BILL OF LAW ENTITLED

«THE DOGS’ (AMENDMENT) LAW OF 2012»

Short Title
184(Ι)of2002
137(Ι)of2005 /
  1. ThisLawshallbecitedastheDogs’ (Amendment) Lawof 2012 andshallbereadwiththeDogs’ Lawsof 2002 and 2005 (hereinaftertobecalled ‘thebasiclaw’) andthebasicLawtogetherwiththisLawshallbecalledtheDogs’ Lawsof 2002 to2012

Amendment of section 2 of the basic law /
  1. Section 2 ofthebasiclawisamendedbydeletingtherefromtheterm‘dog’ andreplacementwiththefollowingdefinition: ‘dogshall include any dog, of any breed and race aged over three (3) months and, for the purposes of Part III of this Law, shall include any dog of any age.

Amendment of section 3 of the basic law /
  1. Section 3 of the basic law is amended as follows:
  1. Bytheadditioninthefirstlineofsubsection (1) afterthewords ‘Nopersonmayown’, oftheword ‘legally’ and the addition after the words ‘competent authority’ (second line) of the words ‘of the dog’s place of residence’.
  1. Bythereplacementofthephrase ‘theownershiplicence shall bevalidforoneyearfromthedateofissue’ inlineoneofsubsection (3) withthephrase ‘theownershiplicenceshallbevaliduntil 31 Decemberofeachyearprovidedthatinthefirstyearofregistrationtheownershallpaytheamountofthelicencethatcorrespondstothepartoftheyearremaininguntil 31 December’.
  1. By the deletion of subsection 4 of section 3 and its replacement with the following new subsection:
3 (4) ‘The rates for issuance of the licence fee are set in Schedule Three and shall be collected by the competent authority which issues the licence. Itisprovidedthat:
(a)Nofeeshallbepaidbya person with a disability as defined in law 127(Ι)/2000in relation to his/her guide dog.
(b)Half of the fee specified in Table Three shall be paid by a livestock breeder or shepherd owning a sheepdog or other
  1. Bytheamendmentoftheprovisoofparagraph (a) ofsubsection6 ofsection 3 by the deletion of the full-stop at the end and the addition of the phrase: ‘within 7 days from the day on which the dog shall cease to be in the possession of the person’.
  2. Bytheamendmentofparagraph (b) ofsubsection 6 ofsection 3 bythedeletionoftheword ‘new’ inlinetwoandthedeletionofthecoloninlinethreeandtheadditionofthephrase ‘within72 hoursfromthetimeofthedog’sdeath:’
  3. Bytheamendmentofparagraph (c) ofsubsection 6 ofsection 3 bythereplacement of the word ‘immediately’ with the words ‘within 24 hours’.

Amendmentofthebasiclawbytheadditionof a new section 3A
TheAnimalProtection and Welfare Law of 1994
46 (Ι)/94
94 (Ι)/97
75 (Ι)/00
43 (Ι)/02
95 (Ι)/08
TheMaintenanceandProtectionofthe Peace Law of 1968
27 of74 /
  1. By the addition of a new section A as follows:
3Α(1) Ineachresidence (builtonawholeregisteredplot) inaresidentialarea, it ispermitted to keep uptotwo (2) dogs and in residences, outside residential areas, it is permitted to keep up to four (4) dogs.
(2) Withregardtoduplexresidences (housingcomplexes) and apartment buildings it is permitted to keep only one (1) dog in each apartment (with an area of at least x metres square), provided that the building’s rules so permit.
(3) itisforbiddentokeepdogsontherooforbalconiesof singlehouses (outside buildings)
(4)itisforbiddentokeepdogsincommon-useareasofduplexesandapartmentbuildings
(5) Itispermittedtokeepdogsintheoutdoorspacesofsingleresidencesonconditionthattheheightofthefencingaroundthehouseissuchastopreventtheanimalfromescapingorcirculatingfreelyoutsidethefencedoutdoorspaceoftheresidence.
6) PersonswhoonthedateofentryintoforceoftheDogs’ (Amendment) Lawof 2006 ownmorethantwo (2) registereddogs, shallbeentitledtokeeptheadditionaldogsuntiltheirnaturaldeaths, aslongastheyupholdalltheprovisionsofthisLawandsuitablemaintenanceconditionspursuanttoTheAnimalProtection and Welfare Law of 1994, and provided that they uphold the provisions of TheMaintenanceandProtectionofthe Peace Law of 1968
Amendment of section 8 of the basic law /
  1. Subsection two (2) of the basic law is amended by the replacement of the words ‘six months’ (line one) with the words ‘three months’

