ORDINANCE 9 OF 2006

AN ORDINANCE

AN ORDINANCE TO AMEND AND CONSOLIDATE THE

ORDINANCES RELATING TO DOGS

R. H. LACEY

ADMINISTRATOR

BE it enacted by the Administrator of the Sovereign Base Areas of Akrotiri and Dhekelia as follows:

1.

This Ordinance may be cited as the Dogs Ordinance 2006.

Short title.

2.

In this Ordinance unless, the context otherwise requires

approved trap has the meaning given by section 27(3);

authorised person means a person authorised by the Chief Officer under section 31(1);

authorised veterinarian means a registered veterinarian authorised by the Chief Officer under section 31(2);

Interpretation.

competent authority means

(1) except where (2) or (3) apply:

(a) in relation to any place situated within an overlapping community, the Council of that Community;

(b) in relation to any

i. place occupied by the Crown in any capacity, or

ii. land to which access is controlled or restricted by the Crown in any capacity, or

iii. any premises situated within any land referred to in subparagraph (ii),

the Area Officer;

(c) in relation to any other place, the Community Council for that place;

(2) for the purposes of sections 8 and 28:

(a) in relation to any place situated within an overlapping community, the Director of Veterinary Services of the

;

(b) in relation to any

i. place occupied by the Crown in any capacity, or

ii. land to which access is controlled or restricted by the Crown in any capacity, or

iii. any premises situated within any land such as is referred to in sub-paragraph (ii),

the Area Officer;

(c) in relation to any other place, the Director of Veterinary Services of the

.

(3) for the purposes of section 12:

(a) in relation to any place situated within an overlapping community, the Head of the Game Service of the

;

(b) in relation to any

i. place occupied by the Crown in any capacity, or

ii. land to which access is controlled or restricted by the Crown in any capacity, or

iii. any premises situated within any land such as is referred to in sub-paragraph (ii),

the Area Officer;

(c) in relation to any other place, the Head of the Game Service of the

.

dog means a dog of any breed and gender which is at least 3 months old;

dog tagging certificate in relation to any dog means the certificate relating to the dog which certifies that the dog has been tagged in accordance with the requirements of section

pet passport means a document issued by a veterinarian certifying that the animal to which the passport relates is in good health and able to withstand carriage to its destination and which is issued for the purpose of accompanying the carriage of that animal from one member State to another;

Ord. 23/2007

registered veterinarian means a practitioner as defined by section 2 of the Veterinary Surgeons Ordinance 1964;

registration certificate in relation to any dog means the certificate issued by the competent authority in relation to the dog when the dog is recorded in the Dogs Register under section 8;

stray dog means a homeless dog or a dog which, being in a place which does not form part of premises occupied by its owner or by any other person having care of it, is not under the direct supervision of its owner or of another person having care of it.

Ordinance

21/1964.

PART II

OWNERSHIP OF DOGS

3.

(1) The owner of a dog shall hold a licence (a dog licence) in respect of the dog in the form described in Schedule 1 and issued by the competent authority.

(2) A dog licence shall be issued on an application accompanied by

Dog licence.

Schedule 1.

(a) a health certificate or booklet in the form set out in Schedule 2 and issued by a registered veterinarian in respect of the dog (the relevant dog) to which the application relates or a pet passport issued in respect of the relevant dog;

(b) the registration certificate relating to the relevant dog;

(c) the dog tagging certificate relating to the relevant dog; and

Schedule 2.

(d) a receipt showing that the appropriate fee as provided for in Schedule 3 in respect of the relevant dog has been paid.

Schedule 3.

(3) A dog licence shall be valid for a period of 1 year commencing on the day that it is issued, and the owner shall apply for the renewal of such a licence no later than 15 days before it is due to expire and upon presentation of a health certificate or booklet issued by a registered veterinarian in respect of the relevant dog or a pet passport issued in respect of the relevant dog and on payment of the appropriate fee as provided by Schedule 3. The form and content of the health certificate or booklet set out in Schedule 2 may be varied by an order made by the Administrator under this section and published in the Gazette.

