Dogs Act 2008
DOGS ACT 2008
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BERMUDA
2008 : 28
DOGS ACT 2008
Date of Assent: 21 July 2008
Operative Date: Notice in Gazette
ARRANGEMENT OF SECTIONS
1 Short title
2 Interpretation
3 Duty of Minister
4 Ownership of dogs
5 Dogs to be acquired
from a legitimate source
6 Issue of licences
7 Identification tags and
collars
8 Prohibition on keeping
more than two dogs
9 Licences for boarding,
brokering and guarding
operations
10 Breeding licences
11 Cancellation of licences
12 Appeals
13 Seizure and disposal of
dogs
14 Water, shelter and
movement
15 Female dogs in heat
16 Leash required when
dog in a public place
17 Dogs wearing spiked
collars or items made
for an offensive purpose
18 Protection from dogs
19 Stray dog offence
20 Procedure when stray
dog found or seized
21 Action for damages
22 Dogs out of control
23 Power of court with
respect to dangerous
dogs
24 Emergency orders
25 Procedure for orders
under section 23 or 24
26 Identification of seized
dogs
27 Powers of authorized
Officers
28 Requirement to give
information in
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connection with offence
committed under the
Act
29 General penalty
20 Compensation
31 Regulations
32 Authorization of
ticketing
33 Form of ticket
34 Issue of ticket
35 Summons
36 Payment of penalty out
of court
37 Information
38 Amount of penalty
39 Record of conviction
40 Amendment of Schedule
41 Prescription of ticket by
the Minister
42 Repeal
43 Commencement
SCHEDULE
WHEREAS it is expedient to enact the Dogs Act 2008:
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:
Short title
1 This Act may be cited as the Dogs Act 2008.
Interpretation
2 (1) In this Act, unless the context otherwise requires —
“animal warden” means an animal warden of the
Department;
"appropriate fee" means a fee prescribed under the
Government Fees Act 1965;
“breed” in relation to a dog means to promote or allow the
propagation or raising of dogs (including in utero);
“breeding licence” means a licence issued under section 10;
"broker" in relation to a dog, excludes a person who does not
take possession of the dog;
"Department" means the department responsible for the
regulation of dogs;
"Director" means the Director of the Department;
"dog" means a dog or a dog hybrid of any age;
"dog licence" means a licence issued under section 6;
"keeper", in relation to a dog, means a person (whether or
not he or she is the owner of the dog) who —
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(a) has possession of the dog; or
(b) is responsible for the care of the dog;
"Minister" means the Minister responsible for the
environment;
"Officer" means an animal warden, a veterinary officer, or a
police officer;
"premises" includes open or vacant land;
"public place" means any place to which the public are
entitled or permitted to have access;
"recognized society" means any organization which the
Minister, from time to time, by notice in the Gazette
declares to be a recognized society for the purposes of
this Act;
"stray dog" means a dog found in a public place, or on any
premises other than the premises on which the dog is
being kept or is for the time being allowed to remain but
shall not include a dog that is accompanied by, and under
the direct control of a person who is capable of exercising
effective control over it;
“veterinary officer” means a veterinary officer of the
Department.
(2) The Director may delegate to any member of staff of the
Department any of his functions under this Act subject to such
conditions as the Director may specify.
(3) For the purposes of carrying out his functions under
this Act, the Director may engage the services of any organization
or Government Department.
Duty of the Minister
3 The Minister shall have the duty —
(a) to see to the welfare of dogs; and
(b) for that purpose, with the assistance of the Director
and the Department, to administer this Act.
Ownership of dogs
4 (1) Subject to this section, a person shall not own or keep a
dog unless that person —
(a) is eighteen years of age or older; and
(b) in accordance with section 6 has been issued a
licence, in respect of the dog.
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(2) The owner of a dog shall ensure that the dog is
permanently identified by having a microchip inserted beneath its
skin.
(3) Where a dog is transferred from one keeper to another,
it is the duty of the transferor to notify the Director in writing
within 14 days of the transfer giving the name and address of the
new keeper and the identification number of the dog.
(4) The owner of a dog shall notify the Department within
14 days after the date when —
(a) the dog dies; or
(b) the dog is moved permanently overseas by the owner
or by a new owner overseas.
(5) A person who imports a dog into Bermuda need not hold
a licence for the dog if —
(a) before the dog is imported, the Director is satisfied
that the dog will be exported from Bermuda within
the period of 28 days from the date of its
importation; and
(b) the dog is exported from Bermuda within that
period.
(6) A dog licence is not required for a dog which —
(a) is being kept at premises in accordance with a
licence issued under section 10, is less than one
month old and was born at those premises; or
(b) is being kept by the Department or a recognized
society.
(7) A person who contravenes any provison of this section
is guilty of an offence.
