi) Pug; (xii) St Bernard; (c) Dogo Argentino; (d) Chinese Shar-Pei; (e) Pit Bull Terrier; (f) Rottweiller; (g) Japanese Tosa; (h) Fila Brazileiro; (i) Japanese Akita; (j) American Staffordshire Terrier; (k) American Bulldog; (l) Catahoula Leopard dog; and (m) any dog which is a cross-breed of any of the types of dogs specified in paragraphs (a) to (l). 3. (1) If it appears to the Governor in Cabinet, after being advised by the Other prohibited dogs CAVO that any other kind of dog not specified in regulation 2 presents a serious danger to the public, the Governor in Cabinet may, by notice published in the Gazette, impose in relation to dogs of that type restrictions corresponding, with such modifications, if any, as he thinks appropriate, to all or any of those in regulation 2. 5 Animals (Prohibited Dogs) Regulations (2004 Revision) (2) A notice under this regulation may provide exceptions from any restriction imposed by the notice in such cases and subject to compliance with such conditions as are specified in the notice. Identification of dogs 4. (1) The owner of a dog may request a determination of whether a dog is a resembling prohibited prohibited dog by bringing the dog for an examination by the CAVO and the fee dogs for such an examination is fifty dollars. (2) If the CAVO determines that a dog is not a prohibited dog, the CAVO may cause a mark designated by the CAVO to be tattooed, inserted in the dog as a microchip or otherwise permanently marked upon such dog, and the CAVO shall issue to the owner a certificate as verification and proof that the dog is not a prohibited dog. (3) If the CAVO determines that the dog is a prohibited dog, section 45 shall apply. Registration and 5. (1) The owner of a prohibited dog who has acquired such dog prior to the possession of prohibited 6th May, 2002 may, subject to the approval of the CAVO, register such dog in dogs accordance with these regulations no later than the 9th June, 2003. (2) Such registration shall be effective for one year from the date of issue and may be renewed annually prior to the date of expiration. (3) The annual fee for such registration of renewal is fifty dollars. Conditions for 6. The owner of a prohibited dog may not register such dog unless all the registration under following conditions are met- regulation 5 (a) the owner shall present to the CAVO proof that he is at least sixteen years of age at the date of registration; (b) the dog shall be spayed or neutered prior to registration and the owner shall present to the CAVO proof from a licensed veterinarian of such spaying or neutering; and (c) the owner shall present to the CAVO a current licence issued under section 24. Identification of (7) (1) The CAVO shall, upon registering a prohibited dog in accordance with registered dogs these regulations, take a colour photograph of the dog, which photograph shall clearly show the colour and size of the dog and the CAVO shall cause a registration number to be assigned to the dog. (2) The CAVO shall issue an identification tag containing the registration number assigned to the dog, and such tag shall be worn by the dog at all times. 6 Animals (Prohibited Dogs) Regulations (2004 Revision) (3) The CAVO may also cause a mark designated by him to be tattooed, inserted in the dog as a microchip or otherwise permanently marked upon such dog, and such mark shall be unique to the dog. 8. (1) The owner of a prohibited dog shall securely confine a prohibited dog Possession of prohibited indoors or in a securely enclosed and locked kennel, pen or area designated to dogs house the dog, except when the dog is leashed or muzzled as provided in subregulation (3) or (4). (2) Any structure or area used to confine a prohibited dog shall be locked with a key or combination lock when containing the dog. (3) The owner or keeper of a prohibited dog shall not permit the dog to go outside the owner or keeper’s residence or into any public area, hallway or other common area of any building, or outside a kennel, pen or enclosed area designed to house such dog, unless the dog is securely leashed with a leash no longer that four feet in length; and under such circumstances the owner or keeper shall ensure that a person is in physical control of the leash and that the dog shall not be leashed to any inanimate object such as a tree, post or building. (4) The owner or keeper of a prohibited dog shall place on the dog a muzzle sufficient to prevent the dog from biting other animals or persons whenever the dog is outside the owner or keeper’s residence or is in any public area, hallway or common area of any building or is outside of a kennel, pen or enclosed area designed to house such dog. (5) The owner or keeper of a prohibited dog shall, whenever the dog is transported within a motor vehicle, ensure that- (a) the vehicle is locked; (b) the vehicle has a closed roof; (c) the dog cannot escape through any opening of the vehicle; (d) the vehicle is well ventilated; and (e) the dog is muzzled as provided in subregulation (4). (6) The owner or keeper of a prohibited dog shall notify the CAVO within five days of a prohibited dog dying or being lost or stolen. (7) The owner or keeper of a prohibited dog shall display at the premises at which the dog is kept a sign warning that there is a prohibited dog on the premises, and such sign shall be- (a) at least four inches by six inches in area; (b) rectangular in dimension; (c) of a white background with black letters indicating “Prohibited Dog”; and 7 Animals (Prohibited Dogs) Regulations (2004 Revision) (d) placed in such a position on the premises that any member of the public will be able to see such sign on approaching the premises. Seizure of prohibited 9. (1) When the CAVO has reasonable cause to believe that a dog is a dogs prohibited dog which has not been registered in accordance with these regulations, or that such dog in not confined, leashed or muzzled in accordance with these regulations, the CAVO or an animal welfare officer shall seize such dog and transport it to the Department of Agriculture where it shall be impounded. (2) The CAVO shall cause to be issued to the person who had possession of the dog at the time of seizure and to the owner of the dog (if different) a notice of violation containing- (a) a notice that the dog was seized; (b) the provisions of these regulations which have been violated; (c) a notice that the owner shall send written reasons for such violations to the CAVO; and (d) a statement that if reasons are not sent in accordance with paragraph (c) within seven days of the date of the notice and that where the CAVO has reason to believe that it would be in the public interests to destroy the dog, that the CAVO may order that such dog be humanely destroyed. (3) If the CAVO cannot with due diligence locate the owner of a dog that has been seized pursuant to this paragraph, the CAVO shall cause the dog to be impounded for no fewer that three days; and if, after three days, no person appears to claim ownership of the dog, the CAVO may cause the dog to be destroyed humanely. (4) If during the time the dog is impounded the owner claims it, the CAVO shall cause the owner to be served with a notice as provided under subregulation (2). (5) If an owner contests the CAVO’s allegation that the dog is a prohibited dog, the CAVO shall provide evidence that the dog is prohibited dog. (6) Where an owner is found by the CAVO to be in violation of these regulations the CAVO shall report the matter to the Legal Department for prosecution, and that owner shall be liable, on summary conviction, to a fine of four thousand dollars. 8 Animals (Prohibited Dogs) Regulations (2004 Revision) Publication in consolidated and revised form authorised by the Governor in Cabinet this 6th day of July, 2004. Carmena Watler Clerk of Cabinet 9 Animals (Prohibited Dogs) Regulations (2004 Revision) 10 Animals (Prohibited Dogs) Regulations (2004 Revision) 11 Animals (Prohibited Dogs) Regulations (2004 Revision) Price $ 2.40 12