BILL OF LAW ENTITLED « THE DOGS’ (AMENDMENT) LAW OF Short Title 184(Ι) of 2002 137(Ι) of 2005 2012» 1. This Law shall be cited as the Dogs’ (Amendment) Law of 2012 and shall be read with the Dogs’ Laws of 2002 and 2005 (hereinafter to be called ‘the basic law’) and the basic Law together with this Law shall be called the Dogs’ Laws of 2002 to 2012 Amendment of section 2 of the basic law 2. Section 2 of the basic law is amended by deleting therefrom the term ‘dog’ and replacement with the following definition: ‘dog shall include any dog, of any breed and race aged over three (3) months and, for the purposes of Part III of this Law, shall include any dog of any age. Amendment of section 3 of the basic law 3. Section 3 of the basic law is amended as follows: 1. By the addition in the first line of subsection (1) after the words ‘No person may own’, of the word ‘legally’ and the addition after the words ‘competent authority’ (second line) of the words ‘of the dog’s place of residence’. 2. By the replacement of the phrase ‘the ownership licence shall be valid for one year from the date of issue’ in line one of subsection (3) with the phrase ‘the ownership licence shall be valid until 31 December of each year provided that in the first year of registration the owner shall pay the amount of the licence that corresponds to the part of the year remaining until 31 December’. 3. By the deletion of subsection 4 of section 3 and its replacement with the following new subsection: 3 (4) ‘The rates for issuance of the licence fee are set in Schedule Three and shall be collected by the competent authority which issues the licence. It is provided that: (a) No fee shall be paid by a person with a disability as defined in law 127(Ι)/2000 in relation to his/her guide dog. (b) Half of the fee specified in Table Three shall be paid by a livestock breeder or shepherd owning a sheepdog or other 4. By the amendment of the proviso of paragraph (a) of subsection 6 of section 3 by the deletion of the full-stop at the end and the addition of the phrase: ‘within 7 days from the day on which the dog shall cease to be in the possession of the person’. 5. By the amendment of paragraph (b) of subsection 6 of section 3 by the deletion of the word ‘new’ in line two and the deletion of the colon in line three and the addition of the phrase ‘within 72 hours from the time of the dog’s death:’ 6. By the amendment of paragraph (c) of subsection 6 of section 3 by the replacement of the word ‘immediately’ with the words ‘within 24 hours’. Amendment of the basic law by the addition of a new section 3A 4. By the addition of a new section A as follows: 3Α(1) In each residence (built on a whole registered plot) in a residential area, it is permitted to keep up to two (2) dogs and in residences, outside residential areas, it is permitted to keep up to four (4) dogs. (2) With regard to duplex residences (housing complexes) and apartment buildings it is permitted to keep only one (1) dog in each apartment (with an area of at least x metres square), provided that the building’s rules so permit. (3) it is forbidden to keep dogs on the roof or balconies of single houses (outside buildings) The Animal Protection and Welfare Law of 1994 46 (Ι)/94 94 (Ι)/97 75 (Ι)/00 43 (Ι)/02 95 (Ι)/08 The Maintenance and Protection of the Peace Law of 1968 27 of 74 Amendment of section 8 of the basic law Amendment of section 9 of the basic law (4)it is forbidden to keep dogs in common-use areas of duplexes and apartment buildings (5) It is permitted to keep dogs in the outdoor spaces of single residences on condition that the height of the fencing around the house is such as to prevent the animal from escaping or circulating freely outside the fenced outdoor space of the residence. 6) Persons who on the date of entry into force of the Dogs’ (Amendment) Law of 2006 own more than two (2) registered dogs, shall be entitled to keep the additional dogs until their natural deaths, as long as they uphold all the provisions of this Law and suitable maintenance conditions pursuant to The Animal Protection and Welfare Law of 1994, and provided that they uphold the provisions of The Maintenance and Protection of the Peace Law of 1968 5. Subsection two (2) of the basic law is amended by the replacement of the words ‘six months’ (line one) with the words ‘three months’ 6. Section 9 is amended as follows: (1) By the replacement in line one of subsection 