Comhairle Chontae an Longfoirt

Longford County Council

Control of Horses Act 1996

BYE-LAWS

2012

ADMINISTRATIVE COUNTY OF LONGFORD

(Including the administrative area of LongfordTown Council)

CONTROL OF HORSES

BYE-LAWS 2012

Arrangement of Bye-Laws

PART 1

Preliminary

1.Short title

2.Commencement of Bye-Laws

3.Interpretation

4.Area of application

PART II

5.Exclusion Areas

6.Display of Notice of Detention of a horse under the Act

7.Provision of Veterinary attention for a horse detained under the Act

8.Fees payable

9.Disposal of a horse detained under the Act where its owner or keeper is unknown

10.Release of a horse detained under the Act.

  1. Disposal of a horse detained under the Act where its owner or keeper is known.
  1. Evidence identity, proof of ownership or right to keep a horse.
  1. Prohibition on horses in parks and open spaces.
  1. Control of horses in public places
  1. Penalties.

The County Council of the County of Longford, considering that horses are causing or may cause a nuisance or danger to persons or damage to property, in exercise of the powers conferred on it by Sections 46 and 47 of the Control of Horses Act 1996 and in accordance with Section 13 of the Control of Horses Act 1996, hereby makes the following Bye-Laws in respect of the Administrative County of Longford, including the Urban District of Longford.

PART 1

Preliminary

1.These Bye-Laws may be cited as Longford County Council (Control of Horses) Bye-Laws 2012

2.These Bye-Laws shall come into operation of the day of 2012 .

3.In these Bye-Laws

“the Act”means the Control of Horses Act 1996

“the Council”means the County Council of the County of Longford.

“Exclusion Area”means an area specified in Part 1 of the First Schedule hereto.

“the Pound”means a Pound provided under the Pounds (Provision and Maintenance) Act 1935.

the Superintendent”means the Superintendent of the Garda Siochana for the area in which a horse is seized or detained under the Act.

“dispose of”means to sell or to give away or have destroyed, and cognate words shall be construed accordingly.

“Authorised person”means a person appointed an authorised person under the Act.

‘public place’ means any street, road, foreshore, park, land, field orother place to which the public has access whether byright or permission and whether with or without vehicles and whether subject to or free of charge andincludes a market or fair.

4.These Bye-Laws apply to the area comprising the Administrative County of Longford including the administrative area of Longford Town Council.

PART II

5.(a)The Council, considering that horses are causing or may cause a nuisance or danger to persons or damage to property in the areas specified in Part I of the First Schedule hereto,hereby prohibits a person from having, keeping, riding or driving a horse in those areas at all times and declares them to be exclusion areas.

(b)This Bye-Law shall not apply to the classes of persons and in the circumstances specified in Part II of the First Schedule hereto.

6.(i)As soon as possible after a horse has been detained under the Act, the Council or the Superintendent shall display in a conspicuous position at the Pound, the headquarters of Longford County Council or Garda Station as appropriate, a Notice, describing the horse and stating where it was found and where it is being detained. The Council may,at its discretion, withhold the location of detention for security or health and safety reasons.

(ii)A Notice displayed pursuant to paragraph (i) of this Bye-Law shall be kept displayed until the horse referred to in it has either been released to its owner or keeper or disposed of.

7.The Council or the Superintendent may provide a horse detained under the Act with such veterinary attention as they consider appropriate.

8.(i)The Council or the Superintendent shall be entitled to demand and receive from the owner or keeper of a horse detained under the Act,

(a)the cost of collecting and transporting it on foot or by vehicle from the place where it was found to the place where it is detained.

(b)the cost of providing it with care and sustenance during the period of detention

and

(c)where it has been provided with veterinary attention, the cost of such attention.

(ii)A Notice of the Fees referred to in paragraph (i) above shall be displayed and kept on display in a conspicuous position at the pound.

  1. Where the owner or keeper of a horse detained under the Act is unknown or cannot be found by reasonable enquiry, the Council or Superintendent may dispose of the horse on the expiration of five working days from the date on which a notice pursuant to Bye-Law No. 6 was first displayed.

10.(i)Where the owner or keeper of a horse detained under the Act is known and can be readily found, the Council or the Superintendent shall notify him or her of its detention and that its release may be obtained on payment of the fees due and payable in respect of such detention and that in the event of such fees not being paid within seven days of payment being demanded, the Council or the Superintendent will dispose of the horse.

(ii)Notwithstanding paragraph (i) of this Bye-Law, the Council or the Superintendent, as the case may be, may refuse to release the horse where they;

(a)are not satisfied that adequate accommodation and sustenance or adequate veterinary attention will be provided for the horse

or

(b)have reason to believe that the horse will be cruelly treated following such release.

and

where the owner or keeper of the horse has failed to satisfy the Council or the Superintendent within a period of seven days that he/she can comply with the requirements of this articlethen the Council or the Superintendent may dispose of the horse as they consider appropriate.

(iii) Persons rehoming horses, including welfare organisations, will be required to contribute to the seizure and maintenance costs incurred by the local authority.

