All dogs must be microchipped within two years
Dog owners will have two years in which to microchip their animals, according to new legislation approved by the House of Assembly.
Under the Dogs Act 2008, passed ten days ago, all owners must ensure their dogs are microchipped. However, Government will give an 18-month to two-year deadline before it is an offence not to have the identification.
An Environment Ministry spokesman said: "The new Act will require the microchipping of all dogs. It has been policy to require microchips for all dogs being imported, being the subject of a multiple dog permit, being the subject of a breeding licence (both the dam and puppies), or being released from the custody of the Department.
"Currently, approximately 63 per cent of dogs in our database are microchipped. This will cause the remainder to be microchipped. The law permits the Minister to set a deadline for compliance with this requirement and we would expect at least 18-24 months leeway so that the vet practices and the Department will be able to meet the demand placed on them."
The Dogs Act 2008 also requires owners to report the death of a dog or its relocation overseas to the Department of Environmental Protection. It will also be an offence not to provide "proper identification of oneself, and to produce licence(s) when required to do so by an enforcement officer".
The Act also gives the Ministry discretion over the granting of a dog licence, with powers to inspect a potential owner's property to ensure it complies with regulations on proper care, such as a minimum 18 sq ft for the dog to move about, "reasonable shelter against the sun, wind and rain" and that any tethering chains do not have links thicker than a quarter inch. Government has also banned spiked collars.
The Environment Ministry spokesman said: "Until now, any person over the age of 18 could licence a dog simply by filling in an application form. The Department had no discretion whether or not to issue a dog licence. Now the Department will be given that discretion, so chronic offenders may be denied a licence to keep a dog."
The Dogs Act 2008 also introduces a ticketing system to bypass lengthy bureaucratic procedures for summary fines. Offenders will be able to plead guilty without the case going to court.
The Government spokesman said: "The new Act provides for a ticketing system, in which enforcement officers will be able to issue citations and have offenders pay out-of-court fines instead of preparing lengthy court files and consuming valuable court time for more minor offences."
The fines are: $250 for an unlicensed dog; $100 for failure to microchip your animal; $50 for failing to notify the Director of Environmental Protection of a death or moving overseas; $500 for obtaining a dog from an unlawful source; $50 for no licence tag; $500 for keeping an excessive number of dogs - more than two; $1,000 for unlicensed professional activity; $1,000 for unlicensed breeding; $200 for inadequate water, shelter and movement; $100 for a heavy chain; $500 for keeping a female dog for 'intended breeding'; $50 for an unleashed dog in a public place; $50 for using a spiked collar or harness; $500 for the laying of poison; $250 for the unlawful release of a dog from a trap; $100 for letting your dog stray; $50 for the soiling of someone's property; and $200 for 'frequent' barking and noise.
The Act also gives harsher penalties for offences brought before the courts. Those found guilty of an offence can be jailed for up to six months and fined up to $10,000. A second conviction "under the same provision" can lead to a fine of up to $20,000.
Enforcement officers are also empowered to collect payment of outstanding licence fees dating back three years. A breeding licence must be obtained prior to mating the dam-to-be and those convicted of illegal breeding or keeping more than two dogs without a licence will be disqualified from owning dogs for a period of time to be specified by the courts. Officers also have the power to seize these dogs and if a court orders their destruction, the owner will have to pay for the costs of destroying the dog.
The Government spokesman said: "Under section 13 of the new Act, dogs that are the subject of breeding without a permit, and excessive dogs on a premise without a permit are to be seized and the normal court procedure initiated.
"Upon conviction, the court may order the forfeiture or destruction of the dogs, and may order the person disqualified from owning dogs for a period of time.
"Furthermore, the court can order the convicted persons to pay 'reasonable expenses' incurred in destroying the dog."
He added: "But there is lots of discretion afforded the court."
The Act also gives provision to appeal an order for the forfeiture or destruction of a dog to the Supreme Court.
The Dogs Act 2008 also specifies the procedure for finding or seizing a stray dog. The Government spokesman said this aimed to "fill in the procedural gaps found in the current legislation".
Owners have four days in which to claim their dog otherwise the Director of Environmental Protection can "sell or give the dog to a person approved by the Director who shall thereby obtain a good title to the dog", or it can be destroyed "in a humane manner".
However, no dog will be sold or handed over "for the purposes of vivisection or any other form of experiment or research".