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Delta State Pets Control and Responsible Ownership Law, 2024

Delta State 34 sections Full text

Text as published in Laws of Delta State (State e-Laws portal). Reproduced for reference. Verify against the Gazette before relying on it in court.


Preliminary
DELTA STATE PETS CONTROL AND RESPONSIBLE OWNERSHIP LAW, 2024
Section 1
1. Short Title and Commencement. This Law may be cited as the Delta State Pets Control and Responsible Ownership Law, 2024 and shall come into force on the day it receives the assent of the Governor.
Section 2
2. Interpretation. In this Law, unless the context otherwise requires: 'Bitten" means an act by which a Pet seizes, cuts or grips with its teeth so that the skin of a person has been wounded, pierced or scratched; "cat" means a small carnivorous mammal and the only domesticated species of the Felidae family; "Certificate of Vaccination" means a certificate issued to Pet Owners by a registered veterinary surgeon after administration of vaccine to the Pet; "Chief Veterinary Officer" means a veterinary officer appointed by the State Government charged with overall responsibility for matters related to animal health; "Commissioner" means the State Commissioner in charge of Agriculture and Natural Resources; "Court" means the Magistrates' Court of Delta State; ?Dog? means a common quadruped domestic animal belonging to the order of carnivora, scientifically known as Canis familiaris; "Euthanasia" means the process of painless death to Pets and other animals; "Impound" means to seize and hold in the custody of the law; "Licence Issuing Authority" means Local Government Councils; "Litter" means the number of puppies per Whelp; "Ministry" means the Ministry of Agriculture and Natural Resources; "Owner" means any person keeping, harboring or having charge, care or control of a Pet including his representatives; "Pets" for the purpose of this Law mean Dogs and Cats; "Pound" means a public enclosure for stray animals; "Post-Exposure Treatment" means rabies treatment administered after an exposure to rabies, which include local wound care, vaccination, with or without rabies immunizing agent; "Public Place" means any place open to the public like parks, malls, markets, streets, stadium, worship places, hotels, roadsides etc; "Quadruped" means a four-footed creature; "Rabies' means a highly fatal Zoonosis caused by a lyssa virus which is transmitted basically through the bite of an infected animal especially Dog and is characterized by muscle paralysis, hydrophobia and aerophobia, and other neurological manifestations; "Registered Veterinary Clinic" means veterinary establishment duly registered with Ministry of Agriculture and Natural Resources and Veterinary Council of Nigeria (VCN), and with a current Annual Premises Licence in accordance with Delta State Law on Regulation of Private Veterinary Premises, Cap R3, 2008 and Registration of Veterinary' Practicing Premises Registration Regulations, 2018 of the Veterinary Council of Nigeria (VCN); "Registered Veterinary Surgeon" means a scientist trained in the act of treating and management of animal health as well as animal welfare, and he or she is duly registered by the Veterinary Council of Nigeria (VCN); ?State? means Delta State of Nigeria; "Stray Pet" means a Pet that had left its Owner's place or premises, and no longer under the effective control of the Owner; "Vaccination" means administration of vaccine to an animal to prevent the manifestation of clinical signs of the targeted disease even when exposed to the causative agent; "Veterinary Council of Nigeria (VCN)" means to the corporate body of Government created by Law of the Federation of Nigeria responsible for registration of veterinary practitioners and regulation of veterinary education/practice in the country. "Whelp" means giving birth in Dogs; "Zoonosis" means diseases that can be transmitted to man by animals and vice versa.
Section 3
3. Licensing of Pets. (1) All Pets above six months of age must be licensed at the Local Government Council where the owner resides. (2) The licence shall be obtained on or before 31st Day of March each year from the Local Government Council upon the payment of a fee prescribed by the Local Government Council. (3) All unregistered Pets shall be categorized as "stray Pets" and shall be treated in the manner provided in section 9 of this Law. (4) Where an owner changes place of residence to another Local Government Area, the owner shall obtain a fresh licence from the new Local Government Council of residence upon proof of payment for the licence to the previous Local Government Council of residence. The licence issued by the previous Local Government Council shall be deemed to have terminated.
Section 4
4. Forms of Licence. Licences shall be in the form set out in the first schedule to this Law and shall expire on the 31st day of December in the year of issue.
Section 5
5. Issuance/return of badges/microchips. (1) Local Government Council(s) shall issue at a prescribed uniform fee, a suitable badge/microchip differing each year, bearing letters, numbers or other distinguishing marks to be secured to the collar or other harness of the Pet for which a licence is issued. (2) Badges/microchips issued under the provisions of subsection (1) of this Section shall be returned forthwith to the Local Government Council issuing same by the Owner of the Pets: (a) on the expiration of the licence; or (b) if the Pet dies during the validity of the licence.