(4) The fees for a dog licence shall be payable to the competent authority. Dog breeders, shepherds and (in respect of their guide dogs) blind persons are exempted from the requirement to pay a fee for a dog licence.

Schedule 3.

Schedule 2.

(5) The competent authority shall keep a record of the name, identity number, address, telephone number and profession of each person to whom a dog licence is issued, and the registration number of the dog, with all such other information as is set out in Schedule 4.

Schedule 4.

(6) The holder of a dog licence shall cease to be accountable in respect of the relevant dog

(a) if he sells the dog or gives it to another person and he and the new owner apply jointly to the competent authority for the dog licence to be transferred to the new owner and the competent authority endorses the dog licence accordingly;

or

(b) if he delivers to the competent authority

(i) a solemn declaration in the form set out in Schedule 6 declaring that his dog has died, or

(ii) a death certificate relating to the dog and issued by a registered veterinarian;

(c) if he reports the loss of the dog to the competent authority and either

(i) 6 months have elapsed since he did so, or

(ii) within that period a police investigation into the loss of the dog concludes that the dog had been stolen.

Schedule 6.

4.

(1) The competent authority may inspect the dwelling or other premises at which the dog is housed in order to establish whether or not the conditions in which the dog is living present any danger to public health or safety or the welfare of people.

(2) If it appears that the conditions in which a dog is living are such that the provisions of the Protection and Welfare of Animals Ordinance 2001 are being contravened, a report shall be made to the Chief Officer or to an authorised veterinary officer in order that the case may be investigated in accordance with the provisions of that Ordinance.

Inspection of premises.

Ordinance 20/2001, amended by Ordinance

40/2003.

5.

The owner, carer or keeper of a dog must have a sign prominently displayed outside the premises at which the dog is housed bearing the words Beware of the dog.

Dog warning sign.

6.

(1) The competent authority may reject an application for a dog licence or for the renewal of a dog licence or may revoke a dog licence for any of the following reasons

(a) that the dog

(i) appears to the competent authority to be a danger to the public or to other animals when it is elsewhere than at premises of its owner;

or

(ii) appears to the competent authority to be causing a nuisance;

or

Rejection of application etc.

(iii) belongs to one of the breeds mentioned in Schedule 5 and this fact is certified by a registered veterinarian or by an authorised person:

Provided that this subparagraph does not apply in relation to a dog for which a licence has been obtained under section 11;

(b) that the applicant for the dog licence is under 16 years of age or has been convicted of an offence contrary to the Protection and Welfare of Animals Ordinance 2001;

(c) that the applicant for the issue or renewal of a dog licence

(i) does not have premises suitable for housing a dog of the breed in question;

(ii) that the conditions in which the dog is living make the dog a danger to public health or to the health of other animals;

(iii) has abandoned the dog or through his fault has allowed the dog to escape from his control;

(d) that the dog has entered upon premises belonging to a person who has not consented either expressly or impliedly to the dogs doing so;

(e) that the dog has been allowed to roam or to defecate in a public place or to cause nuisance to members of the public and, notwithstanding that he had been given written warning by the competent authority concerning these matters, the owner of the dog has failed to take all such steps as were appropriate in the circumstances of the case.

(2) Where the competent authority is satisfied that any of the circumstances described in paragraphs (a) to (e) of subsection (1) above apply to any person or to his dog, the owner shall deliver the dog to the competent authority which in turn shall deliver the dog to an organisation established for the protection of animals or to some other person capable and willing to take care of the dog.

(3) If it is not possible to deliver the dog to an organisation for the protection of animals or to some other person as mentioned n subsection (2) above within 30 days from the day that the dog is delivered to the competent authority, the competent authority shall arrange for the dog to be destroyed in a manner consistent with the provisions of the Protection and Welfare of Animals Ordinance 2001.

(4) Any expenses incurred from the application of this section in relation to any dog shall be recoverable as a debt from the owner of the dog.

Schedule 5.

7.

(1) The competent authority shall maintain facilities for the accommodation of dogs.

(2) The competent authority may designate and publicise places where, notwithstanding section 18(e)(iii) below, dogs may walk without having to be leashed.