Dogs to be acquired from a legitimate source
5 (1) No person shall keep a dog unless —
(a) it was acquired from a litter born in Bermuda under
the authority of a breeding licence;
(b) it was lawfully imported into Bermuda;
(c) it was lawfully obtained from the Department; or
(d) it was lawfully obtained through an administrative
programme approved by the Director in writing.
(2) A person who keeps a dog which did not originate from
a source mentioned in subsection (1) is guilty of an offence.
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Issue of licences
6 (1) The Director may, subject to such conditions as the
Director thinks fit and on payment of the appropriate fee, issue a
dog licence and identification tag to a person who applies for them
(“the applicant”) if the Director is satisfied that —
(a) the applicant is a suitable person to hold a licence;
and
(b) the premises where the dog is to be kept is suitable
for that purpose.
(2) A dog licence shall be valid for a period of one year, or
such period as the Director may determine, from the date on which
the licence is issued or from such other date as may be specified in
the licence.
(3) A dog licence is valid only for the dog in respect of
which it is issued.
(4) An application for a dog licence shall be in such form as
the Director may determine and shall contain the name and address
of the owner of the dog and, if the dog will not be kept by the owner,
the name of the person keeping the dog and the address at which
the dog will be kept.
(5) A dog licence shall be in such form as the Director may
determine and shall be numbered and accompanied by an
identification tag which shall —
(a) bear a number identifying the dog; and
(b) be suitable for attachment to the dog’s collar or
harness.
(6) The Director, on issuing a licence, shall give the person
to whom it is issued —
(a) a receipt for the licence fee showing the licence
number; and
(b) except on the renewal of an existing licence, an
identification tag which shall bear the licence
number.
(7) Where the owner of a dog seeks to re-licence a dog, the
Director may, before issuing the dog licence, require the owner of
the dog to pay the licence fee for each year or part of a year that
the dog has not been licensed, up to a maximum of three years.
(8) The Director shall keep such registers and records of
dogs, dog owners, dog keepers and dog licences as the Minister may
direct.
(9) The Director may require production of the
identification tag or proof of the expired licence of a dog before
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issuing a dog licence in respect of any dog that has been previously
licensed.
Identification tags and collars
7 (1) The owner or keeper of a dog shall cause the dog to
wear at all times, while in a public place, a collar or harness to
which is attached the identification tag issued with its licence.
(2) If the Director is satisfied that a dog’s identification tag
has been lost, he may, on production of the dog licence receipt and
payment of the appropriate fee, issue a duplicate identification tag
bearing the dog’s licence number. The Director shall record the note
“duplicate tag issued” on the dog licence and date the note.
(3) Notwithstanding subsection (1), the Director may
permit specified dogs or classes of dogs to be without a collar or
harness or an identification tag in a place and at a time to be
designated by the Director.
(4) A person who contravenes subsection (1), unless the
person has a permit given under subsection (3), commits an offence.
Prohibition on keeping more than two dogs
8 (1) A person shall not keep, or permit to be kept, more
than two dogs on any premises unless the person —
(a) has the Director's written permission to do so; and
(b) keeps the dogs, or permits them to be kept, on the
premises in conformity with such conditions as the
Director may specify in the permission.
(2) The Director shall not grant permission under
subsection (1) unless the Director —
(a) is satisfied that the premises are suitable for the
keeping of dogs of the number and type for which
permission is sought; and
(b) has taken the number of dogs already being kept on
the premises into account before granting the
permission.
(3) A person who contravenes subsection (1) is guilty of an
offence.
Licences for boarding, brokering and guarding operations
9 (1) A person shall obtain a licence under this section if that
person intends to —
(a) keep dogs belonging to another person for which a
charge is made; or
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(b) keep dogs in the course of a sale or transfer of
ownership of dogs; or
(c) train or keep dogs for guard duties other than the
guarding of the person’s own premises.
(2) A person who intends to carry on an activity specified
in subsection (1) shall apply to the Director for a licence under this
section.
(3) The Director may, subject to such conditions as the
Director may think fit, and upon payment of the appropriate fee,
issue a licence under this section to a person who applies for one
("the applicant") if the Director is satisfied—
(a) that the applicant is a suitable person to hold a
licence for the activity in question; and
(b) that the premises where the activity will be carried
on are suitable.
(4) A licence issued under this section shall —
(a) state the name of the licensee;
(b) identify the premises to which the licence relates;
(c) state the activity for which the licence is issued; and
(d) state the terms and conditions applicable to the
licence.
(5) A licence issued under this section shall be valid for a
period of one year from the date on which it is issued or from such
other date as may be specified in the licence.
(6) A person who contravenes subsection (1) or who
contravenes any condition of a licence is guilty of an offence.
Breeding licences
10 (1) No person shall breed a dog unless they hold a breeding
licence for the breeding of that dog.
