Law 50/1999, of 23 of December on Legal Regime of the Possession of Potentially Dangerous Animal

Law 50/1999, of 23 of December on Legal Regime of the Possession of Potentially Dangerous animal

EXHIBITION OF REASONS

Unlike most of European countries, in Spain as soon as they exist norms on potentially dangerous animal, despite occurring analogous circumstances to those of those countries that have adopted measures specific in the matter. For this reason, with the purpose of to guarantee suitably the public security, attributed to the State by virtue of had in the article 149.1.29ª the Constitution, notwithstanding the competitions, that, in agreement with his Statutes, they have given the Independent Communities, in the matter of protection of people and goods and maintaining the order public, one becomes precise to regulate the conditions for animal possession that can indicate certain aggressiveness towards the people by a modification of their conduct because of the received training and to the environmental conditions and of handling that they are put under on the part of his proprietors and criadores. In this way, the present Law approaches the animal possession potentially dangerous, matter object of municipal norms essentially, whose regulation at state level considers because the proliferation of the wild animal possession advisable in captivity, in deprived addresses or enclosures, constitutes a potential danger for the security of people, goods and other animal. On the other hand, diverse attacks to people, carried out by dogs, have generated a social restlessness climate and they force to establish a regulation that allows to potentially control and to delimit the regime of possession of dogs dangerous. It is considered that the canine danger depends as much on environmental factors like of genetic factors, of the selection that becomes of certain individuals, independent of the race or of the mestization, and also of which they are specifically selected and trained for the attack, the fight and to infer damages to third parties. Thus, dogs of races that of subjective form could be catalogued as “dangerous” they are perfectly apt for the pacific coexistence between the people and the other animal, including its same types, whenever they have been obstinate to them adapted you rule of behavior and that the selection practiced in its raising has intended the minimisation of its aggressive behavior. Starting off of this premise, the concept of potentially dangerous dog expressed in the present Law one does not talk about to which they belong to a race determined, but to the canine units including within a racial typology it makes specific and that by their morphologic characteristics, their aggressiveness and its attack, is used for the attack or the fight, as well as the animal been born from interracial crossings between anyone of these and with anyone of other dogs. In any case, and being these dogs enrolled in any genealogical book recognized by the Ministry of Agriculture, Fishing and Feeding, since they are not of pure race but coming from the indiscriminate mestization, the characteristics in depth of all of them they will not be made specific of prescribed form so that they can be famous like potentially dangerous. By all this, with the purpose of to diminish the risks of future annoyances and attacks human beings, and to other animal same types or other species that in some cases have entailed their death, it becomes necessary to regulate the regime of possession of the considered animal potentially dangerous, and to limit, also, unsuitable practices of training for the fight, or the attack and others activities directed to the promotion of its aggressiveness.

CHAPTER I

General dispositions Article 1. Object 1. The present Law intends to establish the norm applicable to the potentially dangerous animal possession to make it with the security of people and goods compatible and other animal. 2. The present Law will not be of application to the dogs and animal pertaining to the Armed Forces, Forces and Bodies of Security of the State, Bodies of Police of the Independent Communities, Local Police and companies of security with official authorization. 3. The present Law will be applied notwithstanding the established thing in the effective legislation in the matter of protected species.

Article 2. Definition 1. With generic character, animal are considered potentially dangerous all that, belonging to the wild fauna, being used like animal domestic, or of company, regardless of his aggressiveness, they belong a species or races that have capacity to cause to the death or injuries to people or to other animal and damages to the things. 2. Also they will have the domestic qualification of potentially dangerous, animal or of company that prescribed is determined, in particular, the pertaining ones to the canine species, including within a racial typology, that by their aggressive, so large character or power of jaw has capacity to cause to the death or injuries to the people or other animal and damages to the things.

Article 3. License 1. The possession of any animal classified like potentially dangerous under protection of this Law it will require the previous obtaining of an administrative license, that will be granted by the City council of the municipality of residence of the applicant, or, with previous certainty in this City council, by the City council in whom the activity of commerce or training is realised, once verified fulfillment of, at least, the following requirements: a) To be of legal age and not to be disabled to provide the cares necessary to the animal. b) Not to be condemned by crimes of homicide, injuries, tortures, against the freedom or moral integrity, the sexual freedom and the public health, of association with armed band or drug trafficking, as well as absence of sanctions by infractions in the matter of potentially dangerous animal possession. c) Certificate of psychological aptitude. d) Accreditation of to have formalized an insurance of civil responsibility by damages to third parties that can be caused by their animal, by the minimum quantity that prescribed is determined. This rule will be developed prescribed. 2. The Independent Communities and the local Corporations will be competent according to the respective Statutes of Autonomy and basic legislation of application to dictate the development norm.

