Law On Dog Hold (Dog Act)

Original Language Title: Lov om hundehold (hundeloven)

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Law on dog hold (dog Act).

Date law-2003-07-04-74 Ministry of Justice and emergency Ministry last edited law-2015-06-19-65 from 01.10.2015 published in 2003 booklet 10 entry into force 01.01.2004 Change Announced short title Dog law-hollow.

Chapter overview: Chapter 1. Introductory provisions (§§ 1-3) Chapter 2. Securing dogs (§ § 4-9), Chapter 3. Loose dogs (§ 10) Chapter 4. Order, the number of dogs and marking of dogs (§ § 11-13) Chapter 5. Rights and obligations of persons in emergency and danger situations (§ § 14-16) Chapter 6. Security measures against problematic dog hold (§ § 17-23) Chapter 7. Resettlement and killing etc. of dogs, liability and punishment (sections 24-28) Chapter 8. The effect on Svalbard (section 29) Chapter 9. Ikraftsetting. Waiver and amendment of other laws. The transitional rules (sections 30-33) cf. previous laws 9 July 1926, Nr. 4, 4 July 1991 No. 48. Chapter 1. Initial provisions § 1. Civil social responsibility, the purpose and relationship to other legislation civil society, both individuals and organizations, is responsible for within the law are pursued in a frame to exercise and to facilitate a positive and samfunnsgagnlig dog hold, to the delight of the some hundeholder.
The law has the purpose to help to promote a dog hold as security varetar, safety, general order. It provides rules for how the dog should be exercised by the scoring team the individual to meet such considerations. Furthermore, the law provides rules for how individuals and the public can relate to the dog that does not hold provides adequate security, peace of mind, general order.
For the dog held sway also applies to provisions in other legislation. the General rules of the law on animal welfare and in the vicinity, the law, and, moreover, different policies about dog hold or husbandry eg. in the rent Act.

§ 2. Definitions in this law be understood by a) hundeholder: the one who own or have taken care for or care of a dog for shorter or longer time;

b) children: people who are under 12 years;

c) livestock: cattle, sheep, goat, horse, pig and poultry;

d) significant damage to person: injuries that are considered body damage after Penal Code section 273.

§ 3. General aktsomhetskrav A hundeholder to show due care in order to avoid that the dog inflicts damage to people, animals, property, or things. Dog holder shall ensure that the dog or the dog team is not unreasonable inconvenience to people, the environment or other interests. Among other things, to dog holder seek to prevent the dog or dog team creates insecurity for others.
The one that is affected, may require the holder to that dog a lasting State or lasting relationship that does not provide adequate security, or who is being unreasonable disadvantage, will be corrected.

Chapter 2. Securing dogs § 4. General rules on the protection of the dog. Criteria to let the dog be stray dogs can be resolve only when they a) are followed and controlled on the way due care, or b) is securely fenced in a place that is not open to the public transports.

The one that keeps a dog on a leash, should be able to have control of the dog, if they are not accompanied by someone who has such control.
Dog holder shall ensure that the dog is not the perils facing, skip on, pursuing or stands in the way of people who do not agree to this. Have a dog this habit, it should be kept on a leash in places that are open for public access.
Dog holder to show where there is particular care, to prevent such contact between the dog and the child that the child or adult who follows the child, not to invite, and to prevent that children are being intimidated. If necessary to the dog be put on a leash or kept close to the dog.
Dogs should always be kept under such supervision that they as far as possible be prevented in running or pursue game, jf. Nevertheless, section 9, third paragraph.

§ 5. The ban on going from bound dog Dog holder shall not go from a bound dog right at the entrance to a building that is open to the general public, or by the playgrounds.

section 6. Securing the dog by leash law, etc. In the time from and with 1. April through 20. August will be a dog be kept on a leash or securely fenced or locked, so that it can pursue or harm cattle, sheep, goat, poultry, deer, horse or venison, including viltets eggs, nests and stay.
The municipality can provide regulations that dogs should be kept on a leash or securely in closed or fenced a) in and in relation to the residential areas and shopping areas, b), in parks, on burial sites, in and by schools, day care centers and facilities for play, sports, sports or recreation, c) and by specific/specified hiking trails, footpaths, tracked ski trails, camp and picnic areas, d) in certain specified other areas on land , in the water or the sea that is widely used as a hiking and recreation areas, e) in all or part of the municipality of certain specified period of time when cattle, sheep, goat or horse normally goes out, or f) under the extraordinary circumstances that makes leash required to protect the animals.

