No. 13/1992:

CONTROL OF DOGS (AMENDMENT) ACT, 1992

ARRANGEMENT OF SECTIONS

Section

1. "Principal Act".

2. General dog licences.

3. Amendment of section 7 of Principal Act.

4. Amendment of section 8 of Principal Act.

5. Amendment of section 11 of Principal Act.

6. Amendment of section 15 of Principal Act.

7. Amendment of section 16 of Principal Act.

8. Regulation of premises and dogs.

9. Offences and penalties.

10. Amendment of section 28 of Principal Act.

11. Repeals.

12. Short title, collective citation, construction and commencement.

ACTS REFERRED TO

Number 13 of 1992

No. 13/1992: CONTROL OF DOGS (AMENDMENT) ACT, 1992

AN ACT TO AMEND THE CONTROL OF DOGS ACT, 1986 .

[11th July, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act "the Principal Act" means the Control of Dogs Act, 1986 .

2.—(1) Section 1 of the Principal Act is hereby amended by the substitution of the following definition for the definition of "general dog licence":

"'general dog licence' means a licence entitling a person to keep an unspecified number of dogs at a premises specified in the licence, one premises only being so specified;".

(2) Subsection (1) of section 2 of the Principal Act is hereby amended by—

( a ) the substitution of the following subparagraph for subparagraph (ii) of paragraph (a):

"(ii) a general dog licence relating to the premises where the dog is kept, or",

( b ) the substitution of the following paragraph for paragraph (b):

"( b ) take possession, unless he is the holder of a general dog licence relating to the premises where the dog is intended to be kept, of a dog, pursuant to a change of ownership, before the issue of a dog licence in respect of that dog, or",

and

( c ) the insertion in paragraph (c) after "general dog licence" of "relating to the premises where the dog is intended to be kept".

(3) Section 3 of the Principal Act is hereby amended by the substitution in subsection (2) of "such person at the premises specified in the licence" for "such person".

(4) The amendments effected by this section shall not, during the currency of a general dog licence held by a person immediately before the commencement of this section, have effect in relation to the person.

3.—Section 7 of the Principal Act is hereby amended by the substitution for "the period of twelve months from the date of its issue" of ", at the option of the person to whom it is issued, for the period of twelve months from the date of its issue or for any longer period standing prescribed for the time being".

4.—Section 8 of the Principal Act is hereby amended by—

( a ) the substitution in paragraph (a) of subsection (1) of "£10 for each year of the period of validity of the licence" for "£5",

( b ) the substitution in paragraph (b) of subsection (1) of "£200 for each year of the period of validity of the licence" for "£100% and

( c ) the substitution of the following subsection for subsection (2):

"(2) The Minister may, by regulations, vary the rates specified in subsection (1) of this section and such a variation may include a specification of different rates in respect of different classes of dogs, the classifications being determined in such manner or by reference to such matters as may be specified in the regulations.".

5.—Section 11 of the Principal Act is hereby amended by the substitution in subsection (5) of the following paragraph for paragraph (b):

"( b ) makes a declaration in the prescribed form stating that, either (as the case may be), he is such owner or has been so authorised to claim the dog and produces, for inspection by the local authority or the Superintendent of the Garda Síochána, a dog licence relating to the dog or a general dog licence issued either before or after the commencement of section 2 of the Control of Dogs (Amendment) Act, 1992 , and (if issued after such commencement) relating to the premises where the dog is kept, and".

6.—Section 15 of the Principal Act is hereby amended by the deletion in subsections (2) and (3) of ", with the consent of the Minister,".

7.—Section 16 of the Principal Act is hereby amended by—

( a ) the substitution in paragraph (d) of subsection (1) of the following subparagraph for subparagraph (ii):

"(ii) where he has reasonable grounds for believing that a guard dog is, or more than 5 dogs that are aged over 4 months are, kept,", and

( b ) the insertion of the following subsection after subsection (4):

"(5) ( a ) Where a dog has been seized under subsection (1) (b) of this section and the dog warden who seized it is satisfied that an offence under this Act has been committed in relation to the dog, the dog may either be detained until the District Court has made an order in relation to it or be destroyed unless—

(i) within 5 days of such seizure, the owner of the dog or some other person undertakes in writing to pay to the local authority in whose functional area the dog was seized, in such manner, at such time or times, and by means of such number of payments as may be specified in the undertaking, the reasonable cost of keeping the dog, and

(ii) the terms of the undertaking are complied with by the owner or other person, as the case may be.

( b ) An amount due and unpaid by a person pursuant to an undertaking under paragraph (a) of this subsection may be recovered from the person by the local authority concerned as a simple contract debt in any court of competent jurisdiction.".

