The Dogs Registration and Control Act 2006.pmd
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No. 12 of 2006. The Dogs Registration and Control
Act, 2006.
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P
P
ANTIGUA AND BARBUDA
No. 12 of 2006
AN ACT to make provision for the registration and control of
dogs, and matters related thereto
[Published in the Official Gazette Vol. XXVI No. 55
dated 28th September, 2006. ]
ENACTED by the Parliament of Antigua and Barbuda as fol-
lows:
PRELIMINARY
1. This Act may be cited as the Dogs Registration and Control
Act 2006.
2. In this Act, unless the context otherwise requires-
“Agent” includes the Antigua and Barbuda Humane Society
Inc;
“the Antigua and Barbuda Humane Society Inc.” means the
body corporate registered under the Companies Act, No. 9 of
1995;
“animal shelter” means a facility or facilities operated by or
on behalf of the Antigua and Barbuda Humane Society Inc.
for the keeping and disposition of stray and admitted animals;
Short title.
Interpretation.
[ L.S.]
I Assent,
James B. Carlisle,
Governor-General.
19th September, 2006
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No. 12 of 2006.2
“assistance dog” means a dog that has been or is being trained
as a Guide Dog, Hearing Dog, or Service Dog;
“Guide Dog” means a dog that has been or is specially trained
to aid a particular blind or visually impaired person;
“Hearing Dog” means a dog that has been or is being specially
trained to aid a particular deaf or hard of hearing person;
“Service Dog” means a dog that has been or is being specially
trained to aid a particular physically disabled person with a
physical disability other than sight or hearing;
“at large” means being found on any other property than that
of the owner of the dog, and not under the control of the
owner, except where the owner of the property permits the
dog to be on his property;
“dangerous” means savage, vicious or likely to spread rabies,
distemper or any kind of disease.
“dog” means a canine of the species Canis familiaris;
“Dog Control Officer” means any person appointed under
section 29 of the Act;
“keep” means to have temporary or permanent control or
possession of a dog and any grammatical variation and
cognate expressions of that word shall have the corresponding
meanings;
“kennel” means any premises where more than five dogs of
licencing age are kept and maintained, and includes any
establishment engaged in the business of boarding or selling
dogs or where the breeding of dogs for sale is carried on;
“licensing age” means the age when a dog has attained the
age of six months and over or upon eruption of the permanent
canines, as the case may be;
“microchip” means an encoded identification device approved
by the Antigua and Barbuda Humane Society Inc. which is
implanted into a dog, containing a unique code that permits
or facilitates access to owner information and which
information is stored in a central database maintained by the
Antigua and Barbuda Humane Society Inc;
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“Minister” means the Minister of Agriculture;
“owner” means any person who possesses, harbours,
controls or has custody of a dog and includes the person
who occupies a dwelling house, building or other premises
or any part thereof at which a dog is accustomed to stay or be
kept unless that person furnishes satisfactory evidence to
the contrary, and, where the owner is a minor, the person
responsible for the custody or guardianship of that minor;
“Police service dog” means a dog trained for and actually
engaged in law enforcement or search and rescue by any
government agency;
“protective care” means the temporary keeping of a dog for a
maximum of five days, as a result of an eviction, incarceration,
medical or fire emergency or other disaster;
“public place” includes any street, road, open space, square
sidewalk, alley, lane, court, path, wharf, pier, jetty, beach,
bridge, shop, building or any other place or transport to which
the public have access.
PART I
DOG REGISTRATION AND CONTROL AUTHORITY
3. There is hereby established a Dog Registration and Control
Authority (hereinafter referred to as “the Authority”).
4. The provisions of the First Schedule shall have effect as to
constitution, members, procedure and meetings of the Authority.
5. (1) The primary function of the Authority is to exercise any
power and functions assigned to it under this Act and any rules
and regulations made hereunder.
(2) The Authority has the following general functions—
(a) to administer the dog registration and control regime
in Antigua and Barbuda;
(b) to advise the Minister on all aspects pertaining to
the control, registration and licensing and other
related matters under the Act;
Establishment of
the Authority.
