Dogs Act

Link to law: http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1929/1929-0003/DogsAct_1.pdf
Published: 1919-07-17

Dogs Act


2008 Revised Edition

CAP. 44.15






DOGS ACT

Dogs Act CAP. 44.15 Arrangement of Sections





2008 Revised Edition


Page 3



DOGS ACT

Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Application............................................................................................................. 5
3 Interpretation.......................................................................................................... 5
4 Magistrates may order destruction or control of dangerous dogs .......................... 6
5 Penalty for not muzzling dangerous dogs .............................................................. 6
6 Dog attacking person or animal on public road ..................................................... 6
7 Destruction of dog seen biting person or animals mentioned................................ 6
8 Owner, etc., of certain animals may destroy dog at large amongst them .............. 6
9 Liability of owner .................................................................................................. 6
10 Regulations ............................................................................................................ 7
11 Penalty for non-registration of dog ........................................................................ 7
12 Mode in which owner shall effect registration....................................................... 7
13 Duty of officer registering dog to give receipt....................................................... 7
14 Penalty for falsely describing dog.......................................................................... 8
15 Registration to expire 31st December annually and to be re-effected ................... 8
16 Registered dog may be removed............................................................................ 8
17 Registration of new owner ..................................................................................... 8
18 Liability of owner failing to produce registration receipt ...................................... 8
19 Proof of registration, etc., to be on owner.............................................................. 8
20 Copies of register books to be published ............................................................... 9
21 Provision for badges .............................................................................................. 9
22 Penalty for dog not wearing badge ........................................................................ 9
23 Power to seize dogs not wearing a collar............................................................... 9
24 Disposal of dogs seized.......................................................................................... 9
25 Notice to owner...................................................................................................... 9
26 Power to sell or destroy dogs ................................................................................. 9
27 Registration fees .................................................................................................. 10


Arrangement of Sections CAP. 44.15 Dogs Act





2008 Revised Edition Page 4




SCHEDULE 1 11

DESCRIPTION OF DOG REGISTERED 11

SCHEDULE 2 11

REGISTRATION FEE FOR A DOG PAYER'S PORTION 11

Supporting Documents

ENDNOTES 12

Dogs Act CAP. 44.15 Section 1





2008 Revised Edition


Page 5



DOGS ACT

AN ACT RELATING TO DOGS AND THE REGISTRATION OF DOGS1

Commencement [17th July 1919]

1 Short title
This Act may be cited as the Dogs Act.

2 Application
This Act shall apply to all places outside the area of authority of a Kaupule and to
every such area of authority where the Kaupule is either not empowered to make, or
has not made, provision for the control, destruction and licensing of dogs.

3 Interpretation
In this Act, unless the context otherwise requires —

“dog” shall mean any dog whether male or female and, for the purposes of
registration and licensing only, not less than 6 months old;

“owner of a dog” shall mean the keeper of a dog and shall include the
occupier of any building where any dog is ordinarily kept or permitted to live
or to remain and the person in whose care any dog may temporarily be,
whether loose or confined, and any person who may harbour a dog;

“registering officer” shall mean any person appointed by the Minister to
register dogs under this Act.

Section 4 CAP. 44.15 Dogs Act





2008 Revised Edition Page 6




4 Magistrates may order destruction or control of dangerous dogs
Any magistrate or island magistrate may take cognisance of and hear any complaint
that a dog, whether at large or not, is dangerous to person or property and not kept
under proper control, and if it appears that such dog is dangerous he may make an
order in a summary way directing either that the dog be destroyed or kept under
proper control by the owner, and any person failing to comply with such order shall
be liable on summary conviction to a penalty not exceeding $2 for every day during
which he fails to comply with such order.

5 Penalty for not muzzling dangerous dogs
Any person who shall permit any dog which he shall know to be dangerous or to
have injured any person or any cattle or any domestic animal, to go at large without
being properly muzzled, shall for every such offence be liable on summary
conviction to a fine of $100.2

6 Dog attacking person or animal on public road
If any dog shall on any street, public road or public pathway or in any public place,
rush at or attack any person or any horse, cattle or other animal whereby any person
shall be injured or endangered or any such animal shall be injured or endangered,
the owner of such dog shall be liable on summary conviction to a fine of $4 for
every such offence.

7 Destruction of dog seen biting person or animals mentioned
Any person who shall see a dog, being at large, biting or attacking any person or any
horse, sheep, cattle, goats, pigs or poultry of any kind, or shall himself be bitten or
attacked by such dog, may destroy the same without being answerable to the owner
(if any) of the dog.

8 Owner, etc., of certain animals may destroy dog at large amongst them
The owner or the agent of the owner of any horse, sheep, cattle, goats, pigs or
poultry of any kind, or any servant or person employed by such owner or agent, may
destroy any dog running at large amongst and worrying such horse, sheep, cattle,
goats, pigs or poultry.

9 Liability of owner
The owner of every dog shall be liable in damages for injury done by his dog, and it
shall not be necessary for the party seeking damages to show a previous
mischievous propensity in such dog, or the owner's knowledge of such mischievous

Dogs Act CAP. 44.15 Section 10





2008 Revised Edition


Page 7



propensity, or that the injury was attributable to neglect on the part of the owner of
the dog.

10 Regulations
(1) The Minister may make regulations to provide for —

(i) the destroying of or the detention in quarantine and isolation of any dog
arriving in Tuvalu from abroad for any length of time and under such
conditions as may be deemed expedient;

(ii) the controlling and prohibiting the movement of dogs as between
islands in Tuvalu;

(iii) the controlling and prohibiting of dogs running at large and matters
incidental thereto.3

(2) Any breach of the provisions of such regulations may carry with it a penalty
not exceeding $10.

