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DOG AND CAT MANAGEMENT ACT 1995 - SECT 50

DOG AND CAT MANAGEMENT ACT 1995 - SECT 50

50—Destruction and control orders

        (1)         A council or the Board may, in accordance with this Division, make an order of any of the following classes in relation to a specified dog:

            (a)         a Destruction Order;

            (b)         a Control (Dangerous Dog) Order;

            (c)         a Control (Menacing Dog) Order;

            (d)         a Control (Nuisance Dog) Order;

            (e)         a Control (Barking Dog) Order.

        (2)         A Destruction Order requires—

            (a)         the dog to be destroyed within the period specified in the order (but not less than one month after the date the order takes effect); and

            (b)         the dog, until destroyed, to be kept or detained at a place specified in the order (or at some other place subsequently approved by the council or the Board (as the case requires)).

        (3)         A Control (Dangerous Dog) Order requires—

            (a)         if the dog has not been desexed—the dog to be desexed within the period specified in the order; and

            (b)         if the dog has not been microchipped—the dog to be microchipped within the period specified in the order; and

            (c)         the dog, while on premises of which the person who is responsible for the control of the dog is the occupier, to be kept indoors or for the premises to be fenced so as to prevent the dog escaping from the premises; and

            (d)         the dog, at all times, to wear a collar that complies with the requirements of the Board (except while the dog is suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to the health of the dog); and

            (e)         the dog, except while confined to premises of which the person who is responsible for the control of the dog is the occupier—

                  (i)         to have a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and

                  (ii)         to be under the effective control of a person by means of physical restraint; and

            (f)         warning signs (complying with the requirements of the Board) to be prominently displayed at all entrances to premises where the dog is usually kept warning people that a dangerous dog is kept on the premises; and

            (g)         the dog or the person or both to undertake such approved training courses as may be specified in the order; and

            (h)         all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order.

        (4)         A Control (Menacing Dog) Order requires—

            (a)         if the dog has not been microchipped—the dog to be microchipped within the period specified in the order; and

            (b)         the dog, while on premises of which the person who is responsible for the control of the dog is the occupier, to be kept indoors or for the premises to be fenced so as to prevent the dog escaping from the premises; and

            (c)         the dog, at all times, to wear a collar that complies with the requirements of the Board (except while the dog is suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to the health of the dog); and

            (d)         the dog, except while confined to premises of which the person who is responsible for the control of the dog is the occupier—

                  (i)         to have a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and

                  (ii)         to be under the effective control of a person by means of physical restraint; and

            (da)         the dog or the person or both to undertake such approved training courses as may be specified in the order; and

            (e)         all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order.

        (5)         A Control (Nuisance Dog) Order requires—

            (a)         the dog, while on premises of which the person who is responsible for the control of the dog is the occupier, to be kept indoors or for the premises to be fenced so as to prevent the dog escaping from the premises; and

            (b)         the dog, except while confined to premises of which the person who is responsible for the control of the dog is the occupier, to be under the effective control of a person by means of physical restraint; and

            (c)         all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order; and

            (d)         the dog or the person or both to undertake such approved training courses as may be specified in the order.

        (6)         A Control (Barking Dog) Order requires—

            (a)         all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order; and

            (b)         the dog or the person or both to undertake such approved training courses as may be specified in the order.

        (7)         In this section—

"approved training course" means a training course approved for the time being by the Board for the purposes of this section.