PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

CHAPTER 169.

PREVENTION OF CRUELTY TO ANIMALS.

To prohibit and punish cruelty to animals.

[29th November, 1935.]

1. This Ordinance may be cited is the Prevention of

Cruelty to Aninials Ordinance.

2. In this Ordinance

'animal' means any bird, beast, fish, reptile or insect,

whether wild or tame;

'food officer' means any person appointed as such by the

Urban Council under section 2 of the Public Health (Food)
Ordinance ;

'Senior Veteinary Officer' includes any Veterinary Officer

authorized by the Governor to perform the duties of the Senior
Veterinary Officer under this Ordinance and also any assistant
veterinary officer;

'vessel' includes any, ship or boat or any other description

of vessel used in navigation.

3. (1) Any person who-

(a)cruelly beats, kicks, ill-treats, over-rides, overdrives, over-
loads, tortures, infuriates, or terrifies any animal or causes or
procures or, being the Owner, permits any animal to be so
used, or, by wantonly or unreasonably doing or omitting to
do any act causes any unnecessary suffering or, being the
owner, permits any unnecessary suffering to be so caused
to any aninial ; or

(b)being in charge of any animal in confinement or captivity or
in the course of transport from one place to another, neglects
to supply such animal with sufficient food and sufficient
fresh water; or

(c)conveys or carries, or causes or procures or, being the
owner, permits to be conveyed or carried, any animal in such
a manner or position or in a case, crate or basket of such
construction or such small dimensions as to subject it to
unnecessary pain or suffering; or





(d)loads any animal into or discharges any animal from
an), vessel Or railway truck on to another vessel or
railway truck or on to a wharf or on to the shore, or on
to any platform in such a way, or with such appliances
as to subject such animal to needless or avoidable
suffering, or

(e)causes, procures or assists at the fighting or baiting of
any animal, or keeps, uses, manages, or acts or assist
in the management of any premises or place for the
purpose, or partly, for the purpose, of fighting or baiting
any animal, or permits any, premises or place to be so
kept, managed or used, or receives, or causes or
procures any person to receive, money, for the
admission of any person to such premises or place; or

employs, or causes or procures or, being the owner,
permits to be employed, in any work or labour any
animal which, in consequence of any disease, infirmity
wound or sore, or otherwise, is unfit to be so employed;
or

(g) brings into the Colony, or drives, carries, transports,
removes, or has or keeps, or knowingly suffers to be
had or kept under his control or on his premises, any
animal in any way, which may cause it needless or
avoidable suffering,

shall be liable on summary conviction to a fine of one thousand
dollars and to imprisonment for six months.

(2) For the purposes of this section, an owner shall be
deemed to have permitted cruelty if he shall have failed to
exercise reasonable care and supervision in respect of the
protection of the animal therefrom : Provided that where an
owner is convicted of permitting cruelty within the meaning of
this Ordinance by reason only of his having failed to exercise
such care and supervision, he shall not be liable to imprisonment
without the option of a fine.

(3) Nothing in this section shall apply to the commission or
omission of any act in the course of the destruction, or the
preparation for destruction, of any animal as food for mankind,
unless such destruction or such preparation was accompanied by
the infliction of unnecessary suffering.





4. (1) Any Senior Veterinary Officer, food officer or police
officer may arrest without warrant any person who he has
reason to believe is guilty of an offence against section 3 or
against any regulation under this Ordinance, whether upon his
own view thereof or upon the complaint and

information of any other person. Any such other person
shall declare his name and place of abode to any such officer.

(2) Any animal, conveyance or article concerning or by
which any such offence has been committed may be seized
by any such officer and taken to a police station or to any
convenient place, and there kept, unless given up sooner by
order of a magistrate, until the charge is decided in due course
of law.

(3) Any such officer may stop in any street or public place
and examine any animal in respect of which he suspects that an
offence has been committed under section 3.

