S.I. No. 442/1998 -- Control of Dogs Regulations, 1998

S.I. No. 442/1998 -- Control of Dogs Regulations, 1998 1998 442

S.I. No. 442/1998:

CONTROL OF DOGS REGULATIONS, 1998

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 5 , 7 , 11 , 19 , 25 , 28 and 31 of the Control of Dogs Act, 1986 (No. 32 of 1986), as amended by sections 3, 5, 8, and 10 of the Control of Dogs (Amendment) Act, 1992 (No. 13 of 1992), hereby makes the following Regulations:--

Citation

1. These Regulations may be cited as the Control of Dogs Regulations, 1998.

Commencement

2. These Regulations shall come into operation on the 1st day of February, 1999.

Interpretation

3. In these Regulations:--

(1) "the Act" means the Control of Dogs Act, 1986 .

(2) any reference to a Schedule or article, which is not otherwise identified, is a reference to a Schedule or article of these Regulations.

(3) any reference to a sub-article, which is not otherwise identified, is a reference to the sub-article of the article in which the reference occurs.

(4) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

Revocation

4. The Regulations specified in the First Schedule are hereby revoked.

Leashing and Muzzling

5. (1) This article shall apply to every:--

(a) American Pit Bull Terrier,

(b) Bull Mastiff,

(d) English Bull Terrier,

(e) German Shepherd (Alsatian),

(f) Japanese Akita,

(g) Japanese Tosa,

(h) Rhodesian Ridgeback,

(i) Rottweiler,

(j) Staffordshire Bull Terrier, and

to every dog of the type commonly known as a Ban Dog (or Bandog), and to every other strain or cross of every breed or type of dog described in this article.

(2) A person shall not permit a dog to which this article applies to be in a public place unless such dog is:--

(i) securely muzzled; and

(ii) being led by a sufficiently strong chain or leash, not exceeding two metres in length, by a person over the age of sixteen years who is capable of controlling the said dog.

Identification of ownership of Dogs

6. (1) The owner or other person in charge of a dog shall ensure that such dog shall at all times wear a collar bearing the name and address of the owner inscribed thereon, or on a plate, badge or disc attached thereto.

(2) No person shall in any manner alter, deface, mutilate or render illegible the particulars prescribed under sub-article (1) to be inscribed on a collar to be worn by a dog, or on a plate, badge or disc to be attached thereto, nor shall any person allow a dog to wear a collar, or a plate, badge or disc attached thereto, which has been altered, defaced, mutilated or rendered illegible as aforesaid or upon which the particulars have become illegible.

(3) A breach of any provision of this article shall be an offence to which section 28(1) of the Act applies.

Exemptions from certain requirements

7. Articles 5 and 6 shall not apply to a dog which is:--

(1) (a) kept by the Garda Siochana or by the Defence Forces,

(b) kept by the Dublin Port and Docks Board Harbour Police or by an Airport Police Fire Service at a State Airport,

(d) kept by the Customs and Excise service of the Revenue Commissioners,

and which is being used by a member, constable, officer or official of the said bodies in the execution of their respective duties, or,

(2) (a) used by a bona fide rescue team for the purpose of searching for a missing person or being trained for such searching, or,

(b) being trained by a bona fide training establishment for use by a person who is unable to find their way without guidance, or, having been so trained, is being used for the purpose of guidance by such a person.

Exemption from holding a licence

8. A licence shall not be required in respect of a dog kept by:--

(a) a member or officer of the Defence Forces, or

(b) an official of the Customs and Excise service of the Revenue Commissioners,

and used wholly in the execution of official duties.

Prescribed forms

9. (1) Form No. 1 set out in the Second Schedule shall be the prescribed form of dog licence under the Act.

(2) Form No. 2 set out in the Second Schedule shall be the prescribed form of general dog licence under the Act.

(3) Form No. 3 set out in the Second Schedule shall be the prescribed form of notice for the purpose of Section 28(1) of the Act.

(4) Form No. 4 set out in the Second Schedule shall be the prescribed form of declaration for the purpose of section 11(5)(b) of the Act.

(5) Form No. 5 set out in the Second Schedule shall be the prescribed form of notice for the purpose of section 25(2) of the Act.

