Ordinance to the law on dogs
Hereby promulgated the law on dogs, see. lovbekendtgørelse nr. 259 of 12. April 2005, with the changes imposed by section 4 of Act No. 554 of 24. June 2005, section 17 of Act No. 538 of 8. June 2006 and article 1 of law No. 717 of 25. June 2010.
§ 1. Possessor of a dog shall ensure that the dog before it is 8 weeks old, is marked and registered. Possessor of a dog must also ensure that the dog, from the is 4 months old, are wearing collars fitted with a sign indicating the name and address of the possessor.
(2). The Minister of food, agriculture and fiskeri1) lays down detailed rules on the marking, registration and fee and on the design of the sign, see. (1). The Minister of food, agriculture and fisheries including can determine that the marking and registration system should be administered by one or several private organizations, and the possessor of a dog shall provide the necessary information and pay fees to these organizations.
(3). The police should let a dog tag and register for own's expense, if the dog in violation of paragraph 1 has not been marked and registered.
section 1 a. Possession and breeding of the following dogs are prohibited: 1) Pitbull terrier.
2) Tosa inu.
American staffordshire terrier) 3.
4) Fila brasileiro.
5) Dogo argentino.
6) American bulldog.
7) the Boerboel.
Central Asian ovtcharka) 9.
Caucasian ovtcharka) 10.
11) Sydrussisk ovtcharka.
(2). The prohibition in paragraph 1 shall also apply to hybrids, in which they mentioned dog included.
(3). Professional import of dogs, which is covered by paragraph 1 or 2 shall be prohibited.
section 1 (b). Dogs, kept or imported in contravention of section 1 (a), are killed by the police measure (2). Is there any doubt as to whether a dog belonging to one of the breeds or hybrids thereof, that are covered by paragraph 1 (a), the police can demand that the possessor is documenting the dog's breed or type.
(3). If the possessor is not immediately can submit sufficient documentation, see. paragraph 2, shall take police measures for the purpose of temporarily removing the dog from the possessor.
(4). The possessor has not, within a time limit which the police sets, presented sufficient evidence that the dog does not belong to one of the breeds or hybrids thereof, that are covered by paragraph 1 (a), shall be deemed to be the dog for being kept in contravention of section 1 (a).
§ 2. It is prohibited to keep the dog in places where there is no habitation, such as in colonial gardens, unless police notify permits. Such permission can only be granted when there is estimated to be a guarantee that the dog will be cared for properly, and the authorization may be withdrawn at any time.
§ 3. In cities and urban areas it is forbidden to let dogs move on streets, roads, trails or sites, etc., that are open to general traffic, without being either out in tape or is in consequence with someone who has full dominion over them. A dog is not considered to be under escort because it is under the supervision of possessor housing or business local. Placed on the dogs in the tape, this must be so short that the dog is kept close to the attendant. If the dogs in these spots move resolve without being in consequence with someone who has full dominion over them, lets them record and inform police possessor. Is the dog not tagged and registered, forward calls it. It does not however apply if the dog carries the sign referred to in § 1, paragraph 1. If the possessor is not within 3 days after that notification or registration has taken place, redeems the dog by paying the expenses, as the recording has led the police to dispose of the dog or let the can debunk. Any profits when the divestment is the property of the owner, if he joins it within 3 months and proves her right, and otherwise the Treasury. The Minister of food, agriculture and fisheries may lay down detailed rules concerning the transfer of captured dogs.
(2). The Municipal Council of the municipality may provide for or further enumerated areas of the municipality shall apply a duty to in cities and urban areas always to keep a dog in band on the streets, roads, trails or sites, etc., that are open to regular traffic. The tape must be so short that the dog is kept close to the attendant.
(3). Outside the cities and areas with urban areas is the responsibility of the possessor of a dog to ensure that it does not roam about.
(4). Untethered ferocious dogs must not without police permission are used for guarding the sites.
(5). The Minister of food, agriculture and fisheries can lay down rules to the effect that certain dogs are not covered by the provisions on the obligation laid down tape pursuant to paragraph 2.
§ 4. Disturb a dog the omboendes ro repeated or persistent barking or spout, and filed a complaint to the police, gives this possessor above cold cuts to keep the dog locked up or, if this measure does not help, or the dog already confined, to allow it to remove. The Minister of food, agriculture and fisheries may, in so far as it relates to dogs, that of professional breeders confined in dog farm or otherwise, grant derogations from this provision in cases where a dog's structure and layout is taken every reasonable regard for the site conditions.