(2) No person shall be the keeper of a dog that has been
bred without a breeding licence.
(3) A person who intends to breed a dog shall apply to the
Director for a breeding licence.
(4) The Director may, subject to such conditions as the
Director thinks fit and on payment of the appropriate fee, issue a
breeding licence to a person who applies for one ("the applicant") if
the Director is satisfied that —
(a) the applicant is a suitable person to hold a breeding
licence;
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(b) the premises where the puppies will be whelped and
weaned are suitable for those purposes; and
(c) the female dog that is to be bred has not been bred
more than twice in the fifteen months immediately
preceding the date of the application for a breeding
licence.
(5) A breeding licence shall —
(a) state the name of the licensee;
(b) identify the premises where the breeding will be
carried on;
(c) identify the female dog that is to be bred and the
male dog that it is to be bred with;
(d) be valid for such period not exceeding 90 days after
the anticipated whelping date as may be specified in
it;
(e) be untransferable; and
(f) contain any other terms and conditions that the
Director may attach to the licence.
(6) A breeding licence shall be authority for the production
of a single litter, and the licensee shall notify the Director of the
birth of the litter within 14 days of the birth.
(7) In considering whether to issue a breeding licence the
Director may take into consideration the breed of the dogs or the
potential for the dogs that would be produced from the breeding to
become a danger to human or animal health or to public safety.
(8) A person who contravenes subsection (1), (2) or (6) or
any condition of a breeding licence is guilty of an offence.
Cancellation of licences
11 The Director may cancel a licence issued under section 9 or
10 if the Director is satisfied that —
(a) a person to whom a licence under section 9 or 10
has been issued is no longer a suitable person to hold
the licence;
(b) the premises to which such a licence relates are no
longer suitable for the activity for which they are
being used;
(c) any dog for the time being kept or to be kept by a
person to whom a licence under section 9 or 10 has
been issued is a potential danger to human or animal
health or to public safety; or
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(d) the terms and conditions of a licence are not being
complied with.
Appeals
12 (1) A person aggrieved by a decision of the Director not to
issue a licence under section 9 or 10, or to cancel such a licence
under section 11, may appeal against that decision to a court of
summary jurisdiction, whose decision on the appeal shall be final.
(2) The Chief Justice may make rules prescribing the
procedure for appeals under subsection (1).
Seizure and disposal of dogs
13 (1) Where an Officer has reasonable grounds to believe that
a person has committed the offence of —
(a) breeding dogs without a breeding licence issued
under section 10 or of being in contravention of the
conditions specified under that section; or
(b) keeping dogs at any premises in contravention of
section 8(1) or of being in contravention of any
condition specified in a permission issued pursuant
to that section;
the dogs that are the subject of the offence may be seized in
which case they shall be maintained by the Department,
until final determination of the offence.
(2) An Officer, on producing, if so required, some duly
authenticated document showing his authority, shall have a right at
all reasonable hours to enter any premises for the purposes of
ascertaining whether there is or has been on the premises any
contravention of subsection (1).
(3) But admission to any premises used as a private
dwelling shall not be demanded as of right unless 24 hours notice of
intended entry has been given to the occupier.
(4) A Justice of the Peace may by warrant under his or her
hand authorize an Officer to enter premises, if need be by force,
where it is shown to the satisfaction of the Justice of the Peace on
sworn information in writing that—
(a) admission to any premises has been refused;
(b) refusal is anticipated;
(c) the premises are unoccupied;
(d) the occupier is temporarily absent;
(e) evidence may be destroyed or removed; or
(f) the case is one of urgency.
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(5) Where an Officer enters any premises, under this
section, and the owner of the premises appears to be absent, the
Officer shall leave a notice of seizure—
(a) signifying that he believes an offence referred to in
subsection (1) has been committed;
(b) signifying the provision of law that he suspects gives
rise to the offence; and
(c) indicating where the dog is being kept.
(6) Where a person is convicted of an offence referred to in
subsections (1)(a) or (b) the court —
(a) may order the forfeiture or destruction of any dog in
respect of which the offence is committed; and
(b) may order the person to be disqualified, for such
period as the court thinks fit, from having custody of
a dog.
(7) Where a court makes an order under subsection (6) for
the forfeiture or destruction of a dog that is owned by a person
other than the convicted person, the owner may appeal to the
Supreme Court against the order.
(8) A dog shall not be forfeited or destroyed pursuant to an
order made under subsection (6) —
(a) until the end of the period for giving notice of appeal
against conviction; or
(b) if notice of appeal is given within that period, until
the appeal is determined or withdrawn,
unless the convicted person or, in a case to which
subsection (7) applies, the owner of the dog gives notice to
the court that made the order that there is to be no appeal.
