Dogs Act 1978

[26 June 1978]

[preamble and words of enactment omitted]

Interpretation

1 (1) In this Act, unless the context otherwise requires—

"the appropriate fee" means the appropriate fee prescribed under the Government Fees Act 1965 [title 15 item 18];

"the Department" means the Department responsible for Agriculture;

"the Director" means the Director of the Department;

"dog" means a dog or a dog hybrid of any age;

"dog licence" means a licence issued under section 4;

"keeper", in relation to a dog, means the person keeping the dog, whether or not —

(a) he is the owner of the dog; or

(b) he holds a dog licence in respect of the dog;

"the Minister" means the Minister responsible for Agriculture;

"officer" means member of the staff of the Department, whether an established public officer or not;

"paved public place" means a public place with an artificial sur face;

"public place" means any place to which the public are entitled or permitted to have access;

"recognized society" means the Government, and any organiza tion which the Minister, from time to time, by notice in the Gazette declares to be a recognized society for the purposes of this Act;

"residence" means a house or an apartment normally occupied by one family and the grounds thereof;

"stray dog" means any dog found in any public place, or on any premises other than the premises on which the dog is being kept or is for the time being allowed to remain but shall not include any dog that is accompanied by, and under the direct control of any person who is capable of exercising effective control over it.

(2) [deleted]

(3) Any duty or function of the Postmaster General under this Act may, subject to the directions of the Postmaster General, be carried out on his behalf by any person employed by the Post Office.

[Section 1 amended by 1991:99 effective 1 January 1992; and by 1992:73 effective 1 September 1992]

Duty of Minister

2 (1) The Minister shall have the duty—

(a) to see to the welfare of dogs; and

(b) for that purpose with the assistance of the Director and the Department to administer this Act.

(2) Any expenses incurred in administering this Act shall be met from moneys provided by the Legislature.

Dog licences

3 (1) Subject to this section, a person shall not keep a dog unless —

(a) he is eighteen years of age or older; and

(b) he holds a dog licence for the dog.

(2) A dog licence is personal to the person to whom the dog licence is issued, and is not transferable.

(3) A person who imports a dog into Bermuda need not hold a dog licence in respect of that dog if —

(a) before the dog is imported the Director is satisfied that the dog will be exported from Bermuda within the period of twenty-eight days from the date of its importation; and

(b) the dog is exported from Bermuda within that period.

(4) A dog licence is not required for a dog which —

(a) (i) is being kept at premises under and in accordance with a licence under section 7; and

(ii) is less than four months old; and

(iii) was born at those premises; or

(b) is being kept by a recognized society.

(5) If before a dog licence ("the original licence") expires the dog to which the dog licence relates is transferred to another person ("the transferee") for him to keep, the transferee is entitled to a free licence for that dog in respect of the rest of the period for which the original licence was valid.

(6) Subject to subsections (3) and (4), a person who keeps a dog contrary to subsection (1) is guilty of an offence.

[Section 3 replaced by 1992:73 effective 1 September 1992]

Dogs to be acquired from a licensed source

3A (1) Subject to subsection (2), a person who by purchase, gift or finding acquires a dog which is in Bermuda and for which a dog licence is not in force is guilty of an offence if he keeps the dog.

(2) Subsection (1) does not apply in relation to the acquisition of a dog for which by virtue of subsection (4) of section 3 a dog licence is not required.

[Section 3A inserted by 1992:73 effective 1 September 1992]

Issue of licences

4 (1) The Postmaster General shall, on behalf of the Director, at such place as he shall authorize issue dog licences and identification tags on payment of the appropriate fee.

(2) A dog licence shall be valid until the 31st August next fol lowing the issue of the licence:

Provided that a licence issued in June, July or August in any year shall be valid until the 31st August in the following year.

(3) An application for a dog licence shall be in such form as the Director shall determine and shall contain the name and the address of the applicant and if the dog is not to be kept at that address the address at which it will be kept.

(4) A dog licence shall be in such form as the Director shall determine but shall be numbered and shall be accompanied by an iden tification tag which shall bear the same number as on the licence and which shall be suitable for attachment to a dog's collar.

(5) If the Postmaster-General is satisfied that a dog's identification tag has been lost, he may, on production of the dog licence and payment of the appropriate fee, number and issue a duplicate identification tag in respect of the dog; and, where the Postmaster-General issues a duplicate identification tag under this subsection, he shall —

(a) mark the number of the duplicate identification tag on the dog licence; and also

(b) record the note "duplicate tag issued" on the dog licence, and date the note.