Section 6
6. Register of Pet Owners. (1) A Local Government Council shall open a register and enter the name, address, phone number, National Identity Number and occupation of the Pet Owner in respect of which a licence is issued and particulars of the letters or other distinguishing mark of the badge/microchips issued thereof. (2) Where any Pet Owner so registered parts with the possession of such Pct to another person, the new Pet Owner must notify the Local Government Council concerned giving the particulars set out in subsection (1) of this Section and the register shall be updated accordingly in respect of the unexpired period for which the licence was issued.
Section 7
7. Power to inspect lincences. Licences shall be produced for inspection on demand being made by Authorised Officers of Local Government Council(s), a police officer or a veterinary officer.
Section 8
8. Responsibilities of Pet Owners. (1) Pets must be kept and reared in the Owner?s premises and duly controlled, and any residence or premises that habours Dog(s) must have a "Beware of the Dog(s)" sign post conspicuously displayed at its entrance. (2) An Owner must ensure his/her Pet(s) are not to be found in public places uncontrolled and without a collar or badge, and if any Pet defecates or vomits in a public place, the Owner must ensure that the mess is cleaned up immediately. (3) Pets must not be displayed for sale on the road and public places, they must be sold at pet shops where they are properly restrained or at breeding places with control facilities. (4) An Owner must ensure that Pet(s) are transported in properly secured cages and the content of each cage shall not exceed: (i) three (3) for Pets below six (6) weeks of age, (ii) two (2) for Pets between six (6) weeks and twelve (12) weeks of age, and (iii) one (1) for Pets above twelve (12) weeks of age. (5) Under this Law, Pets must be humanely treated. Inhumane treatments includes: any act which will inflict injury, pain, stress or cause unjustifiable death of a Pet. (6) Owner of a dead Pet shall take the responsibility of disposing the carcass properly either through deep burial or incineration. (7) An Owner of Pet shall not unleash his/her Pet on any person except for defence against attack or security breach. Where a Pet bites or injures a person without justification, the Owner shall take full responsibility for the treatment. (8) Pet Owners must report all cases of bite to the nearest veterinary clinic for assessment and close monitoring of the Pet by a certified veterinary surgeon for rabies while the person bitten shall be taken to a medical doctor for Post-Exposure Treatment.
Section 9
9. Impounding of stray Pets. (1) Stray Pets shall be impounded in the nearest pound for at least five (5) days to allow the Owner to claim it. (2) Upon expiration of the five (5) days period provided for in subsection (1) of this Section without any claim made by the Owner, such Pet shall either be sold or destroyed through euthanasia, provided that in every case where the Owner or the person who registered the Pet so impounded is known, he shall be notified immediately of the impoundment and the place of impoundment. (3) The money realized from the sale of unclaimed impounded Pet shall be paid into the relevant Government treasury. (4) Any person that comes forth to claim any stray Pet must show evidence of Ownership, and shall pay a fine of N10,000.00 (Ten Thousand Naira) and other sundry expenses incurred during the period the Pet stayed in the pound.
Section 10
10. Vaccination Programmes. (1) All Pet Owners must vaccinate their Pets annually against rabies and other related diseases in a registered Veterinary Clinic and a Certificate of Vaccination shall be duly issued by a registered Veterinary Surgeon, which shall expire one year from the date of issuance. (2) Administration/sales of vaccines and issuance of certificates shall only be by a registered Veterinary Surgeon in conformity with the regulations of Veterinary Council of Nigeria (VCN) and Animals? Disease Control Act, 2022. (3) All Certificates of Vaccination used in both public and private Veterinary Clinics across the State must be obtained from the State Department of Veterinary Services, and shall be duly endorsed by the office of the State Chief Veterinary Officer, and it shall be in the form set out in Schedule 2 of this Law. (4) (a) All Pets designated for work by any security company must be: (i) licensed by the Local Government Council according to the provisions of part 2 of this Law; (ii) duly certified free of any diseases such as rabies, leptospirosis, hepatitis, etc. and fit to engage in such activities by the State Chief Veterinary Officer. (b) The State Chief Veterinary Officer or his representatives shall issue a certificate which shall be renewable yearly. (c) The certificate referred to in subsection 4(b) of this Section shall be obtained at a fee of N10,000:00 (Ten thousand Naira) at any Government owned Veterinary Clinic across the State. (d) The certificate shall be in the form set out in Schedule 3 of this Law and shall expire after one year from the date of issuance.