Article 4. Commerce 1. The import or entrance in national territory of any animal that will be classified like potentially dangerous under protection of this Law, as well as their sale or transmission by any title will be conditional to that as much the importer, salesman or transmitter like the purchaser they have obtained the license to that the previous article talks about. 2. The potentially dangerous animal entrance coming from the Union European it will have to adjust to the predicted thing in the present Law, notwithstanding established in the communitarian norm. 3. The potentially dangerous animal introduction coming from third parties countries will have to take place in accordance with arranged in Treaties and the International treaties that are to him of application and to adjust to the arranged thing in the present Law. 4. The operations of transaction, crossing, donation or any other that it supposes change of titling of potentially dangerous animal will require fulfillment of, at least, the following requirements: a) Existence of effective license on the part of the salesman. b) Previous obtaining of license on the part of the buyer. c) Accreditation of the up-to-date sanitary record. d) Inscription of the transmission of the animal in the Registry of the authority competent in regard to the place of residence of the purchaser within fifteen days from the obtaining of the corresponding license. 5. All the establishments or associations that lodge animal potentially dangerous to that the present Law talks about, and they are dedicated to his operation, raises, commercialization or training, including the centers of training, deposits, recreational centers of collection, residences, centers and sale establishments will have to obtain for their operation the authorization of the competent authorities, as well as to fulfill the registry obligations anticipated in article 6 of this Law. 6. In those operations of import, export, transit, transport or anyone of the anticipated ones in the previous sections that do not satisfy legal the requirements or prescribed established, the competent Administration will be able to come to the seizure and deposit from the animal until stabilisation from this situation, notwithstanding the sanctions that will be able to fall. 7. When the operations described in the previous sections talk about a animal including in the protected classifications of species, will be to them, in addition, of application the corresponding specific legislation.

CHAPTER II

Obligations of the proprietors, criadores and possesors

Article 5. Identification The proprietors, criadores or possesors of the animal to that one talks about present Law will have the obligation to identify and to register to the same in the form and by means of the procedure that prescribed is determined. In the case of animal of the canine species the identification, with the due one guarantee, is obligatory without exceptions.

Article 6. Registries 1. In each municipality or competent organ an Animal Registry will exist Potentially Dangerous classified by species, in which necessarily they will have, at least, to consist the personal data of the possesor, the characteristics of the animal which they make his identification possible and the habitual place of residence of the same, specifying if he is destined to coexist with the human beings or if on the contrary it has different purposes as the guard, protection or other than it is indicated. 2. The obligation is incumbent on the holder of the license to ask for the inscription in the Registry to that the previous number talks about, within the fifteen days following to the date in which it has obtained the corresponding license of the Administration competent. 3. In each Independent Community a computerized Central Registry that could be consulted by all the public Administrations and competent authorities, as well as by those physical or legal people will be constituted who credit to have legitimate interest in the knowledge of the obrantes data in the same. To this end it will be considered, in any case, legitimate interest the one that any physical person shows or legal that wishes to acquire an animal of these characteristics. 4. Any incidents produced by potentially dangerous animal throughout their life, known by the administrative or judicial authorities, will be pointed out in the registry leaf of each animal, that will close with its death or sacrifice certificate by veterinarian or competent authority. 5. The sale, crossing, donation, robbery, death or loss of the animal will have to communicate to the municipal Registry, becoming to consist in its corresponding registry leaf. 6. The transfer of a potentially dangerous animal of an Independent Community to another one, it is with permanent character or per period superior to three months, it will force his proprietor to carry out the opportune inscriptions in the corresponding ones Municipal registries. In any case the use and treatment of the data contained in the Registry will be agreed to the arranged thing in Statutory law 5/1992, of 29 of October. 7. In the registry leaves of each animal it will be pointed out also the health certificate animal sent by the competent authority, that credits, with annual regularity, the sanitary situation of the animal and the non existence of diseases or upheavals that make it especially dangerous. 8. The authorities responsible for the Registry will notify immediately to competent administrative or judicial authorities, any incidence that, where appropriate, consists in the Registry for its valuation and adoption of precautionary or preventive measures. 9. The breach by the holder of the animal of the preceptuado thing in this article will be object of the corresponding administrative sanction, in accordance with the arranged thing in article 13 of the present Law.

