Dogs & Cats Ordinance 2000

ASCENSION REVISED EDITION OF THE LAWS, 2017 ENVIRONMENT AND NATURAL RESOURCES DOGS AND CATS ORDINANCE, 20001 Ordinance A1 of 2000 In force 21 June 2000 No amendments to 1 November 2017 No subsidiary legislation to 1 November 2017 __________________ DOGS AND CATS ORDINANCE, 2000 ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Identification markers to be inserted in dogs and cats 4. Registers of dogs and cats 5. Change of ownership, etc. of dog or cat to be notified 6. Restriction on importation of dogs and cats 7. Restriction on keeping cats 8. Disposal of dogs or cats by persons leaving Ascension 9. Inspection of dogs and cats 10. Seizure of stray dogs and cats 11. Seizure of neglected dogs and cats 12. Dangerous dogs 13. Dogs worrying livestock 14. Regulations AN ORDINANCE to provide for the control of dogs and cats. Short title 1. This Ordinance may be cited as the Dogs and Cats Ordinance, 2000. Interpretation 1 Under section 10 of the Revised Edition of the Laws Ordinance, 1999 this text is authoritative and is the sole authentic edition in respect of the law contained in it as at 1 November 2017. 2 2. In this Ordinance, unless the context otherwise requires— “livestock” means any cattle, horses, asses, mules, sheep, goats, pigs or poultry, and for the purpose of this definition “cattle” means bulls, cows, oxen, heifers or calves and “poultry” means domestic fowls, turkeys, geese or ducks; “owner” in respect of a dog or cat, means— (a) the occupier of the premises where the dog or cat is kept or permitted to live or remain; or (b) in respect of a dog or cat that has no owner, a person who from time to time feeds or provides food for the dog or cat; “public place” includes any street, highway or thoroughfare and any unenclosed land or other place to which the public have access whether on payment or otherwise; “registration officer” means the Administrator or any other officer appointed by the Administrator. Identification markers to be inserted in dogs and cats 3. (1) The owner of every dog above the age of 2 months must produce the dog to the registration officer who must either— (a) implant in the dog; or (b) cause a person appointed by the Administrator to implant in the dog, an identification marker unique to that dog. (2) The owner of every cat above the age of 6 months must produce the cat to the registration officer who must either— (a) implant in the cat; or (b) cause a person appointed by the Administrator to implant in the cat, an identification marker unique to that cat. (3) A person who— (a) fails to produce a dog or cat when required to do so in accordance with subsection (1) or (2); or (b) hinders or obstructs a person placing an identification marker in a dog or cat in accordance with subsection (1) or (2), commits an offence. Penalty: A fine of £100 or imprisonment for 3 months, or both. (4) The costs involved in implanting an identification marker in a dog or cat must be paid by the owner of the dog or cat at the time that the implant is carried out. Registers of dogs and cats 4. (1) The registration officer must keep or cause to be kept a register of all dogs and cats marked in accordance with section 3. (2) The register must specify— (a) the name of the person who is the owner of a dog or cat that has been marked; and (b) details of the identification marker that has been implanted in the dog or cat. 3 (3) A police officer or a Justice of the Peace may at any convenient time inspect any register kept under this section. Change of ownership, etc. of dog or cat to be notified 5. (1) A person— (a) who has had a dog or cat marked; or (b) to whom ownership of a dog or cat has been transferred, must within 14 days after the change of ownership of the dog or cat— (i) notify the registration officer of the change of ownership; and (ii) provide the registration officer with the name and address of the new owner of the dog or cat. (2) A person— (a) who has had a dog or cat marked; or (b) to whom ownership of a dog or cat has been transferred in accordance with subsection (1), must within 14 days after a change in the place where the dog or cat is normally kept— (i) notify the registration officer of the change of place where the dog or cat is normally kept; and (ii) provide the registration officer with the address where the dog or cat will in future normally be kept. (3) A person who fails to comply with subsections (1) or (2) of this section commits an offence. Penalty: A fine of £20. Restriction on importation of dogs and cats 6. (1) It is an offence for a person to import a dog or cat into Ascension except in accordance with a permit previously granted by the Administrator. Penalty: A fine of £200. (2) The Administrator must not grant a permit under subsection (1) unless there has been produced to the Administrator a certificate issued by a qualified veterinary surgeon certifying that— (a) in the case of a female dog or cat - the dog or cat has been spayed or is otherwise incapable of producing progeny; or (b) in the case of a male cat - the cat has been castrated. A person who contravenes this subsection commits an offence. (3) A court that convicts a person of an offence under subsection (1) or (2) must order the person— (a) to have the dog or cat humanely destroyed within such period, not being longer than 7 days, as is specified by the court; or (b) to remove the dog or cat from Ascension at the first opportunity, and to keep the dog or cat in isolation at his or her own expense and to the satisfaction of the Chief of Police until such time as the dog or cat is humanely destroyed or removed. A person who fails to comply with an order under subsection (3) commits an offence. 