Amendment of section 9 of the basic law /
  1. Section 9 is amended as follows:
(1) Bythereplacementinlineoneofsubsection3, paragraph (a) of the words ‘appropriate person’ with the words ‘registered veterinarian’.
(2) Bytheadditionofanewsubsection 4 asfollows: ‘Withoutprejudicetotheprovisions of subsection 1 of this section, all dogs entered in the register must wear a collar with the owner’s name and telephone number’.
Replacement of section 18 of the basic law /
  1. Section 18 of the basic law shall be deleted and replaced by the following new section:
‘Offences and Penalties
18.Anypersonwho:
(a)Ownsadogwithoutalicenceoradognotenteredinthedogregisterandtagged, orownsafemaledogforbreedingwithoutsodeclaringtothedirector, orfailstodeclaretothecompetentauthoritythenumberofpupsineachlitterandthenamesandaddressesofthepeopletowhomtheyweresold, aswellasthedateonwhichtheyweresold, inviolationoftheprovisionsofSections3, 8, and 29,
(b)Owns or possesses or keeps a dog without putting up a ‘beware of the dog’ sign at the entrance of his/her home or outbuildings in violation of the provisions of Section 5,
(c)Allowshis/herdogsystematicallytocirculatefreelyinthestreets, causinganuisance, and fouling the streets without scooping up the mess, in violation of the provisions of section 6(1)(e),
(d)Allowshis/herdogtoliveinspacesorbuildingswhichdonotsecuresatisfactorylivingconditionsas required for the category or breed of the dog in violation of the provisions of section 6(1)(c)(i),
(e)Allows the living conditions of his/her dog to render it a hazard to public health and the health of other dogs or animals in violation of the provisions of section 6(1)(c)(ii),
(f) Abandonshis/herdogoratisresponsible forthedog escaping in violation of the provisions of section 6(1)(c)(iii),
(g)Allowshis/herdogtoliveinspacesorbuildingsnotbelongingtohim/herinviolationoftheprovisionsofsection 6(1)(d), unless he/she has written authorisation to use such buildings from the lawful owner,
(h)Ownsaregistereddog which does not wear a collar with the owner’s name and address in violation of the provisions of section 9(4),
(i) Imports into Cyprus, owns, breeds, reproduces, sells, exchanges, offers, advertises, or displays for sale or exchange a dog belonging to one of the dangerous breeds with fighter characteristics and belonging to any breed contained in Schedule 5 in violation of the provisions of section 11,
(j) Is a livestock breeder or shepherd and is accompanied by more than two dogs when grazing is/her flock or animals in violation of the provisions of section 25,
(k) Violatestheprovisionsofthis law in any way,
Isguiltyofanoffenceandincaseofafirstconvictionshallbeliabletoimprisonmentforaperiodnotexceedingtwelve (12) monthsortoapecuniaryfinenotexceedingtwothousandeuro(€2000) or to both penalties and in case of a second or subsequent conviction, to imprisonment for a period not exceeding twenty four (24) months or to a pecuniary fine not exceeding three thousand euro (€3000) or to both penalties’.
Replacement of section 19 of the basic law
OutofCourtSettlementofOffencesLaw47(Ι) of 1997
82(Ι)of2000
52(Ι)of2002
27(Ι)of2006
96(Ι)of2010
127(Ι)of2010 /
  1. Section 19 of the basic law shall be deleted and replaced by the following new section 19:
‘Out of court settlement of offences
19 (1) SubjecttotheprovisionsoftheOut ofCourtSettlementofOffencesLawsof 1997 to 2010, oranyotherlawamendingorreplacingit, the criminal offences whose nature is specifiedin sections 3, 5, 6, 8, 11, 12, 13, 14, 15, 17, 25 and 29 of this Law may be settled out of court by the levying of the rates contained in Schedule 9.
(2) Notwithstandingwhatisspecifiedinsection 3 regardingtheOutofCourtSettlementofOffencesLawsof 1997 to2010, if in the course of the same calendar year, a person should repeatedly commit any of the offences settled out of court pursuant to the provisions of this law:
(a)inconnectionwiththecommissionofcriminaloffencesthenatureofwhichisdefinedinsections12, 13, 14, 15, 17 and25, the fine in the out of court settlement shall be doubled in case of the commission of the same offence a second time, and in case of a third or subsequent commission of an offence which is settled out of court, the fine in the out of court settlement shall be fixed at €850
(b) inconnectionwiththecommissionofcriminaloffencesthenatureofwhichisdefinedinsection6(1)(c)(j), in case of a second offence in a period not exceeding one month from the commission of the first offence the fine in the out of court settlement shall be doubled, and in case of a third or subsequent commission of an offence which is settled out of court, the fine in the out of court settlement shall be fixed at €400.
Amendment of section 20 of the basic law /
  1. Section 20ofthebasiclawisamendedbythereplacementofthephrase ‘subjecttotheprovisionsofsection 19, iftheHeadoftheGameFundorhisrepresentative’, bythephrase «notwithstanding the provisions of section 5 of the out of court settlement Law and subject to the provisionsofsection 19, iftheHeadoftheGameFundorhisrepresentative’(in connection with the implementation of sections 12, 13, 14, 15, 17 and 25 of this Law) or a duly authorisedrepresentative of a local authority or an authorised Veterinarian Officer or Veterinarian Inspector (in connection with the implementation of sections 3, 5, 6, 8, 11, and 29 of this Law)’.