Composition of
Authority
Functions
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(c) to propose regulations for the consideration of the
Minister;
(d) to establish the system for the payment and collec-
tion of monies due under this Act;
(e) to make recommendations on the appointment of Dog
Control Officers.
6. Without prejudice to its functions under the Act, the
Authority may arrange for any of its duties to be carried out
either by the Authority directly through its own officers, servants
and employees, or through a designated Agent.
7. (1) The Antigua and Barbuda Humane Society Inc. shall be
a designated Agent of the Authority.
(2) The Agent shall be responsible for carrying out and
enforcing specified provisions of this Act and for the collection
of registration, tag, licence and other fees excluding penalties or
fines.
PART 2 — CARE AND SAFETY OF DOGS
8. Every person who keeps a dog shall provide the dog or
cause it to be provided with adequate and appropriate care, food,
water, shelter, exercise, attention and veterinary care as may be
required to meet the needs of the dog.
9. Where a dog is customarily kept out of doors, the person
having custody or control of the dog shall provide a structurally
sufficient, weather-proof enclosure of appropriate size and
dimension for its use at all times.
10. (1) No person shall keep any dog tethered on a chain, rope
or similar restraining device of less than 3 metres in length.
(2) Every person who has tethered a dog shall ensure, at all
times, that the dog has unrestricted movement within the range
of the tether, and that the dog does not suffer injury resulting
from the tethering.
(3) No person may cause a dog to be hitched, tied or fastened
to a fixed object where a choke collar or chain forms part of the
collar securing apparatus or where a chain or rope or cord is tied
directly around the neck of the dog.
Delegation.
Agent.
Responsibility for
care of dogs.
Enclosures for dogs
kept outdoors.
Tethers.
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(4) No person may cause a dog to be hitched, tied or fastened
to a fixed object as the primary means of confinement for an
extended period of time.
(5) No person may cause a dog to be confined in an
enclosed space, including a car, without adequate ventilation.
(6) No person may transport a dog in a vehicle outside the
passenger compartment unless it is adequately confined or
secured in a body harness or other manner of fastening which is
adequate to prevent it from falling off the vehicle or otherwise
injuring itself.
(7) Any person who fails to comply with this section
commits an offence.
11. (1) No person shall keep a dog in an unsanitary condition.
(2) For the purposes of subsection (1), a dog is kept in an
unsanitary condition where the keeping of the dog results in an
accumulation of faecal matter, an odour, insect infestation or
rodent attractants which endanger the health of the animal or
any person, or which disturbs or is likely to disturb the
enjoyment, comfort or convenience of any person within a
reasonable range of the dog.
(3) Any person who fails to comply with this section commits
an offence and is liable upon summary conviction to a fine not
exceeding $500, or to a term of imprisonment not exceeding one
month, or both.
12. Every owner of a dog shall immediately remove excrement
left by the dog on any property other than the premises of the
owner of the dog including a public place.
13. (1) Where a dog is sheltered at an animal shelter approved
by the Authority for protective care, a per diem sheltering fee
shall be paid by the owner to the Agent in advance of redeeming
the dog, in accordance with the amount specified in the Third
Schedule.
(2) Where a dog is not redeemed at the end of the protective
care period, it shall be treated as an impounded dog.
Unsanitary con-
ditions.
Removal of ex-
crement.
Animal shelter.
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PART 3 -REGISTRATION AND LICENCE
14. (1) An application for any licence under this Act shall be
made to the Authority in such prescribed manner as approved
by the Minister.
(2) Any licence issued under this Act shall be valid for a
period of one year, or three years as the case may be, upon
payment of the fee prescribed in the Second Schedule.
(3) The Agent shall be responsible for the recording, issu-
ance and renewal of all licences.