Facilities.

8.

(1) The competent authority shall

(a) keep a register (the Dogs Register) in which he shall record in respect of each dog registered therein its registration number and the information referred to in Schedule 2;

(b) issue to the owner of any dog registered in the Dogs Register a registration certificate relating to his dog.

(2) The owner, carer or keeper of a dog over the age of 6 months shall produce to the competent authority a health certificate or booklet or a pet passport such as is mentioned in section 3(2)(a) above in order that particulars of the dog may be entered in the Dogs Register.

(3) The Chief Officer may by notice published in the Gazette specify the fee which may be charged for the registering of a dog in the Dogs Register.

Dogs Register.

Ord. 23/2007

Schedule 2.

9.

(1) The owner of a dog which has been entered in the Dogs Register must ensure that the dog bears a tag at all times with the number or other mark by which it is identified in the Dogs Register.

(2) The Chief Officer may determine the manner in which dogs are to be tagged.

(3) The Chief Officer may, by a notice published in the Gazette

(a) appoint persons or describe categories of persons who are authorised to tag dogs;

(b) specify the particulars which are to be recorded in the certificate (a dog tagging certificate) which such a person must issue in respect of each dog that he tags;

(c) specify the fees that may be charged for the tagging of a dog or provide that such fees may be determined by the person who tags the dog.

(4) Any person who by virtue of subsection (3) above is authorised to tag dogs shall notify the competent authority of any dog that he has tagged within 1 month of the tagging.

(5) Where any dog has been tagged by a veterinarian approved for this purpose in any member State, there shall be no requirement for that dog to be further tagged in the Areas, provided that a registered veterinarian certifies that he has established the presence of such a tag in the dog by means of a device approved for this purpose by the Chief Officer.

Dog Tags

10.

(1) A stray dog may be captured by the competent authority which shall use its best endeavours to trace the owner of the dog and notify him of such capture. The owner shall be liable to pay to the competent authority any expenses connected with the capture and keeping of the dog, and where necessary, its examination and treatment by a veterinarian. In a case of extreme urgency which presents a direct danger to the public and where it is impossible or difficult for the competent authority to capture a stray dog and it is not possible to obtain the services of a veterinarian immediately, the dog may be destroyed by a police officer who, in destroying the dog, shall cause it the minimum possible physical and psychological suffering by using a method for destroying the dog provided for in this subsection. Where the competent authority is unable to trace the owner of a captured stray dog within a period of 96 hours commencing at the time that the dog is captured, the dog may either be delivered to another person willing to take care of it, or the dog may be destroyed by a veterinarian. During the period when a stray dog is captured and held under this section it shall be held at premises approved by the Chief Officer. The method of destroying a dog must

(a) cause its immediate loss of consciousness followed by its death; or

(b) start by the administering to the dog of a general anaesthetic followed by a process leading to its death painlessly.

(2) No compensation shall be payable to the owner of a dog which is destroyed in accordance with the provisions of
subsection (1) above.

Strays.

11.

(1) A person shall not

(a) import any dog belonging to any dangerous breed having the characteristics of fighting dogs, or which is bred for the purpose of developing such characteristics and which belongs to any of the breeds mentioned in Schedule 5; or

(b) possess, breed, reproduce, sell or exchange, or offer or advertise to sell or exchange any dog such as is described in paragraph (a) above:

Provided that possession by any person of a dog belonging to any breed mentioned in Schedule 5 shall not constitute an offence if the owner has held a dog licence in respect of the dog continuously since

or earlier:

Provided further that any cross-bred dog bred from a breed mentioned in Schedule 5 is to be treated as falling within that Schedule and any dog derived from such a cross-bred dog shall also be treated as falling within that Schedule if a veterinarian certifies that the characteristics of the dangerous breed are predominant in that dog:

Provided still further that the Administrator may by order published in the Gazette amend Schedule 5.

(2) Any dog belonging to a breed mentioned in Schedule 5 which is kept in the Areas on the day that this Ordinance comes into force must have been neutered before 1st February 2005 by a registered veterinarian who must have issued a certificate certifying such neutering and notified the competent authority and the Chief Officer of it.

