by Carrie Jane Canniffe B.L., David Burke B.L., Barra Faughnan B.L.

Should you wish to print out the 14 chapters of the ISPCA Legal Document, click here to download this .zip fileShould

 

 

Section (1) of the Pounds (Provision and Maintenance) Act, 1935, defines the word pound as:-

 

 

"(A)ny enclosure, building, or premises constructed or adapted for the reception, maintenance, custody or safekeeping of chattels or of animals seized or taken under any legal process or lawful warrant or of animals found trespassing, wandering or straying or of chattels of which the owner is unknown or cannot be found".

 

This definition is very wide in its scope and includes a place of safe keeping for an animal where its owner cannot be found.

 

 

These are set down in Section 7 of 1911 Act (as substituted by Section 6 of the 1965 Act) as follows:-

 

"It shall be the duty of any person who impounds or confines, or causes to be impounded or confined any animal in any pound-

 

(a) if the animal is kept in the pound for a period exceeding three hours, to ensure that a sufficient quantity of wholesome drinking water is supplied for its use, and

 

(a) if the animal is kept in the pound for a period exceeding six hours, to ensure that a sufficient quantity of suitable food is supplied for its use not later than six hours after its admission to the pound and thereafter at intervals not exceeding twelve hours, as long as it remains in the pound."

 

 

If the animal has been left without food or water for a period in excess of six hours the person may take matters into their own hands, enter the premises and supply the animal therein.

 

 

 

"The reasonable cost of the food and water supplied to any animal impounded or confined in any pound shall be recoverable from the owner or other person responsible for the purpose of supplying the animal therewith."

 

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"An animal or chattel shall not be impounded in any place other than the nearest pound provided by a local authority under the pounds (Provision and Maintenance) Act, 1935, except where an assault is threatened or made on the person impounding the animal or where a rescue of the animal or chattel is threatened or attempted and, in either case, the impounding elsewhere of such animal or chattels is reasonably necessary for the detention of the animal or chattel, the safety of that person, animal or chattel or the health of the animal."

 

 

The general rule is that animals should be taken to the local authority pound. In exceptional circumstances, e.g., where an animal owner might attempt to retrieve his animals or cause violence, they can be impounded "elsewhere". There is no specific restriction on what type of place is covered by the phrase "impounding elsewhere".

 

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A definition of a Private Pound is provided in Section 5 of the Animals Act, 1985:-

 

Section 5 of the Animals Act, 1985 defines a "private pound" as one that is not "provided under the Act of 1935". In other words, one that is not a local authority pound.

 

 

Where an arrangement has been entered into between the private pound owner and the Local Authority, an animal may be taken to a private pound.

 

Regulation 7 (2) of the 1985 Pounds Regulations states that:-

 

"This Regulation does not apply in relation to the impounding of an animal in a private pound under Section 5 of the Animals Act, 1985.."

 

Section 5 (2) of the Animals Act, 1985 states that:-

 

"Notwithstanding anything contained in the Act of 1935 or in Regulations thereunder, it shall be lawful for any local authority to enter into arrangements for the impounding in a private pound of any animal by a member of the Garda Siochána or by a local authority or by the Commissioners of Public Works in Ireland.

 

The general rule (that animals are to be taken to the local authority pound) does not apply where an "arrangement" has been entered into between, e.g. the I.S.P.C.A. and a local authority. In these circumstances animals could be taken to a "private" I.S.P.C.A. pound.

 

However, Regulation 7 does not apply "in relation to the impounding of an animal in a private pound under Section 5 of the Animals Act, 1985". Accordingly, the owner of a private pound would not be able to levy pound-fees under the 1985 Regulations or to avail of the other powers conferred on local authority pounds by virtue of Regulations 8, 9, 10 and 12 of the 1985 Regulations (see below). In these circumstances the I.S.P.C.A. would have to enter into a separate arrangement for payment with the local authority.

 

 

 

The 1985 Regulations do not apply to private pounds.

 

The Minister may make regulation for all or any of the following matters in relation to animals impounded in private pounds:-

 

(a) the notices to be given or displayed in connection with the impounding of animals,

(a) the fees to be paid by the owner of such animals;

(c) the provision of veterinary services for such animals;

(d) the transfer of animals so impounded to pounds provided under the Act of 1935;

(e) the sale, disposal or destruction, pursuant to an order of the local authority in whose functional area the private pound is situated, of animals so impounded of which the owner is unknown or cannot be found and the time after which such sale, disposal or destruction shall take place;

(f) the sale, disposal or destruction, pursuant to an order of the local authority in whose functional area the private pound is situated, of animals so impounded of which the owner is known, where the owner, on request by the person in charge of the private pound, fails to pay the prescribed fees or to remove the animals from the pound;

(g) the disposal of any moneys realised by any sale under paragraph (e) or (f);

(h) the standard to be applied to pounds and to the care of animals therein."

 

 

Section 5 (4) of the Animals Act, 1985 states that:

"Any balance of expenses incurred by a local authority in connection with a private pound within its functional area after deduction of any moneys realised by any sales of animals, of which the owner is unknown or cannot be found, carried out in accordance with regulations made by the Minister under subsection 3 and of fees paid by the owners of animals in accordance with such regulations shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas."

Also the Regulations provide for the payment which the pound keeper is entitled to claim from the owner.