Prescribed amount for certain offences

10. The prescribed amount for the purpose of Section 28(1) of the Act shall be £25.

FIRST SCHEDULE

Regulation Revoked

Number and Year	Title
S.I. No. 30 of 1987	Control of Dogs Regulations, 1987
S.I. No. 59 of 1987	Control of Dogs (No. 2) Regulations, 1987
S.I. No. 123 of 1991	Control of Dogs (Restriction of Certain Dogs) Regulations, 1991
S.I. No. 146 of 1991	Control of Dogs (Restriction of Certain Dogs) (Amendment) Regulations, 1991
S.I. No. 295 of 1996	Control of Dogs (Restriction of Certain Dogs) (Amendment) Regulations, 1996

SECOND SCHEDULE

FORM NO. 1

CONTROL OF DOGS ACT, 1986

DOG LICENCE

FEE: £¹

This dog licence is hereby issued to ............................................................ ............

(insert full name)

of ............................................................ ............................................................

(insert address)

in the County/County Borough

of ............................................................ ...............

(delete as appropriate)

to keep during the period of twelve months from the date of issue of this licence the dog described below:--

BREED	COLOUR	SEX
		M	F

Issuing Office	Issuing Officer ..............................
and Stamp ............................................................ .....
Date of issue ......................... Time of Issue ....................................... a.m./p.m.

¹ Amount standing prescribed for the time being.

FORM NO. 2

CONTROL OF DOGS ACT, 1986

GENERAL DOG LICENCE

FEE: £¹

This general dog licence is hereby issued to

............................................................ .............................. (insert full name)

of ............................................................ .................................................

(insert address)

in the County/County Borough ............................................................ ...............

(delete as appropriate)to keep dogs at the premises specified below (in the County/County Borough stated above) during the period of twelve months from the date of issue of this licence.

Premises at which dogs are kept .....................................................

............................................................ ..........................................

(insert address)

Issuing Office

Issuing Officer ..........................

and Stamp ..........................

Date of Issue .............................................. Time of Issue .................................. a.m./p.m.

¹ Amount standing prescribed for the time being.

FORM NO. 3

CONTROL OF DOGS ACT, 1986

NOTICE IN RELATION TO AN ALLEGED OFFENCE

Local Authority ¹ ............................................................ ........................

To ............................................................ ................................................

Address ............................................................ ............................................

It is alleged that you have committed an offence under,

at ............................................................ .....................................................²

on ................... Particulars of the offence are indicated at 'X'³ below.

A prosecution in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of this notice and, if during that period you pay to

⁴ ............................................................ ............................................

the sum of £ ____ ⁵ accompanied by this notice, a prosecution in respect of the alleged offence will not be instituted.

	Nature of Alleged Offence	Relevant Section of Act
	Keeping a dog without a licence, contrary to section 2 of the Act.	Section 27(1)(a)
	Taking possession of a dog pursuant to a change of ownership without having a relevant general dog licence and before the issue of a dog licence in respect of that dog, contrary to section 2 of the Act.	Section 27 (1)(a)
	Transferring possession of a dog pursuant to a change of ownership to another person who is not the holder of a dog licence in respect of that dog or of a relevant general dog licence, contrary to section 2 of the Act.	Section 27 (1)(a)
	Permitting a dog of which you are the owner or other person in charge to be in a place other than	Section 27 (1)(b)
	(a) the premises of the owner, or
	(b) the premises of such other person in charge of the dog, or
	(c) the premises of any other person, with the consent of that person, and failing to accompany it and keep it under effectual control, contrary to section 9 of the Act.

