Keeping of Animals Act

Link to law: http://www.moj.gov.jm/laws/keeping-animals-act
Published: 1979-11-15

KEEPING OF ANIMALS - - I

THE KEEPING OF ANIMALS ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.
3. Order restricting the keeping of animals in certain areas.
4. Duty of Competent Authority to give pwblicity to orders.
5. Licence for the keeping of animals in restricted areas.
6. Appeals from refusal, revocation etc., of licence.
7. Penalty for allowing animals to be at large.
8. Prohibited animals found in prohibited arcas to be forfeited.
9. Appointment of authorized officer.

10. Power of police in relation to animals found in certain areas,
11. Penalty for obstructing the police.
12. Penalty for obstructing authorized officer.
13. Construction and interpretation of this Act in relation to the

Pound Act.

We idusion of this page is authorized by L.N. 57/19SOJ

KEEPING OF ANIMALS 3

THE KEEPING OF ANIMALS ACT

[15rh November, 1979.1 26 of Art ins.

1. This Act may be cited as the Keeping of Animals Act. Short title.

2. In this Act-
Interprda- “animal” means any horse, mare, gelding, foal, colt, tion.

filly, mule, ass, bull, ox, steer, heifer, calf, sheep,
lamb, goat, kid, hog, pig, or any other animal
declared by the Minister by order, to be an animal
to which this Act applies;

“Competent Authority” means-
(a) in relation to any area within the Corporate

Area as defined in the Kingston and St.
Andrew Corporation Act, the Council of the
Kingston and St. Andrew Corporation; and

(b) in relation to an area within any other parish,
the Parish Council of that parish;

“exempted animal” means an animal kept for any of
the following pwposes or under any of the follow-
ing conditions, that is to say-
(a) an animal kept for experimental research in

any place appointed for the purpose by a
Competent Authority; and

(b) an animal kept as part of a zoological collec-
tion approved by a Competent Authority;

(c) an animal seized under the provisions of this
Act or the Pound Act and kept for a period
not exceeding three days for the purpose of

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4 KEEPING OF ANIMALS

taking proceedings or any other step to en-
force the Pound Act or this Act, as the case
may be;

(d) an animal purchased within a prohibited area
or restricted area and kept for a period not
exceeding three days before removal there-
from;

(e) any animal in a pound, slaughter house or a
market;

(f l such other animal as may be prescribed by the
Minister by order;

“owner of an animal” means the owner in possession
or person in charge of any animal;

“owner of land” means the owner, lessee or occupier
of land and their respective servants or agents;

“pound’’ means any pound established under the Pound
Act:

“prescribed animal” means an animal, not being an
exempted animal, specified in an order under para-
graph (b) of subsection (1) of section 3;

“prohibited animal” means an animal, not being an
exempted animal, specified in an order under para-
graph (a) of subsection (1) of section 3.

Order 3.-(1) The Minister may from time to time, by order, as

(a) prohibit the keeping of any animal specified in the
order (in this Act referred to as a “prohibited
animal”) within any area specified in the order
(hereinafter referred to as a “prohibited area”);

(b) restrict or control the keeping of any animal (in
this Act referred to as a “prescribed animal”’) with-
in any area specified in the order (hereinafter
referred to as a “restricted area”) so as to ensure

restricting

of animals
in c e m

keepng from such date as may be specified in the order-

areas.

me inclusion of this p a p is autborued by LN. 57119801

KEEPING OF ANIMALS

that such animal is not kept otherwise than under
the authoiity of a licence issued by a Competent
Authority for the purpose.

(2) An order under subsection (1) may contain such
supplementary and ancillary provisions as the Minister con-
siders necessary to give full effect thereto.

(3) Any person who keeps an animal in contravention
of any order made under this section shall be guilty of
an offence and shall be liable on conviction in a Resident
Magistrate’s Court to a fine not exceeding two hundred
dollars or, in default of payment, to imprisonment with or
without hard labour for a term not exceeding three months.

5

4. Where an order is made under section 3 in respect of Dutyof
any area, it shall be the duty of the Competent Authority 2;z;t
for that area to give public notice thereof in such manner tosive.
as such Authority thinks best suited to bring the purport toorderS.
of such notice to the attention of persons likely to he affected
thereby.

publicity

5 . 4 1 ) Where any person desires to keep any prescribed Licenoe
animal in a restricted area he shall apply to the Competent
Authority for that area for a licence for the purpose.

