District Court Rules

ORDER 91

CONTROL OF DOGS

Definition

1. In this Order—

‘the Act’ means the Control of Dogs Act, 1986 (No 32 of 1986).

Prosecution of offences

2. (1) Proceedings in respect of an offence alleged under the Act may be brought, heard or determined at any sitting of the court for the court area wherein the offence is alleged to have been committed.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a summons that such proceedings are urgent, the summons may be issued for and the proceedings may be heard and determined at any sitting of the court in that district.

(3) An offence under the Act may be prosecuted by the local authority in whose area the offence is alleged to have been committed.

(4) Proceedings in respect of such an offence may be commenced by the issuing by the appropriate office of the District Court, on the application of the relevant local authority, of a summons in the Form 7, Schedule B. Such summons shall be served in accordance with the provisions of section 32 of the Act at least seven days or, where service is being effected by prepaid registered post, at least 21 days before the date of hearing of the summons.

(5) When service has been effected the original summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

Proceedings under section 22(1)(a)

3. (1) A complaint under section 22(1)(a) of the Act that a dog is dangerous and not kept under proper control may be made at any sitting of the court for the court area wherein the premises of the owner of the dog or, as the case may be, of the person in charge of the dog are situated.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of intention to make a complaint that the proceedings are urgent, such notice may be issued for and the proceedings may be heard and determined at any sitting of the court in that district.

(3) Such complaint shall be preceded by the issue and service of a notice in the Form 91.1, Schedule C upon the defendant (the person in charge of the dog) and, where the defendant is not the owner of the dog, also upon such owner. Service may be effected in accordance with the provisions of section 32 of the Act at least seven days or, where service is being effected by prepaid registered post, at least 21 days before the date of hearing of the complaint.

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

(5) The order of the court on hearing the complaint shall be in the Form 91.2, Schedule C. A copy of such order shall be given to the defendant and, where the defendant is not the owner of the dog, a copy of the order shall also be given to such owner.

Proceedings under section 25

4. (1) A complaint under section 25(1) of the Act that a nuisance has been created as a result of excessive barking by a dog may be made at any sitting of the court for the court area wherein the premises in which the dog, is kept are situated.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of intention to make a complaint that the proceedings are urgent, such notice may be issued for and the proceedings may be heard and determined at any sitting of the court in that district.

(3) Such complaint shall be preceded by the issue and service upon the occupier of the premises in which the dog is kept of the notice referred to in section 25(2) of the Act and which is prescribed in the Control of Dogs (No 2) Regulations, 1987 (SI No 59 of 1987). Service of the notice shall be effected in accordance with the provisions of section 32 of the Act.

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall forthwith be lodged with the Clerk.

(5) The order of the court on hearing the complaint shall be in the Form 91.3, Schedule C. A copy of such order shall be given to the defendant.

Search warrant (section 26)

5. (1) An application by a member of the Garda Síochána for the issue of a search warrant under section 26 of the Act may be made at any sitting of the court for the court district wherein the premises in which the dog is kept are situated.

(2) The application shall be by information on oath and in writing in the Form 91.4, Schedule C.

(3) The order of the court on granting the application shall be in the Form 91.5, Schedule C.

Application to remove disqualification (section 29)

6. (1) An application under section 27(1) of the Protection of Animals (Amendment) Act, 1965 (as substituted by section 29 of the Act) to remove a disqualification may be made at any sitting of the court for the court area wherein the disqualification order was made.

(2) Such application shall be preceded by the issue and service of a notice in the Form 91.6, Schedule C upon the local authority in whose area the offence, on conviction of which the disqualification order was made, was committed. Service may be effected in accordance with the provisions of section 32 of the Act at least 14 days before the date of hearing of the application.

(3) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

(4) The order of the court on hearing the application shall be in the Form 91.7, Schedule C.

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