ICC Cricket World Cup West Indies 2007 Act, 2006

Link to law: http://laws.gov.ag/acts/2006/a2006-12.pdf

The Dogs Registration and Control Act 2006.pmd
ANTIGUA

AND

BARBUDA

No. 12 of 2006. The Dogs Registration and Control

Act, 2006.

1

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

ANTIGUA

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The Dog Registration and Control

Act, 2006.

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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No. 12 of 2006. The Dogs Registration and Control

Act, 2006.

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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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The Dog Registration and Control

Act, 2006.

No. 12 of 2006.4

(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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No. 12 of 2006. The Dogs Registration and Control

Act, 2006.

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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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The Dog Registration and Control

Act, 2006.

No. 12 of 2006.6

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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No. 12 of 2006. The Dogs Registration and Control

Act, 2006.

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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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The Dog Registration and Control

Act, 2006.

No. 12 of 2006.8

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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No. 12 of 2006. The Dogs Registration and Control

Act, 2006.

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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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The Dog Registration and Control

Act, 2006.

No. 12 of 2006.10

(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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No. 12 of 2006. The Dogs Registration and Control

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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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The Dog Registration and Control

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No. 12 of 2006.12

(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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No. 12 of 2006. The Dogs Registration and Control

Act, 2006.

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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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The Dog Registration and Control

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No. 12 of 2006.14

(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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No. 12 of 2006. The Dogs Registration and Control

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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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The Dog Registration and Control

Act, 2006.

No. 12 of 2006.16

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.

ANTIGUA

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No. 12 of 2006. The Dogs Registration and Control

Act, 2006.

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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
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