S.I. No. 255/1988:

CONTROL OF DOGS ACT, 1986 (GUARD DOGS) REGULATIONS, 1988.

CONTROL OF DOGS ACT, 1986 (GUARD DOGS) REGULATIONS, 1988.

The Minister for the Environment, in exercise of the powers conferred on him by sections 19 and 31 of the Control of Dogs Act, 1986 (No. 32 of 1986) hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Control of Dogs Act, 1986 (Guard Dogs) Regulations, 1988.

(2) These Regulations shall come into operation on the 1st day of February, 1989.

2. (1) Article 3 of these Regulations is made pursuant to section 19 (2) (c) of the Act.

(2) Article 5 of these Regulations is made pursuant to section 19 (2) (a) and (b) of the Act.

(3) Article 6 of these Regulations is made in relation to matters specified in section 19 (2) (e) and (f)of the Act.

(4) In these Regulations:--

"the Act" means the Control of Dogs Act, 1986 ;

"agricultural premises" means premises used for purposes directly associated with the pursuit of agriculture but does not include creameries or premises used for the sale of agricultural produce or of goods or machinery used for agricultural purposes;

"agriculture" including horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, the use of land as grazing land, meadow land or woodland and market gardens and nursery grounds;

"guard dog" means a dog which is being used to protect--

(a) premises, or

(b) goods or property kept on premises, or

(c) a person guarding premises or such goods or property;

"guard dog kennels" means a premises where a person in the course of business keeps a dog which (notwithstanding that it is used for other purposes) is used as a guard dog elsewhere, other than a dog which is used as a guard dog only at a place belonging to or occupied by its owner;

"the Society" means the Irish Society for the Prevention of Cruelty to Animals.

(5) In these Regulations, a reference to a sub-article is, unless a contrary intention appears, a reference to the sub-article of the article in which the reference occurs.

3. (1) Subject to sub-article (4), a person shall not use or permit the use of a guard dog at--

(a) premises used for the purposes of any trade, profession, vocation, sport or recreation,

(b) premises where building or other construction work is taking place, or

(c) premises used for the purposes of clubs providing facilities to their members or their guests,

unless the conditions specified in sub-article (2) are complied with.

(2) The conditions referred to in sub-article (1) are--

(a) that the dog is--

(i) accompanied by and under the control of a person who is on the premises, or

(ii) is so secured that is not at liberty to go freely about the premises or to escape therefrom; and

(b) that a notice containing a warning that a guard dog is present is clearly exhibited at each entrance to the premises being guarded or, where the premises are not enclosed, in a prominent location thereon.

(3) A notice exhibited pursuant to sub-article (2) shall--

(a) be not less than 0.5 square metres in area,

(b) include a large drawing of the outline or silhouette of the head and shoulders of a German Shepherd (Alsatian) dog, and

(c) include the words "BEWARE GUARD DOG" in large lettering.

(4) This article shall not apply as respects--

(a) premises used or guarded by members of the Garda Síochána or of the Defence Forces in the execution of their duty,

(b) premises which belong to or are occupied by the owner of the dog and which comprise a dwelling house occupied by him,

(c) agricultural premises.

4. Guard dog kennels used for the accommodation of more than five guard dogs aged over four months shall be constructed and operated in accordance with the provisions of the First Schedule to these Regulations.

5. (1) A person shall not keep guard dog kennels for the accommodation of more than five guard dogs aged over four months unless such premises are registered in accordance with this article.

(2) A local authority, on application to them by a person operating or intending to operate guard dog kennels at premises within their area, may register such kennels for the purposes of sub-article (1) subject to or without conditions or may refuse to so register them.

(3) Notwithstanding the provisions of sub-article (1), the keeping of guard dog kennels by a person shall, in the period before registration is granted or refused, be deemed not to have contravened the provisions of that sub-article if an application for registration of the kennels has been made by the person before the 1st day of February, 1989 and the requirements of sub-article (4) have been complied with.

(4) (a) An application for registration shall be accompanied by such particulars as are necessary to identify the kennels or their proposed location, plans and specifications of any existing structures or structures proposed to be erected or altered, a statement of the maximum number of guard dogs aged over four months proposed to be kept at the kennels and a statement regarding any disqualifications or convictions of the kinds referred to in sub-articles (6) and (7).

(b) An applicant for registration shall furnish to the local authority such other particulars as the authority may reasonably require for consideration of the application for registration.

(5) Where a local authority decide to register kennels pursuant to sub-article (2) they shall issue a certificate of registration in the form set out in the Second Schedule to these Regulations.

(6) An application for registration of guard dog kennels shall not be entertained by a local authority where the person operating or intending to operate the kennels has been disqualified under section 18 of the Act from keeping a dog.

(7) A local authority may refuse an application for registration of guard dog kennels where--

(a) the construction or operation of the kennels is not in accordance with the provisions of the First Schedule to these Regulations,

(b) the person operating or intending to operate the kennels has been convicted of an offence under the Act or under the Protection of Animals Acts, 1911 and 1965 and the offence is such as to lead the local authority to the opinion that the person is not a fit person to operate guard dog kennels, or

(c) there is a failure to meet the requirements of sub-article (4).

(8) Registration of guard dog kennels shall be for a period of twelve months and may be renewed on receipt of an application for such renewal.

(9) Where a local authority refuse to register guard dog kennels, they shall inform the applicant of the reasons for such refusal.