Without prejudice to the generality of the foregoing, the owner or keeper of a dog belonging to a breed mentioned in Schedule 5 must be insured against third party risks in respect of damage to property belonging to another or injury to any person, and when such a dog is at any place other than premises belonging to its owner it must be fitted with a muzzle of a kind approved by the Chief Officer and must be held on a leash by a person of at least 16 years of age:

Provided that if a veterinarian or veterinary officer declares that a dog such as is referred to in this subsection has a tendency to be aggressive to the public or to other animals, the competent authority may capture the dog and have it destroyed by a veterinarian:

Provided further that in a case of extreme urgency presenting a danger to the public, where it is impossible or difficult for the competent authority to capture such a dog and it is not possible to obtain the services of a veterinarian immediately, the dog may be destroyed by a police officer subject to the same conditions as apply to the destruction of a stray dog under section 10(1) above.

Prohibitions.

Schedule 5.

PART III|

GUN DOGS

12.

(1) A person shall not use a dog for hunting (a gun dog) unless there is in respect of the gun dog a licence (a gun dog licence) issued by the competent authority and in such form as he may determine.

(2) An application for a gun dog licence shall be made to the competent authority.

(3) The competent authority shall keep a record of each gun dog licence issued under this section.

Licence to use a gun dog.

Ord. 23/2007

13.

A hunter shall not be accompanied by more than 2 gun dogs when he is hunting.

Hunter may not hunt with more than 2 gun dogs.

14.

(1) The owner or keeper of a gun dog in respect of which he has a gun dog licence shall not transport his gun dog for training to any place other than to such an area (a designated training area) as the Area Officer may, with the approval of the Chief Officer, designate for such purpose.

(2) The Area Officer may, with the approval of the Chief Officer, determine the times during which gun dogs may be trained in a designated training area.

(3) A person shall not train more than 4 gun dogs in a designated training area at any one time.

(4) A person shall not take to a designated training area, whether for training or for any other purpose, a dog belonging to any of the following breeds, or belonging to any breed similar to any of the following breeds, that is to say greyhound, Afghan hound, Saluki, Sluki, Basenji, Borzoi, whippet or Italian greyhound.

Training of gun dogs in designated areas.

15.

(1) The Chief Officer may grant a licence in accordance with Schedule 7, authorising a person to use land as a designated training area for gun dogs, subject to such conditions as the Chief Officer may impose and in accordance with regulations made under this Ordinance.

(2) A designated training area must be surrounded by a fence and be at least 1 kilometre from any urban area, military installation, sports stadium, picnic site, camp site, school, church or other place of worship.

(3) A licence granted under this section shall be valid for a period of 1 year from the date of its issue, but may be renewed provided that

(a) the conditions subject to which the licence was granted are fulfilled; and

(b) any regulations such as are mentioned in subsection (1) above are complied with in relation to the land. The fees for the issue or renewal of such a licence shall be determined by the Chief Officer and shall be published by notice in the Gazette.

(4) Such fees shall be payable to the competent authority.

(5) A person commits an offence if he uses any land to train gun dogs if there is no licence under subsection (1) above in force in relation to that land.

Licence to use designated areas for training gun dogs:

Schedule 7.

16.

Section 3(6)(a) shall apply to the transfer of a gun dog as it applies to the transfer of any other dog.

Transfer of a gun dog.

17.

A person commits an offence if at any time he allows his gun dog to roam unattended in a game reserve.

Offence of allowing a gun dog to roam in a game reserve.

PART IV

OFFENCES AND PENALTIES

18.