Lead by letter c and d cannot be determined to a greater extent than is necessary and so that the consideration of those who want to travel with loose dog also be safeguarded to a sufficient degree, both as to the scope and geographical spread. When determining the leash by letter e and f can lead just introduced in those areas of the municipality where pets have the right to pasture and in fact graze, or where wild one wants to protect its Habitat. Leash law laid down in pursuance of the letter f must cease as soon as conditions warrant. Where pasture, nature-and recreational areas affecting several municipalities, these should align their regulations. The municipality's introduction of a lead after the letter f may be appealed to the County.
The municipality can provide regulations that dogs do not have access to kindergartens, school farms or burial sites.

section 7. Especially about the assurance of the dog where tamrein graze in areas where tamrein graze to legally, dog holder see to it that the dog is not unduly worried or scaring the reindeer, even if is under control or bound. Reindeer owner may require that a dog that mobiles are kept clean, in closed while reindeer is moved past the residence, seats or cabin. The county can provide regulations that dogs should be kept on a leash or securely in closed or fenced when consideration of reindeer husbandry requires. About habitation with the dog in the area where tamrein graze, also applies to the reindeer husbandry Act 65.

section 8. Especially at hundedressur, hunting and fishing Hunting dog training, hunting dog tests and dressage can only take place with the consent of the landowner or the one who has a general right of use to the property. For the consent of the State given the Commons mountain Board.
For the use of the dog during hunting and trapping, etc. also applies to wild law § 23, jf. section 26, and the reindeer husbandry Act 65.

§ 9. Exception from protection policies on a lead provided for in or pursuant to sections 4, 6 and 7 do not apply to a) dog when it is used in reindeer herding, b) trained bufehund when used to guard the cattle, sheep, or goat, c) dog in active police, customs, military and rescue service or during training or testing services for such a service, d) dog in active use as ettersøkshund after the wounded or sick wild , e) particular purposes, limited areas or specified dog breeds or dog types or for dogs that have special training, when this is established by the municipality by regulation or individual decisions. By this can the municipality. post a site that dressurområde for dogs, if the consent referred to in section 8 the first paragraph is, f) dog when it is used for hunting, hunting dog training and hunting samples between 20. August and 1. April or when the leash law is laid down in pursuance of section 6, second paragraph the letters c, d, and e.

Dog as mentioned in the first paragraph, LITRA a to d or in the provision that applies to a particular usage purpose by letter e, in a way such that due care is released is naturally out from usage purpose.
A dog that is used during training or Hound or try for this, can be dropped in a way that's due care so natural out from usage purpose, when this is not in conflict with the wild law, nature diversity Act or rules on a lead. The same goes for training and trial of ettersøkshunder.

Chapter 3. Fix dogs § 10. Loose dogs can occupy Any dog that is loose in violation of § § 4, 6 or 7, cf. § 9, or with regulations given in pursuance of these paragraphs. In outlying areas in the hunting time where hunting is legal, yet only licensees in the area and police occupy loose dogs.
The dog is to be delivered to the dog, if it is present. This does not apply if the dog holder obviously cannot take care of the dog at the proper and legal way. If the dog is not being delivered to the dog, to it as soon as delivered to the police.
Fail dog holder to retrieve the dog within a week after he or she has been notified personally or by announcement in an ordinary read newspaper on the spot, the police can sell, relocate or euthanize the dog. It is set out requirements for marking under section 13, it is sufficient to send the notice to the person and address that the dog is registered.
Recording and processing of loose dogs after the paragraph here should be made in accordance with the rules of law on animal welfare.

Chapter 4. Order, the number of dogs and marking of dogs section 11. Order etc. The municipality can provide regulations on dog keep for the sake of general peace and order and to discourage littering. Rules that dogs should be kept on a leash or securely locked or gated community, can only be provided on the terms that are set in section 6, second paragraph.

§ 12. The number of dogs in a household or on a property in order to meet people's and animals ' security and peace can the municipality in regulations set criteria to keep more than a certain number of adult dogs in a household or on a property.

section 13. Marking of dogs Private organizations may establish and operate a system for the registration and marking of all dogs.
The King can give the regulation on a)

that all dogs should be selected, and that they should be registered in a registry brought by one or more private organizations or by a public body, b) that a hundeholder is obliged to provide genetic and other information to the registry about the dog and the dog held sway, c) that the hundeholderne to pay the fee that covers the required cost of the scheme, and d) that the police should have access to the registry.

