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Dogs Act - Dogs (Control of Movement) Regulations

LAWS OF TUVALU
2008 REVISED EDITION

CAP. 44.15.1

DOGS (CONTROL OF MOVEMENT)
REGULATIONS

Arrangement of Regulations
Regulation

1 Citation
2 Scope
3 Interpretation
4 Licensed dogs to wear collar and leash
5 The number of dogs permitted
6 Seizure of stray dogs
7 Seizure and destruction of stray dogs
8 Control of use of poisons
9 Poisoned baits
10 Preservation of baits
11 Disposal of carcasses
12 Offences
13 Movement of dogs in certain circumstances to be an offence

Supporting Documents
ENDNOTES

DOGS (CONTROL OF MOVEMENT) REGULATIONS MADE UNDER SECTION 9 OF THE DOGS ACT

Commencement [1 June 2002]^[1]

1 Citation

These Regulations may be cited as the Dogs (Control of Movement) Regulations.

2 Scope

These Regulations shall apply to all islands in Tuvalu.

3 Interpretation

In these Regulations, unless the context otherwise requires — "abroad" means the arrival of a dog on a foreign going vessel or plane; "leash" means any restraining device, rope, cord, strap or chain that may be used to confine a dog.

4 Licensed dogs to wear collar and leash

The owner of a dog to whom a dog licence has been issued shall at his own expense cause such dog at all times —

(a) to wear a collar on which shall be affixed the registration label issued with such licence; and

(b) to wear a leash within the owner's compound or when in a public area, street or road.

5 The number of dogs permitted

No dwelling house shall own or register more than two dogs.

6 Seizure of stray dogs

Notwithstanding the generality of section 20 of the Act, any person who has reason to believe that any dog is a stray dog or where any person finds at large, at any time of the day or night —

(a) any dog, not wearing a collar or a leash, which is not under the charge and control of any person; or

(b) any dog, whether wearing a collar or not, which is suffering from a disease or neglect,

he may seize such dog and cause it to be handed over to the Failautusi ote Kaupule responsible for the seizure and destruction of dogs in whose area of authority the dog shall have been seized or by any person designated by him.

7 Seizure and destruction of stray dogs

(1) Notwithstanding the provisions of any law to the contrary the Failautusi ote Kaupule may take such measures including the use of poisons and any other means for the seizure and destruction of stray dogs.

(2) The Failautusi ote Kaupule in whose area of authority the dog shall have been seized shall publish by notice within three days of the method of destruction to be used and the period during which such method is to be used.

(3) Any notice required under this regulation shall be given by affixing it in one or more public or conspicuous places or situations in the area affected. Where such measures include the use of poison, the notice shall in addition to the forgoing be announced by radio on at least three different occasions before the taking of the measures referred to under this regulation.

(4) No compensation shall be payable to the owner of an animal destroyed in consequence of the exercise of the powers conferred by the provisions of this regulation.

8 Control of use of poisons

The Commissioner of Police shall have control of all measures taken for the destruction of dogs by poison.

9 Poisoned baits

(1) Poisons shall only be laid by authorised persons appointed by notice by the Commissioner of Police for the purpose of poisoning dogs.

(2) Any person who lays poisons otherwise than in accordance with the provisions of this paragraph, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50.

(3) Poisoned bait shall only be laid for the purpose of poisoning dogs between the hours of 8 p.m. on any one day and 5 a.m. on the following day.

(4) No poisoned bait shall be laid within a distance of 25 yards from the outside walls of any building used exclusively as a dwelling house.

(5) Every authorised person shall count and record the total number of poisoned baits in his possession immediately prior to every occasion upon which such baits shall be laid.

(6) All poisoned baits which shall not have been consumed before 5 a.m. on the morning following the laying thereof, shall be collected by the authorised person who laid them and shall be preserved in the manner provided for in regulation 10 or shall be disposed of in such a manner as the Commissioner of Police may direct.

10 Preservation of baits

(1) Every poisoned bait shall be kept in a locked container clearly marked in red so as to indicate that such container contains poisoned baits for the destruction of dogs.

(2) The Commissioner of Police and any other authorised person shall keep a register showing the total number of poisoned baits received by the Commissioner or such authorised person and the movement and final disposal of every bait.

11 Disposal of carcasses

The carcasses of all dogs poisoned in accordance with these Regulations shall be collected as soon as possible after the death of such dogs and shall be burnt and buried.

12 Offences

Any owner of a dog who fails to comply with the provisions of regulation 4 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 dollars.

13 Movement of dogs in certain circumstances to be an offence

Any person who, without prior written authority —

(a) from the Minister knowingly moves, or allows, causes or suffers to be moved, any dog from abroad; or

(b) from the Failautusi ote Kaupule in whose area of authority the dog shall have been seized knowingly moves, or allows causes or suffers to be moved, any dog from any island to any other island within Tuvalu,

shall be liable to a fine of $50.

NOTE: For the importation of dogs into Tuvalu see Part III (Special Provisions relating to Dogs) of the Importation of Animals Act.^[2]

ENDNOTES

¹ see LN 7/2002

^[2] Cap. 44.20