(9) Where a court makes an order under subsection (6) (a)
to destroy a dog it shall —
(a) order the Director or any other person to undertake
the destruction of the dog and require any person
having custody of it to deliver it up for that purpose;
and
(b) order the convicted person to pay such sum as the
court may determine to be the reasonable expenses
of destroying the dog and of keeping it pending
destruction.
(10) Any sum ordered to be paid under subsection (9)(b) shall
be treated for the purposes of enforcement, in lieu of any other fine
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that the court could impose, as if it were a fine imposed on
conviction.
(11) Any person who is disqualified from having custody of a
dog by virtue of an order under subsection (6)(b) may, at any time
after the end of a period of one year beginning with the date of the
order, apply to the court that made it for an order terminating the
disqualification.
(12) On an application made under subsection (11) the court
may —
(a) having regard to the applicant’s character, his or her
conduct since the disqualification was imposed and
any other circumstances of the case, grant or refuse
the application; and
(b) order the applicant to pay all or part of the costs of
the application.
(13) Where it has been determined that an offence under
section 8(1) or 10 has not been established or that a dog seized
under section 27(5) is licenced, to the satisfaction of the court, the
court shall order that the dog seized be returned to its lawful owner
within seven days from the date of such determination.
(14) An order made under subsection (9) shall not be
effective until —
(a) the time for appealing to the Supreme Court against
the determination of the court has expired; or
(b) if such an appeal to the Supreme Court has been
made, until conclusion of that appeal and in
accordance with such terms as the Supreme Court
may order.
Water, shelter and movement
14 (1) No person shall leave a dog unattended on any premises
unless the dog —
(a) has access to drinking water;
(b) has reasonable shelter against the sun, wind and
rain; and
(c) is able to move freely within an area that is not less
than eighteen square feet.
(2) Where a person tethers a dog by a chain that person
shall ensure that the thickness of each link of the chain does not
exceed 1/4 inch.
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(3) The Director may from time to time issue guidance as
to the proper methods for containing or restraining dogs in a
manner which allows freedom of movement of the dog.
(4) Any person who leaves a dog in contravention of
subsection (1) or tethers a dog in contravention of subsection (2)
commits an offence.
Female dogs in heat
15 (1) No person shall keep or leave a female dog in heat in
any place which will permit a male dog to approach it, and no
keeper of a female dog shall allow a male dog to approach it, unless
the keeper of both dogs desire the approach for the purpose of
breeding.
(2) Any person who contravenes subsection (1) commits an
offence.
Leash required when dog in a public place
16 (1) No person shall permit a dog to be taken into a public
place unless the dog is —
(a) on a leash, in a carrier, or otherwise constrained; or
(b) in an area designated by the Director by way of an
order published in the Gazette as an area where dogs
are allowed to be off leash.
(2) Any person who takes a dog into a public place in
contravention of subsection (1) commits an offence.
(3) An order made under subsection (1) is not a statutory
instrument for the purposes of the Statutory Instruments Act 1977.
Dogs wearing spiked collars or items made for an offensive purpose
17 (1) It is an offence for an owner or keeper of a dog to cause
or allow a dog to —
(a) wear a spiked collar, or spiked harness or a collar or
harness that could reasonably pose a danger to
persons or other animals;
(b) wear a spiked collar, or spiked harness that has been
made or adapted for an offensive purpose; or
(c) wear any item or thing that has been made or
adapted for an offensive purpose.
(2) Where an owner or keeper is charged with an offence
under subsection (1) (b) or (1) (c), the owner or keeper shall be
presumed to have intended the spiked collar, spiked harness, item
or thing, to be used for an offensive purpose until the contrary is
proven.
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Protection from dogs
18 (1) A police officer designated by the Commissioner of
Police or any person designated by the Director may lawfully
destroy a dog which they see attacking a person or a domestic
animal or bird.
(2) The Director may, on any land, with the permission of
the occupier of the land —
(a) set traps of a type approved by the Minister for the
purpose of capturing stray dogs; or
(b) tranquilize stray dogs in a manner approved by the
Minister.
(3) If the Minister is satisfied that there is no other
practicable way to control stray dogs in a particular area, the
Minister may authorize the Director to lay poison for such dogs in
such area in accordance with a system approved by the Minister and
with the agreement of with the occupier of such area.
(4) Any person, other than the Director who lays poison in
any area or on any land in a manner likely to kill dogs commits an
offence.
(5) Any person who releases a dog from a trap placed in any
area or on any land by the Director or who interferes with such a
trap commits an offence, unless the person has received
authorization from the Director to do so.
Stray dog offence
19 The keeper of a dog who permits the dog to stray commits
an offence:
Provided that it shall be a defence to any prosecution under this
section that the keeper took all reasonable precautions to prevent
the dog from straying and that it strayed without his or her
knowledge and consent.
