Dog Regulation

Seizing a Stray

A dog warden may take steps to seize and detain any dog that appears to be a stray dog.  He may enter premises other than a dwelling house for such purpose.  A Gardai has similar powers.  When a Gardai seizes a dog, he may deliver it to the local authority concerned.

Where a dog is seized, the local authority or Gardai may give notice to the owner that the dog has been seized and detained and may be destroyed or disposed of within 5 days of the notice if not claimed.  The expenses of seizure and detention must also be paid as a condition. The period of days mentioned above may be varied by regulation.

Where a person claims a dog that has been seized and detained and proves that he is the owner or authorized by the owner to claim it, including making a declaration in a prescribed form and paying the expenditure, he must produce a dog licence or general dog licence and reclaim the dog.

A stray dog who is seized and detained is entered on the register.  A dog who is entered on the register and who is not claimed may be disposed of humanely.  They must not be disposed of for animal experimentation.  They may dispose of the dog and arrange sterilisation in advance.  Disposal may be by way of destruction in a humane manner.

A stray dog includes a dog who appears to be unaccompanied by a person unless the dog is on the premises of its owner or some other person who has the dog in his charge or with the latter’s consent.

The local authority may accept unwanted dogs from owners for destruction in a humane manner.  It may not use the dog for animal experimentation.  It may dispose of the dog by transfer to others or destruction.  The ownership of the owner transfers and ceases.

Taking Possession of a Stray

If any person other than the dog warden or a member of the Garda Síochána, finds and takes possession of a stray dog and is unable to return it to his owner, he may deliver it to a dog warden or detain the dog and give notice in writing containing a description of the dog, an address where it is to be found and the address of the place where it is detained to the member of Garda Síochána nearest to the place where it was found or to a dog warden.

When a person has reasonable grounds in believing that a stray dog has worried or is about to worry livestock, he may seize the dog and shall deliver it immediately to a dog warden.   When a person has found a stray dog and retained it for a year after giving notice without it being claimed, he becomes the owner of the dog.  The title of the former owner is extinguished.

The above provision does not apply if, during the year specified, the person who found the dog has ascertained the owner of the dog.  He must notify the owner.

A person who finds a stray dog is not obliged to hold a licence for a period of 28 days.

The register of seized dogs must be updated by members of Garda Síochána and dog wardens.  It must contain descriptions of the dog, the date of seizure, the way the dog is disposed of or destroyed, date of notification of detention to an ostensible owner.

The register must be open for inspection by the public at all reasonable times.  It must be retained for a period of a year.

Dog Wardens

Local authorities may employ dog wardens with the powers below.  They are obliged to establish one or more shelters for dogs seized or detained.  They may enter arrangements with other parties for the provision and maintenance of shelters for stray and unwanted dogs.

They may enter arrangements with other local authorities or the ISPCA or others involved in animal welfare for the exercise of functions under the legislation.  They may provide monetary or other assistance to persons providing homes or shelters for stray and unwanted dogs.

Dog wardens have power to request names and addresses of persons where they believe the person is committing or has committed an offence under the legislation.  They may seize or detain a dog to ascertain whether an offence has been committed.  They may enter premises other than a dwelling house for the purpose of the legislation. They may enter premises for the purpose of preventing or ending an attack by a dog or the worrying of livestock.

A dog warden may enter a premises other than a dwelling house where he has reasonable grounds for believing that a guard dog is, or more than 5 dogs aged over 4 months are kept and examine such dogs and their kennels.  He may request the owner or person in charge to produce their dog licence. He may bring such assistance is required.  It is an offence to obstruct or interfere with a dog warden, the exercise of his power. Members of the Garda Síochána have similar powers.

Where a dog has been seized and the dog warden who seized it is satisfied that an offence has been committed, the dog may be detained until the District Court has made an order in relation to it, or be destroyed unless within 5 days of seizure the owner of the dog or another person undertakes to pay the costs and expenses of keeping the dog, and the terms of the undertaking are complied with.  Amounts due may be recovered as a debt.