4 Penalty: A fine of £500. Restriction on keeping cats 7. (1) It is an offence for a person to keep a cat that is over the age of 6 months unless the cat— (a) in the case of a female cat - has been spayed or is otherwise incapable of producing progeny; or (b) in the case of a male cat - has been castrated. Penalty: A fine of £100. (2) A court that convicts a person of an offence under subsection (1) must order the person— (a) to have the cat humanely destroyed; or (b) to have the cat— (i) in the case of a female cat - spayed or otherwise rendered incapable of producing progeny; or (ii) in the case of a male cat - castrated, within such period, not being longer than 14 days, as is specified by the court, and to keep the cat in isolation at the person’s own expense and to the satisfaction of the Chief of Police until the cat is humanely destroyed, spayed or otherwise rendered incapable of producing progeny or castrated. (3) A person who wilfully fails to comply with an order made in accordance with subsection (2) commits an offence. Penalty: A fine of £500. Disposal of dogs or cats by persons leaving Ascension 8. (1) Every person being the owner of a dog or cat who intends to leave Ascension must, not less than 24 hours prior to departure, produce evidence to the satisfaction of the Chief of Police that the person— (a) has made arrangements to take the dog or cat with the person; or (b) has placed the dog or cat in the care of some other person who is able and willing to have charge of it; or (c) has transferred ownership of the dog or cat in accordance with section 5. (2) If such a person fails to produce evidence to the satisfaction of the Chief of Police as aforesaid – (a) the Chief of Police may lay an appropriate complaint before the Magistrates’ Court; (b) the court, if satisfied that no adequate arrangements have been made for the dog or cat in accordance with paragraphs (a), (b) or (c) of subsection (1), may order the dog or cat to be humanely destroyed; and (c) upon the making of such an order the Chief of Police or any person authorised by him o her for the purpose must cause the dog or cat to be humanely destroyed. Inspection of dogs and cats 5 9. (1) A police officer may inspect any dog or cat he or she finds, whether in a public place or on private property, to ascertain whether it is marked in accordance with this Ordinance. (2) A person who obstructs or prevents a police officer from carrying out an inspection in accordance with subsection (1) commits an offence. Penalty: A fine of £100. Seizure of stray dogs and cats 10. (1) A police officer who has reason to believe that a dog or cat found in a public place is a stray animal may seize the dog or cat and detain it until the owner has claimed it and paid all expenses incurred by reason of its detention. (2) If the owner of a dog or cat so seized is known, the Chief of Police or any person authorised by him or her must serve on the owner a notice in writing stating that the dog or cat has been seized and may be humanely destroyed if not claimed within 3 days after the service of the notice. (3) In every other case the Chief of Police must cause to be affixed to a board in front of the police station and to any public notice board in the locality where the dog or cat was seized a notice to the like effect as a notice under subsection (2), with a description of the dog or cat. (4) If any dog or cat so seized has been detained for 3 clear days after the service or affixing of a notice under subsections (2) or (3) and the owner has not claimed the dog or cat and paid all expenses incurred by reason of its detention, the Chief of Police or any person authorised by him or her may cause the dog or cat to be humanely destroyed. Seizure of neglected dogs and cats 11. If it appears to any police officer that any dog or cat found in a public place, not being a stray or unweaned dog or cat, is not properly cared for, the officer may seize the dog or cat and it may thereafter be dealt with as though it had been seized in accordance with section 10. Dangerous dogs 12. (1) On receiving a complaint from any person that a dog is dangerous and not kept under proper control, the Magistrates’ Court may, if it is proved that such dog is dangerous and not kept under proper control, make an order directing that the dog must be kept under proper control by the owner or humanely destroyed. (2) A person who fails to comply with an order under subsection (1) commits an offence. Penalty: A fine of £100 or imprisonment for 2 months, or both. Dogs worrying livestock 6 13. (1) If any dog kills, wounds or worries any livestock, the owner of the dog commits an offence. Penalty: A fine of £50 or, in the case of a second or subsequent conviction in respect of the same dog, a fine of £100. (2) If a dog is proved to have killed, wounded or worried any livestock it may be dealt with under section 12 as a dangerous dog. Regulations 14. The Governor may make regulations prescribing anything necessary or convenient to be prescribed for the purposes of this Ordinance. _________________________