Procedure when stray dog found or seized
20 (1) Any person who finds a stray dog may seize the dog and
shall —
(a) return the dog to its owner or keeper;
(b) take the dog to the Department, or to a recognized
society or to a police station; or
(c) notify the Director that they are in possession of a
stray dog.
(2) On receiving the notification referred to in subsection
(1) (c), the Director shall direct the person in possession of the dog
as to the proper disposition of the dog.
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(3) Where a stray dog has been seized under this section,
the person in possession of the dog shall ensure that the dog is
properly cared for and shall inform the Director of the whereabouts
of the dog.
(4) Where the Director has been informed of the
whereabouts of a dog under subsection (3), the Director shall —
(a) if the owner or keeper of the dog is known, serve
notice on the keeper by personal visit or registered
letter of the whereabouts of the dog and require
them to collect it; or
(b) if the owner or keeper is not known, retain the dog
in kennels that are used for keeping stray dogs
secure.
(5) The keeper of a dog seized under this Act shall, when
they claim the dog, pay the person who cared for the dog the
appropriate fee and the reasonable cost of keeping the dog from the
day it was seized until it was claimed.
(6) Subject to subsection (7), where a dog has been seized
and detained for a period of not less than four days, the Director
may —
(a) sell or give the dog to a person approved by the
Director who shall thereby obtain a good title to the
dog; or
(b) arrange for the dog to be destroyed in a humane
manner.
(7) The Director may sell or dispose of a dog referred to in
subsection (6) where —
(a) a personal visit has been made, or a notice has been
served, under subsection (4) (a) and the dog has not
been claimed by any person within four days of the
visit or of the receipt of the notice;
(b) the keeper of the dog is unknown and cannot be
traced by any reasonable means;
(c) the dog has been claimed but the claimant has failed
either —
(i) to establish to the satisfaction of the person
in possession of the dog that the claimant is
the keeper of the dog or the duly authorized
agent of the keeper; or
(ii) to pay any sum due under subsection (5); or
(d) an uncollected registered letter sent in accordance
with this Act has been returned to the Department.
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(8) A dog shall not be sold or otherwise disposed of under
this section for the purposes of vivisection or any other form of
experiment or research.
(9) A dog shall not be sold or given to any person by the
Director or a recognized society unless that person has first
licensed the dog.
(10) Where a dog has been sold or disposed of under
subsection (6) the keeper of the dog shall be liable to the Director
for any sum payable under subsection (5) and for any expenses
incurred in the disposal of the dog in excess of any money received
on the sale or disposal.
(11) Where the money received upon the sale of the dog
exceeds the amount of the expenses incurred, the Director or the
recognized society, as the case may be, shall not pay the balance to
the keeper of the dog but shall retain such balance for the purpose
of defraying expenditure incurred by the Director or the society in
the discharge of their respective functions under this Act.
Action for damages
21 (1) When a dog causes death or injury to a person or an
animal or causes damage to property it shall not be necessary for
the plaintiff in an action brought in respect of such death, injury or
damage to prove —
(a) a previous mischievous propensity in the dog;
(b) any knowledge on the part of the keeper of the dog
of such previous mischievous propensity; or
(c) that the injury or damage complained of was
attributable to neglect on the part of the keeper of
the dog.
(2) It shall be a defence to an action brought in respect of
death, injury or damage caused by a dog to show that the action of
the dog was caused by the unreasonable behaviour of some person
other than the keeper or the owner of the dog.
(3) Notwithstanding subsection (2) where a dog causes
death, injury or damage, the keeper of the dog shall be liable in
damages for such death or injury or damage unless they can show
that the person (or the animal) was trespassing on his property or
the property of a person in lawful control of the dog.
Dogs out of control
22 (1) Subject to subsections (3) and (4), a person who keeps a
dog commits an offence if the dog —
(a) causes death or injury to a person or animal;
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(b) causes damage to the personal property of another
person;
(c) causes damage to a crop or plant, or other
vegetation, the property of, or under the care of,
another person;
(d) strays off the property of the keeper;
(e) repeatedly makes noise to the annoyance of one or
more persons in the neighbourhood;
(f) deposits faeces on property other than property of
the keeper and the person fails to collect the faeces
and dispose of it in a reasonable manner; or
(g) repeatedly soils, with urine or faeces, property of, or
under the care of, another person without that
person’s consent.
(2) The fact that frequent barking occurs at the premises
to the annoyance of one or more persons in the neighbourhood is
evidence of an offence against subsection (1) (e).
(3) Where a person has been injured or the personal
property of a person has been damaged by the act of a dog, an
offence is not committed against subsection (1) (a), (b) or (c) if the
act of the dog was provoked by a criminal act committed by the
person or by behaviour of the person which was otherwise
unreasonable in the circumstances.