§ 5. It is prohibited to constantly keep a dog tied.
(2). When a dog is kept bound, its yard-at least 5 metres long, and it must have access to a living room that can provide the properly sheltered from rain, wind and cold. The living area consists of a Doghouse, it must be inclusive and so loud that the dog can stand upright.
§ 6. It is the responsibility of the possessor of a dog to take the steps as appropriate must be deemed necessary in order to prevent that the dog is causing other damage.
(2). If a dog has caused damage to a human or other significant injury, if the dog or possessor behaviour is of such a nature that it is suitable to create fear in his surroundings, or if there are grounds for believing that the dog can be dangerous to its surroundings, Police Director 1) give the possessor instructed that the property where the dog is kept, must be enclosed by a fence up to 1.8 meters in height, which must be fitted with a lock gate, 2) give the possessor instructed that the dog may only be aired by the possessor or of other named individuals over 18 years of age and must not be aired along with other dogs, 3) give the possessor instructed that the dog When not confined, must be placed in the tape, including cold cuts that the dog must be kept on a tape, there are at most 2 m long, or must be equipped with sound, closed muzzle, or both, or 4) decide to let the dog killing (3). Police Director may give the possessor cold cuts as referred to in paragraph 2, no. 1-3, if the dog has a habit of insulting people or animals on streets, roads, trails or sites, etc., that are open to general traffic, getting against them or persecute them or to molest livestock in property or on the mark.
(4). If a request pursuant to paragraph 2, no. 1-3, or (3) is violated, can police the Director, decide whether to let the dog slaughter.
(5). If a dog by an assault has really bitten a human or another dog, Police Director letting dog kill.
(6). Police Director shall bear the costs by letting a dog culling in accordance with paragraph 2, nr. 4, or (4) or (5), but may require the amount refunded by the possessor.
(7). Transferred to another dog possess, apply a request pursuant to paragraph 2, no. 1-3, or (3) or a decision on killing after (2). 4, or (4) or (5) immediately to the new possessor.
§ 6 a. On police request is the possessor of a dog is required to contribute to an expert examination of the dog's behavior before a decision is taken pursuant to section 6 (2). 4, about the killing of the dog.
(2). Possessor may demand that a dogs expert study referred to in paragraph 1, before the Police Director decides under section 6 (2). 4, about the killing of the dog.
(3). Police Director shall bear the costs of the expert examination, but dogs may require reimbursement of the possessor.
section 6 (b). The police may decide to place the dog in a pension until a decision has been taken to section 1b, paragraph 1, or article 6, paragraph 2, no. 4. or (4) or (5), about the killing of the dog, and if a decision is taken that the dog to be killed until the decision can be enforced.
(2). Police have, if necessary, against proper identification without court order access to dog teams for the implementation of a decision taken pursuant to paragraph 1. The police can, if necessary, take an expert with.
(3). Complaining about the police's decision to place the dog in the pension does not have suspensory effect.
(4). Police Director shall bear the costs by the dog's placement in the pension, but may require the amount refunded by the possessor.
section 6 (c). The deadline for appeal against a decision of the Chief of police, in Copenhagen Police Director, pursuant to section 1b, paragraph 1, or article 6, paragraph 2, no. 4. or (4) or (5) is 10 days after the decision is announced. If the appeal period expires on a Saturday, Sunday or a public holiday or Constitution Day, extended to the following business day.
(2). Timely appeal has suspensive effect, unless police decide otherwise.
section 6 (d). It is prohibited for an owner or possessor to let a dog participate in dog fighting. It is also prohibited to hold dog fighting § 7. (Repealed) § 8. Possessor of a dog is obliged to make good the damage caused by the dog. It must be stated that the injury sufferer has contributed to the injury, the compensation can be reduced or completely eliminated.
(2). It is the responsibility of the possessor of a dog to keep the liability insurance. The insurer shall be liable for the injured party for damages over immediately after paragraph 1. Exempted from the obligation to take out insurance is dogs that are kept by State authorities, State institutions or municipalities.