(10) A local authority shall maintain a register which shall contain the following particulars in respect of registered guard dog kennels--

(a) the name and address of the person operating the kennels,

(b) the location of the kennels,

(c) the maximum number of guard dogs aged over four months which may be kept at the kennels.

(11) Where the operation of a guard dog kennels is transferred to a person other than the person in whose name the kennels are registered, the person to whom the transfer is made shall inform the local authority of the transfer.

(12) A local authority may cancel a registration granted pursuant to this article where--

(a) the person operating the guard dog kennels is convicted of an offence under the Act or the Protection of Animals Acts, 1911 and 1965 and the offence is such as to lead the local authority to the opinion that the person is not a fit person to operate guard dog kennels, or

(b) conditions attached to the registration have not been complied with, or

(c) the construction or operation of the kennels is not in accordance with the provisions of the First Schedule to these Regulations.

(13) Where it appears to a local authority that a registration should be cancelled pursuant to sub-article (12), they shall serve a notice on the person operating the kennels--

(a) informing him that cancellation is being considered,

(b) specifying the matters which have led them to consider cancellation, and

(c) indicating that any representations in writing which the person may make so as to reach the local authority within 21 days from the date of the notice will be considered by them in making a decision as to whether or not the registration should be cancelled,

and, before making a decision, the local authority shall take account of any representations so received.

(14) A notice pursuant to sub-article (13) shall be in the form set out in the Third Schedule to these Regulations and shall be sent by registered post.

6. (1) A person shall not use or permit the use of a dog as a guard dog on premises to which article 3 of these Regulations applies unless the dog--

(a) is wearing a collar with the name and address of the owner inscribed thereon or on a plate, badge or disc attached thereto, and

(b) carries, implanted under its skin, an electronic device on which is encoded a permanent identification mark allotted to the dog by the Society, being a device which permits the encoded identification mark to be determined when suitable reading equipment is placed in proximity to it.

(2) The Society may issue identification marks in respect of dogs to be used as guard dogs.

(3) The implantation of electronic devices for the purpose of this article shall be carried out by, or under the direct supervision of, a veterinary surgeon authorised for that purpose by the Society.

(4) The Society shall keep and maintain a register of identification marks which shall include details of the name, address and telephone number (if any) of the owner of the guard dog.

(5) In the event of a change in the ownership of a guard dog, the previous owner and the new owner shall both notify the Society of the change in ownership.

(6) A person shall not remove or otherwise interfere with a device implanted in a dog in accordance with this article without the prior written consent of the Society.

(7) The reasonable cost of providing and implanting a device in a dog for the purpose of this article shall be paid to the Society by the owner of the dog.

Article 4

FIRST SCHEDULE

Construction and Operation of Guard Dog Kennels

1. The kennels shall be constructed of durable materials and shall be capable of being readily cleansed and disinfected. Floors shall be waterproof, be sloped slightly and have a suitable drainage system. Walls shall be of impervious material and be smooth and washable to their full height.

2. All reasonable precautions shall be taken to prevent the escape of dogs, including an arrangement by which access to the kennels requires passage through two successive doors or gates, both of which open inwards.

3. The kennels shall be adequately lighted, have adequate ventilation and be so constructed as to prevent the dogs therein from being affected by extremes of temperature.

4. Each dog shall be housed in a single kennel which shall be at least 3.68 metres in length, 1.62 metres in breadth and 1.82 metres in height.

5. Dogs shall be supplied with food suitable to their needs and clean drinking water shall be provided for them at all times.

6. Excrement and soiled material shall be removed at least once daily from all living compartments and exercise areas.

7. A notice containing a warning that a guard dog is present shall be clearly exhibited at each entrance to the guard dog kennels. The notice shall be not less than 0.5 square metres in area and shall include--

(a) a large drawing of the outline or silhouette of the head and shoulders of a German Shepherd (Alsatian) dog,

(b) the words "BEWARE GUARD DOGS" in large lettering, and

(c) the name, address and telephone number of the owner of the kennels.

Article 5

SECOND SCHEDULE.

Control of Dogs Act, 1986 (Guard Dogs) Regulations, 1988.

CERTIFICATE OF REGISTRATION OF GUARD DOG KENNELS.

This is to certify that the guard dog kennels of which particulars are shown below have been registered pursuant to article 5 of the Control of Dogs Act, 1986 (Guard Dogs) Regulations, 1988, subject to the conditions set out herein for the period of twelve months commencing on the date hereof.

Maximum number of guard dogs aged over four months to be kept at kennels....................................................

Article 5

THIRD SCHEDULE

Control of Dogs Act, 1986 (Guard Dogs) Regulations, 1988.

NOTICE THAT CANCELLATION OF THE REGISTRATION OF GUARD DOG KENNELS IS BEING CONSIDERED.

Consideration is being given to the cancellation of the registration of the guard dog kennels of which particulars are set out below:

Under article 5 of the Control of Dogs Act, 1986 (Guard Dogs) Regulations, 1988 it is open to you to make representations in writing as to why the registration should not be cancelled. Such representations must be sent so as to reach the local authority at the address set out below not later than 21 days from the date of this notice. The local authority will consider any such representations before deciding whether the registration should be cancelled.

GIVEN under the Official Seal of the Minister for the Environment

this 30th day of September, 1988.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for controls over the use of guard dogs, including the introduction of an identification system, the registration by local authorities of certain guard dog kennels and the setting of standards for the construction and operation of such kennels.