As Christmas is only weeks away, and Santa tells me that lots of children have asked for puppies this year, I thought it wise to today review the law relating to the care and control of dogs in Bermuda.

Leash A dog must be on a leash at all times when in a public place. This includes National Parks, which have their own set of offences created by the Bermuda National Parks Regulations 1988. No leash shall be longer than three metres.

Beaches

No dog may be brought onto a public beach in a 'protected area' from April 1 until October 31. Contrary to popular belief, these 'protected areas' do not include every beach in Bermuda.

Neither should a dog annoy or disturb persons in such area. A Court would apply the test of the 'reasonable man' when considering whether this had been breached.

Roads

Some people take their dogs for a 'walk' using a scooter or bicycle. Whilst this seems to be acting against one's instinct for self-preservation, it is also an offence under the Road Traffic Act 1947.

Housing Conditions

The statutory requirements regarding housing for dogs are vague and there is some overlap with animal cruelty. The basic requirements are that a person must provide a dog with water, reasonable shelter against sun and rain, and the ability to move freely.

A person cannot keep an animal in conditions that constitute a menace to the health of other animals or of human beings. Offenders face a fine.

Bitches on heat

It is an offence to leave a bitch on heat in a place where a male dog can approach it unless for the purpose of breeding (for which a license is required). Offenders face a fine.

Control of a Dog

Whether a person has 'control' of a dog may be a cause for public concern but there is no specific offence in this area. It is possible however that if a dog escapes from someone who patently had little control over the dog and injury is caused, a claim in negligence may be sustained.

Injury or Damage caused by a dog

When a dog causes injury or damage it is not necessary to show what the DA quaintly calls a "previous mischievous propensity".

Neither is it necessary to prove that the defendant himself was mischievous. It is a defence however to show that the unreasonable behaviour of some person other than the keeper or person in charge caused the damage to result.

This means that if someone provokes a dog and is then attacked, the owner may not be liable.

If a dog causes death or injury to a person or a domestic animal the defendant is liable in damages unless he can show that the person or domestic animal was on his property (or the property of the person in charge) without his consent.

Dog owners should also have regard to civil liability (i.e. negligence) resulting from damage caused by their pets. In 1988 a young adult Rottweiler attacked two children.

The dog caused 'severe injury' to the right leg of one child and the Court ordered damages payable by the dog owner totalling $7,200.

Cruelty to Animals

The definitions in The Care and Protection of Animals Act 1975 are broad and clearly cover dog fighting, beating, general ill-treatment, or causing unnecessary suffering, along with many other matters.

These offences may be caused by acts of commission or omission and in the case of dog fighting also include people who manage or assist in the management of premises used for fighting.

Failure to provide suitable food and shelter is an offence. Abandonment and excessive confinement are also dealt with.

The Act provides wide ranging protection so that a duty is imposed upon any owner to take all reasonable care to ensure that an animal does not suffer pain, suffering or injury.

Stray Dogs

Most straying cases do not appear before a Court (unless the owner is a repeat offender). It is a defence to any prosecution that you took all reasonable precautions to prevent the dog from straying and that such straying took place without your knowledge and consent.

Members of the public may seize a straying dog and either return it to the owner; take it to the Department's kennels; a recognised society; or a police station.

Upon receipt of the dog the authority shall serve notice on the owner (if known) and the owner, upon collection, must pay a fee for its reasonable housing.

If the owner is not known or four days after a personal visit or service of a notice, the authority may give the dog to a new keeper who will receive ownership, or have the dog destroyed.

Excessive Barking/Noise

It is an offence if a dog repeatedly makes noises to the annoyance of the neighbourhood. Evidence of the problem must be collected in order to prosecute an owner when a dog causes a problem in this area.

The Dog Warden can advise what information is required. Upon receipt of a complaint the Department can notify the owner that there is a problem and seek to address its cause.

In the event that a Court finds someone guilty of an offence it may either order the destruction of the dog or make the keeper observe such requirements as it thinks fit.

Attorney Graham Wood is a member of the Telecommunications and Technology team at Appleby Spurling & Kempe. Copies of Mr. Wood's columns can be obtained on the Appleby Spurling & Kempe web site at www.ask.bm. Mr. Wood thanks his dog, Pequot, for her kind assistance with this article.

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.