(3). The Minister of food, agriculture and fisheries shall determine after negotiation with the ' insurance ' detailed rules for Pension & implementing the provisions of paragraph 2.
§ 9. Sues victim case against the insurer, the company making a possessor of the dog for any hearing with the notice, which in civil code section 175 applies to witnesses in civil cases. Summoning shall include the rules set out in paragraph 2.
(2). The person summonsed in accordance with paragraph 1, on the basis of application to the transcript of the proceedings may join as a party to the proceedings. He does not occur, is the decision of compensation by verdict or settlement binding on him.
§ 10. If that prosecution for any injurious offence under section 8 can lead to liability, injured parties shall be given the opportunity to claim compensation. If there is no settlement on compensation, compensation claims shall be heard and determined in the course of the proceedings, even if the penalty is not imposed on the defendants. Such a State can occur before or after the decision of the question of punishment. Where the claim regards material damage and is of complexity, the Court may, after a settlement in vain is tried, deny the claim proceedings during criminal proceedings.
(2). The insurance company, in which there is liability for the injurious character dog, considered the liability of the person concerned as party to the proceedings and to be summonsed to any hearing with the notice, which in civil code section 175 applies to witnesses in criminal proceedings.
(3). Is the indictment brought against other than the injurious dog's possess, shall also summonsed for any hearing with the possessor the notice referred to in paragraph 2. The provisions of article 9, paragraph 2, shall apply mutatis mutandis.
(4). When the issue of compensation shall be heard and determined in the course of the proceedings, the Court may in accordance with the rules laid down in the code of Civil Procedure Act Chapter 30 impose costs, as if the matter had been dealt with in the civil procedure forms. Article 313 of the value determined in this case by the judgment.
§ 11. Open to appeal a criminal trial, during which the issue of compensation has been påkendt shall be deemed to be any person who for compensation the question he has been a party to the case, also brought an action against that party under appeal, in so far as the issue of compensation shall be taken under the State.
(2). In the code of civil procedure § 996 referred to access to redress in the civil procedure forms is available to any person with respect to the issue of compensation, has been party to the proceedings. In regard to the appeal is a under section 10, paragraph 1, made separate State of the criminal or liability claim to be regarded as an independent judgment. The code of Civil Procedure Act § 995, final paragraph, shall not apply in the cases referred to here.
§ 12. With fine punished anyone who 1) violates article 1, paragraph 1, § 2, § 3, paragraph 1, 1.-3. paragraph, section 3, paragraph 3 or 4, article 5, article 6, paragraph 1, or article 8 (2), 2) violates regulations laid down by the local authority pursuant to § 3, paragraph 2, or 3) is in breach of an order issued under section 4 or section 6 (2). 1-3, or (3).
(2). In determining the fines for violation of § 1, paragraph 1, § 3, paragraph 1, 1.-3. paragraph, section 3, paragraph 4, article 6, paragraph 1, article 8, paragraph 2, the provisions laid down by the local authority pursuant to § 3 (2) or an order issued under section 6 (2). 1-3, or (3), meted out stiff fines. In the same way be punished anyone who upsets a dog on anyone or fail to keep his dog back when that notes that the assaulting someone.
(3). With fine or imprisonment up to 1 year punished anyone who violates section 6 d.
(4). With fine or imprisonment up to 6 months punished the dealing personally with dogs, no matter that he or she is denied the right to do so, see. section 12 (a), paragraph 1.
(5). With fine or in aggravating circumstances imprisonment until 4 months be punished whoever with knowledge that a person is denied the right to deal personally with dogs under section 12 (a), paragraph 1, to leave a dog in the person's custody.
(6). In regulations issued under section 1, paragraph 2, can be fixed penalty of fines for violation of the requirements.
§ 12 a. Court to deal personally with hounds may by conviction for an offence to be denied permanently or for a specified period of time, if the person in question 1) have used a dog to attack or as a threat to humans or animals, 2) has failed to keep his dog back, since he or she noticed that the dog attacked humans or animals , 3) as the owner or possessor has allowed a dog to participate in a dog fight, 4) has organised dog fighting or 5) in repeated cases, punished for violation of § 3, paragraph 1, 1.-3. paragraph, section 3, paragraph 4, article 6, paragraph 1, the rules laid down by the local authority pursuant to § 3, paragraph 2, or sliced meats issued under section 6 (2). 1-3, or (3) of the basic regulation. section 12, paragraph 1.
