XXI tal-1985 (un)

I assent.

(L.s.)

A OATIIA B Alt8AM

President

15th November. 1985

ACT No, XXI of 1985

A N A CT IQ make new provision in respect of dogs, in substitution of the

provisions of the Dogs Ordinonce.

BE IT ENACTED by the President, by and with !he advice and

consent of the House of Representatives. in this present Parliament

assembled, and by tbe authority of the same. as follows : _

This Act may be cited as the Dogs Act. 1985.

In this Act. unless the conte~t otherwise requires -

"keeper" includes any person having the charge of or who

habitually feeds or looks after a dog;

"prescribed fee" means the fee prescribed under the Police

Licences Regulations, 1949.

(I) No person shall keep a dog of the age of si~ months or

ovef wi thout a licence issued in accordance with this Act.

(2) For the purposes of subsection Ol of this section evay

person in whose custody or possession. or in whose house or premises,

any such doa: shall be found. shall be deemed to be the person who keeps

such dog. unless the con trary is proved.

(3) The proof that a dog is not over six montbs old sballlie

upon the person who keeps the dog.

(4) A blind person who keeps a dog which is used fOf

bis guidance shall be exempt from tbe payment of the prescri bed fee.

(I) Licences to keep dogs sball be issued by the Commissioner

of Police and may be obtained on application to the officer in charge of

su<::h licences against payment of the prescribed fee,

(2) A separate licence shall be req uired in respect of each

dog.

No person ~haU be qualified for obtaining a licence under

(3)

tbi~ Act unless he has completed eighteen years of age and is capable of

taking charge of a dog

Provided tbat the qualification of eighteen years of age shall

not apply 10 blind persons.

The Commissioner of Police may forbid a licensee from Raoqictioot

S.

(!)

keeping more than one dog in any house which is situated in an inhabited

area within the meaning of the Code of Police Laws.

(2) For the purposes nf subsectinn (I) ot this section every

person in whose house sucb dogs are found, shall be deemed to be the

person who keeps such dogs. unless the contrary Is proved.

(3) In the case of houses let by apal'tlllents, each pan of any

such house separately let. shall. for the purposes of sub5e<:tion (1) of this

section. be deemed to be a house.

(4) Nothina: in this section contained shall affecl any provi-

sions of the Code of Police Laws relating to the keeping of dogs in

commOll tenement-houses.

(J) Tbere shall be delivered with every licence issued or

renewed under this Act a metal badge to be worn by the dog 10 which

the licence refers.

(2) Every badge shall bear a number and the year of issue

thereof. shall be valid for the year during which it is issued, and may be

rcnewed for periods of twelve months each beginning on the 1st January

of anyone year.

The licence fee shall include the cost of the badge.

(3)

A second or subsequent badge may, where ne<:essary, be

(4)

issued for the same dog during any year for which a licence ill in force,

against payment of the prescribed fee.

(S! The numbel: of each badge shall be entcrod on the licence

by the issuing officer.

The Commissioner of Police may, upon applicatiOll, include fUme _

in the badge the name and address of the licensee, subject to the payment .~ OD boodtc.

of the prescribed fee.

u.. of ........

No person shall use for any dog a badge which was iEsued or

renewed for another dog. and the owner or keeper of any dog wearing

such badge shall be deemed 10 be the person who has used that badge

contrnry to the provisi on of this section. unless the contrary is proved.

(l) Any police officer may seize and detain any dog for the

Productiom of

~

purpose of examining the badge worn by the dog.

U) Any police officer may require the owner or keeper of a

dog to produce and deliver to him within seven days, for examination. the

licence relating to the dog.

Notwithstanding the provisions of any other Jaw, any

(i)

~ ()( <los. police officer may seize any stray dog and detain

it until its owner or

keeper claims it. produces the licence relating to such dog. and pays all

expenses incurred by reason of its detention.

(2) If the dog is not claimed Of the licence relating \0 such

dog is not produced or the expcur.e!; mentioned in subsection (I) of this

section are Dot paid within seven days of seizure, the dog shall be

destroyed or otherwise disposed of by tbe Police.

(3) The parmeo! of CJipenses as provided in subsection (\) of

this section shall not exempt the owner or keeper of the dog from any

other liability incurred under Ihis Act.

Any police officer may also seize and detain a dog whi<:h

assaults any person, or any horse or other animal while being ridden or

driven in a vehicle, or runs foul of any vehicle in motion in such manner

as 10 cause annoyance or danger, and in any such case the provisions of

section 10 of this Act shall apply.

For the purposes of seclions 9, 10 and I I of this Act "police

officer~ shall include any

person authorised by the Minister responsible

for the police to perform any of the functions by a police offJCeT undcr

the provisions of those sections.