Section 11
11. Licensing of Pet shops and Pets breeding business. (1) Pet shops and Pet breeders who breeds five (5) or more Litters a year, must be licensed by the State Department of Veterinary Services. (2) Notwithstanding subsection (1) of this Section, where the breeder produces fewer Litter per year, but it is for business purposes, such breeder must be licensed by the State Department of Veterinary Services. (3) Person(s) operating the business provided in subsections (1) and (2) of this section shall obtain a registration form for N5,000:00 (Five Thousand Naira), then pay a licence fee of N20,000:00 (Twenty Thousand Naira) which shall be renewable annually for N15,000:00 (Fifteen Thousand Naira). (4) The licence shall be in the form set out in Schedule 4 of this Law.
Section 12
12. Organisation of Pet shows and related events. (1) Organisers of Pet Shows or any related activity involving Pets must first seek and obtain clearance/certification from the State Veterinary Services Department. (2) All Pets involved in a Pet show or related activity must be certified free from rabies and other zoonoses by the State Veterinary Services Department. (3) The clearance/certification shall be in the form set out in Schedule 5 of this Law.
Section 13
13. Pets licensing/badge/micro chips offences. It is an offence for: (a) a Pet Owner to fail to obtain licence for his Pet annually from the Local Government Council and obtain badge/Microchip; (b) a Pet to be found in or upon any place other than private premises, without a badge/microchip valid in the area concerned; (c) a Pet to be found with a badge/microchip which has been issued in respect of another Pet or a badge/microchip having the appearance of a badge issued by any Local Government Council but not so issued; (d) a Pet Owner to give false particulars of himself and Pet to the Registrar at the licencing of his Pet; or (e) a Pet Owner or his/her representative to resist demand by Local Government Council?s authorized Officer, a police officer or a veterinary officer to inspect his Pet?s licence.
Section 14
14. Pet restraining/control offences. It is an offence: (a) for a Pet to bite anybody outside the premises where it is kept, and for an, Owner to fail to put a sign post with "Beware of the Dog(s)" written on the face of it and conspicuously displayed at the entrance of the Owner?s residence: (b) to keep Pets in premises where you have articles for trade as "Beware of the Dog(s)" sign post does not suffice in a business premises; (c) for a Pet Owner to let his Pet uncontrolled into the street, public places or abandon his/her Pet uncontrolled or without a leash in the street, public places or any place that constitutes threat to the human populace; or (d) for a Pet Owner to unleash his/her Pet on any individual, even out of provocation except for security reasons against an intruder(s).
Section 15
15. Cruelty to Pets. It shall be an offence for any person to treat Pets inhumanely as provided under Section 495 of the Criminal Code Law of Delta State.
Section 16
16. Pet bite/Victim management offences. It is an offence for: (a) a Pet Owner to refuse immediate medical assistance to a person bitten by his Pet, and bear the incurred medical expenses and other expenses related to the injuries sustained; (b) a Pet Owner to fail to report any case of Pet bite to the closest registered Veterinary Clinic for assessment and close monitoring of the Pet by a Certified Veterinary Surgeon for rabies.
Section 17
17. Public and environmental health offences. It is an offence for: (a) a pet to defecate or vomit in public places if the Owner fails to clean up the mess immediately; (b) a Pet Owner to fail to dispose properly the carcass of his dead Pet in accordance with the provisions of section 8 (6) of this Law; (c) a Pet Owner to fail to vaccinate his/her Pet against rabies and other killer diseases of Pet and obtain the Certificate of Vaccination which shall expire one year from the date of vaccine administration; (d) a Veterinary Surgeon (public or private) to issue a Certificate of Vaccination that is not obtained from the office of the State Chief Veterinary Officer; (e) any security company to operate with Pets without obtaining a health certification from the office of the State Chief Veterinary Officer; or (f) person who is not a registered veterinary surgeon or not under the supervision of veterinary surgeon to: (i) sell and administer vaccine to Pets; or (ii) sign and issue certificate of vaccination.
Section 18
18. Transportation of Pets. It is an offence to convey Pets in public transport system without adherence to the provisions of Section 8(4) of this Law.
Section 19
19. Sale of Pets and breeding business. It is an offence to: (a) sell Pets on the street and other public places; and (b) operate an unlicensed Pet shop or Pet breeding business.