3, paragraph (a) of the words ‘appropriate person’ with the words ‘registered veterinarian’. (2) By the addition of a new subsection 4 as follows: ‘Without prejudice to the provisions of subsection 1 of this section, all dogs entered in the register must wear a collar with the owner’s name and telephone number’. Replacement of section 18 of the basic law 7. Section 18 of the basic law shall be deleted and replaced by the following new section: ‘Offences and Penalties 18. Any person who: (a) Owns a dog without a licence or a dog not entered in the dog register and tagged, or owns a female dog for breeding without so declaring to the director, or fails to declare to the competent authority the number of pups in each litter and the names and addresses of the people to whom they were sold, as well as the date on which they were sold, in violation of the provisions of Sections 3, 8, and 29, (b) Owns or possesses or keeps a dog without putting up a ‘beware of the dog’ sign at the entrance of his/her home or outbuildings in violation of the provisions of Section 5, (c) Allows his/her dog systematically to circulate freely in the streets, causing a nuisance, and fouling the streets without scooping up the mess, in violation of the provisions of section 6(1)(e), (d) Allows his/her dog to live in spaces or buildings which do not secure satisfactory living conditions as required for the category or breed of the dog in violation of the provisions of section 6(1)(c)(i), (e) Allows the living conditions of his/her dog to render it a hazard to public health and the health of other dogs or animals in violation of the provisions of section 6(1)(c)(ii), (f) Abandons his/her dog or at is responsible for the dog escaping in violation of the provisions of section 6(1)(c)(iii), (g) Allows his/her dog to live in spaces or buildings not belonging to him/her in violation of the provisions of section 6(1)(d), unless he/she has written authorisation to use such buildings from the lawful owner, (h) Owns a registered dog which does not wear a collar with the owner’s name and address in violation of the provisions of section 9(4), (i) Imports into Cyprus, owns, breeds, reproduces, sells, exchanges, offers, advertises, or displays for sale or exchange a dog belonging to one of the dangerous breeds with fighter characteristics and belonging to any breed contained in Schedule 5 in violation of the provisions of section 11, (j) Is a livestock breeder or shepherd and is accompanied by more than two dogs when grazing is/her flock or animals in violation of the provisions of section 25, (k) Violates the provisions of this law in any way, Is guilty of an offence and in case of a first conviction shall be liable to imprisonment for a period not exceeding twelve (12) months or to a pecuniary fine not exceeding two thousand euro (€2000) or to both penalties and in case of a second or subsequent conviction, to imprisonment for a period not exceeding twenty four (24) months or to a pecuniary fine not exceeding three thousand euro (€3000) or to both penalties’. Replacement of section 19 of the basic law 8. Section 19 of the basic law shall be deleted and replaced by the following new section 19: ‘Out of court settlement of offences 19 (1) Subject to the provisions of the Out of Court Settlement of Offences Laws of 1997 to 2010, or any other law amending or replacing it, the criminal offences whose nature is specified in sections 3, 5, 6, 8, 11, 12, 13, 14, 15, 17, 25 and 29 of this Law may be settled out of court by the levying of the rates contained in Schedule 9. (2) Notwithstanding what is specified in section 3 regarding the Out of Court Settlement of Offences Laws of 1997 to Out of Court Settlement of Offences Law 47(Ι) of 1997 82(Ι) of 2000 52(Ι) of 2002 27(Ι) of 2006 96(Ι) of 2010 127(Ι) of 2010 Amendment of section 20 of the basic law Amendment of section 22 of the basic law 2010, if in the course of the same calendar year, a person should repeatedly commit any of the offences settled out of court pursuant to the provisions of this law: (a) in connection with the commission of criminal offences the nature of which is defined in sections 12, 13, 14, 15, 17 and 25, the fine in the out of court settlement shall be doubled in case of the commission of the same offence a second time, and in case of a third or subsequent commission of an offence which is settled out of court, the fine in the out of court settlement shall be fixed at €850 (b) in connection with the commission of criminal offences the nature of which is defined in section 6(1)(c)(j), in case of a second offence in a period not exceeding one month from the commission of the first offence the fine in the out of court settlement shall be doubled, and in case of a third or subsequent commission of an offence which is settled out of court, the fine in the out of court settlement shall be fixed at €400. 