Potentially Dangerous Animals

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POTENTIALLY DANGEROUS ANIMALS

 

Law 50/1999 on the Legal Regime on the Possession of Potentially Dangerous Animals , the Regulation implementing RD 287/2002, and Decree 145/2000  of Valencia’s Regional Government regulate the possession of potentially dangerous animals.

 

DEFINITIONS:

 

Potentially dangerous animals are generally considered to be any animal belonging to wildlife, being used as a pet or a companion, regardless of its aggressiveness, that is part of a species or breed with the ability to cause death or injury to people or other animals and harm to things.

 

Animals legally determined as companions or pet animals can also be qualified as potentially dangerous, especially animals belonging to the canine species, which, due to their aggressive nature, jaw size or strength, are able to cause death or injury to people or other animals and damage to things.

 

Decrees 287/2002 and 145/2000 have determined the following canine breeds and their hybrids as potentially dangerous:

 

American Staffordshire Terrier.

Staffordshire Bull Terrier.
Cade Bou or Perro de prey Mallorquin.

Fila Brasileiro or Brazilian Mastiff.

Perro de Presa Canario or Canary Mastiff.

Bullmastiff.

American pitbull terrier.

Rottweiler.
Pit bull terrier.

Dogue de Bordeaux or Bordeaux mastiff.

Tosa Inu.

Akita Inu.

Dogo Argentino.

Doberman.
Neapolitan Mastiff or Mastino

 

Dogs having all or most of the following characteristics will also be considered to be potentially dangerous:

 

  1. a) Strong muscles, powerful, robust appearance, athletic build, agility, vigour and endurance.
  2. b) Strong character and great bravery.
  3. c) Short hair.
  4. d) Thoracic perimeter between 60 and 80 centimetres, height at the withers between 50 and 70 centimetres and weight over 20 kg.
  5. e) Voluminous, cuboid, robust head, with a broad and large skull and muscular and puffed cheeks. Large and strong jaws, robust, wide and deep mouth.
  6. f) Wide, muscular and short neck.
  7. g) Solid chest, wide, large, deep, arched ribs and short, muscled back.

(h) Parallel straight and robust front legs, and very muscular hind limbs, with relatively long legs forming a moderate angle.

 

In any event, any canine species animals, even if they are not included in the previous section, showing a markedly aggressive character or having attacked people or other animals shall be considered to be potentially dangerous dogs.

 

In the case referred to in the above paragraph, the potential danger must be assessed by the competent authority based on objective criteria, either ex officio, or following a notification or complaint, upon report of a veterinarian, officer or college member, designated or authorised by the official or municipal competent authority. Article 3. Licence to possess potentially dangerous animals.

 

INFORMATION FOR THE OWNER OR CARER OF THE POTENTIALLY DANGEROUS DOG

 

The owners of these animals must be eligible for a municipal licence to keep potentially dangerous animals.

  1. The possession of any pet defined as potentially dangerous will require a prior administrative licence, granted by the Municipality of the applicant’s municipality of residence.
  2. To obtain the licence, interested parties must demonstrate they comply with the following requirements:
  3. a) Be of legal age.
  4. b) Have not been convicted of crimes of murder, injury, torture, crimes against freedom or against moral integrity, sexual freedom and public health, association with armed gangs or drug trafficking, and have not been deprived by judicial decision of the right to possess potentially dangerous animals.

(c) Have not been punished over the last three years for serious or very serious infringements with any of the ancillary sanctions provided for in Article 13.3 of Law 50/1999 of 23 December. However, having been punished with a temporary licence suspension shall not prevent the obtention or, where appropriate, renewal of the licence, provided that, at the time of the application, the previously imposed suspension penalty has been entirely complied with.

  1. d) Have the physical capacity and psychological aptitude to possess potentially dangerous animals.

(e) Have subscribed a liability insurance for personal and material damage to third parties, caused by potentially dangerous animals, covering no less than one hundred and twenty thousand euros (120,000.-€).

  1. Compliance with the requirements set out in paragraphs (b) and (c) of this paragraph shall be established by means of the negative certificates issued by the relevant registers.

 

  1. Compliance with the requirement of paragraph (d) shall be established by means of a psychophysical fitness report issued by medical personnel of authorised vehicle driver recognition centres in accordance with the regulations they are governed by. This report shall be issued after the required capacity and fitness tests have been passed in the terms laid down in Articles 4 and 5 of Royal Decree 287/2002 of 22 March implementing Law 50/1999 of 23 December, on the legal regime of the possession of potentially dangerous animals, and shall be in force as provided for in Article 7 of the aforementioned Royal Decree.

The cost of recognition and issuing of psychophysical fitness reports shall be borne by the persons concerned.

  1. The administrative licence for the possession of potentially dangerous animals shall be valid for a period of five years from the date of issue, and may be renewed, at the request of an interested person, by the competent municipal body prior to its end, for successive periods of equal duration. The licence shall terminate when the holder ceases to fulfil any of the requirements set out in paragraph 2. Any variation in the accredited data required to obtain the licence must be communicated by its holder to the City Council that issued it, within fifteen days from the date the variation occurs or, where appropriate, from the date it is known. The City Council must then make a record of this alteration in the corresponding Municipal Pet Register.
  2. Any judicial or administrative intervention, suspension or precautionary measure relating to an administrative licence in force constitutes a motive of refusal to issue a new licence or to renew the concerned licence, provided that such a measure has not reached its termination.

 

SECURITY MEASURES

Potentially dangerous dogs may transit on public roads, places or sites of general public use. The circulation of other potentially dangerous animals is prohibited.

Persons leading and controlling potentially dangerous dogs on public roads must be over 18 years of age and carry on them the administrative licence allowing them to own potentially dangerous animals, as well as the animal’s passport and accreditation of registration in the Municipal Register of potentially dangerous animals.

Potentially dangerous dogs are required to wear muzzles adapted to their typology in public areas.

It is compulsory they wear non retractable and unbreakable chains or leashes under 2 metres long, and no more than one dog can be walked per person.

Potentially dangerous animals, located on a farm, in a cottage, detached house, plot, terrace, patio or any other delimited place, shall be tied, unless a construction with an appropriate surface size, height and enclosure is available to protect people or animals that have access to or approach these places.

The animal’s abduction or loss shall be communicated by the owner to the Manager of the Municipal Register of potentially dangerous animals within a maximum period of forty-eight hours from the moment the owner becomes aware of the abduction or loss.