Chapter 5. Rights and obligations of persons in emergency and risk situations in section 14. Intervention on the spot against the dog that chases or attacker, etc. Dog holder should make sure to keep or call the dog back and do what he can to avert wrongful danger when a dog fighter or attack people or animals.
An otherwise illegal intervention against a dog is legal when someone does it to ward off the dog unlawfully fighter or attack people or animals, if the procedure does not go further than necessary to ward off harm, and, moreover, does not go beyond that justifiable in consideration of farlighet of the attack and the defenders interest.
So far the following specific provisions apply to the ranks, in front of the general rule in the second paragraph: a) By ongoing or imminent attacks against a person, any do the intervention against the dog appears to be needed to ward off harm. This does not exempt the as completely or partially has provoked an attack, from criminal liability or liability.

b) when a dog chasing or attacking or livestock tamrein which feed valid, or when the dog another dog attack unprovoked, it exposed the animal's owner, holder or the one that suits the beast, do the intervention against the dog appears to be needed to ward off damage, as long as the procedure does not go further than necessary and not beyond the justifiable. This provision cannot be invoked when the animal is being chased or attacked, wrongful is come in on the property that the dog holder disposes.

c) When on a lead case, the landowner, some who act on its behalf, or hunting-and fangstberettigde, dispel a dog by direct attacks on ungulates, still not a dog that is in active use as ettersøkshund after the sick or wounded game.

d) any on-site can dispel a dog that is encountered in the immediate connection with that it has inflicted on a person significant injury, if the dog still poses a clear danger. The same is true if the dog has done significant damage to the tamrein, pets, dogs or deer game, if not the corrupt beast wrongful had come in on the property that the dog holder disposes.

Paragraph here does not apply to police dogs being used legally. Rather not apply paragraph where the rules of necessity and right of self-defense allows a dangerous use of dog rightfully.

section 15. Dog that make up ready for livestock risk, tamrein and ungulates a dog without the attendant goes loose in the outlying areas or agricultural areas in the band forced time and poses a clear danger for pets and tamrein, occupied by the landowner, festeren, forpakteren, beiteberettigede, an affected Herder or someone acting on behalf of these. If it is not possible to adopt the dog or get the police to the place as quickly as the situation requires, they can, if necessary, euthanize the dog on site.

section 16. Duties after the procedure is done to your dog after § § 14 and 15 The that have killed or inflicted dog damage after sections 14 and 15, shall report as soon as this advice to the police. The law on the animal welfare section 4, cf. section 12, to help them to the beast comes to the injured animal.

Chapter 6. Security measures against problematic dog hold § 17. Immediate police action to meet the safety and security of individuals, the general public and animal police can in accordance with the rules of the police law § 6 intervene towards dogs and hundeholdere to meet individual's or the public's safety or security, or to protect other animals.
The police can, incidentally, in such cases, among other things, impose a lead or time-limited use of muzzle, give detailed orders about fencing of the property where the dog stays, impose to reduce the number of dogs, ban hunders presence in certain areas, give other orders or prohibitions that apply to security assurance of the dog or dogs, get in on private property or area, and if necessary take care of dogs. The police decision has effect immediately, if nothing else is established.
Fail dog holder to comply with the injunction or prohibition, the police can ensure that the hundeholderens the Bill required is being done to meet the considerations that are mentioned in the first paragraph.
If a dog has killed or inflicted on a human being significantly damage or attack a child, dog and other dogs in hundeholderens custody or possession would be wiped out by the police where they exist, if the consideration for anyone's safety or the public's confidence clearly implies an immediate euthanasia.
The rules of reason providing and complaint management law chapter V and we apply to the police decision under section 17 the second paragraph, however, so that it is not a complaint the opportunity at the immediate avlivning.

§ 18. Killing or repositioning of a dog after one or more adverse events a dog that has attacked or injured a man, police in after time adopt to dispel if not this appears to be a disproportionate measure. The same is true if the dog has hunted or damaged tamrein, farm animals or wild deer, or if it has damaged another dog or pet. By the assessment should especially be added weight on the danger that has been present, inflicted injury, the risk and utrygghets feeling the dog and the dog team can be assumed to lead to in the future and the dog's usefulness. The dog's economic value or the economic loss after inflicted injury shall not be attributed to weight.
If it is considered practicable and acceptable, the police seek to reposition a dog rather than trying to dispel it.
If the dog is housed is not considered secure, the decision about euthanasia or resettlement include all of the other dogs that dog holder has.
The following special regulations apply in front of the General rules in the first and second paragraph: a) a dog that has inflicted significant damage, children should normally be put to sleep.

b) a dog that has attacked or substantially damaged animals in agriculture or tamrein, should normally be put to sleep if the animal's owner requests it.

c) a dog that by unilaterally attacks have substantially damaged other domestic animals, including other dogs, should normally be put to sleep if the animal's owner requests it, except where the dog is not believed to pose a greater risk in the future than dogs usually do, and neither can appear to have to attack and damage the same owner's animals.

