Control of Dogs Act 1986

Stray dogs.

11

11. (1) A dog warden shall take all reasonable steps to seize and detain any dog that appears to him to be a stray dog and he may enter any premises (other than a dwelling) for the purposes of such seizure and detention.

(2) A member of the Garda Síochána may seize and detain any dog that appears to him to be a stray dog and he may enter any premises (other than a dwelling) for the purposes of such seizure and detention.

(3) Whenever a member of the Garda Síochána seizes or detains a dog pursuant to subsection (2) of this section, he may deliver the dog to the local authority in whose functional area the dog was found.

(4) Whenever a stray dog is seized or detained pursuant to this section by a dog warden or a member of the Garda Síochána, the local authority or, as the case may be, the Superintendent of the Garda Síochána shall give notice to the owner or other person in charge of the dog, if the name of such owner or other person is known to it or him or can be readily ascertained, that the dog has been seized and detained and that the dog will be disposed of, or destroyed, after five days from the date of the giving of the notice, if such dog is not claimed and all expenses relating to its seizure and detention are not paid by the owner or, as the case may be, the person in charge of the dog.

(5) If any person claims a dog which has been seized and detained pursuant to this section, the local authority or the Superintendent of the Garda Síochána shall give the dog to such person if such person—

( a) satisfies the local authority or the Superintendent of the Garda Síochána, as the case may be, that he is the owner of the dog or has been authorised by the owner to claim the dog,

F11 [ ( b ) makes a declaration in the prescribed form stating that, either (as the case may be), he is such owner or has been so authorised to claim the dog and produces, for inspection by the local authority or the Superintendent of the Garda S í och á na, a dog licence relating to the dog or a general dog licence issued either before or after the commencement of section 2 of the Control of Dogs (Amendment) Act, 1992, and (if issued after such commencement) relating to the premises where the dog is kept, and ]

( c) pays the amount of the expenditure incurred by the local authority or by the Garda Síochána in respect of the seizure and detention of the dog.

(6) Whenever a stray dog is seized or detained pursuant to this section by a dog warden or a member of the Garda Síochána, the local authority, or as the case may be, the Superintendent of the Garda Síochána shall cause an entry to be made in the register required to be kept under section 14 of this Act.

(7) Five days following the making of an entry in the register pursuant to subsection (6) of this section, or following the giving of a notice pursuant to subsection (4) of this section, whichever is the later, the local authority, or the Superintendent of the Garda Síochána, as the case may be, if no person has been given the dog pursuant to subsection (5) of this section and paid all expenses relating to its seizure and detention, may, subject to subsection (8) of this section, dispose of the dog or arrange for its destruction in a humane manner.

(8) A local authority or a Superintendent of the Garda Síochána, as the case may be, shall not dispose of a dog pursuant to subsection (7) of this section for the purposes of animal experimentation.

(9) A local authority may, before disposing of a dog under this section, sterilise, or arrange to have sterilised, the dog.

(10) Where a local authority or a Superintendent of the Garda Síochána disposes of a dog under this section, the person to whom the dog is given shall become the owner of the dog and the title of its previous owner shall thereupon become extinguished.

(11) In this Act “ stray dog” includes any dog which appears to be unaccompanied by a person unless such dog is on the premises of its owner or of some other person who has the dog in his charge or of any other person with that person’s consent.

(12) The Minister may, by regulations, vary the period of days specified in subsections (4) and ( 7) of this section.

Annotations:

Amendments:

F11

Substituted (1.02.1999) by Control of Dogs (Amendment) Act 1992 (13/1992), s. 5, S.I. No. 443 of 1998.

Editorial Notes:

E11

Power pursuant to section exercised (1.02.1999) by Control of Dogs Regulations 1998 (S.I. No. 442 of 1998), in effect as per reg. 2.

E12

Previous affecting provision: power pursuant to section exercised (3.02.1987) by Control of Dogs Regulations 1987 (S.I. No. 30 of 1987); revoked (1.02.1999) by Control of Dogs Regulations 1998 (S.I. No. 442 of 1998), reg. 4 and sch. 1, in effect as per reg. 2.