(4) Within six months of the coming into force of this Act,
every owner of a dog of licensing age shall—
(a) present the dog to the Agent to be registered and
microchipped;
(b) pay the tag and licence fee in the amount specified in
Second Schedule;
(c) until ceasing to be the owner of the dog, obtain a
new tag and licence for the dog prior to the expiration
of each licence issued for the dog;
(d) keep the tag securely fixed at all times on the dag for
which the tag is issued;
(e) pay a tag replacement fee specified in Second
Schedule in the event the tag issued for the dog is
lost, destroyed or in any way damaged.
15. (1) The owner of any newly acquired dog of licensing age
or of any dog which attains licensing age, shall make application
for the microchip, registration and licence tag for such dog within
10 working days after such acquisition or attainment of licensing
age by the dog.
(2) The onus of proof of the age of any dog shall be upon the
owner.
16. Any person who imports a dog of licensing age into
Antigua and Barbuda shall make application for registration,
microchip and licence tag for such dog within 10 working days of
its arrival in the State.
R e g i s t r a t i o n ,
Licence
Newly acquired
dogs.
Imported dogs.
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17. No person, except a Dog Control Officer in the
performance of his duties, shall remove a licence tag from the
collar of any dog without the consent of the owner, nor shall any
person attach a licence tag to a dog for which it was not duly
issued.
18. Any person who keeps more than five dogs shall be
deemed to be operating a kennel and shall be subject to the rules
and regulations pertaining to kennels.
19. Within six months of the coming into force of this Act,
every kennel operator and every person deemed to be operating
a kennel pursuant to this Act, shall—
(a) register the kennel with the Agent; and
(b) pay a licence fee in the amount specified in the
Second Schedule.
20. The owner or operator of a kennel shall—
(a) make adequate provision at all times for the health,
safety, hygiene and comfort of the dogs housed
therein;
(b) ensure that all dogs in the kennel are under control
and do not constitute a nuisance due to unreasonable
barking, yelping, or howling;
(c) keep the kennel at all times in good repair;
(d) keep the kennel and the yard surrounding it at all
times in a clean and sanitary condition and free of
vermin and rodents;
(e) collect all uneaten food from the kennel daily, and
dispose of it in a sanitary manner;
(f) dispose of all excreta, hair clippings or refuse and all
liquid wastes from the kennel in a manner which
meets the approval of the Central Board of Health or
other authority designated for such purpose;
(g) keep the kennel regularly cleaned and disinfected,
and free of any offensive or disagreeable odours.
Removal of tags
Kennels
Kennel licence
Kennel operator
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21. (1) Prior to the issuance of a kennel licence, the Chief
Veterinary Officer or his duly authorised representative shall sat-
isfy himself upon inspection that the kennel is being operated in
accordance with this Act and regulations made thereunder.
(2) No kennel licence shall be issued by the Agent unless the
Chief Veterinary Officer is so satisfied and has directed the Agent
to issue same.
(3) The Chief Veterinary Officer may, at any reasonable time,
inspect any kennel in respect of which a licence has been issued
for the purpose of satisfying himself that the kennel is being
operated in accordance with this Act.
(4)Where the Chief Veterinary Officer is not so satisfied he
shall issue a notice requiring that the operations of the kennel be
rectified within a specified period.
(5) Failure to comply with the directions or conditions of the
notice of the Chief Veterinary Officer may result—
(a) in a direction to the Agent to cancel the kennel li-
cence;
(b) impounding of all dogs in the kennel.
(6) Nothing in this Part precludes the Chief Veterinary Officer
from refusing to issue or cancel a kennel licence if in his opinion
other laws pertaining to the welfare of dogs and public health are
being contravened.
(7) Any person aggrieved by the cancellation of his licence
may appeal in writing to the Minister within 14 days of such
cancellation.
22. (1) All licence, tag and other fees payable under the Sec-
ond Schedule shall be paid to the Agent on behalf of the Author-
ity.
(2) All fees collected by the agent on behalf of the Authority
shall be used exclusively for the purpose of maintaining the Dog
Registration and Control Programme.