A dog that has been illegal loose or without good enough supervision, after the police have given the dog holder more than one written warning over the last three years, can be put to sleep or repositioned by the police. This applies without regard to whether the warning applies to the same dog. The decision may include all the dogs that dog holder has. The warning is not considered individual decisions.

§ 19. Dangerous dogs the King can give the regulation prohibiting the keeping, grow or introduce dangerous dogs, or to introduce the semen or embryos from dangerous dogs. These regulations can set requirements for documentation of the dog's breed or type.
With dangerous dogs will mean dogs or dog types that especially aggressive, kampvillige and enduring, and that because of these properties are dangerous for humans and animals. The first paragraph also applies to dog types that can easily be confused with dangerous dogs.
It is prohibited to keep or introduce the dogs as a) are given training in or to attack or defend or dog holder against the people, b) is given training in or to attack other dogs, or c) single dogs appears to be especially aggressive, kampvillige or with other strong unwanted properties or emergence, so that they can be dangerous for humans or animals.

There is doubt about a dog goes under the third paragraph, LITRA c, can the police take the dog into custody and claim that the dog holder bekoster and contribute by an expert examination of the dog's behavior to clarify if it is well balanced, or have a low threshold for aggression or other dangerous properties, etc. The police determines who will examine the dog. If not dog holder follow up within a reasonable deadline set by the police, is considered the dog to go in under the third paragraph, LITRA c. Dogs being bred, introduced or held in violation of the rules or in pursuance of this section, may be put to sleep or be ordered executed by the Empire by decision of the police.

section 20. The exception from the rules in section 19 a dog are not covered by section 19, third paragraph, letter a or b if it is trained by the police or in the particular case of the other with police permission, or are introduced in the Kingdom with police permission.
A dog are not covered by section 19, third paragraph, letter a if it is legally trained by a dog before the entry into force of the law organization, or after the entry into force of a dog organization with permission from the police. The dog may not be sold or be relocated without police permission. Are the terms infringed or the dog a human being, to attack it would be wiped out after the decision of the police, if not right of self-defense or necessity justified the attack.

§ 21. Requirements for approval to have to do with the specific dog types of the King in the regulation can set criteria to introduce, keep or drive the breeding with specific dog types or mixtures of specific dog types. In the regulations may be set requiring approval and whether the requirements for avlagte samples or tests, whether on a lead, sharpened the restriction in the number of dogs, hundeholderens age, record, liability insurance, and the fee to cover the costs, etc. Sets the regulation requiring approval, the authority to give approval be delegated to a private organization.

§ 22. The ban on a person should be able to have with the dog to make the police can ban a hundeholder to have with the dog to make a)

When the dog put to sleep hundeholderens are adopted, relocated or carried out pursuant to section § 18, 19-20, or section 21, cf. section 24, b) if directed by the police under section 17 has not been followed up, c) if police have killed or relocated hundeholderens dog under section 17, d) if hundeholderens dog has attacked a human being, e) if the person has trained a dog to attack or defense against people without police permission, f) if the person has let a dog participate in dog fighting or have trained a dog for this , g) if the dog holder after a warning from the police in the course of the next three years on new has let a dog go illegal loose or without good enough supervision, h) if the dog holder does not comply with the conditions or prohibitions under section 12 on the number of dogs in a household or on a property, or in) if the duties under section 13 of the marking of the dog is infringed and the duties are not fulfilled after notice from the police with the deadline for fulfillment.

The ban after the first paragraph can only be set if the person's dog hold is not considered to have been secure, or if the ban must be considered necessary to improve the public's or the individual's sense of security.
A person who is sentenced to a penalty of imprisonment for an offence involving the use of violence or threatening behaviour, by the verdict are forbidden to have with dogs to do. Ban should be set if a dog is used for the offence.
It is prohibited to have with the dog to do, can not own, possess or have the responsibility or responsible for or care of a dog for shorter or longer time.
The ban can be restricted to apply to specific types of dog or dogs over a certain size.
The ban can tidsbegrenses, but will apply for at least three years. After three years, the police can overturn bans that the police or the Court has set for this paragraph, if it is justifiable from the consideration of safety and the public's and individual's safety.

§ 23. The register of the decision under section 22 the police can locally or for the entire Kingdom lead person records that contain information about the prohibition under section 22. The King can give the regulation on the registration and also stipulate that other than the police to have access to information in order to streamline the application.