Amendment of section 22 of the basic law /
  1. Subsections (1) (3) and (4) ofsection 22 of the basic law shall be replaced by the following new subsections:
22.(1) Paymentoftheoutofcourtfinewhichhasresultedfromtheviolationofsections2, 3, 5, 6, 8, 11 and 29 shall be made at the various offices of the Local Authority mentioned in the notice when this has been issued by a representative of the competent authority of the place in which the dog is kept, or at the district offices of the Veterinary Services when it was issued by an authorised Veterinarian Officer or Veterinarian Inspector.
22(3) ThepersoninchargeattheLocal Authority or the Veterinary Services where payment of the out of court fine is paid, shall issue a standard form certificate of such payment, which he/she signs and which, should there be any subsequent criminal proceedings, shall be considered adequate proof of payment of the out of court fine.
22(4) TheamountoftheoutofcourtfineshallbedepositedattheLocalAuthorityatwhichitwaspaidor at the permanent fund of the Cyprus Republic if it was paid at a District Office of the Veterinary Services.
Amendment of section 29 of the basic law /
  1. Subsection2 ofsection 29 shall be amended by the addition after the word ‘must’ in line one of the phrase ‘within fifteen days from the date of birth of the pups’.

Replacement of Schedule 3 of the basic law /
  1. Schedule Three of the basic law shall be replaced by the following new Schedule:
«SCHEDULE THREE
(Section 3(4))
DOG OWNERSHIP LICENCE FEES
Category of dogsAmount
Dogs male not neutered€44
9 of 137(1) of2005
Dogs male not neutered€20
9 of137(1) of2005
Dogs female not neutered€44
9 of 137(1) of2005
Dogs female neutered€20
9 of137(1) of2005
Dangerous breeds of dogs€170
spayed/neutered»
Replacement of Schedule 9of the basic law /
  1. Schedule Nine of the basic law shall be replaced by the following new Schedule:

«SCHEDULE NONE

(Section 19)