11 Penalty for non-registration of dog
Any person who shall keep any dog not less than 6 months old without causing such
dog to be registered, such registration to be renewed from year to year in the manner
hereinafter provided, shall be liable on summary conviction to a fine of $10 for
every such dog so kept over and above the amount of any fee or fees that should
have been paid in respect of the registration of any such dog:

Provided that no prosecution shall be instituted against the owner of any dog for
non-registration thereof within the month of January in any year.

12 Mode in which owner shall effect registration
The registration of a dog shall be made by the owner thereof, or by some person on
his behalf, furnishing to a registering officer a description of such dog together with
all particulars required to be entered in a register book to be kept according to the
form in Schedule 1 and by paying for such registration the sum of $1 and no
registration shall be recorded until this payment has been made.

13 Duty of officer registering dog to give receipt
Every description as aforesaid shall be duly entered by the registering officer in the
register book, and such officer shall immediately on receipt of the registration fee
deliver to the owner or other person paying the same a printed receipt in the form
contained in Schedule 2.

Section 14 CAP. 44.15 Dogs Act





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14 Penalty for falsely describing dog
If any person shall wilfully insert or omit, or wilfully cause to be inserted or omitted,
in any description of any dog any matter or thing contrary to, or for the purpose of
concealing, the truth, such person shall be liable on summary conviction to a fine of
$10.

15 Registration to expire 31st December annually and to be re-effected
Every registration shall be deemed to be in force until 31st December of the year in
respect of which each registration is effected, and such registration shall be made in
like manner from year to year.

16 Registered dog may be removed
Every registration made under this Act shall be in force throughout Tuvalu, and,
unless otherwise restricted by regulations made under section 10, any person being
the owner of a registered dog may remove such dog to any other place without
payment of any fee.

17 Registration of new owner
When the ownership of a dog is changed the registration of such dog shall continue
good, and the name of the new owner shall, upon production of the registration
receipt and upon the payment of a fee of 10 cents, be entered on the register book,
and the registering officer shall indorse the name of the new owner on the
registration receipt.

18 Liability of owner failing to produce registration receipt
The owner of any dog not less than 6 months old shall on demand produce to any
registering officer or to any police officer, the registration receipt provided for under
section 13, and if such owner refuses or fails to produce such receipt he shall in any
proceeding under this Act be deemed to be the owner of an unregistered dog, unless
he can prove the registration to the satisfaction of the court.

19 Proof of registration, etc., to be on owner
In any proceedings taken under this Act the proof of registration, or that a dog is
under the age of 6 months, shall in each case be on the defendant:

Provided that the production of the registration receipt shall be prima facie evidence
of registration.

Dogs Act CAP. 44.15 Section 20





2008 Revised Edition


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20 Copies of register books to be published
Registering officers shall from time to time affix a list of the names of the registered
owners of dogs in some conspicuous place in their office and in any other place or
places that they may deem expedient within their area of authority.

21 Provision for badges
Every person registering a dog shall at the time of doing so be supplied by the
registering officer with a collar and badge of the then current year for such dog of
such kind as the Minister shall determine.

22 Penalty for dog not wearing badge
Any person allowing his dog to be at large not wearing a collar and badge for the
then current year shall be liable on summary conviction to a fine of $1.

23 Power to seize dogs not wearing a collar
Any dog not less than 6 months old running at large and not wearing a collar and
badge of the current year shall be liable to be seized by any person seeing it.

24 Disposal of dogs seized
Every dog seized under the section 23 shall be detained in a pound or, where no
pound is provided, in such place as shall be appointed in that behalf by the clerk to
the Kaupule in whose area of authority the dog shall have been seized or by any
person designated by him.

25 Notice to owner
When the owner of any dog so seized is known, notice of the seizure shall
immediately be given to the owner.

26 Power to sell or destroy dogs
Where any dog so seized shall have been detained for 3 clear days without the
owner claiming it and paying 10 cents per diem as poundage fees and such expenses
for transport as may have been incurred, a magistrate, an island magistrate or a
registering officer may cause it to be sold or destroyed; and if sold the proceeds of
the sale, after deduction of all expenses, shall be paid to the owner on application
within 1 month of the date of the sale:

Provided always that if a magistrate or an island magistrate or a registering officer is
satisfied that the dog so seized is liable to registration under this Act and has not

Section 27 CAP. 44.15 Dogs Act





2008 Revised Edition Page 10




been registered, he may cause such dog to be sold or destroyed forthwith without
being answerable to the owner (if any) of the dog.

27 Registration fees
Registration fees under this Act due and payable within the area of authority of a
Kaupule shall be paid to and form part of the revenues of that Kaupule.



Dogs Act CAP. 44.15 SCHEDULE 1





2008 Revised Edition


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SCHEDULE 1

(Section 12)

DESCRIPTION OF DOG REGISTERED

Registration Receipt

Name of Owner

Place where dog is kept

Date of Registration

Species

Sex

Age

Colour

Peculiar markings


SCHEDULE 2

(Section 13)

REGISTRATION FEE FOR A DOG PAYER'S PORTION

No .......................
Council ............................................................................................20 ............................

Received from ..................................................................................................................

of ....................................................................the sum of $1 being registration fee for a dog.

Description ........................................................................................................................

Fee $1.

...........................................................

Registering Officer


ENDNOTES CAP. 44.15 Dogs Act





2008 Revised Edition Page 12




ENDNOTES


1 1990 Revised Edition Cap. 46
Amended by Act 3 of 2002
Amended by Act 4 of 2009, commencement 6 July 2009
See also generally the provisions of Cap. 44.20, Importation of Animals
2 Amended by Act 4 of 2009
3 Substituted by Act 3 of 2002
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