DOGS ACT (preamble—dogsact)

DOGS

CHAPTER 312

DOGS ACT

To make new provisions in respect of dogs, in substitution of the

provisions of the Dogs Ordinance.

(15th November, 1985) *

ACT XXI of 1985 , as amended by Act VIII of 1990 ; and Legal

Notice 424 of 2007 .

The short title of this Act is the Dogs Act.

In this Act, unless the context 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.

(1) No person shall keep a dog of the age of six months or

over without a licence issued in accordance with this Act.

(2) For the purposes of subarticle (1) every person in whose

custody or possession, or in whose house or premises, any such dog

shall be found, shall be deemed to be the person who keeps such

dog, unless the contrary is proved.

(3) The proof that a dog is not over six months old shall lie

upon the person who keeps the dog.

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

guidance shall be exempt from the payment of the prescribed fee.

(1) Licences to keep dogs shall be issued by the

Commissioner of Police and may be obtained on application to the

officer in charge of such licences against payment of the prescribed

fee.

(2)

A separate licence shall be required in respect of each dog.

(3) No person shall be qualified for obtaining a licence under

this Act unless he has completed eighteen years of age and is

capable of taking charge of a dog

Provided that the qualification of eighteen years of age shall

not apply to blind persons.

(1) The Commissioner of Police may forbid a licensee

from 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 of subarticle (1) every person in whose

house such 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 apartments, each part of any

*See Government Notice No. 667 of the 15th November, 1985.

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such house separately let, shall, for the purposes of subarticle (1),

be deemed to be a house.

(4) Nothing in this article contained shall affect any provisions of

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

tenement-houses.

(1) There shall be delivered with every licence issued or

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

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 renewed for periods of twelve months each beginning on

the 1st January of any one year.

(3)

The licence fee shall include the cost of the badge.

(4) A second or subsequent badge may, where necessary, be

issued for the same dog during any year for which a licence is in

force, against payment of the prescribed fee.

(5) The number of each badge shall be entered on the licence

by the issuing officer.

The Commissioner of Police may, upon application,

include in the badge the name and address of the licensee, subject

to the payment of the prescribed fee.

No person shall use for any dog a badge which was issued

or renewed for another dog, and the owner or keeper of any dog

wearing such badge shall be deemed to be the person who has used

that badge contrary to the provisions of this article, unless the

contrary is proved.

(1) Any Police officer may seize and detain any dog for

the purpose of examining the badge worn by the dog.

(2) 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.

(1) Notwithstanding the provisions of any other law, any

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 or the licence relating to such dog

is not produced or the expenses mentioned in subarticle (1) are not

paid within seven days of seizure, the dog shall be destroyed or

otherwise disposed of by the Police.

(3) The payment of expenses as provided in subarticle (1) shall

not exempt the owner or keeper of the dog from any other liability

incurred under this Act.

Any Police officer may also seize and detain a dog which

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 to cause annoyance or danger, and in any such

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case the provisions of article 10 shall apply.

For the purposes of articles 9, 10 and 11 "Police officer"

shall include any person authorised by the Minister responsible for

the Police to perform any of the functions by a Police officer under

the provisions of those articles.

Notwithstanding the provisions of any other law, any

person other than a Police officer, who takes possession of a stray

dog shall

(a) return the dog to its owner or keeper, if known, or

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

the Police officer in charge of that station as to the

place where the dog was found and thereupon the

provisions of article 10 shall apply to such dog.

(1) 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, on conviction, be liable to a fine

(ammenda) of eleven euro and sixty-five cents (11.65) and the

court shall order the Police to destroy the dog at the expense of its

owner or keeper notwithstanding that the dog may have a new

owner or keeper.

(2) For the court to order the destruction of a dog as provided

in subarticle (1), it shall not be necessary for the prosecution to

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

(3) If the person charged as provided in subarticle (1) is for

any reason acquitted of the charge, the court shall, nevertheless, if

satisfied that the dog is dangerous, order its destruction.

(4) A dog which has bitten or assaulted a person shall be

considered to be dangerous, unless the contrary is proved.

Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgment given by the Court of

Magistrates in respect of proceedings arising out of the provisions

of article 14.

(1) Saving the provisions of the Prevention of Disease

Ordinance, and of any other law, whenever any person having a

suspicion that a dog is affected with rabies 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 suspicion about a dog, that officer shall forthwith

communicate the information received by him to the Principal

Veterinary Surgeon or other Government Veterinary Surgeon and

shall act on his advice.

(2) If the Veterinary Surgeon so informed is of the opinion that

there is a valid cause to suspect rabies or any other disease

communicable to man he shall inform forthwith the Superintendent

of Public Health who shall give such directives as may be

necessary to safeguard public health.

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Any person who acts in contravention of or fails to comply

with any provision of this Act shall be guilty of an offence and

shall, on conviction, be liable for each offence, unless a higher

punishment is provided for in any other law, to the punishment of a

fine (ammenda) of eleven euro and sixty-five cents (11.65).

The provisions of article 321 of the Code of Police Laws

shall apply to any offence under this Act or any regulations made

thereunder.

The Minister responsible for the Police may from time to

time make regulations for giving effect to the provisions of this Act

and, without prejudice to 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 collar with the

name and address of the owner or keeper inscribed on

the collar or on a plate or badge attached thereto;

(c) for preventing dogs or 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 fees and expenses for the detention

of dogs and the recovery of such fees and expenses

from the owners or keepers;

(h) for prescribing the book which shall be kept by

licensees of pet shops and dealers in dogs, and the

particulars which shall be recorded in such book in

respect of every dog sold and of the purchaser;

(i) for providing that any person who contravenes or fails

to comply with any regulations made under this Act

shall be guilty of an offence and shall be liable, on

conviction, to punishments not exceeding a fine

(ammenda);

(j) for prescribing anything that may be prescribed; and

(k) generally for any other purpose connected with the

operation of the provisions of this Act.