Procedure for ownership of potentially dangerous animals
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Motivation
The motivation of this law is to regulate the conditions under which animals with any form of aggression may be held as to insure the safety and well-being of people and other animals.
Definition
Potentially dangerous animals are all those domesticated or companion animals, independent to their aggressivity, that belong to species or breeds that have the capacity to cause death or injuries to people or other animals and destroy objects (gardens, fencing etc.)
Also animals belonging to the canine species will be considered potentially dangerous if they belong to a specific breed, have an aggressive character or the mandibular capacity to cause death or injuries to people or other animals and destroy objects.
X - By legislation on the 22nd of march 2002 the following breeds have been appointed
| A |
Pitt Bull Terrier |
| B |
Staffordshire Bull Terrier |
| C |
American Staffordshire |
| D |
Rottweiler |
| E |
Dogo Argentino |
| F |
fila Brasileiro |
| G |
Tosa Inu |
| H |
Akita Inu | And all their crosses
XX - Also All dogs that have all or the majority of the following characteristics
| A |
Strong muscular development, powerful aspect, robust, athletic configuration, agility,stamina and resistance. |
| B |
Marked character and great bravura. |
| C |
Short hair coat. |
| D |
Thoracic perimeter between 60 and 80 cm,height between 50 and 70 cm. And weight over 20 kilo´s. |
| E |
Voluminous head, cuboid, robust, with a head that is broad, big, muscular and convex cheeks. Large and strong lower jaw, robust mouth,broad and wide. |
| F |
Wide muscular and short neck. |
| G |
Compact, wide, big, deep chest, curved ribs and short and muscular back. |
| H |
Front legs parallel, straight and robust, hind legs very muscular with relative large feet forming a moderate angle. |
XXX - All dogs that have manifested an aggressive character or who have shown aggression to people or other animals
Licence
To own a potentially dangerous animal you must first obtain a licence. The period in which you have to apply is within 3 months of the 22nd of March 2002. For this licence you must meet the following demands:
| 1 |
To be of age. (identity-passport or residence card, NIE nr) |
| 2 |
Have no criminal record. (Ministry of the Interior of your country of residence) |
| 3 |
Have a certificate of psychological capability and physical ability. (At the Centro de Medicos, as for a drivers licence) |
| 4 |
Have a liability insurance, which will cover 120.000 EUR. |
This licence can be obtained at the sanidad office in Marbella (above the restaurant La Pesceira) and will have a validity of 5 years after which you can again apply for a licence for the same period of time.
Any change in information must be reported within 15 days.
All persons involved in breeding / selling / transporting / training of potentially dangerous animals will have to acquire a special licence.
Registration
Once this licence is obtained the animals must comply to the following rules:
| 1 |
Identification and registration by microchip. |
| 2 |
A valid Vaccination book with yearly revaccinations. |
| 3 |
The animal must be inscribed in the register at the Ayuntamiento. This must be done within 15 days of obtaining the licence. The Register will keep all injuries inflicted by the animal on record. |
| 4 |
2 photographs of the dog. |
The law forbids any form of training that is meant to stimulate aggressive behaviour.
The law can voluntarily or obligatorily have the animal castrated or sterilized.
Exceptions are made for animals that have the explicit function of guard or police work.
Security Measures
Potentially aggressive dogs will only be allowed in public places under the following conditions:
| 1 |
The person handling the dog must have the licence and proof of registration with him/her. |
| 2 |
Obligatory use of a fitting muzzle. |
| 3 |
On a non-extendable lead of max. 2 meters. |
Potentially aggressive dogs that are on a finca, campo house, chalet, terrane, terrace, patio or ant other defined area must be tied up or be confined to an adequate kennel. Breeders, trainers and vendors of potentially aggressive dogs must take all the necessary precautions and installations to be allowed to handle them. If the animal is lost of given away it has to be reported by the owner (licence holder) to the registration office within 48 hours after realizing its disappearance.
Sanctions
The penalties on not complying with this law are:
| 1 |
LIGHT: 150,- to 300,- EUR |
| 2 |
SEVERE: 300,- to 2.400,- EUR |
| 3 |
VERY SEVERE: 2.400,- to 15.000,- EUR |
Severe
| A |
Letting potentially dangerous animals walk freely or not have taken enough precaution for the animal not to escape |
| B |
Not microchipping the animal |
| C |
Not inscribing the animal in the register |
| D |
Having the animal in a public area without a leash or without muzzle |
| E |
Transporting animals without a licence |
| F |
Any in cooperation with authorities concerning this law |
Very Severe
| A |
To abandon a potentially dangerous animal (abandon means not accompanied) |
| B |
Having a dog or a potentially dangerous animal without a licence |
| C |
Selling or buying a potentially dangerous animal without a licence |
| D |
Training the animal to become more aggressive |
| E |
Training any potentially dangerous animal without a licence |
| F |
To organize or join any event of gathering of potentially dangerous animals with the intention of demonstrating the animals aggressivity |
Additional Rules
It is obligatory to have the potentially dangerous dog on a leash of less than 2 meters as well as a property fitted muzzle.
We at TRIPLE A believe that some remarks are ridiculous ... but it's the law! |
