Filenews 10 September 2022 - by Angelos Nicolaou
The incomplete and problematic situation that prevails today with the non-implementation of the legislation on dogs, attempts to change a bill approved by the Council of Ministers and aims to clarify the responsibilities of the authorities involved and the more effective implementation of the Law. The bill will be submitted in the coming days to the House of Representatives and through the parliamentary dialogue that will follow it is expected that further adjustments and improvements to its provisions will emerge.
The proposed legislation introduces, among other things, more direct sentencing procedures, which would allow for out-of-court settlement of offences and act as a deterrent to promote responsible possession and the reduction of the huge problem of stray dogs. The bill also makes improvements to other important issues set out in the existing Law, such as the procedure for obtaining a dog's license to own a dog, the marking and registration of dogs and the transfer of ownership of the animal, the management of stray dogs with emphasis on their adoption and the more effective management of emergency situations involving dangerous dogs.
Now, through the introduction of procedures for the extrajudicial regulation of offences, penalties will be imposed on offenders with the main aim of reducing the huge problem of stray dogs. The proposed bill concerns and affects citizens mainly in terms of introducing provisions for extrajudicial regulation of offences related to the requirements of the legislation concerning the responsible possession of dogs and which will act both as a penalty imposed on offenders, but also as a deterrent. Aiming to enhance responsible dog ownership increases the age limit for people who may own a dog from 16 to 18 years old.
It is noted that the proposal of the Ministry of Agriculture approved by the Council of Ministers concerns the bill entitled "The Dogs (Amendment) Law of 2022", which aims to revise the Dog Law, which has been a timeless need but also a request of various bodies.
The formulation of the bill was made by the Veterinary Services, after a public consultation, during which a large number of written suggestions and comments were received from citizens and institutions, which demonstrates the importance of the bill and the great interest around the issues of dog ownership. A special effort was made to ensure that the bill takes great account of public opinion and brings together the views submitted.
It is noted that the bill in its final form was formulated in consultation with the Union of Municipalities and the Union of Communities of Cyprus, which represent the Local Government Authorities that have the main competence in the implementation of the Dogs Law, but also with the Minister of Interior, who has the political responsibility for the Law.
As far as the annual fees for a dog's license are concerned, based on the proposed legislation they are set at €5 for neutered dogs and from €10 to €30 for those who are not neutered by a decision of the competent Authority.
Of interest, however, is the extrajudicial regulation of offences as proposed through legislation. Therefore, for owning a dog without a license the specified fine is €200, while the same extrajudicial €200 is imposed for the possession of a dog without marking and registration in the Register of the Director of Veterinary Services. In case of sale or concession of a dog to another person before the completion of the transfer process, a fine of €100 will be imposed. The extrajudicial arrangement for the declaration of death or even the loss of a dog is also interesting. If a death certificate is not submitted by a registered veterinarian within seven working days from the day of the dog's death, a fine of €100 is imposed. A fine of €100 is also imposed in case the owner of the dog fails to inform the competent Authority about loss or theft within two days of its detection.
A fine of €50 is obliged to be paid by the owners of dogs that do not post a warning sign at the entrance of the residence or premises, which in fact must be accompanied by a dog image. When the dog is outside the premises of the owner and is found by the competent Authority to be dangerous or when it is found by the competent Authority that it causes nuisance from barking, the specified fine amounts to €200.
For the living of a dog in conditions that make it dangerous to public health, the extrajudicial document reaches €200, while the same fine is imposed in case of non-taking of the necessary measures to prevent its escape or escape or abandonment. For the detection of a dog in premises that do not belong to the owner, a fine of €200 is also imposed. The fine is increased and amounts to €300 to a person who allows his dog to roam freely on a public street or in any public place without being tied to a leash or in a place belonging to another person without his consent. The extrajudicial document was set at €300 for those who fail to remove the dog's faeces on any street or place. For keeping a dog in a common area of an apartment building the fine reaches €200. Owners are fined €200 for preventing the competent Authority from exercising its duties or not providing identity data to the competent Authority.
€100 fine for dogs without collar
The fine was set at €100 for those who own a dog over two months of age without carrying a collar stating the owner's license number and phone number. Also, failure to inform the director and the competent authority of any change in the contact details and the address of residence of themselves or their dogs within 10 days from the day the change has occurred, provides for a fine of €100.
For the possession, import or trafficking of a dog belonging to one of the dangerous breeds with the characteristics of a fighter (Pit Bull Terrier or American Pit Bull, Japanese Tossa, Dogo Argentino, Fila Brazileiro) and which has not been declared as such to the competent Authority, the extrajudicial fine imposed reaches €1,000. It is also forbidden to own, rear, reproduce, sell, advertise, exchange or exhibit for the sale of dangerous dog breeds with the extrajudicial amounting to €1,000. The fine was set at €2,000 for those owners who walk a dog belonging to the dangerous breeds without a muzzle or without being tied to a leash. For failure to comply with the requirements governing the marketing, import, handling, supply and placement of dog marking means, the fine was set at €1,000.
INTERVENTION
Step forward
The bill entitled "The Dogs (Amendment) Law of 2022" corrects errors and distortions of the existing legislation of 2002, as last amended in 2005. For 17 years now, the implementation of the legislation has been virtually non-existent, resulting in it being rendered useless. Since 2017, consultations have been taking place in order to formulate a text that was finally agreed in 2019. For the last three years, the Veterinary Services, after a public consultation, during which a large number of written suggestions and comments were received from citizens and institutions, have come up with the final form of the text which will be put to the Parliament for discussion. Let us hope that this time it will be examined in the right context and that a text will be formulated that is appropriate for an EU Member State.