Notwithstanding the provisions of any other law, any person

other than a police officer, who takes possessIon of a stray dog shall

return the dog to ils owner or keeper, if known, or

(a)

(b) take the dog to the nearest police station and infofDl the

police officer in charge of that station as ( 0 the place where the dog

was fouud and thereupon the provisions of section 10 of this ACI

shall apply to such dog.

~ <lop.

(\) Where any owner or keeper of a dog which is dangerous

to persons, fails to keep the dog under control, he shall be

guilty of an offence and shall nn conviction be liable 10 a line

(amrm!l1da) of five Maltese liri and the Court shall order the Police 10

destroy the dog at the e~pense of its owner or keeper notwithstanding

thal the dog may have a new owner or keeper.

(2) For the Conn to order the destruclion of a dog as provided

in subsection (1) of this section. it shaH not be nettssary for the prosecu·

tion to prove that the owner or keeper knew that the dog was dangerous.

(3) If the person charged as provided in subsection (I }of this

section is for any reason acquitted of the charge, the Coun shall, never-

theless, if satisfied that the dog is dangerous. order its destruction.

(4) A dog which has bitten Of assaulted a person shall he

considered 10 he dangerous. unless the contrary is proved.

Notwithstanding the provisions of the Criminal Code, the

At10mey a..-.L AUomey General shall always have a right of appeal to the Coun of

Criminal Appeal from any judgment given by the Court of Magistrates

of ludicial Police in respect of proceedings arising out of the provisions

of section 14 of this Act.

Ill. (I) Saving the provisions of the Prevention of Dise ase Ordin. SoI.k;"" CJl

ance. and of any other law. whenever any person having a sll5picion that rabi", I.Dd oth ..

a dog is affected with rabie!! or with any other disease communicable to """""""

man informs any police officer of his suspicion and of the whereabouts

of the dog, or any police officer has such a ~uspicion about a dog. tbat Co". 59

oUicer shall forthwith oontmunicalc the information rece ived by him to

the Principal Veterinary SurgCQn or other Government Veterinary Sur-

geon and shall act on his advice.

(2) It the Veterinary Surgeon so informed is of the opinion

that there is a valid cause to suspect rabie!! or any other d isease commu-

nicable to man he shall infonn forthwith the Superi ntendent of Public

Health who shall give such directi,'cs as may be necessary to safeguard

public healtb.

Any person who acts in contravention of or fai ls to comply

with any provision of this Act shall be gui lty of an offence and sh all on

conviction be li able for each offence. unles,<; a bigher punishment is

provided for in any other law. to tbe punishment of a fine (ammenda) of

five Mahese liri.

The provisions of section 316 of the Code of Police Laws shall AppIicati"" <of

appl y to any offence under this Act or any regulations made thereunder. """lion 316 of

The Minister responsible for the police may from lime to time

make regulations for giving effect to !he provisions of this Act and, with-

out prejudice 10 the generality of the foregoing. may make regulations _

(a) for prescribing the muzzling and keeping of dogs under

control;

(b) for prescribing and regulating the wearing by dogs, while

in certain public places. of a coUar with the name and addres.s of the

owner or keeper inscri bed on the collar or on a pla te or badge

attached thereto

(c) for preventing dogs nr any class of dogs from straying

during all or any of the hours between sunset and sunrise;

(d) for regulating and controlling the keeping of dogs in any

particular circumstances

(e) for preventing the soiling by dogs of pavements and streets;

(f) for prescribing and regulating the seizure. detention and

disposal. including destruction. of stray dogs and of dogs not

muzzled or not being kept under control;

(g) for prescribing the [ees and e~peru;es for the detention of

dogs nnd the recovery of such fees nnd C~PCll3Cs from the owners

or keepers

(b) for prescribing the book which sball be kepI by licensees

of pet shops and dea lers in dogs. and the particnlars whicb shall

be recorded in such book in respect of every dog sold and of the

purchaser;

(i) for providing that any person who contra venes or fails

10 comply with any regulations made under this Act shall be guilty

of an offence and shall be liable on C()nviction to punishments not

exceeding a fine (am~"da).

for pw;cribing anything that may be prescribed; and

(j)

(k) generally for any other purpose connected with the opera-

tion of the provisions or this Act.

(l) The Dogs Ordinance is hereby repealed without prejudice

to anything done or omitted to be done thereunder, and. in particular,

10 any proceedings taken or that may be taken thereunder in respect of

any liability, penalty or punishment incurred thereunder,

(2) Any licence gronted under the said Ordinance llnd any

badge issued or permitted in respect of that licence, which are valid OIl

the coming into force of this Act shall continue to be valid for any un·

e:\pired period and shall for that period be deemed to have been granted.

issued and pennittcd under this Act and treated accordingly.

Passed by the House of Representatives at Sitting No. 294 of tbe 13th November,

1985. c. ......

Cff!rk to the Housf! of Represellt4tilJe~

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