Three months after the Dog Control (Amendment) Act 2014 became law, no provisions have been put in place by the Government for owners of dangerous dogs (Class A) to register, licence, inspect or obtain insurance for their animals.Even though the law, which was partially passed on June 2, would see dangerous dog owners face jail time of up to ten years and $200,000 in fines, no measures have been put in place so they could comply with the law.
Meanwhile, parts of the act still remain in the doghouse.According to Kristel-Marie Ramnath, animal behaviourist and welfarist, dangerous dog owners still have no way to:
a) Register Class A dogs
b) Obtain licences for Class A dogs
c) Have their premises inspected for the keeping of Class A dogs
d) Obtain a policy of insurance for Class A dogs
e) Obtain a certificate of good character issued by the Commissioner of Police for the ownership of a Class A dog
f) Have mandatory microchipping of Class A dogs for compliance with the legislation
g) Have mandatory training of Class A dogs by a certified dog trainer for compliance with the legislation
h) Provide kennel regulations for owners of five or more Class A dogs
Even in the absence of these measures, a lawyer told the Sunday Guardian that dog owners could still be prosecuted.
Just last week, Akel Sylvester, 16, a student at the Princes Town West Secondary School was mauled by four pit bulls at his friend's home in New Grant, while 52-year-old Wayne Richardson, of St Julien Village, was attacked by two pit bulls while on his way to work.
The new act, which amends the Dangerous Dogs Act 2013, puts dogs into two categories, Class A and Class B. Class A is either the "pure" breed or any dog mixed with the following six breeds: the American Pit Bull Terrier, the American Staffordshire Terrier, the American Bully, the Dogo Argentino, the Japanese Tosa and the Fila Brasileiro. Class B dogs refers to all dogs whether of pure breeds or mixed breeds.
Some pet owners are still unsure which category their dog falls into. According to the new law, the appearance and physical characteristics of their dog must predominantly conform to the standards of any of the types listed as established by the Federation Cynologique Internationale, United Kennel Club, Canadian Kennel Club or the American Kennel Club and as certified by a veterinary surgeon.
Animal activist Jowelle De Souza and recipient of the Humming Bird Medal (Bronze) said the Government has not put adequate structures in place and there is "no expert" to assist dangerous dog owners with any problems.Also of concern for dog owners is the hefty $250,000 insurance requirement that each owner of a Class A dog must have to cover compensation in the event that their pet attacks someone.
Despite not yet being law, an insurance agent pointed out that insurance firms will cover up to two Class A dogs on the property and will also cover if the dog bites outside of the property.According to one animal clinic, the cost of the chip for the dogs is $250 and it is just like having an injection. Owners of an aggressive dog may have to sedate the dog during the procedure for an extra fee. There would also be a charge for registration on the database, which is about $100.
Calls to Attorney General Anand Ramlogan as well as a text message to find out why some of the remaining provisions in the act have not been dealt with, went unanswered.
Important sections of the act
The sections of the act that have been proclaimed and are currently in force are: Sections 1 to 5, 5A, 8, 14, 15, 17, 18, 19 to 26, 26A, 28 and 30. According to Ramnath, dog owners should be mindful of some of the important sections of the act that have been proclaimed and are enforceable as of June 2.
-Where a Class A dog kills a person or causes the death of a person without reasonable cause, the owner or keeper of the dog commits an offence and is liable on summary conviction to a fine of $200,000 and to imprisonment for ten years.
-If a Class A dog injures or kills a person or animal or causes the death of a person or animal while on or outside private premises, it may be seized and destroyed where the attack was unprovoked or was encouraged or incited by another person to attack the person or animal injured or killed thereby.
-A person who, without reasonable cause, incites a dog (Class A or B) to attack another person causing grievous bodily harm or resulting in death, commits an offence and is liable on summary conviction to a fine of $50,000 and to imprisonment for two years.
The person charged as above can defend himself by proving that he incited the dog to attack because the other person (the person who was attacked) was committing a crime against him (the person charged), his family, or any one under his care; or had reasonable cause to fear an attack on himself, his family, or any one under his care.
-If a Class A dog enters onto private premises, the owner or occupier of those premises may destroy the dog while it is on those premises.- Where a Class A dog injures a person without reasonable cause in a public place or on private premises, the owner or keeper of the dog commits an offence and is liable on summary conviction to a fine of $100,000 and to imprisonment for five years.
-No Class A dog shall be permitted into a public place unless the dog is muzzled and held on leash by a person over 18 years. Failure to comply with the above is an offense liable on summary conviction to a fine of $50,000.
-No dog (Class A or B) is permitted to be "dangerously out of control" in a public place and no owner must encourage a dog to be aggressive or intimidate a person to facilitate a crime. In addition, no owner is permitted to cause a dog to attack a person without reasonable cause. A person found guilty of this is liable on summary conviction to a fine of $50,000 and to imprisonment for one year.
-No dog (Class A or B) shall be permitted into a public place at which notices are prominently displayed prohibiting entry to dogs unless the dog is an assistance dog for the blind, the deaf or the disabled person or being used for securing the location. This also applies to dogs being used for a lawful person by a constable or person in service of the State.
-Owners of Class A dogs are no longer permitted to keep those dogs on premises, whether indoors or outdoors, that accommodate more than one household. Owners must keep their dogs confined and under control within the single-home premises. A person contravening the above is liable on summary conviction to a fine of $50,000 and to imprisonment for one year.
-If the owner or keeper of a Class A dog permits the dog to enter a private premises where it is not permitted to be and the dog injures any person, the owner or keeper is liable on summary conviction to a fine of $100,000 and to imprisonment for five years.
-If the owner or keeper of a Class A dog permits the dog to enter private premises where it is not permitted to be and there are reasonable grounds for apprehension that it will injure any person, the owner or keeper is liable on summary conviction to a fine of $50,000 and to imprisonment for one year.
-An owner or keeper of a Class A dog shall not abandon the dog. Any person contravening this section is liable on summary conviction to a fine of $50,000 and to imprisonment for two years.
-An owner or keeper of a Class A dog or a Class B dog that has been dangerously out of control on at least one occasion shall prominently display a notice on the premises indicating that there is a Class A dog or a dangerous Class B dog on the premises. Failure to comply with the above is an offence liable on summary conviction to a fine of $10,000.
-Any person convicted of an offence under the Dog Control Act, 2013 may be disqualified from owning or keeping a Class A dog for such period as the court thinks fit and may have his dog seized, sold or given to a person able to care for the dog or to an establishment for the reception of stray dogs, or it may be destroyed.
-Any person who has been disqualified from owning or keeping a Class A dog and who contravenes with this commits an offence and is liable on summary conviction to a fine of $50,000 and to imprisonment for one year.
-A constable or officer of a local authority has the power to seize and impound a Class A dog which is in a public place or on any premises without the consent of the owner or occupier of those premises.
-Where the local authority is unable to locate the owner or keeper of the seized and impounded Class A dog, the dog may be given to a person able to care for the dog, to an establishment for the reception of stray dogs, or it may be destroyed.
-A Magistrate who is satisfied by information on oath that an offence under the Dog Control Act, 2013 is being committed may issue a warrant authorizing a constable to enter and search those premises and to seize any Class A dog or other thing found there which is evidence of such an offence.
-Where the owner or keeper of a class A dog has not fulfilled a requirement under this Act, the local authority shall issue a notice directing the owner or keeper to fulfill the requirement within seven days and impound the dog until the requirement is fulfilled. Failure to fulfill the requirement within three days of receiving the notice will result in the destruction of the dog.