(6) The Director shall keep such registers and records of dogs, dog keepers and dog licences as the Minister shall direct.

[Section 4 amended by 1992:73 effective 1 September 1992]

Identification tag

5 (1) Every dog shall wear at all times except when it is on its keeper's property a collar to which is attached the identification tag is sued with its licence.

(2) The Postmaster General may require to see the identifica tion tag or the expired licence of a dog before issuing a dog licence in re spect of any dog that has been previously licensed.

(3) Notwithstanding subsection (1) the Director may in respect of any particular occasion or occasions give permission for particular dogs or classes of dogs to be without collar or identification tags in such place or places as he shall designate.

(4) Subject to any permit given under subsection (3) the keeper and the person in charge of a dog not on its keeper's property not carry ing an identification tag commits an offence.

[Section 5 amended by 1992:73 effective 1 September 1992]

Prohibition on keeping more than two dogs

6 (1) A person occupying premises shall not keep, or permit to be kept, more than two dogs at those premises
unless —

(a) he has the Director's written permission for that purpose; and

(b) he keeps the dogs, or permits them to be kept, there in conformity with such conditions as the Director may specify in the permission.

(2) The Director —

(a) shall not give a permission under subsection (1) unless he is satisfied that the premises in question are suitable for the keeping of more than two dogs; and

(b) where premises in respect of which such a permission is sought are in the same building as other premises, shall take the number of dogs usually kept in that building into account before granting the permission.

(3) A person who contravenes subsection (1) is guilty of an offence.

[Section 6 amended by 1992:73 effective 1 September 1992]

Licences for professional operations

7 (1) A person shall not —

(a) keep dogs belonging to another person for which a charge is made; or

(b) breed dogs; or

(d) train or keep dogs for guard duties other than the guarding of his own premises,

unless he holds a licence under this section.

(2) A person intending to carry on an activity specified in subsection (1) must apply to the Director for a licence under this section

(3) The Director may, subject to this section, issue a licence under this section to a person who applies to him under subsection (2) (an "applicant").

(4) The Director shall not issue a licence under this section unless he is satisfied —

(a) that the applicant is a suitable person to hold such a licence for the activity in question; and

(b) that the premises where the activity will be carried on are suitable.

(5) A licence under this section —

(a) shall state the name of the licensee; and

(b) shall identify the premises to which the licence relates.

(6) Licences under this section are annual, and subject to the payment of the appropriate fee.

(7) A person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding seven thousand, five hundred dollars.

[Section 7 replaced by 1992:73 effective 1 September 1992]

Cancellation of licences under section 7

7A Subject to section 7B, if the Director is satisfied —

(a) that a person to whom a licence under section 7 has been issued is no longer a suitable person to hold such licence; or

(b) that the premises to which such a licence relates are no longer suitable for the activity for which they are being used,

he may cancel the licence.

[Section 7A inserted by 1992:73 effective 1 September 1992]

Appeals

7B (1) A person aggrieved by a decision of the Director not to issue a licence under section 7, or to cancel such a licence under section 7A, may appeal against that decision to a court of summary jurisdiction, whose decision on the appeal shall be final.

(2) The Chief Justice may make rules prescribing the procedure for appeals under subsection (1).

[Section 7B inserted by 1992:73 effective 1 September 1992]

Water, shelter and movement

8 (1) No person shall leave a dog on premises where there is no responsible person unless—

(a) it has access to drinking water;

(b) has reasonable shelter against the sun and rain; and

(2) The Director shall from time to time issue guidance as to the manner in which a dog whilst restrained by a chain or other means may be able to move freely.

(3) Any person who leaves a dog in contravention of subsection (1) commits an offence.

[Section 8 amended by 1992:73 effective 1 September 1992]

Bitches on heat

9 (1) No person shall keep or leave a bitch on heat in any place which will permit a male dog to approach it and no keeper of a bitch shall allow a male dog to approach it unless both the keeper of the bitch and the keeper of the dog desire the approach for the purpose of breeding.

(2) Any person who contravenes subsection (1) commits an of fence.

{Section 9 amended by 1992:73 effective 1 September 1992]

Leash required when dog on paved public place

10 (1) No dog shall be taken on a paved public place unless it is on a leash.

(2) Any person who takes a dog on a paved public place in contravention of subsection (1) commits an offence.

{Section 10 amended by 1992:73 effective 1 September 1992]

Protection from dogs

11 (1) A police officer designated by the Commissioner of Police or any other person designated by the Director may lawfully destroy a dog which he sees attacking any person or any domestic animal or bird.