(2). Is the right to deal with dogs banned from driving for longer than 5 years after (1), the question of the recovery of the Court in frakendelses the end of the period, be challenged before the courts. The Court is done according to the rules laid down in the criminal code, section 78, paragraph 3, and may not take place until after elapsing 2 years of frakendelsestiden. The Court may only be returned, when exceptional circumstances exist. He or she has previously been denied the right to deal personally with the dogs after the provision in paragraph 1, can recover before the end of the period, only be done quite exceptionally, frakendelses.
§ 12 b. that can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
§ 12 c. Reimbursement of costs incurred under section 1, paragraph 3, article 6, paragraph 6, section 6 (a), paragraph 3, and section 6 b, paragraph 4, to be attributed to udpantningsret.
§ 13. This law shall enter into force on the 1. January 1938. At the same time repealed Act No. 127 of 18. April 1925 on the dog tax and on penalties and compensation for damage caused by dogs.
§ 14. The law does not apply to the Faroe Islands and Greenland.
Act No. 335 of 14. May 1992 entered into force on 1 January. January 1993. The law relating to § 1, § 6 and § 12.
Act No. 1064 by 23. December 1992, entered into force on 1 January. January 1993. The law relating to § 1, § 3 and § 12.
Act No. 385 of 28. May 2003, entered into force on 1 January. July 2003. The law relating to § 1, § 6, §§ 6 a-6 d, § 12, § § 12 a-12 (c) and section 14.
Act No. 717 of 25. June 2010 entry into force 1. July 2010. The law changed article 1, paragraphs 1 and 3. § 1 (a) and section 1 (b) shall be added. section 3 (2) and (3) are repealed and there shall be added a new paragraph 2, paragraph 4-6 becomes paragraph 3-5. section 3, paragraph 6, paragraph 5 has been changed. Article 6, paragraphs 2, 3 and 4 be amended. § 6, paragraph 5, shall be repealed, and replaced by new paragraph 5-6. § 6, paragraph 6, there will be (7) be amended. section 6 (a) (1) and (2), section 6 (b), paragraphs 1 and 2, as well as section 6 (c), paragraphs 1 and 2, be amended. section 7 is repealed. § 8, paragraph 3, be amended. § 12 shall be replaced by anew. section 12 (a) (1) nr. 3 and 4, shall be amended and nr. 5 is inserted. section 12 (c), be changed. The law contains the following entry into force and transitional provision:
§ 3 paragraph 1. The law shall enter into force on the 1. July 2010.
(2). Date of entry into force of the Act will be repealed by Executive Order No. 748 of 14. November 1991 prohibiting the keeping of dangerous dogs.
(3). The provision in article 1, paragraph 1 1. paragraph, of the law on dogs as amended by this Act, section 1, no. 1, include dogs, who were born after the date of entry into force of the Act.
(4). Persons as the 17. March 2010 possess dogs covered by paragraph 1 (a) (1). 3-13 of the law on dogs as amended by this Act, section 1, no. 3, or hybrids, which they said included, can continue to own these dogs. Such dogs may not be transferable. On the streets, roads, paths, squares, etc., that is open for normal traffic, the dogs are kept in tape and be equipped with sound, closed muzzle. The requirement that the dogs must be kept on a tape, do not apply in forests, where the owner has given permission for the dog can move about without tape. The tape must be a solid line with a maximum length of 2 m.
(5). With fine punished the person who violates paragraph (4).
(6). Persons on 17 October. March 2010 has established independent company with the breeding of dogs covered by paragraph 1 (a) (1). 3-13 of the law on dogs as amended by this Act, section 1, no. 3, or hybrids, in which the mentioned dogs included, can continue with this company until 30 June. June 2015.
Ministry of food, agriculture and fisheries, the 8. March 2013 Mette Gjerskov/Birthe Schubart Official notes 1) by Royal resolution of 14. December 2011 were line responsibility for matters concerning animal welfare, animal welfare of production animals, cuddle and pet farm animals and exotic animals, slaughter and killing of animals, transport of animals and the breeding of animals, etc., transferred from the Minister of Justice to the Minister of food, agriculture and fisheries. Throughout the Legislative Decree is ' Justice ' was changed to: ' the Minister for food, agriculture and fisheries '.