Animals and Birds (Dog Licensing and Control) Rules

Animals and Birds Act

(CHAPTER 7, Section 70)

R 1

REVISED EDITION 1994

(30th April 1994)

[1st January 1966]

Citation

1. These Rules may be cited as the Animals and Birds (Dog Licensing and Control) Rules.

Definition

2. In these Rules, unless the context otherwise requires, “Licensing Officer” means the Director of Primary Production, or any officer duly authorised by him in writing.

Animal licence

3.—(1) No person shall own or keep a dog which is over 3 months of age unless that person has taken out a licence in respect of the dog at such place or places as may be designated by the Licensing Officer from time to time and notified in the Gazette.

(2) The Licensing Officer may issue a licence subject to conditions or may refuse to issue or renew a licence.

(3) The licensee shall keep the dog at the address as stated in the licence.

(4) The Licensing Officer may, in his discretion, permit the keeping of more than 3 dogs in each dwelling-house, subject to additional conditions and licence fee.

Licensee of specified dogs to comply with certain requirements

4. Every licensee of a dog falling within any of the breeds specified in Part I of the Schedule shall comply with the following requirements:

(a)	the dog shall be identified by ear tattoo or some other means of permanent identification approved by the Licensing Officer;
(b)	the dog, if over 6 months of age, shall be sterilised;
(c)	the licensee shall have in force a policy of insurance approved by the Licensing Officer for an amount not less than $100,000 to cover any injury to persons or animals or damage to property caused by the dog; and
(d)	the licensee shall furnish security in the form of a cash deposit for $5,000, which shall be forfeited if the licensee allows the dog to be in a public place otherwise than on a leash and securely fitted with a muzzle sufficient to prevent it from biting a person or if the dog is reported lost.

Fees

5.—(1) Subject to paragraph (2), the following licence fees shall be payable to the Licensing Officer:

Up to 3 dogs

(a)	Male dog licence

... $10 per annum.

(b)	Female dog licence

... $50 per annum.

(c)	Sterilized female dog licence

... $10 per annum.

Fourth or subsequent dog

(irrespective of sex)

... $150 per annum.

(2) The licence fee payable for each fourth or subsequent dog in respect of which a licence had been granted before 1993 shall be as follows:

(a)	Male dog licence

... $10 per annum.

(b)	Female dog licence

... $50 per annum.

(c)	Sterilized female dog licence

... $10 per annum.

(3) A licence shall expire on the last day of the preceding month in the following year from the date of issue.

(4) The licensee shall renew the licence upon its expiry unless he notifies the Licensing Officer of the loss or death of his dog and produces documentary proof of such loss or death. The effective date of renewal of the licence shall be the date immediately following the day of expiry of the licence.

(5) When ownership of a dog is transferred, the transferee shall produce the licence to the Licensing Officer for endorsement.

Badge

6.—(1) Upon the registration of a dog, the owner of the dog shall pay to the Licensing Officer the licence fee and an additional fee of $6 for a badge.

(2) No badge will be issued by the Licensing Officer upon renewal of the licence.

(3) The licensee shall cause the badge to be securely attached by means of a collar to the neck of the dog in respect of which the licence is issued.

(4) Where the badge is lost, a replacement badge may be issued on production of the licence referred to in rule 3 and on payment of $4.

(5) Any dog which is found —

(a)	in any place or premises without the badge securely attached to its neck by means of a collar;
(b)	at large;
(c)	in a public place otherwise than on a leash; or
(d)	in a public place without being securely fitted with a muzzle sufficient to prevent the dog from biting a person, where it is one of the breeds specified in the Schedule,

may be seized, impounded, destroyed or otherwise dealt with in such manner as the Licensing Officer thinks fit.

(6) A person who permits a dog —

(a)	to be without the badge securely attached to its neck by means of a collar;
(b)	to be at large;
(c)	in a public place otherwise than on a leash; or
(d)	to be in a public place without being securely fitted with a muzzle sufficient to prevent the dog from biting a person, where it is one of the breeds specified in the Schedule,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.