Article 7. Training 1. It is prohibited the animal training directed a exclusively to increase and to reinforce its aggressiveness for the fights, and attack against arranged in this Law. 2. The training for guard and defense will have to take place by trainers that they are in possession of a certificate of qualification issued or accredited by the competent administrative authority. 3. The trainers in possession of the qualification certificate will have to communicate quarterly to the Central Registry computerized the nominal relation of clients who have made train a potentially dangerous animal, with determination of the identification of this one, having to write down this circumstance in the Registry, the registry leaf corresponding to the animal and indicating the type of received training. 4. The qualification certificate will be granted by the Administrations autonomic, considering, at least, the following aspects: a) Antecedents and credited experience. b) Purpose of the possession of these animal. c) Availability of facilities and lodgings adapted from the point of hygienic view, of protection animal and citizen security. d) Suitable qualification of the trainers considering the requirements or degrees that can be established officially. e) To be of legal age and not to be disabled. f) Lack of criminal records by homicide crimes, injuries, tortures, against the freedom, or moral integrity, the sexual freedom and the public health, of association with armed band or drug trafficking, as well as absence of sanctions by infractions in the matter of potentially dangerous animal possession. g) Certificate of psychological aptitude. h) Commitment of fulfillment of norms of handling and communication of data.

Article 8. Sterilization 1. The sterilization of the animal to that the present Law talks about could, where appropriate, be carried out of voluntary form at the request of the holder or possesor of the animal or obligatorily by mandate or resolution of the administrative authorities or judicial authorities, and will have to be, in any case, registered in the corresponding registry leaf of the animal. 2. In the cases of transmission of the ownership, the transmitter of the animal will have, where appropriate, to provide to the buyer or receiver of the same the veterinary certification of which the animal have been sterilized. 3. The sterilization certificate will have to credit that this operation has been conducted under veterinary supervision, with previous anesthesia and the due ones guarantees of which to pain or unnecessary suffering to the animal was not caused.

Article 9. Obligations in the matter of citizen security and higiénicosanitarias 1. The proprietors, criadores or possesors will have to maintain to the animal that are under their safekeeping in suitable hygienic conditions and with the cares and necessary attentions in agreement with the physiological needs and own characteristics of the species or race of the animal. 2. The potentially dangerous animal proprietors, criadores or possesors will have the obligation to fulfill all the norms of citizen security, established in the effective legislation, so that they guarantee the optimal one coexistence of these animal with the human beings and annoyances are avoided to population.

Article 10. Dangerous animal transport The potentially dangerous animal transport will have to take place of conformity with the specific norm on well-being animal, being due to adopt the precautionary measures that the circumstances advise to guarantee security of the people, goods and other animal, during the times of transport and delay of load and unloading. Article 11. Exceptions When the circumstances advise therefore it, exceptions to the fulfillment of certain obligations of the proprietors in cases will be able to settle down of: a) Organisms deprived public or that uses these animal with a function social. b) Agrarian operations that use dogs of guard, defense and handling of cattle, as well as activities of cinegetic character, without the same can be dedicated, in any case, to the contemplated illicit activities in the present Law. c) Sport tests of work and with aims to the selection of the units that participate in the same and that authorized and are supervised by the competent authority, excluding the exercises for fights and attacks, according to the arranged thing in this Law. Article 12. Clubs of races and associations of criadores 1. The clubs of races and associations of criadores officially recognized to take genealogical books will have to demand, within the framework of their regulations, the tests of socialization corresponding to each race, in order that those animal are only admitted for the reproduction that pass those tests satisfactorily, in the sense of not indicating aggressiveness and, on the contrary, demonstrating qualities adapted for its optimal coexistence in the society. 2. In the exhibitions of canine races they will be excluded to participate those animal that demonstrate aggressive or dangerous attitudes. It will be certainty of these incidences in the registries of the clubs and corresponding associations and for the potentially dangerous dogs will have to communicate to the registries to that article 6 of the present Law on the part of the organizing organizations talks about.