(2) The Director may on any land with the permission of the occupier—

(a) set traps of a type approved by the Minister for the pur pose of capturing stray dogs; or

(b) tranquilize stray dogs in a manner approved by the Minister.

(3) The Minister may, if he is satisfied that there is no other practicable way to control stray dogs in a particular area, authorize the Director to lay poison for such dogs in such area in accordance with a system approved by him and in agreement with the occupier of such area.

(4) Any person, other than the Director when authorized under subsection (3), who lays poison on any land in a manner likely to kill dogs commits an offence.

(5) Any person not authorized by the Director who releases a dog from a trap placed on any land by the Director or who interferes with such a trap commits an offence.

Stray dogs

12 (1) The keeper of a dog who allows it to stray commits an of fence:

Provided that it shall be a defence to any prosecution under this subsection that the keeper took all reasonable precautions to prevent the dog from straying and that it strayed without his knowledge and consent.

(2) Any person finding a stray dog may seize the dog and shall then—

(a) return the dog to the keeper; or

(b) take the dog to kennels of the Department or of a recog nized society or to a police station.

[Section 12 amended by 1992:73 effective 1 September 1992]

Procedure when stray dog seized

13 (1) Where a stray dog has been seized and delivered to the Di rector, a recognized society or a police station under section 12, or has been seized by a police officer or an officer or a recognized society or has been trapped, the person in control of the dog shall ensure that the dog is properly cared for and shall inform the Director of the whereabouts of the dog.

(2) Where a dog has been delivered to kennels of the Depart ment, or the Director has been informed of the whereabouts of a dog un der subsection (1), the Director shall—

(a) if the keeper of the dog is known serve notice on the keeper by personal visit or registered letter of the where abouts of the dog and require him to collect it; or

(b) if the keeper is not known retain the dog in kennels known to be kennels in which stray dogs are kept.

(3) The keeper of a dog seized under this Act shall when claim ing the dog pay the person retaining the dog the appropriate fee and the reasonable cost of keeping the dog from the day it was seized until it was claimed.

(4) Where a dog has been seized and detained for a period of not less than four days if—

(a) where a personal visit has been made or a notice has been served under subsection (2) and the dog has not been claimed by any person within four days of the visit or of the receipt of the notice; or

(b) where the keeper of the dog is unknown and cannot be traced; or

(i) to establish to the satisfaction of the person in possession of the dog that he is the keeper of the dog or the duly authorized agent of such person; or

(ii) to pay the sum due under subsection (3),

then the Director or the recognized society may, in his or its discretion, sell or give the dog to an approved keeper who shall thereby obtain a good title to the dog, or arrange for it to be destroyed in a humane manner:

Provided that no dog shall be sold or otherwise disposed of under this section for the purposes of vivisection or any other form of experi ment or research:

And provided further that no dog shall be sold or given to any person by the Director or a recognized society unless that person has first licensed the dog.

(5) Where a dog has been sold or disposed of in pursuance of subsection (4) the keeper of the dog shall be liable to the Director or the recognized society for any sum payable under subsection (3) and for any expenses incurred in the disposal of the dog in excess of any money re ceived on the sale or disposal:

Provided that where the money received upon the sale of the dog exceeds the amount of the expenses incurred the Director or the recog nized society, as the case may be, shall not pay the balance to the keeper of the dog but may retain such balance for the purpose of defraying ex penditure incurred by the Director or the society in the discharge of his or its functions under this Act.

[Section 13 amended by 1992:73 effective 1 September 1992]

Action for damages

14 (1) (a) When a dog causes injury or damage it shall not be necessary for the plaintiff in an action brought in respect of such injury or damage to prove—

(i) a previous mischievous propensity in the dog; or

(ii) any knowledge on the part of the keeper of the dog of such previous mischievous propensity; or

(iii) that the injury complained of was attributable to neglect on the part of the keeper or person in charge of the dog;

(b) it shall be a defence to show that the action of the dog was caused by the unreasonable behaviour of some per son other than the keeper or person in charge of the dog.

(2) Notwithstanding subsection (1)(b) where a dog causes death or injury to a person or a domestic animal the keeper of the dog shall be liable in damages for such death or injury unless he can show that a person or the domestic animal was on his property or on the property of a person in lawful control of the dog without his consent or the consent of the person in lawful control of the dog.

