Control of Dogs Act 1986

Bye-laws.

17

F16[17.—(1) A local authority may make bye-laws relating to the control of dogs within its functional area.

(2) A bye-law under subsection (1) shall, subject to subsection (3), be made in accordance with, and read as if it was made under Part 19 of the Local Government Act, 2001.

(3) Section 27(1)(d) and section 30 shall apply in respect of a bye-law under subsection (1) and paragraphs (h) and (i) of section 199(3) of the Local Government Act, 2001, and sections 205 to 208 of that Act shall not apply in respect of such bye-law.

(4) Bye-laws under subsection (1) may, without prejudice to the generality of that subsection or of section 199(3) of the Local Government Act, 2001, make provision for all or any of the following matters:

(a) specify areas in such part of the functional area of the local authority as may be specified in the bye-laws in which the person in charge of a dog shall be required to keep the dog on a leash,

(b) specify areas in such part of the functional area of the local authority as may be specified in the bye-laws in which a dog, other than a dog being used by a blind person or by a person whose eyesight is so defective that the person is unable to find his or her way without guidance, shall not be allowed.

(5) Bye-laws made under this section shall not apply to a dog being used—

(a) in the execution of his or her duty by a member of the Garda Síochána, or

(b) for such other purpose as the Minister may prescribe.]

Annotations

Amendments:

F16

Substituted (10.07.2006) by Local Government Act 2001 (37/2001), s. 211(1), S.I. No. 361 of 2006.

Editorial Notes:

E16

Delegation of reserved functions under section restricted in certain circumstances (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), art. 6(1), in effect as per art. 2.

E17

Functions under section designated reserved functions and performable by elected council of a local authority or members of a joint body as provided (1.01.2002) bv Local Government Act 2001 (37/2001), s. 131 and sch. 14A part 3 item 105, S.I. No. 588 of 2001.

E18

Previous affecting provision: subs. 2(a) repealed (1.07.1997) by Litter Pollution Act 1997 (12/1997), s. 35(2), S.I. No. 213 of 1997; section substituted as per F-note above.

E19

Previous affecting provision: power to make bye-laws under section construed by Local Government Act 1994 (8/1994), s. 37(3)(c), not commenced; deleted (1.07.1997) by Litter Pollution Act 1997 (12/1997), s. 35(1)(a), commenced on enactment.

E20

Previous affecting provision: subss. (3), (4) repealed (1.01.1996 ) by Local Government Act 1994 (8/1994), s. 4(1) and sch. 1 part 1, S.I. No. 362 of 1995. Subs. (5) also repealed by same provision but repeal not commenced. Section substituted as per F-note above.