Inspection
Payment of fees
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PART 4
CONTROL OF DOGS
23. Any Magistrate may take cognizance of a complaint
that a dog is dangerous or not kept under proper control, and, if
it appears to the Magistrate that any do, the subject of any such
complaint made to the Magistrate, is dangerous or not kept
under proper control, may make an order in a summary way
directing that the dog be kept under proper control by its owner,
or, if dangerous, destroyed.
24. If any dog, either at large or in charge of any person, shall
attack, worry or put in fear any person or any animal, the owner
of such dog shall be liable, on summary conviction, to a fine of
five hundred dollars or to imprisonment for three months, and
the convicting Magistrate may, if he thinks fit, make an order in
a summary way directing that the dog be kept under proper
control by its owner, or, in the case of a second or any subsequent
complaint in respect of the same dog, destroyed.
25. (1) No owner of a dog shall cause or permit the dog to run
at large.
(2) For the purposes of this section, a dog shall be deemed to be
running at large when found in any place other than the premises of
the owner of the dog and not under the control of any person.
(3) No person shall keep a dog outside of the premises of
the owner other than on a leash or restraining device that
shall not exceed two metres in length except where consent is
given by the person who owns the property on which the
dog is found.
26. Any dog running at large contrary to the provisions of
this Act may be seized and impounded by a Dog Control Officer.
27. Any unregistered dog or any dog not wearing a licence
tag may be seized and impounded by a Dog Control Officer.
28. This Part shall not apply to police service dogs or dogs
used in law enforcement.
29. (1) The Minister may, on the recommendation of the Au-
thority, appoint Dog Control Officers for the purposes of carry-
ing out or enforcing the provisions of this Act.
Furious dogs.
Dogs at large.
Seizure.
Dog control
officer.
Exceptions.
Appointment of
dog control
officer.
Dangerous dogs.
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(2) A Dog Control Officer is authorized to enter onto private
property and impound the dog whilst in pursuit of the dog upon
receiving the permission of the owner of the private property.
30. (1) Where in the opinion of a registered veterinarian a dog
seized under the preceding section is injured or ill and should be
euthanised without delay for humane reasons or safety to
persons, or other animal the dog may be euthanised without
permitting any person to reclaim the dog.
(2) Where a dog is euthanised pursuant to sub-section (1),
the owner is liable to the Agent for the costs incurred in
euthanising the dog and for all costs, legal or otherwise, of any
action that may be necessary to recover such costs.
31. (1) Any dog seized by a Dog Control Officer shall be taken
to an animal shelter approved by the Authority and impounded
for a minimum period of two working days, exclusive of the day
on which the dog was impounded and days on which the animal
shelter is closed, during which time the owner shall be entitled to
redeem the dog.
(2) As soon as possible after impoundment, a bona fide effort
shall be made to notify the owner of the impoundment and the
time period for redeeming the dog.
(3) Where a dog is not redeemed within the time period
specified, the dog shall become the property of the Agent and
may:
(a) be adopted for a fee in an amount specified by the
Agent; or
(b) be euthanised.
(4) Where a dog is seized and impounded by the Agent:
(a) a per diem impoundment fee shall be paid by the
owner to the Agent in advance of redeeming the
dog, in the amount specified in the Third Schedule;
(b) if the licence for the dog is not up-to-date, the owner
shall pay the licence renewal fee in the amount
specified in the Second Schedule before the dog is
released from impoundment;
Euthanasia.
Impounding.
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(c) if the dog has not been registered previously, the
dog shall be microchipped, and the owner shall pay
the fee for the registration, tag and licence in the
amount specified in the Second Schedule before the
dog is released from impoundment.
(5) (a) Where a dog seized and impounded under this sec-
tion is injured or ill and receives veterinary care nec-
essary for the well-being of the dog, the Agent, in
addition to any amount charged pursuant to this
section, shall be entitled to recover charges for cost
of veterinary care from the person claiming the dog.
