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.
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.
American pitbull terrier.
Rottweiler. Pit bull terrier.
Dogue de Bordeaux or Bordeaux mastiff.
Doberman. Neapolitan Mastiff or Mastino
Dogs having all or most of the following characteristics will also be considered to be potentially dangerous:
(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.
(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.
(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.-€).
The cost of recognition and issuing of psychophysical fitness reports shall be borne by the persons concerned.
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.
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