8.—(1) The Principal Act is hereby amended by the substitution of the following section for section 19:

"19.—(1) The Minister may, by regulations, specify standards for premises at which a guard dog is, or more than 5 dogs aged over 4 months are, kept, and make provision for the use and control of dogs.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may—

( a ) prohibit the keeping of a guard dog or more than 5 dogs aged over 4 months at any premises unless the premises are registered under regulations under paragraph (b) of this subsection;

( b ) make provision, in relation to premises at which a guard dog is, or more than 5 dogs aged over 4 months are, kept for—

(i) the registration of the premises by the local authority in whose functional area the premises are situated and for the form of the register to be established and maintained by the local authority for that purpose;

(ii) the requirements to be complied with to enable any such premises to be registered;

(iii) the circumstances in which registration of any such premises may be refused or cancelled;

(iv) the construction and operation of kennels in any such premises;

(v) the keeping of records by the owner or occupier of such premises and the inspection of such records;

( c ) make provision for the regulation of the use of guard dogs at or in the immediate vicinity of premises used wholly or mainly for the purposes of any business, profession or occupation;

( d ) make provision for the muzzling of dogs or of specified classes of dogs either generally or in specified circumstances;

( e ) make provision for the control of dogs or of specified classes of dogs, including different provision for different classes of dogs;

( f ) make provision for the prohibition of the presence of specified classes of dogs in public places or specified public places;

( g ) make provision for the prohibition of the ownership, keeping, purchase, disposal (whether by sale or otherwise), abandonment, allowing to stray, breeding or importation of specified classes of dogs, being dogs that, in the opinion of the Minister, have such characteristics as to cause them to be a danger to the public;

( h ) require the destruction or sterilisation in a humane manner of dogs to which regulations under paragraph (g) of this subsection relate and which are in the State;

(i) make provision for the effecting by owners of dogs or of specified classes of dogs of contracts of insurance against injury or damage caused by the dogs to persons or property;

( j ) make provision for the identification of dogs or of specified classes of dogs and of their ownership by the wearing by the dogs concerned of collars or harnesses having the name and address of their owners inscribed thereon or on a plate, badge or disc attached thereto;

( k ) make provision for other means of identification of dogs or of specified classes of dogs and of their ownership;

( l ) require that a dog shall carry a means of licence identification whether by means of a disc, badge or plate attached to its collar or harness or by other means;

( m ) make provision for the exemption from all or any of the provisions of the regulations of an inspector (within the meaning of the Diseases of Animals Act, 1966 ) or other officer of the Minister for Agriculture and Food, or an officer of a local authority in relation to the possession of a dog for the purposes of that Act and of a dog when in such possession;

( n ) make provision for the exemption from all or any of the provisions of the regulations of specified classes of persons in relation to the possession or use of dogs or of specified classes of dogs either generally or in specified circumstances and of dogs or of specified classes of dogs when in such possession or being so used;

( o ) provide for the classification of persons or dogs for the purpose of the regulations in such manner and by reference to such matters as may be specified in the regulations.".

(2) Regulations under section 19 of the Control of Dogs Act, 1986 , in force immediately before the commencement of this section, shall continue in force after such commencement as if made under the said section 19, as inserted by this section, and may be amended or revoked accordingly.

9.—The Principal Act is hereby amended by the substitution of the following section for section 27:

"27.— (1) A person who—

( a ) keeps or takes or transfers possession of a dog contrary to section 2 of this Act, or

( b ) fails to comply with the provisions of section 9 (1) or 10 or subsection (1) or (2) of section 13 of this Act, or

( c ) fails to produce a licence when requested so to do under section 16 of this Act, or

( d ) is in breach of any bye-law under section 17 of this Act, or

( e ) keeps a dog when he is disqualified for holding a licence under section 18 of this Act, or

( f ) is in breach of any regulation under section 19 of this Act, or

( g ) permits the carcase of any livestock to remain unburied contrary to section 24 of this Act,

shall be guilty of an offence.

(2) A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 3 months or to both.".

10.—Section 28 of the Principal Act is hereby amended by—

( a ) the substitution in subsection (1) of "paragraph (a), (b) or (c) of section 27 (1) of this Act or any offence under paragraph (f) of the said section 27 (1) that may be prescribed " for "section 27 (1), 27 (2) (a), 27 (4) (a), 27 (4) (b) or 27 (4) (c) of this Act", and

( b ) the substitution in subsection (3) of "paragraph (a), (b) or (c) of section 27 (1) of this Act or an offence under paragraph (f) of the said section 27 (1) prescribed under subsection (1) of this section" for "under section 27 (1), 27 (2) (a), 27 (4) (a), 27 (4) (b) or 27 (4) (c) of this Act".

11.—The following provisions of the Principal Act are hereby repealed:

( a ) subsection (3) of section 9,

( b ) in subsection (3) of section 16, the words from "and shall be liable" to the end of the subsection, and

( c ) in subsection (3) of section 18, the words from "and shall be liable" to the end of the subsection.

12.—(1) This Act may be cited as the Control of Dogs (Amendment) Act, 1992 .

(2) The Principal Act and this Act may be cited together as the Control of Dogs Acts, 1986 and 1992, and shall be construed together as one.

(3) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.