(2) Every application for a licence under sub-section
(1) shall-

(a) be made in the prescribed form and manner;
(b) contain the prescribed particulars; and
(c) be accompanied by the prescribed fee.

oi
animalsin
restricted

(3) On an application pursuant to subsection (l), the

(a) that the place where the prescribed animals are
to be kept provides adequate space and other
amenities suitable for the number of animals to
be kept therein, and

Competent Authority if satisfied-

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D1

6 KEEPING OF ANIMALS

(b) that no health hazard or nuisance will arise from
the use of that place for the purpose of keeping
such animals,

may grant the application or grant such application subject
to such conditions or limitations as the Competent Authority
may consider desirable; and in any other case shall refuse
the application.

(4) A licence issued under this section-

( U ) shall be valid for a period of one year from the
date of issue and, unless (subject to subsection (5))
the Competent Authority otherwise decides, may
be renewed from year to year on payment of the
prescribed fee; and

(b) may, subject to subsection (5), be revoked by the
Competent Authority at any time if it is satisfied
that the licensee has not complied with the terms
and conditions of the licence.

(5) Before revoking or refusing to renew a licence the
Competent Authority shall give to the licensee notice of
its intention to consider whether such licence should be
revoked or not renewed and shall specify in such notice
the contraventions that have been brought to the atten-
tion of the Competent Authority and shall take into con-
sideration any representation made by or on behalf of the
licensee.

Appeals
from
refusal,

z,:Ztio’’
licence.

6.-(1) Any person aggrieved by a decision of a Com-
petent Authority refusing an application for a licence or
revoking or refusing to renew a licence or attaching condi-
tions to any licence may, on such terms and manner as may
be prescribed, appeal to the Minister against such decision.

(2 ) The Minister may allow or dismiss the appeal or
may reverse or vary any part of the decision of the
Competent Authority.

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KEEPING OF ANIMALS

(3) The decision of the Minister on such appeal shall
be final and conclusive.

7

7. Whosoever shall allow-
(a) m y prohibited animal to be at large within a pro- animals to

hibited area; or
(b) any prescribed animal to be at large within a

restricted area,
shall be guilty of an offence and liable on sumniary con-
viction in a Resident Magistrate’s Court to a fine not ex-
ceeding $400 or to imprisonment with or without hard
labour for a term not exceeding six months.

Penalty for
allowcng

be at large.

&-(I) All prohibited animals found within a prohibited Prohibited
animals area shall be forfeited to the Competent Authority for dis- f ound in
prohibited
areas to be
forfeited.

posal.

(2) Any prescribed animal found in a restricted area
in contravention of this Act or of any licence thereunder,
or a prohibited animal found in a prohibited area may
be impounded under the Pound Act, and that Act shall,
mututis niurandis, apply accordingly subject to such modi-
fications as may be prescribed by the Minister, by order,
for the purpose of giving effect to the provisions of this
Act.

9. It shall be lawful for a Competent Authority to appoint Appoint-
one or more persons (hereinafter referred to as an “author- authorized
ized officer”) to enforce the provisions of this Act within the officer.
limits of jurisdiction of such Authority.

10.41) Any constable may upon view, seize any animal power of
which he shall find in any street, lane or open place within ~~~~~
any prohibited area or restricted area.

(2) Any Justice of the Peace, on application of any
constable and on proof of possession, or reasonable
suspicion of the possession, of any animal by any person

ment of

to animals
found in
certain

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KEEPING OF ANIMALS

in contravention of an order made under section 3, may
grant a warrant authorizing any constable, at any reasonable
time, to enter upon the premises of the person complained
against and to take and seize any animal there found.

(3) Any animal seized pursuant to this section may
be dealt with in such manner as may be prescribed by the
Minister, by order.

Penaltyfor

the police.

11. Any person who shall-
obstructing

(U) hinder or obstruct a constable attempting to take
or seize any animal, or

(6) prevent a constable, having such warrant as afore-
said, from entering the premises mentioned therein,

shall be guilty of an offence and, on conviction thereof in
a Resident Magistrate’s Court, be liable to a penalty not
exceeding three hundred dollars or in default of payment
to imprisonment for a term not exceeding three months.

Peenaltyfor

Officer.

12. Whoever shall offer or cause any obstruction to any
authorized officer in the performance of his duties shall bz
guilty of an offence and on conviction thereof in a Resident
Magistrate’s Court shall be liable to a penalty not exceed-
ing three hundred dollars or, in default of payment, to
imprisonment for a term not exceeding three months.

obstructing

construction

tationof
this Act in

thepound

13. The provisions of this Act shall be read and construed
as supplementary and not in derogation of the provisions
of the Pound Act but where there is conflict or inconsistency
between the provisions of this Act and the Pound Act, the
provisions of this Act shall prevail over the provisions of
the Pound Act.

and interpre-

relation 10

A d

[The inclusion of this page is authorized by L.N. 57/19BO]
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