(b) If the owner considers the cost of veterinary care
unreasonable the owner may appeal to the Author-
ity against such carges and the Authority shall con-
sider and determine such appeal within one calen-
dar month of the receipt of such appeal
PART 5
MISCELLANEOUS
32. The Agent and any Dog Control Officer appointed under
this Act shall not be accountable to the owner of any dog law-
fully captured, impounded, adopted or euthanised under this
Act and shall not be liable to be sued by such owner in respect of
such capture, impoundment, adoption or euthanasia.
PART 6
OFFENCES & PENALTIES
33. (1) Any person who—
(a) interferes with, attempts to obstruct, assaults or in-
timidates a Dog Control Officer or any authorised
person in the legal execution of his duties under this
Act;
(b) unlocks, unlatches or otherwise opens any cage or
vehicle in which any dog seized for impoundment
has been placed so as to allow or attempt to allow
any dog to escape there from; or
Liability.
Offences and
penalties.
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(c) attempts to remove any dog from the possession of a
Dog Control Officer or from any person responsible
for the operation of the animal shelter.
commits an offence and is liable upon summary conviction to a
fine of $2500.
(2) A person who contravenes or violates any of the provi-
sions of this Act for which no penalty is prescribed, shall be
guilty of an offence and liable upon summary conviction—
(a) for the first offence, to a fine of not less than $300;
(b) for any subsequent offence, to a fine of not less than
$1000 or in default, to a term of imprisonment not
exceeding three months, or both.
34. Every sum paid by way of penalty or fine under this Act
shall be paid into the Consolidated Fund.
35. (1) There shall be established a Special Fund known as the
Dogs Registration and Control Fund.
(2) The Authority shall be responsible to the Accountant Gen-
eral for the administration of the Dogs Registration and Control
Fund.
(3) The monies of the Dogs Registration and Control Fund
shall be kept in a separate account at a bank identified by the
Minister.
(4) All monies collected in respect of fees other than penalties
or fines shall be paid into the Dogs Registration and Control
Fund and applied exclusively for the purpose of dog registration
and control matters.
PART 7
GENERAL PROVISIONS
36. (1) The Minister may make regulations generally for the
effective carrying out of the provisions of this Act and specifi-
cally for prescribing anything required or permitted to be pre-
scribed by this Act.
Consolidated
Fund
Special Fund
Regulations
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(2) Without limiting the generality of the foregoing, the Minis-
ter may make regulations for—
(a) the fees to be charged under the Act;
(b) rules relating to the operation of kennels;
(c) the keeping of the register of kennels;
(d) prescribing the conditions for an animal shelter;
(e) providing for the form, recording and insertion of
the micro-chip;
(f) prescribing the conditions for the care and control
of dogs;
(g) prescribing the conditions relating to the seizure,
detention and euthanasia of dogs under this Act;
(h) prescribing the powers and duties of Dog Control
Officers; and
(i) regulating the form, issuance and renewal of li-
cences;
37. The Minister may by Order published in the Gazette amend
or vary the Schedules from time to time.
38. The Dogs Act is here by repealed.
Schedules.
Repeal of Cap
140.
FIRST SCHEDULE
Section 3
Composition, Procedure etc. of the Authority
1. The Authority shall consist of
(a) the Chief Veterinary Officer;
(b) the Chief Health Inspector;
(c) the Chief Environmental Officer;
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(d) the Executive Director of the Antigua and Barbuda Humane Society
Inc; and
(e) one member who is representative of civil society, nominated by the
Minister.
2. The members of the Authority shall be appointed by the Minister by instru-
ment in writing and subject to the provisions of this Schedule.
3. Members shall hold office for a period not exceeding two years and shall be
eligible for re-appointment.
4. The Minister shall appoint a Chairman from among the members of the Au-
thority.
5. The Chairman shall preside at all meetings of the Authority at which he is
present, and in his absence, the members present and constituting a quorum shall
elect a chairman from among their numbers to preside at that meeting.
6. The members of the Authority shall meet at such times as may be necessary
or expedient for the transaction of its business and such meetings shall be held at
such places and times and on such days as the Authority may determine.
