KEEPING OF DOGS REGULATIONS

SUBSIDIARY LEGISLATION 439.21

KEEPING OF DOGS REGULATIONS

5th October, 2018

LEGAL NOTICE 318 of 2018, as amended by Legal Notice 98 of 2023.

The title of these regulations is the Keeping of Dogs

Regulations.

(Regulation 4)

Dog Enclosure Specifications

Enclosure general

1. No dog may be restricted at any time as to cause it unnecessary

suffering or injury. Every animal must be given the space

appropriate to its physiological and ethological needs as in

accordance with established experience and scientific

knowledge.

2. The minimum space per dog must never be less than the

following

Each enclosure shall be provided with a sleeping area and an

exercise area of not less than the following

Withers height of

Minimum floor area

Minimum length of

dog

shortest side

<30cm

(1+N) x 2sq.m.

1.5m

30-50cm

(1+N) x 2.4sq.m.

1.8m

>50cm

(1+N) x 3sq.m.

1.8m

Provided that the minimum space for dogs in the table as

stipulated in this item, shall not apply to sanctuaries, pet shops and,

or boarding establishments for cats and dogs.

N is referring to the number of dogs in same enclosure which

shall not be more than ten (10) dogs.

3. Materials to be used for the construction of accommodation,

especially which does come in direct contact, must not be

harmful to the animals and must be capable of being

thoroughly cleaned and disinfected.

4. Floors the dogs are kept must be designed, constructed and

maintained as not to cause injury or suffering to the dogs.

5. Air circulation, dust levels, temperature, relative air humidity

and gas concentrations must be kept within limits which are

not harmful to the animals.

6. Dogs must not be kept either in permanent darkness or without

an appropriate period of rest from artificial lighting. Where the

natural light is insufficient to meet the physiological and

ethological needs of the dogs, appropriate artificial lighting

must be provided.

7. In buildings were dogs are being kept noise levels as loud as

85dBA must be avoided.

(1)

In

these

regulations

unless

the

context

otherwise requires

"Act" shall mean the Animal Welfare Act;

"collar" means any collar which is specifically designed to be

used around a dog's neck and which does not in any way endanger the

dog's health and well-being;

"Director" means the Director for Animal Welfare;

"dog" means an animal species which belongs to the species

Canis Lupus Familiaris;

"tether" means to restrain an animal by tying it to any

stationary object or structure, by any means, including but not limited

to, a chain, rope, cord, leash, pulley or cable run, but shall not include

the use of a leash when walking a dog in a public place.

(2) Unless the context otherwise requires, words and

phrases used in these regulations which are not defined herein shall

have the same meaning as assigned to them in the Act.

(1)

No person shall tether, fasten, chain or restrain

a dog, or cause a dog to be tethered, fastened, or chained, tied to any

stationary object as permanent means of housing of a dog or as a

primary method of confinement of the dog

Provided that the ban on tethering or restraining a dog

shall not apply during veterinary procedures and during transport of

dogs.

(2) Notwithstanding the provisions of sub-regulation (1),

any veterinary surgeon and animal welfare officer may, during an

inspection, instruct the owner or keeper of a dog to temporarily tether

or restrain an aggressive dog which may pose danger to the public,

animals, or cause damage to property.

(3) Collars can only be used in accordance with the

provisions of these regulations, provided that the collar used, is an

adequate collar.

Confinement shall only be permissible

(a)

in an adequate enclosure in line with the

Schedule within a secure fencing;

(b)

on solid and impermeable flooring;

(c)

in good hygienic conditions; and

(d)

without tethering or restraint

Provided that in the event of the existence of any condition or

situation which is such that may pose a danger to the health and

safety of the dog, humans or other animals, other means of

confinement, including tethering shall be permitted for a limited

amount of time.

(1)

It shall be unlawful for any person to allow a

dog

(a)

to roam freely in public roads; and

(b)

to induce harm to humans or other animals.

(2) Nothing in these regulations shall be construed to

prohibit or prevent a person from

(a)

walking a dog which is restrained by an

adequate collar while on a suitable leash held by the person

walking it;

(b)

having a dog beside the person on a sidewalk or

in any other open space while restrained by an adequate collar

and leash

Provided that the person in charge of the dog is at all

times sitting or standing next to the dog which is so restrained.

Provided further that the ban on tethering or restraining

a dog shall not apply to guide dogs, dogs that are specifically trained

to carry out particular tasks, or any other dog during veterinary visits

or procedures and during training of dogs in designated training

facilities or sites including but not limited to military basis and police

depots subject to the restraint being limited to the reasonable amount

of time required for completion of the temporary task.

(1)

Transportation of dogs in any vehicle shall

ensure proper protective and safety measures so that, if a dog cannot

sit inside the vehicle properly and safely, it is only to be carried in the

back of a vehicle which

(a)

has adequate flooring for the dog to sit, stand

or lie down comfortably;

(b)

prevents the dog from leaping or falling off the

vehicle's side,

such measures shall apply throughout the duration of the voyage.

(2) No form of suffering shall be allowed to be inflicted on

any dog including using inadequate collars or the restraint of the dog in

or about an enclosure.

The provisions of these regulations shall in no way limit,

substitute or exclude the applicability and enforceability of any other

laws or regulations in force including provisions of the Act and

subsidiary legislation thereto.

(1)

Any person who contravenes these regulations

shall, on conviction, be guilty of an offence and shall be liable to the

penalties established in the Act.

(2) Where the Director has reasonable cause to believe that

an offence against these regulations has been committed and that it

would be appropriate to impose an administrative penalty in

accordance with article 47 of the Act, the Director shall proceed in

accordance with the provisions of the said article.

KEEPING OF DOGS