(4) Any such officer may enter and search any building or
vessel in or on board of which such officer may have reason to
suspect that any offence against any of the provisions of this
Ordinance or of any regulation made thereunder is being or has
been committed.

5. (I) When any person has been convicted of an
offence under section 3 or of any regulations made under this
Ordinance, the magistrate may order that any animal in respect
of which the offence has been committed-

(a) shall not be used; or

(b)shall be removed to and detained in such place and for
such time as is stated in the order.

(2) Any order that an animal shall not be used or he detained in
any, place may, instead of stating any period of direct that the
shall not be used or shall be detained until it recovers, and such
shall not be used or shall be detained, as the case may be, until a
Senior Veterinary Officer certifies in writing that it may properly
be used or released.

(3) If any animal has been taken to any place in pursuance
of an order made under this section any person who has been
convicted of an offence in respect of such





animal shall be liable to pay the prescribed fees for its
maintenance and treatment for so long as it shall, remain therein,
and such fees may be recovered as a fine : Provided that, if the
owner of any such animal shall request the officer in charge of
the animal to destroy it, such officer
shall forthwith cause the animal to be destroyed, and no fees
shall be payable in respect of the maintenance or treatment of
such animal for any time subsequent to such request.

(4) Any person who acts in contravention of any order
made under this section shall be liable on summary conviction to
a fine of one thousand dollars and to imprisonment for six
months.

6. Any magistrate, Senior Veterinary Officer, food officer,
Governnient Medical Officer, or police officer not below the
rank of sub-inspector who has satisfied himself by personal
inspection

(a)that an animal is so severely injured that it is cruel to
keep the animal alive or

(b)that an animal is so severely injured or in such a
physical condition that in his opinion, having
regard to the means available for removing the
animal, there is no possibility of removing it
Without cruelty and that it is cruel to keep it alive,
may by order in writing direct such animal to be destroyed,
and such order may forthwith be carried out by or under
ihe direction of such officer or of any police officer
Provided that if any such animal is in any house, stable,
shed or enclosure proper for such animal and not in a
street or other public place, no such order shall be made
until the owner of the animal (if present) or the person
in charge thereof (if any) has been informed of the state
of the animal.

7. No compensation shall be payable to any person in
respect of the destruction of any animal in pursuance of an
order made under section 6, or in compliance with a request as
provided in subsection (3) Of section 5, by any person
professing to be the owner of such animal, provided in the latter
case that the officer in charge of the animal in good faith
believed dial the person making ihe request was in fact the
owner.





8. (1) For the purpose of preventing cruelty the Governor in
Council may make regulations prescribing the

conditions under which animals may be kept in confinemerit in any
place, vessel or vehicle, including the licensing, construction and
proper sanitary maintenance of any such place and may by such
regulations prescribe offences and penalties therefor : Provided that no
penalty so prescribed shall exceed the sum of five hundred dollars or in
the case of a continuing offence the sum of fifty dollars for every day
during which the offence continues.

(2) The master of any vessel shall (in addition to the
actual offender) be deemed to be guilty of any contraven-
tion of any regulation which mayoccur while he is on
board his ship and shall be liable to bc proceeded against

and punished accordingly. [8 & 9]
44 of 1935. 16 of 1939. 22 of 1950. Short title. Interpretation. (Cap. 140). Penalty for cruelty to animals. 22 of 1950, Schedule. Power of arrests, seizure entry and search. Orders by magistrate. 22 of 1950, Schedule. Power to order destruction of animals. Compensation not payable. Power to make regulations. 16 of 1939, s. 2. 22 of 1950, Schedule.

44 of 1935. 16 of 1939. 22 of 1950. Short title. Interpretation. (Cap. 140). Penalty for cruelty to animals. 22 of 1950, Schedule. Power of arrests, seizure entry and search. Orders by magistrate. 22 of 1950, Schedule. Power to order destruction of animals. Compensation not payable. Power to make regulations. 16 of 1939, s. 2. 22 of 1950, Schedule.

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