Any person who

(a) owns a dog but does not have a dog licence for it or have it registered or tagged; or

(b) otherwise owns a dog in contravention of any provision of this Ordinance; or

(c) does any act with the intention of deceiving, or which is likely to deceive, the competent authority, the Chief Officer or the Area Officer in relation to the registration or control of dogs under this Ordinance; or

(d) abandons any dog or does not take appropriate measures to prevent its escaping or straying; or

(e) allows any dog which he owns or keeps

(i) to bark for such periods and so loudly as to cause annoyance to the public; or

(ii) to defecate in any public place without the person for the time being in charge of the dog collecting the excrement; or

(iii) to roam in a public street or any other public place or in any place belonging to a person who has not consented either expressly or impliedly to the dogs entering onto his property; or

(iv) to annoy or harm any game or damages facilities provided at any place used for the protection of game;

or

(f) in any other way contravenes any provision of this Ordinance, is guilty of an offence and is liable, on a first conviction, to imprisonment not exceeding 12 months or to a fine not exceeding 1,000 or to both such penalties, and on any subsequent conviction, to imprisonment not exceeding 24 months or to a fine not exceeding 2,000 or to both such penalties:

Provided that a person who is convicted of an offence contrary to paragraph (c) above by reason of his having delivered a solemn statement pursuant to section 3(6)(b)(i) above which was false, is liable to imprisonment not exceeding 3 months or to a fine not exceeding 1,000 or to both such penalties.

Offences and penalties.

PART V

FIXED PENALTIES

19.

(1) A person who contravenes section 12, 13, 14, 15, 17 or 25 may avoid being prosecuted for the contravention if he pays a fixed penalty in respect of it in accordance with the provisions of this Part.

(2) The amount payable by way of fixed penalty for any contravention such as is referred to in subsection (1) above is the amount provided for in Schedule 8 in relation to the contravention in question.

Fixed penalties for certain contraventions.

Schedule 8.

20.

If he considers that a person has contravened any of the sections mentioned in section 19(1) above, the Chief Officer may serve that person with a notice in writing (a fixed penalty notice) giving him particulars of the alleged contravention and informing him that he may avoid prosecution for the contravention if he pays by way of a fixed penalty

(a) the amount specified in the fixed penalty notice (being such amount as is provided for in Schedule 8 for a contravention of the description alleged to have been committed by that person) within 30 days of the date of the fixed penalty notice; or

(b) one and a half times that amount after the expiration of those 30 days but before the expiration of the subsequent 15 days.

Fixed penalty notice to offender Schedule 8.

21.

No prosecution may be brought against a person in respect of any contravention in relation to which he has been served with a fixed penalty notice

(a) before the expiry of 45 days from the date of issue of the fixed penalty notice; or

(b) if payment of the fixed penalty is made in accordance with the terms of the fixed penalty notice.

No prosecution before end of period of fixed penalty notice or if fixed penalty is paid.

22.

(1) Payment of any fixed penalty under this Part shall be made to such person and at such place as shall be specified in the fixed penalty notice relating to the contravention to which the notice relates.

(2) Payment of a fixed penalty under this Part shall not be treated as if it were in respect of a conviction for an offence.

(3) The person to whom any fixed penalty is paid in accordance with this Part shall issue a receipt in respect of the payment and in any proceedings such receipt shall be admissible as evidence of the payment of the fixed penalty for the contravention in respect of which the penalty was imposed.

Payment of fixed penalty.

23.

A fixed penalty notice served on any person shall

(a) specify the provision which he is alleged to have contravened;

(b) include sufficient particulars of the alleged contravention as to enable the person concerned to know the grounds for the allegation;

(c) state that no prosecution will be instituted for the contravention before the elapse of the period of 45 days from the date of the fixed penalty notice;

(d) specify the amount payable by way of fixed penalty for the contravention if payment is made within 30 days of the date of the fixed penalty notice and state that if that amount is not paid within those 30 days, it will be increased by 50% for the remaining 15 days of the period of 45 days mentioned in paragraph (c) above;

(e) specify the person to whom and the address to which payment of the fixed penalty has to be made.

Contents of a fixed penalty notice.

24.

A person who pays a fixed penalty under this Part in respect of a contravention shall not be regarded as having been convicted of an offence for that contravention, but the fact of the payment of the fixed penalty may be taken into account by a Court if the person concerned is subsequently convicted of any offence under this Ordinance.

Effect of paying fixed penalty.

PART VI

MISCELLANEOUS PROVISIONS

25.