Section 20
20. Organisation of Pet show and related events. It is an offence to: (a) organize Pet shows or any social activities involving Pets without clearance and certification from the State Veterinary Services Department; and (b) organize a Pet show or related event with Pet not certified by the State Veterinary Service Department.
Section 21
21. Penalties under Sections 13 and 14(1)-(3). Any person who contravenes or fail to comply with the provisions of Sections 13 and 14(1) - (3) of this Law, shall be liable on conviction to a fine not exceeding N50,000:00 (Fifty Thousand Naira) or to a term of imprisonment of not less than one (1) month and not exceeding three (3) months for first offence and to a fine of not less than N50,000:00 (Fifty Thousand naira) or to a term of imprisonment of not less than six (6) Months and not exceeding twelve (12) months for each subsequent offence.
Section 22
22. Penalties under Section 14(4). Any person who contravenes or fails to comply with the provisions of Sections 14(4) of this Law, shall be liable on conviction to a fine not less than N50,000:00 (Fifty Thousand Naira) or six months imprisonment or both fine and imprisonment.
Section 23
23. Penalties under Section 15. Any person who contravenes or fails to comply with the provisions of Section 15 of this Law, shall be liable on conviction to the penalty provided in Section 495 of the Criminal Code Law of Delta State.
Section 24
24. Penalties under Section 16. Every person who contravenes or fails to comply with the provisions of Sections 16 of this Law, shall be liable on conviction to the penalty provided in Section 21 of this Law.
Section 25
25. Penalties under Section 17. (1) Anyone who contravenes or fails to comply with the provisions of Section 17(1) - (3) of this Law, shall be liable on conviction to a fine of N20,000:00 (Twenty Thousand Naira). (2) Every person who contravenes or fails to comply with the provisions of Section 17(4) of this Law, shall be liable on conviction to a fine not exceeding N50,000:00 (Fifty thousand Naira) or to a term of imprisonment of not less than one (1) month but not exceeding three (3) months for first offence, and for subsequent offence, to a fine of not less than N50,000:00 (Fifty Thousand naira) or to a term of imprisonment of not less than six (6) Months but not exceeding twelve (12) months for each subsequent offence. (3) Any security company that contravenes or fails to comply with the provisions of Section 17 (5) of this Law, the directors shall be liable on conviction to a fine of N150,000:00 (One Hundred and Fifty Thousand Naira) each or two years imprisonment or both fine and imprisonment. (4) Any person who contravenes or fails to comply with the provisions of Section 17(6) of this Law, shall be liable on conviction to a fine of N150,000:00 (One Hundred and fifty Thousand Naira) or two years imprisonment or both fine and imprisonment.
Section 26
26. Penalties under Section 18. Any person who contravenes or fails to comply with the provisions of Section 18 of this Law, shall be liable on conviction to a fine of N50,000:00 (Fifty Thousand Naira) or six (6) months imprisonment or both.
Section 27
27. Penalties under Section 19. Any person who contravenes or fails to comply with the provisions of Section 19 of this Law, shall be liable on conviction to fine a of N100,000:00 (One Hundred Thousand Naira) or six (6) months imprisonment or both fine and imprisonment.
Section 28
28. Penalties under Section 20. Any person who contravenes or fails to comply with the provisions of Section 20 of this Law, shall be liable on conviction to a fine of N100,000.00 (One Hundred Thousand Naira) or six (6) months imprisonment or both fine and imprisonment.
Section 29
29. Special powers of a Court. (1) A court may, if satisfied on complaint made by any person that a Pet is dangerous or not kept under proper control, and after affording a hearing to Owner of such a Pet make an order directed to such Owner requiring that such Pet be kept under proper control or if proved to be dangerous, that such Pet be killed by euthanasia. (2) Every person who fails to comply with any Order made under the pro visions of subsection (1) of this Section, shall be liable on conviction to a fine of N20,000:00 or to imprisonment for three months, and the Pet in respect of which the Order was made be seized in any place and destroyed in such manner as the Court deems fit.
Section 30
30. Power to reward informer. A Court may, when imposing any fine under the provisions of this Law, award to the informer a sum not exceeding one-half of the fine recovered.
Section 31
31. Power to make regulations. (1) The Ministry may make regulations: (a) generally, for better execution of the purpose of this Law such as setting up taskforce for the enforcement of this Law; and (b) on matters relating to the review of all fees and charges provided for in this Law. (2) All resolutions/regulations concerning the purpose of this Law must be endorsed by the Commissioner.
