A fine of $200,000 and ten years in jail would be the penalty for the owner of a pit bull or other dangerous dog which mauls a victim to death if the new Dogs Control Bill 2013 is approved in its current form by Parliament. However, Government has agreed to make some adjustments to the bill and return to the House on Friday, after Diego Martin MP Colm Imbert raised some issues during Monday’s sitting of the House.
In presenting the “hybrid” legislation on Monday, Attorney General Anand Ramlogan said it would alter the Constitution and required the support of the Opposition to become law. Ramlogan told Parliament there were too many deaths caused by pit bulls and it was now “time for action.” The emphasis of the new legislation was on the owners of the dogs, he said, and it sought to ensure responsible dog ownership management.
Ramlogan said the Government changed its mind on earlier intentions to proclaim the Dangerous Dogs Act because of objections raised by the population. He said the Government listened to the public outcry against the legislation and decided that the act should be repealed. Passage of the Dogs Control Bill would effectively repeal the Dangerous Dogs Act, which sought to ultimately ban all dangerous dogs.
Ramlogan said the owners and others had spoken and the Government had listened. The Government also consulted with several organisations, he said, including the Association of T&T Insurance Companies (Attic), the Society for the Prevention of Cruelty to Animals (TTSPCA) and the Animal Welfare Network. He said the Government attempted to balance the right of the owners to have the dogs and the need to ensure the safety of citizens from attacks by the animals.
The bill provides for dogs to be electronically tagged so their owners can be identified; dogs must be registered and owners have to pay a licence fee for the dogs listed as Class A (pit bulls, Fila Brasileiro and Japanese Tossa). He said among the severe fines and penalties for owners and keepers include imprisonment starting from a year and fines from $1,500 to $50,000. Dangerous dog owners will be protected if someone is attacked while committing an offence.
From the bill
Class A dogs:
• If a Class A dog escapes, its owner is liable for any death, injury or damage it causes
• If the dog injures someone, its owner or keeper is liable to a fine of $100,000 and five years in prison.
• If the dog kills someone or causes their death, the owner or keeper is liable to a $200,000 fine and imprisonment for ten years.
• If the dog kills someone who was not provoking it or committing an offence, the court can order that the dog is seized and destroyed.
• Owners who abandon them are liable to a fine of $50,000 and imprisonment for a year.
• Must be trained by a certified trainer, or the owner is liable to a $50,000 fine and a year in prison.
• The owner must display signs to identify places where a Class A dog is kept, or face a fine of $10,000.
Class B dogs must be trained by a certified dog trainer if the authorities discover it has been dangerously out of control at least once. If not, the owner is liable to a $50,000 fine and a year in prison. Someone who without reasonable cause, incites a dog to attack someone else is liable—in addition to any other penalties incurred under the act—to a $25,000 fine and six months in prison.
However, they can defend themselves by proving the other person was committing or intended to commit a criminal offence.