Chapter 7. Resettlement and killing etc. of dogs, liability and penalties section 24. Police detention, relocation, sales and killing of dog the police can take care of, relocate, sell or, if necessary, kill a dog if a) dog is taken up under section 10 and the dog holder does not have received or retrieved the dog in spite of warning, b) the dog is being held without that dog holder comply with a regulation under section 11, c) the dog is being held in violation of the regulations after section 12 , d) the dog is being held in violation of regulations under section 13 when this is provided for in the regulation, e) it is necessary to reach the goal under section 17 the first paragraph where this cannot be reached with the less intrusive measures pursuant to section 17, subsection f) conditions in sections 18, 19 or 20 is present, g) the dog is being held, used or bred in farming in violation of the provisions given in pursuance of § 21 , or h) some has to do with the dog in violation of a final ban under section 22.

The decision by the first paragraph, LITRA b of d can only be hit if the dog is penalized, or have been given written warning for violation of the regulation with the deadline for fulfillment, and these regulations are still being infringed. Is dog holder unknown or without a known address, announcement of the deadline for fulfillment rather than happen in a newspaper that is generally read on site. Warning given by the police or by the registry operator when it comes to violation of regulations under section 13.
Police have taken care of the dog, it can be kept in custody until it is hit decisions about sales, relocation, exit point or killing of the dog.

§ 25. Proceedings, the contested measure and implementation of resolutions Police decision after the law's individual decisions by administrative law. For decision pursuant to section 17 applies to the provision of the administrative law section 24 the first paragraph, second sentence. The decision may be appealed to the national police. The decision will be brought in the Court, the Court may try all sides of the issue.
Deferred implementation for a complaint relates to the administrative law section 42. The police can always claim that the complainant at the right time running and pay the cost of detention, see. section 26, if the implementation is going to stand. The petitioner does not meet the requirement, the decision can be set in the works immediately.
The police ensures that the killing going on. It shall be conducted according to the rules of the law on animal welfare.

§ 26. Responsibility for costs holder towards the Dog responding individuals and the public for necessary costs by implementing measures under this Act, including the costs to the custody of the dog.
Police claim according to the rules in the first paragraph are enforceable for disbursements.

§ 27. Liability on liability for compensation for damage done by the dog applies it as follows by other statutory and non-statutory rules. damaged the replacement law § 1-5 about responsibility for the animals and the reindeer husbandry Act 66 about dogs.

section 28. Penalties of fines or imprisonment up to six months and fined punished a hundeholder who intentionally or negligently contravenes sections 4-7 jf. section 9 or regulation or individual decisions under section section 6, 7, 11, 12 or 13 the second paragraph letter a to b. With fines or imprisonment up to six months and fined punished a hundeholder who intentionally or negligently fails to prevent or stave off the dog wrongful a) attack or damage person, b) fighter, attacker or damages animals, or c) by the noise or otherwise causes unreasonable inconvenience by the way.

By attacks on ungulates are considered the landowner, hunting-or fangstberettiget in the area and wildlife bodies that offended.
With fines or imprisonment up to six months and fined punished the who intentionally or negligently a) failing to comply with order and ban closed down by the police in accordance with section 17, or b) contravenes bans given by sections 19, 21, 22 or by regulations or individual decisions given by these provisions.

In the same way punishable attempt.

Chapter 8. The effect on Svalbard section 29. Svalbard the King can give the regulation on the application of the law on Svalbard and can establish special rules under consideration to the local conditions, including that the regulations and individual decisions by the law to be adopted by other authorities than otherwise.

Chapter 9. Ikraftsetting. Waiver and amendment of other laws. Transitional section 30. Ikraftsetting law takes effect 1. January 2004.

section 31. Changes to other legislation After the law takes effect, the other laws as follows:---section 32. Older regulations Regulations given under the legal authority of the Act 4. July 1991 No. 48 on the prohibition of the importation, hold, and the breeding of dangerous dogs applies to those being revoked by the King.
Regulations about dogs and the dog keep given with the legal authority in the other provisions that are being repealed or amended by section 31, applies to 31. December 2006. The provisions of such regulations previously a) lapses if the law here does not give any authority the legal authority to provide a provision with the current content, b) there is established a provision under the legal authority of the law here that goes against the older provision, or c) provision will be revoked by the body that has adopted it.

section 33. Individual decisions for older legislation Dressurområder for dogs that are posted after wild law § 55, made up for the time that was determined by the Authority agreed to republish your site.
Other individual decisions hit with authorization in provisions which are repealed by sections 31 and 32, the hjemmelen if not when lapses dog law provides access to to hit such a decision. If it does, comes to the decision until the matter has been dealt with in the new by the police or other government agency that can meet the decision by law here.