(4) Where an animal has been injured or damaged by the
act of a dog, an offence is not committed against subsection (1)(a) if
the act of the dog was provoked by an attack made, or threatening
behaviour exhibited by the animal being attacked directed against
the dog or a person accompanying the dog.
Power of court with respect to dangerous dogs
23 (1) Where —
(a) a person has been convicted of an offence under
section 22 in respect of a dog; or
(b) it is made to appear to a court of summary
jurisdiction that a dog is dangerous or is likely to
spread disease to any person or animal,
then the court may order that —
(c) the dog be destroyed; or
(d) the person who is keeping the dog observe such
requirements in relation to the future keeping of the
dog or other dogs as the court may order.
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(2) A person who fails to comply with a requirement
imposed upon them by an order made under subsection (1) (b) is
guilty of an offence.
(3) Where a court that has convicted a person of an offence
under subsection (2) in respect of a dog is not satisfied that the dog
can or will be properly controlled in the future, the court may, in
addition to punishing that person for the offence, order the
destruction of the dog.
Emergency orders
24 (1) Without prejudice to section 22 or 23, where an Officer
is of the opinion that the behaviour or condition of a dog is an
immediate danger to any person or animal unless immediate steps
are taken, the Officer shall seize the dog and deliver it to a secure
place under the Department's control, and as soon as practicable
thereafter make application to a court of summary jurisdiction for
an order under this section.
(2) If the court is satisfied at the hearing of the application
that there is an immediate danger to any person or animal the
court, whether or not the keeper of the dog or any other person has
been heard, may make an order under this section (an "emergency
order") that the dog shall be kept at a secure place under the
Department's control until the court orders otherwise.
(3) An emergency order —
(a) may be made subject to such conditions as are
specified in the order;
(b) shall be served, in such manner as is specified in the
order, upon the keeper of the dog immediately
before it was seized, if that person is ascertainable;
and
(c) shall have effect for such period, not exceeding six
months, as is specified in the order.
(4) If upon the hearing of an application under subsection
(1) the court is not satisfied that there is an immediate danger to
any person or animal, the court shall order that the dog be restored
to the person who was the keeper of the dog immediately before it
was seized, if that person is ascertainable.
(5) Where an emergency order is made, an Officer shall as
soon as practicable institute proceedings under section 23 for such
order as the court mine find necessary or expedient in the
circumstances.
(6) When proceedings referred to in subsection (5) are
heard, a court of summary jurisdiction has power to extend or
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modify or cancel the emergency order affecting the dog to which
the proceedings relate.
Procedure for orders under section 23 or 24
25 (1) An order may be made under section 23 or 24 in
relation to a dog in the course of any proceedings in a court of
summary jurisdiction in which the behaviour or condition of the
dog is in question or comes into question, whether those
proceedings are civil or criminal and whether they are brought or
taken under this Act or under any other provision of law.
(2) An Officer shall be competent to make an application to
a court of summary jurisdiction for an order under section 23 or 24,
but the making of an application under either of those sections is
not a necessary condition precedent to the exercise by a court of
summary jurisdiction of the powers mentioned in subsection (1).
(3) An application for an order under sections 23 or 24
shall be made by a complaint which names the keeper or owner in
charge of the dog as the respondent.
Identification of seized dogs
26 Where a dog comes into the control of the Director or a
recognized society under this Act, the Director shall cause the dog
to be permanently identified by having a microchip inserted
beneath its skin, if it does not already have one.
Powers of authorized Officers
27 (1) An Officer authorized in writing by the Director may, on
production, if so required, of a duly authenticated document
showing his authority, enter at all reasonable hours any premises
where a dog is kept or where the Officer reasonably believes a dog is
being kept for the purposes of ascertaining whether there is or has
been any contravention of this Act:
Provided that admission to any premises shall not be demanded
unless twenty-four hours notice of the intended entry has been
given to the occupier.
(2) A Justice of the Peace may by warrant under his or her
hand authorize the Officer to enter the premises, if need be by
force, where it is shown to the satisfaction of the Justice of the
Peace on sworn information in writing that —
(a) admission to any premises has been refused;
(b) refusal is anticipated;
(c) the premises are unoccupied;
(d) the occupier is temporarily absent;
(e) evidence may be destroyed or removed; or
DOGS ACT 2008
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(f) the case is one of urgency.
(3) An Officer entering any premises in pursuance of
powers conferred by this section may take with them a veterinary
practitioner or any other Officer.
(4) An Officer may require any person in charge of a dog to
show them the dog licence in respect of the dog and to give such
particulars as the Officer may require in relation to the person and
the keeper of the dog.
(5) If a person in charge of a dog fails to produce a current
dog licence in respect of the dog within three days of being
requested to do so by an Officer, the Director may seize the dog and
treat it as a stray dog.
