Dog Law amendements in English.

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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.
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