Dogs Amendment Act 2000

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2000/Acts/Dogs%20Amendment%20Act%202000.pdf

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Dogs Amendment Act 2000
DOGS AMENDMENT ACT 2000

1

BERMUDA
2000 : 21

DOGS AMENDMENT ACT 2000

[Date of Assent 26 June 2000]

[Operative Date 1 September 2000]

WHEREAS it is expedient to amend the Dogs Act 1978:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act, which amends the Dogs Act 1978 ("the Act"), may be
cited as the Dogs Amendment Act 2000.

Amendment of section 1 of Act
2 Section 1 of the Act is amended—

(a) in subsection (1)—

(i) by inserting after the definition of "the appropriate
fee" the following—

""broker" in relation to a dog, excludes a person
who does not take possession of the dog;";

(ii) by deleting the definition of "paved public place"
and substituting the following—

DOGS AMENDMENT ACT 2000

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""premises" includes open or vacant land;";

(iii) by deleting the definition of "residence";

(b) by deleting subsection (3) and substituting the
following—

"(3) The Director may delegate to an officer any of
his functions under this Act subject to such
conditions as the Director may specify.

(4) For the purposes of carrying out any of his
functions the Director may engage the services of
any organization or Government Department.".

Amendment of section 3 of Act
3 Section 3 of the Act is amended—

(a) by deleting subsection (2) and substituting the
following—

" (2) A dog licence is unique to the dog in respect
of which it is issued.

(2A)Where a dog is transferred from one keeper
to another, it is the duty of the transferor to notify the
Director within 14 days of the transfer giving the name
and address of the new keeper and the identification
number of the dog.

(2B) A person who fails to comply with subsection
(2A) is guilty of an offence.".

(b) by deleting subsection (4)(a) and substituting the
following—

"(a) is less than one month old;";

(c) by the repeal of subsection (5).

Amendment of section 4 of Act
4 Section 4 of the Act is amended—

(a) in subsection (1), by deleting the words "Postmaster
General shall, on behalf of the Director;" and
substituting the words "Director shall";

(b) by deleting subsection (2) and substituting the
following—

DOGS AMENDMENT ACT 2000

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" (2) A dog licence shall be valid for a period of
one year, or such longer period as the Director may
determine, from the date on which it is issued or from
such other date as may be specified in the licence.".

(c) by deleting subsection (4), and substituting the
following—

" (4) A dog licence shall be in such form as the
Director shall determine but shall be numbered and
shall be accompanied by an identification tag which
shall bear a unique number identifying the dog and
which shall be suitable for attachment to the dog's collar
or harness.".

(d) by deleting subsection (5), and substituting the
following—

" (5) If the Director is satisfied that a dog's
identification tag has been lost, he may, on production of
the dog licence and payment of the appropriate fee, issue
a duplicate identification tag bearing the dog's unique
identification number and where he does so he shall
record the note "duplicate tag issued" on the dog licence
and date the note.".

Amendment of section 5 of Act
5 Section 5 of the Act is amended—

(a) in subsection (1), by deleting the words "except when it
is on its keeper's property a collar" and substituting the
words "a collar or harness";

(b) in subsection (2), by deleting the words "Postmaster
General" and substituting the word "Director";

(c) in subsection (3), by inserting after the word "collar" the
words "or harness";

(d) in subsection (4), by deleting the words "not on its
keeper's property not carrying" and substituting "not
wearing".

Amendment of section 7 of Act
6 Section 7 of the Act is amended—

(a) in subsection (1), by deleting paragraph (b);

(b) in subsection (5), by adding the following—

DOGS AMENDMENT ACT 2000

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"and
(c) shall state the activity for which the licence is

issued.";

(c) in subsection (7), by deleting all the words after the word
"offence".

Amendment of section 7A of Act
7 Section 7A of the Act is amended—

(a) in paragraph (a) by inserting after the words "section 7"
the words "or 7C";

(b) by deleting the comma at the end of paragraph (b) and
substituting a semi-colon;

(c) by inserting after paragraph (b) the following—

"or
(c) that any dog for the time being kept by a person

to whom a licence under section 7 or 7C has
been issued is a potential danger to public safety
or to the welfare of other animals,".

Amendment of section 7B of Act
8 Section 7B(1) of the Act is amended by inserting after the words
"section 7" the words "or 7C".

Insertion of new section 7C and 7D in Act
9 After section 7B of the Act there is inserted the following—

"Breeding licences
7C (1) A person shall not breed dogs unless he holds a
breeding licence.