Section 32
32. Disposal of fees and sums paid. Licence fees and all sums paid for the keeping of Pets and for medicines supplied for their use during detention or quarantine shall: (a) within an area in respect of which a Local Government Council is concerned, be credited to the revenue of such Local Government Council; and (b) elsewhere, be credited to the State revenue. Schedule 1 DELTA STATE PETS CONTROL AND RESPONSIBLE OWNERSHIP LAW, 2024 FORM OF LICENCE Serial No:?????????????????????????????????????????????????????????????????????????????????????????????? Date: Licence is hereby granted to............................................................................. Of.............................................................................................................................................................. ................................................................................................................................ to keep the Pet (or Pets) following [ set out a description of the Pet (or Pets) sufficient for identification, and against each the distinguishing mark of the badge provided for the Pet]. Amount Paid:............................................................................................ Naira. The Local Government Council..................................................................... Note: This licence expires on 31sT December, 20............ ? Signed: .................................??????????Officer's Name: ................................................... Schedule 2 DELTA STATE PETS CONTROL AND RESPONSIBLE OWNERSHIP LAW, 2024 Serial No:.................... MINISTRY OF AGRICULTURE AND NATURAL RESOURCES (DEPARTMENT OF VETERINARY SERVICES) P.MB. 5023, Asaba. Certificate of Vaccination under Delta State Pets Regulation Law, 20...... This is to show that the anima! with the data below has been vaccinated against (tick) RabiesCanine [ ]??????????Distemper Canine [ ]???????? Parvo Virus [ ] Canine Hepatitis [ ]??????Canine Leptospirosis [ ]??????Others (Name) ................ [ ] Clinic Name: ...................................................................................... Address:........................................................................................................ Clinic's Telephone Number:.......................................................................... Pet Owner's Name: ____________________________________________ Pet Owner's Address: ___________________________________________ Pet Owner's Phone Number: ____________ Email: _____________________ Name of Pet: _________________ Badge/MicrochipNumber: ____________ Species: ___________ Breed: _________ Colour: _________. Sex: _________ Age: __________ Vaccine Used(paste the label): __________ Batch Number: _____________ Route of Inoculation: ..................... Date of Next Vaccination: __/__/__ Date : ___/___/___ Signed :________________ Veterinary Surgeon/VCN No. Schedule 3 DELTA STATE PETS CONTROL AND RESPONSIBLE OWNERSHIP LAW, 2024 Serial No:................... MINISTRY OF AGRICULTURE AND NATURAL RESOURCES (DEPARTMENT OF VETERINARY SERVICES) P.MB. 5023, Asaba. Pet Health Status Certificate for Security Firms under Delta State Law on Pets Regulation,
Section 20
20...... Company's Name ................................................................................................ Address: ............................................................................................................ Telephone Number: ..................................................... Email Address: ..................................................... Name of Pet.......................................................................... Badge Mark ............................................. Breed: ........................................... Colour:........................................... Age: Vaccination Status: (tick the one with valid status) i. Rabies [ ]???????????????????????? ii. DDLHP [ ] Vet Surgeon Comment: .................................................................................... Validity Period: ..... /....... /............ to ............./............/.................... Issuance Date: ......................................................... Vet. Officer i/c Schedule 4 DELTA STATE PETS CONTROL AND RESPONSIBLE OWNERSHIP LAW, 2024 Serial No:................... MINISTRY OF AGRICULTURE AND NATURAL RESOURCES (DEPARTMENT OF VETERINARY SERVICES) P.MB. 5023, Asaba. Pet Shops and Pet Breeding Licence under Delta State Law on Pets Regulation, 20...... Date: ............................................... Name : ...................................................................................................................................... ................................................................................................................. Address: ...................................................................................................................................... ................................................................................................................. The licence is hereby granted to the above person/company and address to operate Pet Shop /Pet Breeding business. The licence expires on 31st December, 20.... .............................................................. Veterinary Officer i/c Schedule 5 DELTA STATE PETS CONTROL AND RESPONSIBLE OWNERSHIP LAW, 2024 Serial No: .................. MINISTRY OF AGRICULTURE AND NATURAL RESOURCES (DEPARTMENT OF VETERINARY SERVICES) P.MB. 5023, Asaba. Organization of Pet Show and Related Events Date: .......................... Name: ...................................................................................................................................... Address ...................................................................................................................................... ............................................................................................................................... Venue of Event: ...................................................................................................................................... Date of Event: ...................................................................................................................................... Time:............... to.......................... No. of Participating Pets:............................. This clearance/certification is hereby granted to the above person/company and address to organize Pet Show/Related Event ........................................................ Veterinary Officer i/c

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