Disqualification

A person who has been convicted of an offence under animal cruelty/ welfare legislation may be disqualified from keeping a dog for such periods as is specified.  A person who is disqualified who has a dog may be subject to an order that the dog be disposed of or destroyed.

The person is guilty of an offence and the cost is payable as a debt. Where a court orders the destruction of a dog, it may be delivered to the dog warden or other suitable person for destruction in a humane manner.

Guard Dogs

The Minister may make regulations specifying the premises in which a guard dog or more than 5 dogs aged over 4 months are to be kept.  He may make provision for the use and control of dogs.

Regulations may prohibit a guard dog, or more than 5 dogs aged over 4 months being kept unless the premises are registered.  They may make provision for registration of the premises by the local authority and requirements to be complied with to enable registration.

Regulations may provide for the refusal or cancellation of registration, the construction and operation of kennels. They make provision for the regulation and use of guard dogs in the immediate vicinity of a premises.  They make provision for the muzzling of specified classes of dogs under general or uncontrolled circumstances.

They make provisions for the control of dogs, including different provisions for different classes of dogs.  It may prohibit the presence of specified classes of dogs in public places or specified public places.

It may make provisions prohibiting the ownership, keeping disposal, abandonment, straying, breeding or importation of specified classes of dogs, being dogs, that in the Minister’s opinion, are dangerous to the public.  It may require destruction or sterilisation in a humane manner of dogs when regulations so provide.

They may make provisions requiring owners of dogs of a specified class to maintain insurance against injury or damage caused to persons or property.  It may make provision for identification for specified classes of dogs and their owners by wearing collars or harnesses or having a plate disc or badge attached.

Dog Breeding Establishments

The Dog Breeding Establishments Act 2010 provides a separate scheme in respect of dog breeding establishments.  There is a separate licence in lieu of a general dog licence.

The legislation provides for the establishment and maintenance of a database relating to all dogs in the state.  It may make provision in relation to the database including information as to the information that may be recorded.  The legislation provides for a new lifetime of dog licence, which may be issued for the dog’s life.

Bye-Laws

Local authorities may make bylaws in relation to the control of dogs within their area.  They may specify the places where dogs may be required to be kept on a leash.  They may specify areas in which dogs, other than dogs with a blind person or persons whose eyesight is defective, are prohibited. Bylaws shall not apply to a dog being used by a member of an Garda Síochána or such other purpose that the minister may prescribe.

A local authority may make byelaws relating to the control of dogs within its functional area. Byelaws made may make provision for all or any of the following matters:

• require the person in charge of a dog to have the faeces removed immediately where the dog has fouled a public place which is situate in such part of the functional area of the local authority as may be specified in the bye-laws;
• specify areas in such part of the functional area of the local authority as may be specified in the byelaws in which the person in charge of a dog shall be required to keep the dog on a leash.
• specify areas in such part of the functional area of the local authority as may be specified in the bye-laws in which a dog, other than a dog being used by a blind person or by a person whose eyesight is so defective that he is unable to find his way without guidance for guidance, shall not be allowed.

Byelaws made under this section shall not apply to a dog being used—

• in the execution of his duty by a member of the Garda Síochána, or
• for such other purpose as the Minister may prescribe.

Aminal Disease Powers

The Minister may make orders under the Animal Diseases legislation

• prescribing and regulating the muzzling of dogs and keeping of dogs under control
• requiring that  dogs of wear a collar or a harness with their owner and name
• with a view to preventing worrying of animals of any kind of dogs straying during night-time,
• providing an offence in respect a dog that it may be subject to seizure and treatment as a stray dog, under the Control of Dogs Act.
• prescribing regulations for the seizure, detention and disposal, including the slaughter of stray dogs or un-muzzled dogs or dogs not under control.