CONSOLIDATED ACTS OF SAMOA 2010

DOG REGISTRATION AND CONTROL ORDINANCE 1955

Arrangement of Provisions

1. Short title and commencement
2. Interpretation

PART I
REGISTRATION

3. Commencement of Part I
4. Dogs to be registered
5. Mode of registration and fee, etc.
6. Registration to extend over Samoa
7. Change of ownership
8. Liability of owner failing to produce registration receipt
9. Proof of registration, etc., to be on owner
10. Copies of register book to be exhibited
11. Collars with badges
12. Penalty for dog not wearing badge
13. Power to seize dogs
14. Disposal of dogs seized
15. Notice to owner
16. Power to sell or destroy dogs
17. Certain dogs to be summarily destroyed
18. Using counterfeit badges
19. Using obsolete badges
20. Using badge fraudulently
21. Removing the badge

PART II
CONTROL OF DOGS

22. Diseased and neglected dogs
23. Diseased dogs at large
24. Bitches on heat
25. Dangerous dogs may be destroyed
26. Dogs attacking persons, etc.
27. Dogs seen attacking persons, etc.
28. Dogs running at large among cattle
29. No liability where dog wounded in attempt to destroy

PART III
MISCELLANEOUS

30. Regulations
31. Repeal and savings 
Schedule

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THE DOG REGISTRATION AND CONTROL ORDINANCE 1955
1955 No.11

AN ORDINANCE to make provision for the registration of dogs and to consolidate certain Ordinances relating to the control of dogs. 
(07 December, 1955)
(Commencement date: 01 January 1956) 

1. Short title and commencement - (1) This Ordinance may be cited as the Dog Registration and Control Ordinance 1955.

(2) This Ordinance shall come into force on the 1st day of January 1956.

2. Interpretation- In this Ordinance, unless the context otherwise requires,-

"Apia" means the area within the radius of 2 miles from the intersection of Vaitele and Vaea Streets.

"Dog" means any dog whether male or female not less than 6 months old.

"Owner" means the keeper of a dog or the occupier of any building where any dog is ordinarily kept or permitted to live or remain or any person who harbours a dog.

"Registration area" means the area of Apia and any village area declared pursuant to this Ordinance to be a registration area.

"Registering Officer" means, in Apia, the Commissioner of Police, and in all other registration areas any other officer appointed by the Head of State to register dogs under this Ordinance.

PART I
REGISTRATION

3. Commencement of Part I - This Part of this Ordinance shall come into operation at such time and in such district or districts or part or parts of a district as the Head of State may from time to time by Notice published in the Samoa Gazette direct. The Head of State may at any time by Notice suspend the operation of this Part of this Ordinance in any district or districts or part or parts of a district to which it has previously been applied.

4. Dogs to be registered - Any person who shall keep any dog without causing such a dog to be registered and such registration to be renewed from year to year in the manner hereinafter provided shall be liable on conviction to a fine not exceeding 1 penalty unit for each such dog over and above the amount of any fee payable in respect of the registration of any such dog:

PROVIDED THAT no prosecution shall be instituted against the owner of such dog and for non-registration thereof within the month of January in any year.

5. Mode of registration and fee, etc. - (1) The registration of a dog shall be effected by the owner thereof, or some other person on his behalf, applying to the Registering Officer for its registration.

(2) The owner or such other person shall pay to the Registering Officer for such registration the sum of 50 sene in respect of a male dog and $1 in respect of a female dog and no registration shall be recorded until such payment has been made.

(3) The Registering Officer shall enter in a book the name of the owner, his permanent address and a serial number together with the description, the colour and sex of the dog.

(4) Every registration shall be deemed to be in force until the 31st day of December of the year in respect of which each registration is effected and such registration shall be made in like manner from year to year.

6. Registration to extend over Samoa - Every registration made under this Ordinance shall be in force throughout Samoa and any person being the owner of the registered dog may remove such dog to any other district than the one wherein such dog is registered without payment of any fee.

7. Change of ownership - Where the ownership of a dog is changed the registration of such dog shall continue good and the name of the new owner of that dog shall upon application by him and upon production by him of the receipt issued pursuant to section 10 hereof be entered in the registered book in substitution for the name of the previous owner thereof without payment of any fee and thereupon for the purposes of this Ordinance such new owner shall take the place of the previous owner and the Registering Officer shall endorse the name of the new owner on such receipt.