9. Section 20 of the basic law is amended by the replacement of the phrase ‘subject to the provisions of section 19, if the Head of the Game Fund or his representative’, by the phrase «notwithstanding the provisions of section 5 of the out of court settlement Law and subject to the provisions of section 19, if the Head of the Game Fund or his representative’(in connection with the implementation of sections 12, 13, 14, 15, 17 and 25 of this Law) or a duly authorised representative of a local authority or an authorised Veterinarian Officer or Veterinarian Inspector (in connection with the implementation of sections 3, 5, 6, 8, 11, and 29 of this Law)’. 10. Subsections (1) (3) and (4) of section 22 of the basic law shall be replaced by the following new subsections: 22.(1) Payment of the out of court fine which has resulted from the violation of sections 2, 3, 5, 6, 8, 11 and 29 shall be made at the various offices of the Local Authority mentioned in the notice when this has been issued by a representative of the competent authority of the place in which the dog is kept, or at the district offices of the Veterinary Services when it was issued by an authorised Veterinarian Officer or Veterinarian Inspector. 22(3) The person in charge at the Local Authority or the Veterinary Services where payment of the out of court fine is paid, shall issue a standard form certificate of such payment, which he/she signs and which, should there be any subsequent criminal proceedings, shall be considered adequate proof of payment of the out of court fine. Amendment of section 29 of the basic law Replacement of Schedule 3 of the basic law 22(4) The amount of the out of court fine shall be deposited at the Local Authority at which it was paid or at the permanent fund of the Cyprus Republic if it was paid at a District Office of the Veterinary Services. 11. Subsection 2 of section 29 shall be amended by the addition after the word ‘must’ in line one of the phrase ‘within fifteen days from the date of birth of the pups’. 12. Schedule Three of the basic law shall be replaced by the following new Schedule: «SCHEDULE THREE (Section 3(4)) DOG OWNERSHIP LICENCE FEES Category of dogs Amount Dogs male not neutered €44 9 of 137(1) of 2005 Dogs male not neutered €20 9 of 137(1) of 2005 Dogs female not neutered €44 9 of 137(1) of 2005 Dogs female neutered €20 9 of 137(1) of 2005 Dangerous breeds of dogs Replacement of Schedule 9 of the basic law €170 spayed/neutered» 13. Schedule Nine of the basic law shall be replaced by the following new Schedule: «SCHEDULE NONE (Section 19) OUT OF COURT SETTLEMENT OF OFFENCES S/N DESCRIPTION OF OFFENCE 1. Dog ownership without a licence 2. A person owning a dog without a Health Certificate or Book 3. A person owning a dog without a without a Certificate of Registration and Permanent Tagging by the Director 4. A person selling or giving away a dog to another person without the necessary actions through the competent authority within 7 days from the date on which the dog ceases to be in the person’s possession 5. A person who fails to declare the death of his/her dog to the competent authority, by solemn declaration in the form contained in Schedule Six or produce a death certificate from a registered veterinarian within 24 hours from the time of the dog’s death (or the time at which the dog’s death comes to the attention of the owner) 6. A person who fails to notify the competent authority within 24 hours with regard to the loss of their dog FIXED SECTION VIOLATED FINE €85 3(1) €85 3(2)(α) €85 3(2)(β) €85 3(6)(α) €85 3(6)(β) €85 3(6)(c) 7. A person keeping dogs in the common-use spaces of apartment buildings (garage spaces, roof terrace, uncovered areas etc) 8. A person who fails to put up a sign with the words ‘Beware of the dog’ at the entrance of their home and/or out buildings 9. A person whose dog appears dangerous (as ascertained by the local authority) when the dog is outside the owner’s premises 10. A person who does not take