A shepherd or animal stock breeder shall not be accompanied by more than 2 dogs while his flock or stock is grazing. A dog accompanying a shepherd or animal stock breeder when his flock or stock is grazing or being transported does not have to be leashed.

Sheep dogs etc.

26.

Without prejudice to the generality of section 25 above, a dog belonging to a shepherd or animal stock breeder and which is not leashed when it is in any place which does not form part of premises occupied by the shepherd, animal stock breeder or of any other person for the time being having care of the dog, may be captured by the competent authority or by any person authorised to do so by the Chief Officer.

Unleashed sheep dogs etc

27.

(1) Any police officer, game warden or authorised person may place, set up and use approved traps for capturing stray dogs.

(2) A police officer, game warden or authorised person who captures a stray dog in an approved trap shall deliver the dog to the competent authority which shall deal with it in accordance with section 10 above.

(3) For the purposes of this Ordinance approved trap means a trap which is manufactured in accordance with a design approved by the Chief Officer under this section as being a design which, to the Chief Officers satisfaction, causes no pain or suffering to any dog captured in it or coming into contact with it.

Approved traps.

28.

(1) Any person who acquires a bitch for breeding purposes shall notify the competent authority of that fact within 10 days of his acquisition of the bitch.

(2) The owner of a bitch owned for breeding purposes must, in respect of each litter born to the bitch, notify the competent authority of the following particulars as soon as is practicable

(a) the number of puppies born;

(b) the name and address of the person to whom he has transferred any puppy; and

(c) the date that any puppy was transferred to any person.

(3) The competent authority may, not more frequently than at intervals of 3 months, check whether any bitch used for breeding is pregnant, whether or not the use of the bitch for breeding is for any commercial purpose.

Bitch acquired for breeding purposes.

Ord. 23/2007

29.

The Chief Officer may, by notice published in the Gazette, specify places, premises or means of transport where a dog or any specified breed of dog is not allowed to be present or may only be allowed to be present subject to such conditions as may be specified in the notice.

Commencement.

30.

The Chief Officer may, by notice published in the Gazette, and on the recommendation of the competent authority prohibit, or allow subject to conditions, the breeding, keeping, training, exercising, circulation or presence of dogs in any area specified in the notice, on the grounds of public health, welfare and safety, or the health and welfare of other animals, or for the benefit of the environment.

Places where dogs may be prohibited.

31.

(1) The Chief Officer may authorise such persons as he considers fit

(a) to perform any of the duties imposed on, and to exercise any of the powers granted to the Chief Officer under this Ordinance; and

(b) to perform such duties as are imposed on, and to exercise such powers as are granted to, an authorised officer under this Ordinance.

(2) The Chief Officer may authorise such registered veterinarians as he considers fit to perform such duties as are imposed on, and to exercise such powers as are granted to an authorised veterinarian under this Ordinance.

(3) The competent authority may authorise such persons as it considers fit to perform any of the duties imposed on, and to exercise any of the powers granted to, the competent authority under this Ordinance.

Restrictions on grounds of public health etc.

32.

(1) Any authorised veterinarian may hold, examine and treat, sterilise or destroy any dog which is starving or which is otherwise living in miserable conditions or which poses a danger to public health.

(2) In an urgent case, where a dog presents a direct danger to the life, safety or health of humans or animals, any police officer or any authorised person may capture the dog or, where it is impossible to capture it, may destroy it in accordance with the provisions of section 10 above.

Exceptional measures.

32A.

Any power or duty conferred or imposed on an officer of the Republic of Cyprus under this Ordinance is to be treated as if it were delegated to that officer under the Delegation of Functions to the Republic Ordinance 2007(b).

Ord. 23/2007

Ord. 17/2007

33.

The Administrator may make regulations, which shall be published in the Gazette, for the more effective application of the provisions of this Ordinance.

Authorised persons etc.

34.

The Dogs Ordinance 2004 and the Dogs (Amendment) Ordinance 2005 are repealed.

Regulations.

35.

This Ordinance comes into force on the day of its publication in the Gazette.

SCHEDULES/...

Repeals.

Ordinance 38/2004 and Ordinance 7/2005.