7. The names of the members of the Authority as first constituted and every
change thereafter shall be published in the Gazette.
8. The quorum of the Authority shall be three.
9. The decisions of the Authority shall be by a majority of votes and in addition
to an original vote, the person presiding at a meeting shall have a casting vote in
any case in which the voting is equal.
10. Minutes in proper form of each meeting of the Authority shall be kept.
11. The validity of the proceedings of the Authority shall not be affected by
any vacancy amongst the members thereof.
12. If any member of the Authority is by reason of illness or any other cause
temporarily unable to perform his functions, the Minister may appoint any person
from the respective sector to act in his stead during the period of such illness or
inability.
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13. No member of the Authority shall be personally liable for any act or default
of the Authority done or omitted to be done in good faith in the course of the
operations of the Authority.
14. There shall be paid to the Chairman and other members of the Authority
such remuneration whether by way of honorarium, salary or fees, and such allow-
ances as the Minister may determine.
15. Subject to the foregoing provisions of this Schedule, the Authority may
regulate its own proceedings.
SECOND SCHEDULE
Sections 14 and 22
FEES
1 Year 3 Years
Dog registration and licence
Unaltered dog $50.00 $150.00
*Dog that is spayed or neutered $20.00 $ 45.00
*Dog that is spayed or neutered where owner
is age 65 years or older $10.00 $ 25.00
**Assistance dog (registration required) no fee
*** Police service dog (registration required) no fee
Replacement licence tag $5.00 per tag
Kennel licence $100.00 per annum
* A Certificate from a qualified veterinarian is required as proof that a dog has been
spayed or neutered.
** A Certificate from the owner’s physician is required as proof that an assistance
dog is indicated.
*** A Certificate from the Police Commissioner is required as proof that the dog is
an active police service dog.
THIRD SCHEDULE
Sections 13 and 31
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PURPOSE FEES
Protective Care
First 24 hours or part thereof $40.00
Subsequent per diem rate $20.00
Impoundment
First 24 hours or part thereof $40.00
Subsequent per diem rate $20.00
____________
Printed at the Government Printing Office, Antigua and Barbuda,
by Eric T. Bennett, Government Printer
—By Authority, 2006.
800—9.06 [ Price $6.80 ]
Passed the House of Representatives this
2nd day of August, 2006.
D. Giselle Isaac-Arrindell,
Speaker.
Yvonne Henry,
Clerk to the House of Representatives.
Passed the Senate this 23rd day
of August, 2006.
Hazlyn M. Francis,
President.
Yvonne Henry,
Clerk to the Senate.
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ANTIGUA AND BARBUDA
THE DOG REGISTRATION AND CONTROL ACT, 2006
ARRANGEMENT OF SECTIONS
Sections
1. Short title
2. Interpretation
PART I
DOG REGISTRATION AND CONTROL AUTHORITY
3. Establishment of Authority
4. Composition of Authority
5. Functions
6. Delegation
7. Agent
PART II
CARE AND SAFETY OF DOGS
8. Responsibility to care for dogs
9. Enclosures for dogs kept outdoors
10. Tethers
11. Unsanitary conditions
12. Removal of excrement
13. Animal shelter
PART III
REGISTRATION AND LICENCE
14. Registration, licence
15. Newly acquired dogs
16. Imported dogs
17. Removal of tags
18. Kennels
19. Kennel licence
20. Kennel operator
21. Inspection
22. Payment of fees
PART IV
CONTROL OF DOGS
23. Dangerous Dogs
24. Furious Dogs
25. Dogs at large
26. Seizure
27. Dog Control Officer
28. Exceptions
29. Appointment of Dog Control Officer
30. Euthanasia
31. Impounding
PART V
MISCELLANEOUS
32. Liability
PART VI
OFFENCES AND PENALTIES
33. Offences and Penalties
34. Payment of penalty, fine
PART VII
GENERAL PROVISIONS
35. Special Fund
36. Regulations
37. Schedules
38. Repeal of Cap 140
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
