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Vanuatu Consolidated Legislation - 1988 |
Commencement: 1 October l971
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 64
CONTROL AND REGISTRATION OF DOGS
ARRANGEMENT OF SECTIONS
SECTION
PART I
1. Application of Part I and proof of age of dogs
5. Dogs to wear valid badges
6. Dogs to be re-registered on loss of badge
PART II
Control
10. Application of Part II
11. Failure to control dangerous dogs
12. Failure to prevent nocturnal annoyance by dogs
14. Failure to bury carcasses
15. Prohibition of laying poisoned bait
16. Official destruction of dogs lawful
18. Worrying of livestock by dogs
PART III
Miscellaneous
19. Regulations
20. Meaning of owner
SCHEDULE-Public Notice
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CONTROL AND REGISTRATION OF DOGS
To provide for the registration and control of dogs.
PART I
REGISTRATION
APPLICATION OF PART I AND PROOF OF AGE OF DOGS
(2) In any prosecution instituted under this part of this Act, the age of the dog to which the proceedings relate shall, in the absence of proof to the contrary, be presumed to be more than 6 months.
DECLARATION OF DOG CONTROL AREAS AND APPOINTMENT OF DOG CONTROL OFFICERS AND APPOINTED PERSONS
(2) There shall be appointed a Dog Control Officer for each Dog Control Area and such person (hereinafter referred to as "appointed persons") to perform the functions and exercise the powers conferred upon them by this Act.
REGISTRATION OF DOGS AND ISSUE OF BADGES
(2) In any prosecution instituted under this part of this Act -
(i) a copy of any entry in the register certified by the Dog Control Officer shall be admissible and sufficient proof of the contents thereof;
(ii) a certificate signed by the Dog Control Officer that no entry relating to a particular person or dog has been made in the register shall be admissible and sufficient proof that no registration has been effected by that person or in respect of that dog.
DOGS TO BE REGISTERED IN EACH YEAR
(2) Every person who during the course of a year first becomes the owner of a dog to which this part of this Act applies, whether by age of the dog or change of ownership, shall cause it to be registered with the Dog Control Officer and shall pay the prescribed fee therefor within 2 months of that date.
(3) Every person who shall fail to comply with the provisions of subsection (1) or subsection (2) shall pay to the Dog Control Officer in addition to the prescribed fee for registration a penalty fee fixed by regulations made by the Minister for the purpose of each complete month during which the prescribed fee is lawfully due and is not paid.
(4) Without prejudice to the provisions of subsection (3), every person who shall fail to register a dog required by this Act to be registered and to pay the registration fee and penalty fees if any in respect thereof shall commit an offence punishable upon conviction thereof by a fine not exceeding VT25,000 or by imprisonment for a term not exceeding 1 month or by both such fine and imprisonment.
DOGS TO WEAR VALID BADGES
(2) Every person who fails to comply with the provisions of subsection (1) shall commit an offence punishable upon conviction thereof by a fine not exceeding VT1,000.
DOGS TO BE RE-REGISTERED ON LOSS OF BADGE
IMPOUNDING OF DOGS BY APPOINTED PERSONS
(2) Where an appointed person finds any unaccompanied dog straying in a Dog Control Area, he may seize and impound it.
(3) The owner of any dog found by an appointed person straying in a Dog Control Area on 2 or more occasions within any period of 12 months shall be guilty of an offence punishable upon conviction by a fine not exceeding VT1,000:
Provided that it shall be a defence to a charge under this subsection if the person charged shall show that he took all reasonable steps to prevent the straying and that it was not caused by his act or omission.
(4) Where an appointed person has impounded any dog not wearing a badge under the provisions of this section, he shall within 72 hours thereof cause a public notice in the form prescribed in the Schedule to be posted in the usual places where public notices are displayed.
(5) Where an appointed person has impounded a dog wearing a badge under the provisions of this section, he shall as soon as practicable inform the owner thereof.
(6) Poundage fees and unpaid registration fees shall be paid in respect of every dog impounded under the provisions of this section.
(7) Subject to subsection (6), upon payment to the appointed person of the poundage fees due and any unpaid registration fees and penalty fees, any dog impounded under the provisions of this section, shall be released to the owner.
(8) If the required fees have not been paid by the expiration of 6 clear days from the posting of the public notice, the appointed person may at the direction of a veterinary officer sell the dog impounded or cause it to be destroyed humanely by an officer or agent of the Ministry of Agriculture and Livestock.
PROVISIONS AS TO FEES PAID
EXEMPTIONS
PART II
CONTROL
APPLICATION OF PART II
FAILURE TO CONTROL DANGEROUS DOGS
Provided that it shall be a defence to a prosecution under this section if the person charged shall prove that the dog was wilfully provoked, whether by the complainant or by some other person.
(2) The District Commissioner of the district concerned may, upon the conviction of any person under subsection (1), order that the dog shall be destroyed humanely by an officer or agent of the Ministry of Agriculture and Livestock.
(3) Any dog which has attacked or attempted to attack any person shall be deemed for the purpose of this section to be a dangerous dog.
FAILURE TO PREVENT NOCTURNAL ANNOYANCE BY DOGS
PROHIBITION OF DOGS IN PREMISES FOR PREPARATION OR SALE OF FOOD
FAILURE TO BURY CARCASSES
PROHIBITION OF LAYING POISONED BAIT
OFFICIAL DESTRUCTION OF DOGS LAWFUL
CRUELTY AND NEGLECT TOWARDS DOGS BY OWNERS
WORRYING OF LIVESTOCK BY DOGS
(2) The owner or other authorised person having charge for the time being of any livestock being worried by any dog may if it is necessary in order to end the worrying, summarily destroy the dog by shooting it:
Provided that this subsection shall not apply in respect of livestock trespassing upon land occupied by the owner of the dog concerned.
(3) For the purposes of this section, worrying livestock means -
(a) attacking livestock, or
(b) chasing livestock in such a way as may reasonably be expected to cause injury or suffering to the livestock or, in the case of females, abortion, or loss or diminution of their produce.
PART III
MISCELLANEOUS
REGULATIONS
(a) prescribing fees payable upon the registration of dogs, including a rising scale of fees in proportion to the increasing number of dogs owned by any one person;
(b) prescribing the penalty fees payable in respect of registration fees lawfully due but not paid;
(c) prescribing the amount of poundage fees payable;
(d) prescribing the conditions under which dogs may be destroyed whether by poisoning or shooting by officers or agents of the Ministry of Agriculture and Livestock;
(e) introducing on the advice of the District Commissioner concerned the compulsory registration of dogs in areas other than declared Dog Control Areas and the application in respect of such areas of any provisions of this Act;
(f) any other matters incidental to the foregoing or necessary for the fulfilment of any duty or function or the exercise of any power by any person under the provisions of this Act.
MEANING OF OWNER
____________________________
SCHEDULE
PUBLIC NOTICE
Control and Registration of Dogs Act, Cap. 64
1. The following dog was impounded by me ................................................................
on the ......................... day of ................................... 19 .......... at .................................................................................................
Colour Sex Type
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Signed ...................................................................
Appointed person for the Dog Control Area of:
...............................................................................
Dated the ......................... day of ................................... 19 ..........
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