OUT OF COURT SETTLEMENT OF OFFENCES

S/N / DESCRIPTION OF OFFENCE / FIXED FINE / SECTION VIOLATED
1. / Dog ownership without a licence / €85 / 3(1)
2. / A person owning a dog without a Health Certificate or Book / €85 / 3(2)(α)
3. / A person owning a dog without a without a Certificate of Registration and Permanent Tagging by the Director / €85 / 3(2)(β)
4. / A personsellingorgivingawayadogtoanotherpersonwithoutthenecessaryactions through the competent authority within 7 days from the date on which the dog ceases to be in the person’s possession / €85 / 3(6)(α)
5. / A personwhofailstodeclarethedeathofhis/herdogtothecompetentauthority, bysolemndeclarationintheformcontainedinSchedule Six or produce a death certificate from a registered veterinarian within 24 hours from the time of the dog’s death (or the time at which the dog’s death comes to the attention of the owner) / €85 / 3(6)(β)
6. / A personwho fails to notify the competent authority within 24 hours with regard to the loss of their dog / €85 / 3(6)(c)
7. / A personkeepingdogs in the common-use spaces of apartment buildings (garage spaces, roof terrace, uncovered areas etc) / €85 / 3Α(4)
8. / A personwhofailstoputupasignwiththewords ‘Bewareofthedog’ attheentranceoftheirhomeand/orout buildings / €85 / 5
9. / A person whosedogappearsdangerous (asascertainedbythelocalauthority) whenthedogisoutsidetheowner’spremises / €85 / 6(1)(α)(i)
10. / Apersonwho does not take all appropriate measures to prevent the nuisance caused by loud and persistent barking / €85 / 6(1)(α)(ii)
11. / ApersonowningadogwhichbelongstooneofthebreedsincludedinScheduleFiveandwhich has not been declared as such. / €85 / 6(1)(α)(iii)
12. / Apersonowningadogwhich belongs tooneofthebreedsincludedinScheduleFiveandwhich has been declared as a non-dangerous breed by a registered veterinarian / €85 / 6(1)(α)(iii)
13. / Aregisteredveterinarianwhohasdeclaredadogbelonging to one of the breedsincludedinScheduleFiveas a non-dangerous breed / €85 / 6(1)(α)(iii)
14. / Apersonwho does not possess spaces or premises securing satisfactory living conditions as required by the category or breed of the dog / €85 / 6(1)(c)(i)
The amount shall be doubled in the next complaint which shall have been made before the passing of at least one month after the first
15. / Apersonwhopermitshis/herdogtoliveinconditionsrenderingitdangerousforpublichealth and the health of other dogs or animals / €85 / 6(1)(c)(ii)
16. / Apersonwhodoesnottakethenecessary measures to prevent their dog from running away or who abandons the dog / €85 / 6(1)(c)(iii)
17. / Aperson whose dog is living in premises not belonging to the dog’s owner, without written permission from the legal owner of the premises / €85 / 6(1)(d)
18. / Apersonwho fails to remove his/her dog’s droppings and thereby pollutes any public or private space / €85 / 6(1)(e)
19. / A person who allows his/her dog to wander freely in any public street or private open space / €85 / 6(1)(e)
20. / Apersonwhoowns a dog older than three months that is not registered in the Register kept by the Director / €85 / 8(2)
21. / Apersonwhoownsaregistered dog which does not wear a collar with the owner’s name and address / €85 / 9(4)
22. / ApersonwhoimportsintoCyprusdangerousbreedswithfightercharacteristicsorwhich are bred with the aim of developing such characteristics and which belong to any of the breeds listed in Schedule Five / €85 / 11(1)(α)
23. / Apersonwhoowns, breeds, reproduces, sells, exchanges, offers, advertises, or displays for sale or exchange a dog belonging to one of the dangerous breeds with fighter characteristics and belonging to any breed contained in Schedule 5 / €85 / 11(1)(β)
24. / ApersonwhoownsadogbelongingtooneofthebreedslistedinScheduleFiveandhasnotseentoitsneuteringorcastrationbyaregisteredveterinarian who issues the appropriate certificate which he notifies immediately to the competent authority and the Director / €85 / 11(2)(α)
25. / Apersonwhohas not insured a dog which belongs to a breed listed in Schedule Five against damage to foreign property and injury against any person. / €85 / 11(2)(β)
26. / ApersonwhowhichbelongstoabreedlistedinScheduleFiveanddoesnotwearamuzzleapprovedbytheDirectororisnottiedto a leash when outside the boundaries of the owner’s house or premises. / €85 / 11(2)(β)
27. / Shepherdsor livestockbreedersaccompanied by dogs -
Shepherds or livestock breeders who are accompanied by more than two dogs when grazing their flocks or other animals / €85 / 25
28. / Dogsforbreeding
ApersonwhohasnotdeclaredtotheDirectorwithin tendaysfromthedateinwhichthedogcomesintohis/herpossessionorownership, thatthedogisintendedforbreeding / €85 / 29(1)
29. / Shepherds or livestock breeders accompanied by dogs -
Shepherds or livestock breeders who are accompanied by registered hunting dogs when grazing their flocks outside the areas designated for exercising hunting dogs / €85 / 25

Reasoning Report

As has been stated repeatedly by the Local Authorities, there is serious difficulty in implementing the Dogs’ Laws because the licence fees are very low and the municipalities and communities are not able to respond to the high labour costs required to oversee and implement the law. Atthesametime, theabsence of penalties which will impose respect and enforcement of the law, the registration and tagging of the dogs as well as animal welfare, require the immediate imposition of out of court settlement of violations by citizens. Because there have been repeated instances of the keeping of dogs on balconies of apartment buildings or other spaces, under unacceptable conditions of hygiene for both animals and humans, by persons who are not in a position to own large numbers of dogs, it is essential to limit the number of animals each individual may own.