	Permitting a greyhound, which is not being led by means of a sufficiently strong chain or leash, to be in a public place contrary to section 10 of the Act.	Section 27 (1)(b)
	Leading, or causing or permitting to be led by any one person, more than four greyhounds at a time in a public place, contrary to section 10 of the Act.	Section 27 (1)(b)
	Having found and taken possession of a stray dog, failing to --	Section 27 (1)(b)
	(a) return the dog to its owner, or
	(b) deliver the dog to a dog warden, or
	(c) detain the dog and give notice in writing containing a description of the dog, the address of the place where it was found, and the address of the place where it is detained to the member in charge at the nearest Garda Station to the place where the dog was found, or to a dog warden, contrary to section 13 of the Act.
	Failing to deliver to a dog warden a stray dog which you seized where you believed that the dog had worried or was about to worry livestock, contrary to section 13 of the Act.	Section 27 (1)(b)
	Failing to produce, within ten days of being requested to do so by a dog warden, a dog licence or a general dog licence in respect of a dog of which you are the owner or in charge or in possession, contrary to section 16 of the Act.	Section 27 (1)(c)
	Failing to ensure that a dog wears a collar bearing the name and address of the owner inscribed thereon or on a plate, badge or disc attached thereto, contrary to article 6 of the Control of Dogs Regulations, 1998	Section 27 (1)(f)
	Altering, defacing, mutilating or rendering illegible the particulars on a collar worn by a dog, or on a plate, badge or disc attached thereto, contrary to article 6 of the Control of Dogs Regulations, 1998.	Section 27 (1)(f)
	Allowing a dog to wear a collar, or a plate, badge or disc attached thereto, which has been altered, defaced, mutilated or rendered illegible or upon which the particulars have become illegible, contrary to article 6 of the Control of Dogs Regulations, 1998.	Section 27 (1)(f)

Dated this ....... day of ................ 19 .

(Signed) ___________________

Dog Warden

¹ Insert name of local authority.

² Insert the address of the place where the offence is alleged to have been committed.

³ Insert 'X' in left hand column opposite appropriate offence.

⁴ Insert name of local authority and the address at which the fine can be paid.

⁵ Insert the amount standing prescribed under section 28(1) of the Act.

FORM 4

CONTROL OF DOGS ACT, 1986

DECLARATION BY, OR ON THE AUTHORITY OF, THE OWNER OF A STRAY DOG DETAINED BY A DOG WARDEN OR MEMBER OF THE GARDA SIOCHANA

To ¹ ............................................................ ............................................................ ......

Address ............................................................ ............................................................ .

............................................................ ............................................................ ................

In compliance with section 11 (5) of the Control of Dogs Act, 1986 ,

I ² ............................................................ ............................................................

hereby declare that:--

1. (a) I am the owner of the dog described below.

(b) I have been authorised by the owner of the dog described below to claim it on the owner's behalf.

(Delete as appropriate)

AND

2. I have produced licence number ................ for inspection as required by the aforesaid section

Description of Dog

Breed: _________________ Colour _________________________

Dated this ............................... day of ....................................................

Signature _____________________

¹ Insert name of local authority, or Superintendent of the Garda Siochana, as appropriate

² Insert name and address of person making the declaration.

FORM NO. 5

CONTROL OF DOGS ACT, 1986

NOTICE OF INTENTION TO MAKE A COMPLAINT TO THE DISTRICT COURT IN RELATION TO NUISANCE ALLEGED TO BE CAUSED BY THE EXCESSIVE BARKING OF A DOG

District Court Area of ............................................................ District No..............

To ............................................................ ............................

(Occupier)

of............................................................ ...............................

............................................................ ..................................

(the premises in which the dog is kept)

Notice is hereby given, in pursuance of section 25 (2) of the Control of Dogs Act, 1986 , that I ........................................ of ........................................... intend to make a complaint to the District Court sitting at ........................ on the .............. day of ..............., at ........ am/pm, being a date within 7 days from the date hereof, in respect of the nuisance which I allege to have been caused by the excessive barking of a dog kept in the above-named premises, situated in the said court area and district.

Where it appears to the District Court that a nuisance has been created as a result of excessive barking, the Court may:--

(a) order you to abate the nuisance by exercising due control over the dog;

(b) make an order limiting for such period as may be specified in the order the number of dogs to be kept by you on your premises;

(c) direct that the dog be delivered to a dog warden to be dealt with by him, as if the dog were an unwanted dog, in accordance with the provisions of the Control of Dogs Act, 1986 .

Dated this ......... day of ................................, .

Signed ..........................................

Given under the Official Seal of the Minister for the Environment and Local Government this 19th day of November, 1998.

NOEL DEMPSEY

Minister for the Environment and Local Government

EXPLANATORY NOTE

These Regulations consolidate and amend certain regulations on dog control. They provide for special controls for certain breeds or types of dogs, and for collar identification to be worn by dogs generally, and extend the scope of the "on-the-spot" fine system.

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S.I. No. 442/1998 -- Control of Dogs Regulations, 1998