In short |
Cannot hold these dogs : |
|
People
of less than 18 years ; Not to respect only one of these provisions constitutes an offence liable to 3750 euros fine and 3 months to prison. |
|
Regulation |
|
Prohibition : | |
Parking in the common parts of the apartment buildings. | |
Obligations : | |
Declaration
in town hall ; Anti-rabic vaccination ; Special certificate of insurance civil liability ; Port of the muzzle and held dog leaves some by a major person ; Certificate of Birth or pedigrée (Book of the French Origins (LOF)) which proves the membership of the dog to the race ; Chart of tattooing or microchip. |
|
Sanction : | |
Not to have to declare its dog in town hall: 750 euros of fine ; Not to present papers of the LOF implies the classification of the dog in 1st category. |
Extract of the law n° 99-5 of January 6, 1999 relating to the animals
dangerous and wandering and the protection of the animals |
|
Article 1er |
|
If an animal is likely, taking into account the methods of its guard, to
present a danger, for the people or the domestic animals, the mayor, of
his own initiative or at the request of any person concerned, can prescribe
with the owner or the guard of this animal to take measures to prevent the
danger. In the event of inexecution, by the owner or the guard of the animal, prescribed measurements, the mayor can, by decree, to place the animal in a discharge point adapted to the reception and the guard of this one. The expenses are the responsibility of the owner or the guard. If, at the end of a frank time of guard of eight working days, the owner or the guard does not present all the guarantees as for the application of prescribed measurements, the mayor authorizes the manager of the discharge point, after opinion of a veterinary surgeon elected by the direction of the veterinary services, either to make proceed to the euthanasia of the animal, or to have about it under the conditions envisaged to II article 213-4. The owner or the guard of the animal is invited to present his observations before the setting in?uvre of the provisions of this article. In the event of urgency, this formality is not required and the capacities of the mayor can be exerted by the prefect. |
|
|
|
Art. 211-1. |
|
The
types of dogs likely to be dangerous being the subject of the measurements
specific envisaged by articles 211-2 to 211-5, without damage of the provisions
of article 211, are divided into two categories : • first category : dogs of attack ; • second category : defense and watchdogs. A decree of and Minister the Minister of Interior Department for agriculture draws up the list of the types of dogs concerned with each one of these categories. |
|
Art. 211-2. |
|
I
- Cannot hold the dogs mentioned with the article 211-1 : II - Is punished three months of imprisonment and of 3 750 euros fine makes it hold a dog pertaining to the first or the second category mentioned in article 211-1, in infringment with enacted prohibition with the I of this article. |
|
|
|
I - For the people other than those mentioned in article 211-2, the detention of dogs mentioned in article 211-1 is subordinated to the deposit of one declaration to the town hall of the place of residence of the owner of the animal or, when it differs from that of its owner, of the place of residence of the dog. This declaration must be again deposited each time at the town hall of the new residence. II
- It is given receipt of this declaration by the mayor when y are joined
the parts justifying : |
|
|
|
I - Acquisition, the transfer on a purely free or expensive basis, except the cases envisaged with the third subparagraph of article 211 or the third subparagraph of article 213-7, the importation and the introduction on the metropolitan territory, in the overseas departments and the local authority of Saint-Pierre-and-Miquelon the dogs of the first category mentioned article 211-1 are prohibited. II - The sterilization of the dogs of the first category is obligatory. This sterilization gives place to a veterinary certificate. III
- The fact of acquiring, of yielding on a purely free or expensive basis,
except the cases envisaged with the third subparagraph of article 211
or the third subparagraph of article 213-7, of importing or of introducing
on the metropolitan territory, in the overseas departments and the local
authority of Saint-Pierre-and-Miquelon the dogs of the first category
mentioned in article 211-1 is punished six months of imprisonment and
15 000 euros fine. |
|
Art. 211-5. |
|
I - The access of the dogs of the first category to transport in commun runs, the public places except for the public highway and to the buildings open to the public is prohibited. Their parking in the common parts of the apartment buildings is also prohibited. II-
On the public highway, in the common parts of the apartment buildings,
the dogs of the first and the second category must be muzzled and held
leaves some by a major person. It is the same for the dogs for the second
category in the public places, the buildings open to the public III- A financial backer or a joint owner can seize the mayor in the event of dangerosity of a dog residing in one of the residences of which he is owner. The mayor can then carry out, if it considers it necessary, the application of measurements envisaged to article 211. |
|
Art. 211-6. |
|
I-
The raising of the dogs to corrosive is not authorized that within the
framework of the activities of canine selection framed by an association
approved by the Minister for the agriculture and the II-
The fact of drawing up or of making draw up dogs with corrosive or of
used, apart from the activities mentioned with the first subparagraph
of I is punished six months of imprisonment and 7 500 euros fine and complementary
sorrow of the confiscation of the dogs concerned. The fact, for an individual,
to carry on an activity of raising to corrosive without being titular
certificate of competence mentioned to I is punished six months of imprisonment
and 7 500 euros fine and complementary sorrow of the confiscation of the
dogs concerned as well as objects or materials which were used for raising.
|
|
Art. 211-7. |
|
The provisions of articles 211-2 to 211-6 do not apply to the services and units of the national police force, the armies, the gendarmerie, the customs and the public services of help, users of dogs. | |
Art. 211-8. |
|
The procedure of the contractual fine appearing in articles 529 to 529-2 and 530 to 530-3 of the code of penal procedure is applicable in the event of infringment to the provisions of articles 211-3 and 211-5. | |
Art. 211-9. |
|
Decrees in Council of State determine the methods of application of articles 211-1 to 211-6. | |
Article 3 |
|
I - The stipulation is licit tending to prohibit the detention of a dog pertaining to the first category mentioned to article 211-1 of the rural code. |
|
Article 4 |
|
It is inserted, in the heading of title II of book II of the rural code, after the words: "of the domestic animals", words: "and savages tamed or held in captivities". | |
Article 5 |
|
The
mayors prescribe that the wild animals of species tamed or held in captivities,
found wandering and who are seized on the territory of the commune, are
led to a discharge point indicated by them. These animals are maintained
there with the expenses of the owner or the guard. The owners, tenants,
farmers or sharecroppers can seize or make seize by a member of the police
force, in the properties of which they have the use, the animals of species
wild tamed or held in captivities, escaped with their guard or that this
one lets digress. The seized animals are led to a discharge point indicated
by the mayor. They are maintained there, if necessary, with the expenses
of the owner or the guard. With the exit of a frank time of eight working days guard instead of indicated deposit, if the animal were not claimed by its owner near the mayor of the commune where the animal was seized, it then is regarded as given up and the mayor can yield it or, after opinion of a veterinary surgeon, do it euthanasier. |
|
Article 6 |
|
The
mayors make all provisions suitable to prevent the divagation of the dogs
and the cats. They can order that these animals are held leaves some and
that the dogs are muzzled. They prescribe that the wandering dogs and cats
and all those which would be seized on the territory of the commune are
led to the fourrière, where they are kept during the time allowed
at articles 213-4 and 213-5. The owners, tenants, farmers or sharecroppers can seize or make seize by a member of the police force, in the properties of which they have the use, the dogs and the cats which their Masters let digress. The seized animals are led to the fourrière. A decree as a Council of State determines the methods of application of this article. |
|
The field of application of the law |
|
It is advisable to recall that the above mentioned provisions concern
the owners and holders of the only dogs enumerated by the interministerial
decree of 27 April 1999 published with the Official "
Boerbulls " : "
Tosa " : Dogs
of the second category, "defense and Watchdogs" : |