11.Where the owner or keeper of a horse detained under the Act fails to pay the fees due and payable in respect of such detention within seven days of payment being demanded or, having paid them, fails to take possession of the horse, or the Council or the Superintendent refuses to release the horse for the reasons set out in Bye-Law No. 10 (ii)(a) and or 10 (ii)(b), the Council or the Superintendent shall dispose of the horse in such manner as they consider appropriate.

  1. Subject to the owner of the horse complying with Bye-Law No.10, the Council or the Superintendent will require a person reclaiming a horse to produce evidence of identity, (driver’s license or passport),the horse passport or proof of having applied for a horse passport in respect of the horse(s) being detained, and may demand proof of ownership or right to keep the horse. Where considered necessary,the Council or the Superintendent may also require such person to provide an indemnity against claims of ownership of the horse by any other person.

Prohibition on horses in Parks and Open Spaces

13 (a)No person shall cause or allow any horse, as defined in the Controlof Horses Act 1996, to enter or remain in any park or open space.

(b)No person shall turn out a horse to graze in any park or open space, or allow or suffer a horse to stray or remain in any park or open space, without the writtenpermission of the Council and subject to the terms and conditions of suchpermission.

(c)No person shall lead, walk, lunge, break in or ride a horse in any park or open space without the written permission of the Council and subject to the terms and conditions of such permission and only then on such routes as may be designated from time to time by the Council for this purpose.

Control of Horses in Public Places.

14(a) A person shall not place, turn out to graze, feed or allow a horse to remain or stray in a public place at any time.

(b) Persons are prohibited from having or keeping a horse in a public place, other

than in the circumstances and places described in Column1 of the Second Schedule and under the control of suchpersons specified in Column 2 thereof.

(c) Where a person is permitted to ride or drive a horse in a public place

they shall ensure that the horse is under their control so as to prevent

injury or nuisance to persons or damage to property.

(d) When a person is riding a horse in a public place they will ensure that

the horse is at all times wearing a bridle (including reins ) made from

suitable materials ( not rope) and fitted with a metal bit. An adult must

accompany horse riders under the age of 16 years.

(e) Paragraph (a) of this Bye-Law does not apply to the following classes

of persons:

i A member of An Garda Siochana acting in the course of his or her duty.

ii. A member of the Defence Forcesacting in the course of his or her duty.

Iii An authorised person acting in the course of his or her duty.

15 A person who fails to comply with or contravenes these bye-laws shall be guilty of an offence and shall be liable on conviction to be penalized under sections 6, 46 and 47 of the Control of Horses Act 1996

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FIRST SCHEDULE

Part 1

Bye-Law No. 5 Exclusion Areas

1. The area of Longford town and its environs as delineated on the attached map.

2. The urban area of Granard and its environsas delineated on the attached map.

3. The urban area of Edgeworthstown and its environs as delineated on the attached map.

Part II

Classes of persons to whom and circumstances in which Bye-Law No. 5 shall not apply.

(a)An authorised person under the Act or a member of the Garda Síochana acting in the course of his or her duty.

(b)A Pound Keeper keeping a horse in a Pound.

(c)A person accepting, detaining or disposing of a horse under an arrangement with the Council or a Superintendent of the Garda Síochana.

(d)An owner of land in the area, in respect of a horse kept by him or her on that land provided it is not being held contrary to Section 37 of the Act and while the horse is kept on the said land and there is adequate pasture and shelter for the horse or if the horse is in a public place provided the horse is fitted with a bridle and adequately controlled by a person over 16 years of age such as to prevent injury or nuisance to persons or damage to property.

(e)The proprietor of an Equestrian Centre or Riding School in the area in respect of a horse kept by him or her at such centre or school or horses taking part in events at the Equestrian Centre or Riding School.

(f)The transportation of a horse by vehicle through the area.

(g)The keeping of a horse in the area by a Veterinary Surgeon for the purpose of receiving veterinary attention.

(h) The bringing of a horse into the area for the purpose of participating in public events that are duly authorised.

SECOND SCHEDULE

Keeping of Horses in Public Places – Exemptions allowed under Byelaw 13

Description of circumstances and places
(1) / Class of persons
(2)
Riding or leading a horse by a bridle and under the supervision of a person over 16 years of age along a public road (other than a motorway or dual carriageway) or a bridle path. / Horse owner or other person lawfully in charge of a horse.
Driving a horse and carriage or cart under the supervision of a person over 16 years of age along a public road (other than a motorway or dual carriageway) or a bridle path. / Horse owner or other person lawfully in charge of a horse
Riding a horse or leading a horse by a bridle and under the supervision of a person over 16 years of age in a public park or public open space. / Horse owner or other person lawfully in charge of a horse who has written permission from the Council in that regard.
Riding a horse or driving a horse and carriage or cart and under the supervision of a person over 16 years of age whilst participating in a public parade, procession or hunt with the permission of the Council on a public road or public place. / A person participating in such.
When having a horse in a horse box or trailer being drawn by a mechanically propelled vehicle and under the supervision of a person over 16 years of age. / Horse owner or other person lawfully in charge of a horse.

PRESENT WHEN THE SEAL OF THE COUNTY COUNCIL

OF THE COUNTY OF LONGFORD was affixed hereto

on the ______day of ______2012

CountyManager

CountySecretary.

Chairman or nominated Member

of the Council.