CHAPTER III

Infractions and sanctions

Article 13. Infractions and sanctions 1. They will have the consideration of very serious administrative infractions following: a) To leave a potentially dangerous animal, of any species and any dog, being understood by left animal, as much that one that goes mandatorily identified, like that they do not take any identification on his origin or proprietor, whenever they do not go accompanied of person some. b) To have potentially dangerous dogs or animal without license. c) To potentially sell or to transmit by any title a dog or animal dangerous to who lacks license. d) To train animal to activate its aggressiveness or for prohibited purposes. e) To train potentially dangerous animal by that lack the qualification certificate. f) The organization or celebration of contests, exercises, exhibitions or potentially dangerous animal spectacles, or their participation in them, destined to demonstrate the aggressiveness of the animal. 2. The following will have the consideration of administrative infractions serious: a) To leave to small change a potentially dangerous animal or not to have adopted measures necessary to avoid its escape or deviation. b) To fail to fulfill the obligation to identify the animal. c) To omit the inscription in the Registry. d) To be the potentially dangerous in places public without muzzle or nonsubject dog with chain. e) The potentially dangerous animal transport with infringement of had in article 10 this Law. f) The refusal or resistance to provide data or to facilitate the information required by the competent authorities or their agents, in sequence to the fulfillment of functions established in this Law, as well as the provision of inexact information or false documentation. 3. The infractions typified in the previous sections will be able to take prepared as accessory sanctions the confiscation, seizure, sterilization or sacrifice of the potentially dangerous animal, the closing of the establishment and definitive the temporary suspension or of the license for animal possession potentially dangerous or of the certificate of trainer qualification. 4. They will have the consideration of slight administrative infractions, breach of anyone of the obligations established in the present Law, not included in numbers 1 and 2 of this article. 5. The infractions typified in previous numbers 1, 2 and 3 will be sanctioned with the following fines: - Slight Infractions, from 25,000 to 50,000 pesetas. - Serious Infractions, from 50,001 to 400,000 pesetas. - Very serious Infractions, from 400,001 to 2.500.000 pesetas. 6. The quantities anticipated in the previous section could be reviewed and updated periodically by the Government. 7. The exercise of the sanctioning power corresponds to the organs of Competent Independent and municipal communities in each case. 8. People in charge of the infractions to those who by action u will consider themselves omission will have participated in the commission of the same, to the proprietor or possesor of the animal or, where appropriate, to the holder of the establishment, the premises or means of transport in which the facts take place, and in this last assumption, in addition, to the one in charge of the transport. 9. The responsibility of anticipated administrative nature in this article, is understood notwithstanding the indispensable one in the routes penal and civil. 10. In the assumptions in that the infractions could be constituent of crime or lack, the competent authority will be able to decide the seizure the animal until the judicial authority provides about the same, having to give immediate transfer of the facts to the competent jurisdictional organ. Additional disposition first. Referring specific obligations to the dogs For the presence and circulation in spaces public of the potentially dangerous dogs, the use of strap or chain of less than two meters in length will be obligatory, as well as a muzzle accredited and adapted for its race. Additional disposition second. Trained certificate of qualification of The Independent Communities will determine, within six months, tests, courses or necessary accreditation of experience for the obtaining of certificate of trainer qualification. Additional disposition third. Exercise of the sanctioning power The sanctioning procedure will adjust to the principles of the power sanctioning contents in Law 30/1992, of 26 of November, Regime Legal of the Public Administrations and the Common Administrative Procedure, as well as to Real Decree 1398/1993, of 4 of August, that approves the Regulation for the exercise of the sanctioning power, notwithstanding the autonomic and municipal norms that are of application. Unique transitory disposition. Municipal registry The municipalities, within six months from the entrance in force of this Law, must have constituted the corresponding municipal Registry and to determine the form in that the present possesors of potentially dangerous dogs will have to fulfill the obligation of inscription in the municipal Registry and the mechanism of communication of discharges, losses and incidences to the computerized Central Registries of each Independent Community. Final disposition first. Competential title Articles 4 and 9,1 of the present Law have basic character, under protection of had in the article 149.1.13ª and 16ª the Constitution, that attributes to the State competition in the matter of bases and coordination of the general planning of the economic activity and bases and general coordination of the health. The remaining articles are dictated with the purpose of to guarantee suitably attributed public security to the State by virtue of had in the article 149.1.29ª the Constitution, notwithstanding the competitions that, in agreement with his Statutes, have given the Independent Communities, in the matter of protection of people and goods and public maintenance of order. Final disposition second. Qualification One authorizes the Government to dictate whichever dispositions are necessary for fulfillment and execution of the present Law. Final disposition third. Entrance in force The present Law will in force enter the day following to the one of its publication the “Government reporter of the State”.