8. Liability of owner failing to produce registration receipt - The owner of any dog shall on demand produce to any Registering Officer or to any member of the Police the receipt provided for under section 11 hereof and if any such owner refuses or fails to produce such receipt he shall in any proceedings under this Ordinance be deemed to be the owner of an unregistered dog unless he can prove the registration and can account to the satisfaction of the Supreme Court for the non-production of the receipt.

9. Proof of registration, etc., to be on owner - In any proceedings under this Ordinance the proof of due registration or that a dog is under the age of 6 months or has not been kept for a period of 14 days by the owner thereof shall in each case be on the defendant:

PROVIDED THAT the production of the receipt aforesaid shall be prima facie evidence of registration.

10. Copies of register book to be exhibited - Copies of the registered books of the several Registering Officers shall be affixed by every such officer to some conspicuous place in his office and in any other place or places that he may deem expedient in his district.

11. Collars with badges - (1) There shall be kept by every Registering Officer a supply of dog collars having badges of such kind as the Commissioner of Police shall determine affixed thereon stamped with the serial number mentioned in section 5 hereof and marked with the name of the registration area and the year for which the same are issued.

(2) Any person shall be entitled to receive a collar in respect of each dog that he registers on payment by him of the fixed price thereof in addition to the registration fee.

(3) Duplicate collars or duplicate badges shall be issued on payment of the original cost thereof on affirmation that the original has been lost or stolen.

12. Penalty for dog not wearing badge - Any person allowing his dog to be at large not wearing a badge for the then current year shall be liable on conviction to a fine not exceeding 1 penalty unit.

13. Power to seize dogs - Any dog running at large and not wearing a badge of the current year shall be liable to be seized by any person who has been duly authorised in that behalf by the Commissioner of Police.

14. Disposal of dogs seized - Every dog seized under the last preceding section shall be detained in a pound or where no pound is provided in such place as shall be appointed in that behalf by the Registering Officer of the district in which the dog shall have been seized.

15. Notice to owner - Where the owner of any dog so seized is known notice of the seizure shall immediately be given to the owner.

16. Power to sell or destroy dogs - Where any dog so seized shall have been detained for 4 clear days without the owner claiming it and paying 10 sene per day as poundage fees and such expenses for transport as may have been incurred the Registering Officer of the district in which the dog was seized may cause it to be sold or destroyed; if sold the proceeds of the sale after deduction of all expenses shall be paid to the owner on application within one month of the date of the sale.

17. Certain dogs to be summarily destroyed - If after due enquiry has been made by him it shall be proved to the satisfaction of any member of the Police who has been duly authorised in that behalf by the Commissioner of Police to carry out the provisions of this section that any dog so seized is liable to registration under this Ordinance and has not been registered the provisions of sections 14, 15 and 16 of this Ordinance shall be deemed not to apply and any such dog may be summarily destroyed by any such members of the Police and no action shall lie against any member of the Police acting bona fide in pursuance of the powers conferred upon him by this section.

18. Using counterfeit badges - Every person who falsely makes or counterfeits, or knowing the same to be false or counterfeit, purchases, uses or has in his possession any badge resembling or apparently intended to resemble or pass for a metal badge supplied at some registration office under this Ordinance is for every offence liable to a fine not exceeding 1 penalty unit.

19. Using obsolete badges - Every person who after the 1st day of February in every year has in his following or keep any dog wearing a badge issued in any previous year, which dog has not been registered for the then current year, is liable to a fine not exceeding 1 penalty unit.

20. Using badge fraudulently - Every person who has in his following or keep any dog wearing a badge issued in respect of another dog is liable to a fine not exceeding 1 penalty unit.

21. Removing badge - Every person who wilfully and maliciously removes from the neck of any dog the badge of registration required by this Ordinance to be worn by such dog is liable for every such offence to a fine not exceeding 1 penalty unit, and, if any dog is destroyed under section 16 hereof in consequence of the removal of such badge, shall pay to its owner the full value of the dog so destroyed.

PART II
CONTROL OF DOGS

22. Diseased and neglected dogs - (1) In Apia if any dog, in the opinion of the Director of Health, ought to be destroyed by reason of its suffering from any disease or from malnutrition or neglect, a notice signed by the Director of Health or by such other officer as may be authorised in that behalf by the Director of Health may be served on the owner directing him to destroy such dog.