(6) Any person who obstructs an Officer in the execution of
their functions under this Act or who disposes or attempts to
dispose of evidence of an offence against this Act or the regulations
made hereunder or fails to comply with a requirement under
subsection (4) is guilty of an offence.
Requirement to give information in connection with offence
committed under the Act
28 (1) Where an Officer has reason to suspect that a person
has committed an offence against this Act, the Officer may require
that person to give their name and address and to produce, within
three days of being so required, any licence that has been issued to
them under section 9 or 10 of the Act.
(2) Any person who refuses or fails to comply with a
requirement made under subsection (1) commits an offence against
this Act.
(3) Without prejudice to any provision of any Act
authorizing arrest without warrant, a police officer may arrest
without warrant a person the police officer has reason to suspect of
having committed an offence against this Act if that person, on
being requested to do so by the police officer, refuses to comply
with a requirement under subsection (1).
General penalty
29 (1) Offences against this Act shall be prosecuted before a
court of summary jurisdiction.
(2) A person found guilty of an offence under this Act is
liable to imprisonment not exceeding six months or to a fine not
exceeding $10,000 or to both imprisonment and fine; provided that
in the case of a second or subsequent conviction under the same
provision, the maximum fine shall be an amount not exceeding
$20,000.
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Compensation
30 (1) Where the keeper of a dog is convicted of an offence
under this Act or where a court makes an order under section 23, if
the court is satisfied that as a result of the conduct of the dog in
respect of which the proceedings were brought any person suffered
injury or loss then the court, after hearing such evidence as it
deems necessary, shall order the keeper of the dog to pay the
person who suffered the injury or loss such compensation as the
court deems just.
(2) In assessing the amount of compensation payable under
subsection (1) the court shall take into account the extent to which
the behaviour of the person or animal who suffered injury or loss or
of any other person or animal caused the dog to act in the way it
did.
(3) Where a court without convicting the keeper of a dog of
any offence orders the keeper of the dog to pay compensation under
this section or refuses to make such an order, an appeal shall lie to
the Supreme Court against the decision of the court and section 5
of the Criminal Appeal Act 1952 shall apply to such an appeal as if
the keeper of the dog had been convicted.
(4) A court awarding damages in a civil action brought in
respect of the same circumstances as those in respect of which
compensation has been awarded under subsection (1) shall take into
account the amount of compensation awarded.
Regulations
31 (1) The Minister may make regulations under this section
prescribing anything that is necessary or convenient to be
prescribed for carrying out this Act or giving effect to it, or that is
required or permitted by this Act to be prescribed.
(2) Without prejudice to the generality of subsection (1),
regulations made by the Minister under this section may provide for
all or any of the following —
(a) the leashing of dogs;
(b) the muzzling of dogs;
(c) the kennelling or caging of dogs;
(d) the neutering or spaying of dogs;
(e) the tattooing of dogs;
(f) the identifying of dogs;
(g) the excluding of dogs from certain places;
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(h) the imposing of special conditions in connection
with the licensing of dogs or of premises where dogs
are bred or to be bred;
(i) the keeping of dogs;
(j) the breeding of dogs;
(k) the controlling of dangerous or potentially
dangerous dogs;
(l) the licensing and socialization of dogs.
(3) Regulations may divide, or have regard to the divisions
of, dogs into different breeds or kinds or categories, and may make
different provision (whether by way of exemption from, or increase
or reduction in, the incidence of obligations or in any other way) in
relation to different breeds or kinds or categories of dogs.
(4) Regulations may create offences and prescribe penalties
for such offences but not exceeding the penalty fixed by section 29.
(5) Regulations made under this section are subject to the
negative resolution procedure.
Authorization of ticketing
32 Without prejudice to the procedure set out in the Summary
Jurisdiction Act 1930 for the laying of information and for issuing a
summons, an information may be laid and a summons issued for
offences specified in the Schedule by means of a ticket issued in
accordance with this Act.
Form of ticket
33 (1) A ticket shall, subject to this Act, be in the form
prescribed in regulations made under section 41 and shall consist of
three parts, an information, a summons and a record of conviction.
(2) The use on a ticket of any word or expression in the
Schedule describing the offence, or any word or expression
substantially to the same effect, in relation to an offence under this
Act is sufficient for all purposes in connection with proceedings for
that offence to describe the offence.
Issue of ticket
34 Where an Officer has reasonable cause to suspect that a
person has committed an offence under this Act the Officer may
issue a ticket under this Act to that person by delivering to, or
serving, the person the summons part of the ticket in accordance
with section 35.
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Summons
35 (1) The Officer who issues a ticket shall, upon completing
and signing the summons part of the ticket, either deliver the
summons part to the person charged under this Act in respect to
which the ticket is issued or serve it on that person by sending it by
registered mail to the person’s last known address.
(2) Unless the contrary is shown, the date of service of a
summons served by registered mail is the fourteenth day after it
was sent to the address referred to in subsection (1).