[Section 14 amended by 1992:73 effective 1 September 1992]

Dogs out of control

15 (1) Subject to subsections (3) and (4), a person who keeps or is in charge of a dog commits an offence if the dog —

(a) causes injury or damage to another person or animal; or

(b) causes damage to a crop or plant, or other vegetation, of, or under the care of, another person; or

(d) repeatedly soils, with urine or faeces, property of, or under the care of, another person without that person's consent; or

(e) repeatedly makes noises to the annoyance of one or more persons in the neighbourhood.

(2) Where more than one dog is being kept at premises, the fact that frequent barking occurs at the premises to the annoyance of one or more persons in the neighbourhood is evidence of an offence against paragraph (e) of subsection (1).

(3) Where a person has been injured or damaged by the act of a dog, an offence is not committed against paragraph (a) of subsection (1) if the act of the dog was provoked by his own criminal act or by behaviour by him which was otherwise unreasonable in the circumstances.

(4) Where an animal has been injured or damaged by the act of a dog, an offence is not committed against paragraph (a) of subsection (1) if the act of the dog was provoked by an attack made, or threatening behaviour exhibited, by the animal, being attack or behaviour directed against the dog or a person accompanying the dog.

[Section 15 replaced by 1992:73 effective 1 September 1992]

Power of court with respect to dangerous dogs, etc.

15A (1) Where —

(a) a person has been convicted of an offence against section 15 in respect of a dog; or

(b) it is made to appear to a court of summary jurisdiction that a dog is dangerous or is likely to spread disease to any person or animal,

then the court may order either —

(aa) the destruction of the dog; or

(bb) that the person who is keeping the dog observe such requirements in relation to the future keeping of the dog as the court thinks fit to specify in the order.

(2) A person who fails to comply with a requirement imposed upon him by an order made in virtue of paragraph (bb) of subsection (1) is guilty of an offence.

(3) If a court which has convicted a person of an offence against subsection (2) in respect of a dog is not satisfied that the dog can or will be properly controlled in the future, the court may, in addition to punishing that person for the offence, order the destruction of the dog.

[Section 15A replaced by 1992:73 effective 1 September 1992]

Emergency orders

15B (1) Without prejudice to anything in section 15 or 15A, where an officer or a police officer is of opinion that the behaviour or condition of a dog is an immediate danger to life or limb of any person or animal unless immediate steps are taken, he shall seize the dog and deliver it to a secure place under the Department's control, and as soon as practicable thereafter make application to a court of summary jurisdiction for an order under this section.

(2) If where an application has been made under subsection (1) the court is satisfied at the hearing of the application that there is such a danger as is mentioned in that subsection, the court, notwithstanding that either the keeper of the dog or any other person has not been heard upon the hearing of the application, may make an order under this section (an "emergency order") that the dog shall be kept at the secure place where it is )or at another secure place under the Department's control) until the court orders otherwise.

(3) An emergency order —

(a) may be made subject to such conditions as are specified in the order;

(b) shall be served, in such manner as is so specified, upon the person who was in charge of the dog immediately before it was seized, if that person is ascertainable; and

(c) shall have effect for such period, not exceeding three months beginning on the date of the order, as is so specified.

(4) If upon the hearing of an application under subsection (1) the court is not satisfied that there is a danger of a kind mentioned in that subsection, the court shall decline to make an emergency order and shall instead order that the dog shall forthwith be restored to the person who was in charge of the dog immediately before it was seized, if that person is ascertainable.

(5) Where an emergency order is made upon the application of an officer or a police officer, he or another officer or police officer shall as soon as may be institute proceedings under section 15 or 15A with a view to a court of summary jurisdiction acting to exercise such of the powers of the court as may be necessary or expedient in the circumstances.

(6) Where proceedings are taken as mentioned in subsection (5), a court of summary jurisdiction has power to extend or modify or cancel the emergency order affecting the dog which the proceedings relate.

[Section 15B inserted by 1992:73 effective 1 September 1992]

Procedure for emergency orders

15C (1) An order may be made under either section 15A or section 15B in relation to a dog in the course of any proceedings in a court of summary jurisdiction in which the behaviour or condition of the dog is in question or comes into question, whether those proceedings are civil or criminal and whether they are brought or taken under this Act or under any other provision of law.

(2) An officer or any police officer shall be competent to make an application to a court of summary jurisdiction for an order under section 15A as well as for an order under section 15B, but the making of an application under either of those sections is not a necessary condition precedent to the exercise by a court of summary jurisdiction of the pow ers mentioned in subsection (1).

(3) An application for an order under section 15A shall be made by a complaint which names the person in charge of the dog as the re spondent.