(2) A person intending to breed dogs must apply to the
Director for a breeding licence.

(3) The Director may, subject to this section and on
payment of the appropriate fee, issue a breeding licence to a
person who applies to him under subsection (2) ("an applicant").

(4) The Director shall not issue a breeding licence
under this section unless he is satisfied—

(a) that the applicant is a suitable person to hold a
breeding licence; and

DOGS AMENDMENT ACT 2000

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(b) that the premises where the puppies will be
raised are suitable.

(5) A breeding licence—

(a) shall state the name of the licensee;

(b) shall identify the premises where the breeding
will be carried on;

(c) shall identify the bitch to be bred;

(d) shall be valid for such period not exceeding 90
days as may be specified in it; and

(e) shall not be transferable.

(6) A breeding licence shall be authority for a single
breeding session and for the production of a single litter, and it
is the duty of the licensee to notify the Director of the birth of a
litter within 14 days of the birth.

(7) The Director may attach conditions to the issue of a
breeding licence.

(8) The Director may refuse to issue a breeding licence
to an applicant if he believes on reasonable grounds that there is
potential danger to public safety or to the welfare of another
animal because of the nature of the dog or the manner in which
it is kept.

(9) A person who contravenes subsection (1) or (6) or
any condition of a breeding licence is guilty of an offence.

(10) The keeping of a bitch and puppies pursuant to a
breeding licence does not constitute a contravention of section 6.

Seizure and disposal of unlawfully bred dogs etc
7D Where dogs are—

(a) the product of any breeding without a breeding
licence issued under section 7C or otherwise in
contravention of conditions specified under that
section;

(b) kept at any premises in excess of the number
set out in section 6 or without a permit issued
under that section or otherwise in contravention
of conditions specified under that section; or

DOGS AMENDMENT ACT 2000

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(c) unlicensed and the person in charge thereof has
failed to produce a licence pursuant to section
16(5),

the dogs shall be forfeited to the Department and the Director
may seize the dogs and destroy them or otherwise dispose of
them in such manner as he sees fit.".

Amendment of section 10 of Act
10 Section 10 of the Act is amended by deleting the word "paved"
where it appears in the heading and in subsections (1) and (2).

Amendment of section 13 of Act
11 Section 13 of the Act is amended—

(a) in subsection (4), by deleting the word "if" and
substituting the word "and"

(b) in the second proviso to subsection (4) by inserting after
the word "unless" the words ", if the dog is unlicensed,".

Amendment of section 14(2) of Act
12 Section 14(2) of the Act is amended by deleting all the words
following the words "show that" and substituting the words "the person
or the domestic animal was trespassing on his property or the property
of a person in lawful control of the dog".

Amendment of section 15 of Act
13 Section 15 of the Act is amended—

(a) in subsection (1), by inserting after paragraph (a) the
following—

"(aa) causes damage to the personal property of
another person; or"

(b) in subsection (3),

(i) by inserting after the word "dog" where it first
occurs the words "or the personal property of a
person has been damaged by the act of a dog";

(ii) by inserting after the words "paragraph (a)" the
words "or (aa)".

Insertion of new section 15D in Act
14 After section 15C of the Act there is inserted the following—

DOGS AMENDMENT ACT 2000

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"Identification of seized etc, dogs
15D Where pursuant to any provision of this Act a dog comes
into the care of the Director or a recognized society, the Director
shall cause the dog to be marked with a device that enables the
dog to be identified.".

Amendment of section 16 of Act
15 Section 16 of the Act is amended—

(a) in subsection (4), by the addition of the words "and to
give such particulars as the officer may require in
relation to himself and the keeper of the dog";

(b) by the addition of the following—

"(6) Any person who obstructs an officer or a police
officer in the execution of his functions under this Act or
fails to comply with a requirement under subsection (4)
is guilty of an offence.".

Amendment of section 17 of Act
16 Section 17(2) of the Act is repealed and the following is
substituted—

"(2) A person found guilty of an offence against this Act is liable
to a fine of $10,000 or imprisonment for six months.".

Amendment of section 18 of Act
17 Section 18(1) of the Act is amended by deleting the words
"$3,000" and substituting the words "$10,000".

Amendment of section 19 of Act
18 Section 19(2) of the Act is amended by adding the following—

"(i) the keeping of dogs;

(j) the breeding of dogs.".

Commencement
19 This Act comes into operation on such day as the Minister
responsible for agriculture may appoint by notice published in the
Gazette.