(2) In any area outside Apia if any dog, in the opinion of the Director of Health or a Medical Practitioner, ought to be destroyed by reason of it suffering from any disease or from malnutrition or neglect, a notice signed by the Director of Health or a Medical Practitioner or by such other officer as may be authorised in that behalf by the Director of Health may be served on the owner directing him to destroy such dog.

(3) Every owner who fails to comply with any such notice is liable to a fine not exceeding 1 penalty unit for every day during which the failure continues.

23. Diseased dogs at large - (1) Any person who permits any diseased dog to be at large shall be liable to a fine not exceeding 1 penalty unit, and the Court may order such dog to be immediately destroyed.

(2) Any member of the Police who has been duly authorised in that behalf by the Commissioner of Police may forthwith destroy or cause to be destroyed any dog so ordered to be destroyed.

24. Bitches on heat - Every person who permits any female dog belonging to him or under his control to be at large in any public place while on heat commits an offence and is liable to a fine not exceeding 1 penalty unit.

25. Dangerous dogs may be destroyed - (1) If it is proved to the Court that a dog, whether at large or not is dangerous and not kept under proper control, the Court may make an order directing the dog either to be kept by the owner under proper control or to be destroyed.

(2) Every person who fails to comply with such order is liable to a fine not exceeding 1 penalty unit for every day during which the failure continues.

26. Dogs attacking persons, etc. - (1) If any dog, on any highway or any unenclosed space, rushes at, attacks or startles any person, or any horse, cattle, or other animal, whereby the life or limb of any person is endangered, or any property is injured or endangered the owner of every such dog shall be liable to a fine not exceeding 1 penalty unit for every such offence, over and above the amount of any damage occasioned by such dog.

(2) The Court may in its absolute discretion order such dog to be immediately destroyed.

27. Dogs seen attacking persons, etc. - Any person who sees a dog, being at large, biting or attacking any person or any horse, or who is himself bitten or attacked by such dog may destroy the same without being answerable for any damage occasioned thereby.

28. Dogs running at large among cattle - The owner or the agent of the owner of any cattle or any servant or person employed by such owner or agent, may destroy any dog running at large amongst such cattle.

29. No liability where dog wounded in attempt to destroy - No person who, with the intention of destroying any dog under the powers conferred by this Ordinance wounds or maims the dog shall, except in a case in which he or she causes unnecessary suffering to the dog, be under any liability, whether criminal or civil, for any injury done to the dog.

PART III
MISCELLANEOUS

30. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time by notice published in the Samoa Gazette make all such regulations as may in the Head of States opinion be necessary or expedient to give full effect to the provisions of this Ordinance or to provide for the humane destruction of dogs.

(2) All such regulations shall be laid before the Legislative Assembly within 28 days after the date of the making thereof if the Assembly is then in session and, if not, shall be laid before the Assembly within 28 days after the commencement of the next ensuing session.

31. Repeal and savings - (1) The enactments specified in the Schedule to this Ordinance are hereby repealed to the extent indicated therein.

(2) All orders, regulations, appointments, notices, instruments, and generally all acts of authority which originated under the enactments hereby repealed and are subsisting and in force at the commencement of this Ordinance shall ensure for the purposes of this Ordinance as fully and effectually as if they had originated under the corresponding provisions of this Ordinance and accordingly shall, where necessary, be deemed to have so originated.

(3) All matters and proceedings commenced under any such enactment and pending or in progress at the commencement of this Ordinance, may be continued, completed and enforced under this Ordinance.

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SCHEDULES
Section 31(1)

Ordinance

1923 - No.1:

1929 - No.8:

1931 - No.3:

1937 - No.4	The Dog Registration Ordinance

The Police Offences and other Ordinance Amendment Ordinance 1929

The General Laws Ordinance 1931

The Dog Registration Amendment Ordinance 1937	Extent of Repeal

Whole Ordinance

Section 6
Section 3 (l),(x)

Whole Ordinance

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.

(c) All references to the male gender have been made gender neutral.

(d) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1978-1996.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by Leilani Pereira-Moeono
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The commencement date has been inserted. Section 4 (general powers of the Attorney General) of the Revision and Publication of Laws Act 2008 is used to insert the commencement date.

No amendment has been made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated and revised by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

REVISION NOTES 2010

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2010. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Dogs Registration and Control Ordinance 1955 is administered by the Ministry of Police, Prison and Fire Service.