(7) Any dog which has been seized or impounded under this rule may, at the discretion of the Licensing Officer, be released to its owner or keeper if the cost of feeding and caring for the dog and other expenses incurred by the Licensing Officer have been paid to him.

Diseased dogs

7. No person shall —

(a)	own or keep a dog suffering from sarcoptic or follicular mange which is not under veterinary treatment; or
(b)	permit a dog suffering from sarcoptic or follicular mange which is under veterinary treatment to wander from his premises otherwise than on a leash and under proper control.

Treatment

8. Any dog which is found to be suffering or suspected to be suffering from any disease may be impounded and taken to an animal infirmary and may be —

(a)	released after examination;
(b)	treated in the infirmary until cured; or
(c)	destroyed at once, or at any time whilst under treatment in the infirmary,

and the Licensing Officer may recover the expenses of such treatment from the owner of the dog.

Restriction on keeping diseased or injured dog

9.—(1) The owner of any dog suffering from any obvious skin disease or distemper shall keep the dog confined to his premises.

(2) The Licensing Officer may order the owner or person keeping any dog suffering from any disease or injury to have the dog treated at the animal infirmary.

(3) Any such dog whose owner is not known or cannot readily be found may be impounded at any police station or at any other place by any police officer or by an officer of the Veterinary Division of the Ministry of National Development, and there detained pending instructions of the Licensing Officer.

(4) The expenses of the treatment at the animal infirmary shall be borne by the owner or person keeping such dog.

(5) If a veterinary surgeon at the animal infirmary considers the condition incurable or the keeping of the dog alive entails suffering amounting to cruelty to the dog, he may destroy the dog.

Authority to enter land and houses

10.—(1) Any officer generally authorised in that behalf by the Licensing Officer may at all reasonable times enter any land or premises not being a dwelling-house for the purpose of enforcing these Rules.

(2) Any officer specifically authorised in writing by the Licensing Officer may enter any dwelling-house for the purpose of searching, securing and impounding any dog.

Presumption of ownership

11.—(1) Any person into or out of whose house, premises or building a dog is seen to enter or go or on whose premises a dog is frequently seen shall be presumed, until the contrary is proved, to be the person who owns or keeps the dog.

(2) When ownership of a dog is transferred, the licence and receipt shall be produced at the place where it was issued and the name and address of the transferee shall be endorsed thereon by the Licensing Officer.

Notice to produce dog for inspection

12.—(1) The Licensing Officer may at any time by notice by registered post addressed to the owner of a dog or to any person reasonably believed to be keeping a dog or to be permitting the keeping of a dog in premises of which he is the occupier to produce the dog for inspection at an animal infirmary within 7 days of receipt of the notice.

(2) The owner of the dog or the person who keeps the dog or who permits the dog to be kept in premises of which he is the occupier shall comply with the requirements of the notice issued by the Licensing Officer under this rule.

(3) Any such dog may be released, destroyed after examination, treated in the infirmary until cured, or destroyed whilst under treatment and the Licensing Officer may recover the expenses of such treatment from the person to whom the notice was addressed.

Revocation of licence

13.—(1) A licence issued under rule 3 may be revoked by the Licensing Officer if the licensee fails to comply with any of the provisions of these Rules or any of the conditions of the licence or if the Licensing Officer is satisfied that any material statement or declaration made in or in connection with the application for the licence was false or misleading.

(2) Where a licence has been revoked under paragraph (1), the owner shall, within 7 days of the revocation of the licence, surrender the dog to the Licensing Officer or may with the prior approval in writing of the Licensing Officer transfer the ownership and custody of his dog to another person.

(3) Where a person whose licence has been revoked fails to comply with paragraph (2), the Licensing Officer may impound the dog and dispose of it in any manner he thinks fit.

Penalty

14.—(1) Any person who contravenes or fails to comply with rule 3, 7, 9(1) or 12(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

(2) The Licensing Officer may compound any offence under these Rules by accepting from a person reasonably suspected of having committed the offence a sum not exceeding $50.

Exemption

15. The Licensing Officer may, with the approval of the Minister, exempt any person, society or organisation from the provisions of all or any of these Rules.

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