all appropriate measures to prevent the nuisance caused by loud and persistent barking 11. A person owning a dog which belongs to one of the breeds included in Schedule Five and which has not been declared as such. 12. A person owning a dog which belongs to one of the breeds included in Schedule Five and which has been declared as a non-dangerous breed by a registered veterinarian 13. A registered veterinarian who has declared a dog belonging to one of the breeds included in Schedule Five as a non-dangerous breed 14. A person who does not possess spaces or premises securing satisfactory living conditions as required by the category or breed of the dog €85 3Α(4) €85 5 €85 6(1)(α)(i) €85 6(1)(α)(ii) €85 6(1)(α)(iii) €85 6(1)(α)(iii) €85 6(1)(α)(iii) €85 6(1)(c)(i) 15. A person who permits his/her dog to live in conditions €85 rendering it dangerous for public health and the health of other dogs or animals 16. A person who does not take the necessary measures to €85 prevent their dog from running away or who abandons the dog 17. A person whose dog is living in premises not belonging €85 to the dog’s owner, without written permission from the legal owner of the premises The amount shall be doubled in the next complaint which shall have been made before the passing of at least one month after the first 6(1)(c)(ii) 6(1)(c)(iii) 6(1)(d) 18. A person who fails to remove his/her dog’s droppings €85 and thereby pollutes any public or private space 19. A person who allows his/her dog to wander freely in any €85 public street or private open space 20. A person who owns a dog older than three months that €85 is not registered in the Register kept by the Director 21. A person who owns a registered dog which does not €85 wear a collar with the owner’s name and address 22. A person who imports into Cyprus dangerous breeds €85 with fighter characteristics or which are bred with the aim of developing such characteristics and which belong to any of the breeds listed in Schedule Five 23. A person who owns, breeds, reproduces, sells, €85 exchanges, offers, advertises, or displays for sale or exchange a dog belonging to one of the dangerous breeds with fighter characteristics and belonging to any breed contained in Schedule 5 24. A person who owns a dog belonging to one of the breeds €85 listed in Schedule Five and has not seen to its neutering or castration by a registered veterinarian who issues the appropriate certificate which he notifies immediately to the competent authority and the Director 25. A person who has not insured a dog which belongs to a €85 breed listed in Schedule Five against damage to foreign property and injury against any person. 26. A person who which belongs to a breed listed in €85 Schedule Five and does not wear a muzzle approved by the Director or is not tied to a leash when outside the boundaries of the owner’s house or premises. 27. Shepherds or livestock breeders accompanied by dogs - €85 Shepherds or livestock breeders who are accompanied by more than two dogs when grazing their flocks or other animals 28. Dogs for breeding A person who has not declared to the Director within ten days from the date in which the dog comes into his/her possession or ownership, that the dog is €85 6(1)(e) 6(1)(e) 8(2) 9(4) 11(1)(α) 11(1)(β) 11(2)(α) 11(2)(β) 11(2)(β) 25 29(1) intended for breeding 29. Shepherds or livestock breeders accompanied by dogs - €85 25 Shepherds or livestock breeders who are accompanied by registered hunting dogs when grazing their flocks outside the areas designated for exercising hunting dogs Reasoning Report As has been stated repeatedly by the Local Authorities, there is serious difficulty in implementing the Dogs’ Laws because the licence fees are very low and the municipalities and communities are not able to respond to the high labour costs required to oversee and implement the law. At the same time, the absence of penalties which will impose respect and enforcement of the law, the registration and tagging of the dogs as well as animal welfare, require the immediate imposition of out of court settlement of violations by citizens. Because there have been repeated instances of the keeping of dogs on balconies of apartment buildings or other spaces, under unacceptable conditions of hygiene for both animals and humans, by persons who are not in a position to own large numbers of dogs, it is essential to limit the number of animals each individual may own.