(3) Where the summons part of the ticket is delivered to
the person charged, the Officer shall request the person charged
with an offence under this Act to sign the ticket in the place
provided for it and the person’s signature shall be sufficient proof
that the person has received the summons.
(4) A person charged with an offence under this Act who
refuses without reasonable excuse to accept delivery of the
summons part of the ticket under subsection (1) commits an
offence:
Punishment on summary conviction: a fine of $100.00.
Payment of penalty out of court
36 (1) An Officer who issues a ticket in respect to an offence
under this Act may enter on the summons part of the ticket the
amount of any penalty specified in the Schedule for that offence, in
which case the Officer shall endorse the back of the summons part
of the ticket with notice that the person to whom the summons is
directed may, within seven days after delivery or service of the
summons as the case may be, pay out of court the specified penalty.
(2) Where a summons is endorsed under subsection (1), it
shall provide for a plea of guilty in the following form —
PLEA OF GUILTY
I am aware that I have a right to a hearing in respect of the offence
with which I am charged and that by signing this plea of guilty I am
waiving my right to a hearing and my signature may result in a
conviction against me without a hearing. I hereby plead guilty to
the offence as charged and consent to be convicted of the offence in
my absence.
[blank]
Signature of Defendant
(3) A signature affixed to the form of Plea of Guilty
purporting to be that of the person to whom the summons is
directed is prima facie proof that it is the signature of that person.
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(4) Upon receipt of a summons duly signed with a plea of
guilty and of the amount of the penalty specified in the summons,
an officer of the court shall issue an official receipt for the amount
of that penalty and shall place the summons before the court.
(5) The court shall formally convict the person charged
with an offence under this Act specified in the summons and no
further penalty may be imposed in respect of the offence.
(6) If a person charged with an offence under this Act does
not plea guilty to the offence and pay the penalty specified in the
summons, the person shall appear at the time and place specified in
the summons for the hearing of the charge, and if they fail to
appear, the court may proceed in accordance with section 4 of the
Summary Jurisdiction Act 1930.
Information
37 (1) The information part of the ticket shall be —
(a) signed by the Officer who issues the ticket;
(b) sworn before a justice of the peace or a magistrate;
and
(c) deposited with the court, together with the record of
conviction part of the ticket.
(2) The information part of the ticket need not be sworn to
before the summons part is delivered or served and the Officer who
signed, swore and issued the ticket need not be the person who
delivers or serves the summons.
Amount of penalty
38 Nothing in this Act prevents the court from imposing any
penalty authorized by law in regards to offences under this Act if —
(a) no amount is entered on the summons; or
(b) the person charged does not plea guilty to the
offence and pay the penalty specified in the
summons.
Record of conviction
39 Where the court makes a conviction on a ticket information
in respect of an offence under this Act, the court shall complete the
record of conviction part of the ticket and an officer of the court
shall cause a copy of it to be forwarded to the Commissioner of
Police.
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Amendment of Schedule
40 (1) The Minister may make regulations to amend the
Schedule, including adding or deleting offences or changing the
amounts of penalties specified for offences.
(2) An amount specified by the regulations as the penalty
for an offence shall not exceed the maximum amount, or be less
than any minimum amount, established for the offence by the
enactment that creates the offence.
(3) Regulations made under this section are subject to the
negative resolution procedure.
Prescription of ticket by the Minister
41 (1) The Minister may make regulations prescribing the
form of ticket for the purposes of this Act.
(2) Regulations made under this section are subject to to
the negative resolution procedure.
Repeal
42 The Dogs Act 1978 is repealed.
Commencement
43 (1) This Act or any of its provisions shall come into force
on such day as the Minister may appoint by notice published in the
Gazette.
(2) Different days may be appointed under subsection (1)
for different provisions of this Act.
SCHEDULE
OFFENCES AND PENALTIES
DESCRIPTION OF OFFENCE PROVISION OF
LAW
PENALTY
Unlicensed dog Section 4 $250
Failure to microchip dog Section 4 $100
Failing to notify Director
(death, moving overseas)
Section 4 $50
Obtaining dog from an
unlawful source
Section 5 $500
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Dog without a licence tag Section 7 $50
Keeping excessive number of
dogs
Section 8 $500
Unlicensed professional
activity
Section 9 $1,000
Unlicensed breeding Section 10 $1,000
Inadequate water, shelter,
movement
Section 14 $200
Heavy chain Section 14 $100
Keeping a female dog so to
permit unintended breeding
Section 15 $500
Unleashed dog in public
place
Section 16 $50
Spiked collar/harness Section 17 $50
Laying of poison Section 18 $500
Unauthorized release from
trap
Section 18 $250
Stray Section 19 $100
Soils property Sections 22 $50
Barking/Noise Section 22 $200