[Section 15C amended by 1992:73 effective 1 September 1992]

Powers of authorized officers

16 (1) An officer authorized in writing by the Director may, on production, if so required, of a duly authenticated document showing his authority, enter at all reasonable hour any premises where a dog is kept or where the officer reasonably believes a dog is being kept for the pur poses ascertaining whether there is or has been any contravention of this Act:

Provided that admission to any premises shall not be demanded as of right unless twenty-four hours notice of the intended entry has been given to the occupier.

(2) Where it is shown to the satisfaction of a Justice of the Peace on sworn information in writing that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or that the occupier is temporarily absent or that the case is one of urgency, the Justice of the Peace may by warrant under his hand authorize the officer to enter the premises, if need be by force.

(3) An officer entering any premises in pursuance of powers conferred by this section may take with him a veterinary practitioner or an officer of a recognized society.

(4) An officer or a police officer may require any person in charge of a dog to show him the dog licence in respect of the dog.

(5) If a person in charge of a dog fails to produce a current dog licence in respect of such dog within three days of being requested so to do by an officer or a police officer then the Director may seize the dog and treat it as a stray dog.

General penalty

17 (1) Offences against this Act shall be prosecuted before a court of summary jurisdiction.

(2) A person found guilty of an offence against this Act for which no punishment is provided is liable to a fine not exceeding five thousand dollars.

(3) If a person who has been convicted of an offence against a provision of this Act is then found guilty of a further offence against that same provision, he is liable for that further offence to a fine not exceeding double the maximum fine to which he would have been liable if at the time of sentencing he were being sentenced for a first offence against that provision.

[Section 17 amended by 1992:73 effective 1 September 1992]

Compensation

18 (1) Where the keeper of a dog is convicted of an offence under this Act or where a court makes an order under section 15A, if the court is satisfied that as a result of the conduct of the dog in respect of which the proceedings were brought any person suffered in jury or loss then the court, after hearing such evidence as it deems nec essary, shall order the keeper of the dog to pay the person who suffered the injury or loss such compensation, not exceeding $3,000, as seems to the court to be just.

(2) In assessing the amount of compensation payable under subsection (1) the court shall take into account the extent to which the behaviour of the person who suffered injury or loss or of any other per son caused the dog to act in the way it did.

(3) Where a court without convicting the keeper of a dog of any offence orders the keeper of the dog to pay compensation under this sec tion or refuses to make such an order an appeal shall lie to the Supreme Court against the decision of the court and section 5 of the Criminal Ap peal Act 1952 [title 8 item 87] shall apply to such an appeal as if the keeper of the dog had been convicted.

(4) A court awarding damages in a civil action brought in re spect of the same circumstances as those in respect of which compensa tion has been awarded under subsection (1) shall take into account the amount of compensation awarded.

[Section 18 amended by 1992:73 effective 1 September 1992]

Regulations

19 (1) The Minister may make regulations under this section pre scribing anything that is necessary or convenient to be prescribed for carrying out this Act or giving effect to it, or that is required or permitted by this Act to be prescribed.

(2) Without prejudice to the generality of subsection (1), regu lations made by the Minister under this section ("regulations") may pro vide for all or any of the following—

(a) the leashing of dogs in supplementation of section 10;

(b) the muzzling of dogs;

(d) the neutering or spaying of dogs;

(e) the tattooing of dogs;

(f) the identifying of dogs;

(g) the excluding of dogs from certain places;

(h) the imposing of special conditions in connection with the licensing of dogs or of premises where dogs are bred or to be bred.

(3) Regulations may divide, or have regard to the divisions of, dogs into different breeds or kinds or categories, and may make different provision (whether by way of exemption from, or increase or reduction in, the incidence of obligations or in any other way) in relation to different breeds or kinds or categories of dogs.

(4) Regulations may create offences and prescribe penalties for such offences but not exceeding the penalty fixed by subsection (2) of section 17.

(5) Regulations are subject to the negative resolution proce dure.

Amendment of Schedule

20 The fees in the Schedule may be varied, and provision for the payment of fees in relation to the performance of functions under this Act may otherwise be made, by regulations under the Government Fees Act 1965 [title 15 item 18].

Commencement

21 [omitted]

[This Act 1970 was brought into operation on 14 July 1978 by BR 369/1978]

Repeal

22 [omitted]

SCHEDULE

[Schedule repealed by 1992:73 effective 1 September 1992]

[Amended by

Bermuda Consolidated Legislation

Dogs Act 1978