Regulation 10 (1) of the 1985 Regulations states that:-

"A pound-keeper shall be entitled to demand and receive from the person by whom any animal or chattel is impounded in the pound, or from the owner of such animal or chattel, if and when such animal or chattel is released to such owner, the appropriate pound fee specified in the Second of Schedule to these Regulations, as well as any rights of trespass.

 

 

Section 5 (5) of the Animals Act, 1985 states that:

"Any person who does any act (whether of commission or omission) in contravention of any regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for any term not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment".

 

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Yes, three days after the posting of the appropriate notice.

Regulation 12 of the 1985 Regulations states that:-

1 (a) Subject to Regulation 9 of these Regulations, in a case to which this Regulation applies, an impounded animal may be sold pursuant to an order of the local authority at any time after the expiration of three days from the time that a notice relating to the animal was posted in accordance with Regulation 8 of these Regulations."

Section 12 (2) states that the Regulation in relation to selling the animal shall only apply provided any of the following events has occurred:

(a) where before the date of the sale the local authority have not been able to ascertain who the owner of the impounded animal is, or have not been able to establish the address of such owner, or

(a) where the owner of the animal fails, on request by the pound-keeper, to pay the amount due for pound fees and rates of trespass, or to remove the animal from the pound, or

(c) where the pound-keeper, acting in accordance with paragraph (2) of Regulation 9, refuses to release the animal from the pound."

 

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Regulation 12 (1) (a) state that "such sale may be carried out at a market or by way of public auction or, where the seller is of opinion that the sale at a market or by public auction would be abortive or inappropriate, in any other manner whatsoever."

 

 

 

Yes. Regulation 13 requires notification in a conspicuous place with a description of the animal and the details attaching to his initial capture, where it is impounded and the place of the proposed sale.

 

 

Regulation 14 provides for the humane destruction of the animal. This must be carried out in the presence of the Gardaí.

 

 

 

 

If a veterinary surgeon on inspection is of the opinion that the animal is in such a condition that it would be cruel to keep it alive then the local authority may arrange for its humane destruction, Regulation 4.

 

 

 

This is an offence pursuant to Section 5 (6) of the Animals Act, 1985:-

"Every person who-

(a) damages or breaks into any private pound,

(a) releases from or takes out of any private pound any animals lawfully impounded therein, or

uses violence, threats or bribes for the purpose of securing the release from or the taking away of any animals lawfully impounded in any private pound,

shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £350 or imprisonment for any term not exceeding nine months or, at the discretion of the court, to both such fine and such imprisonment."

 

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There are specific steps required by the legislation following the impounding of an animal, Regulation 8 of the 1985 Pounds Regulations states:-

"(1) A person impounding an animal shall, as soon as possible after impounding, notify the owner of the animal (where such owner is known) and the officer in charge of the Garda Siochána station nearest to the pound, of such impounding, describing the animal, stating where it was found and where it was impounded.

(2) Whenever an animal is impounded, the pound-keeper shall, as soon as possible after such impounding, cause a notice to be posted in a conspicuous position at the pound and at the Garda Siochána station nearest to the pound, describing the animal and stating where it was found and where it was impounded.

(3) A notice under this Regulation shall be kept posted in accordance with paragraph (2) of this Regulation until the impounded animal is returned to its owner or is otherwise disposed of from the pound in accordance with these Regulations."

 

 

 

The animal may be reclaimed any time prior to destruction with the payment of a fee.

Regulation 9 (1) of the 1985 Regulations:-

"At any time before an impounded animal is disposed of in accordance with these Regulations, the owner of the animal may, subject to paragraph (2) of this Regulation, recover the animal from the pound on payment to the pound-keeper of the amount due for pound fees and any rates of trespass."

 

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Yes, if he is not satisfied that the animal will be adequately cared for.

Regulation 9 (2) of the 1985 Regulations:-

"Notwithstanding paragraph (1) of this Regulation, the pound-keeper may, with the consent of the County Registrar, refuse to release any animal impounded under the Animals Act, 1985, if he is not satisfied that adequate accommodation and sustenance will be provided for the animal following such release."

 

 

 

The pound keeper, Section 6 of the Pounds (Provision and Maintenance) Act, 1935.

 

 

 

Section 2 of the 1935 Act imposes a duty on every Local Authority to provide in their functional area such pounds as are directed by the County Register with the approval of the Minister.

 

 

The County Registrar certifies it as suitable for use as a pound and in good repair and condition, Section 2 of the 1935 Act.

 

 

 

Legal proceedings may be brought against the Local Authority by the relevant Minister in order to compel the Local Authority to fulfill its obligations in relation the maintenance of a pound, Section 10, of the 1935 Act. This is without prejudice to any alternative remedy.

Section 7 provides for the County Registrar to procure repairs of a pound at the direction of the Minister where the pound is in need of such repair due to the failure or neglect on the part of the Local Authority. The costs of such repairs to be recovered from the Local Authority.

 

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The County Registrar can procure adequate and necessary supplies at the direction of the Minister where the Local Authority are in neglect of their duties in this regard, Section 7. The costs of such repairs to be recovered from the Local Authority.

 

According to Section 12 the Minister for Justice prosecutes offences under the 1935 Act.

 

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The Animals Act, 1985, provides for the impounding of certain wandering or trespassing animals by the Gardaí or local authorities.

Under these provisions a Local Authority may impound these animals as follows:

Section 4 of the Animals Act, 1985 states :-

"(1) "public place" means any street, road or place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge; and

"State authority means a Minister of the Government or the Commissioners of Public Works in Ireland.

(2) (a) Subject to paragraph (a), a member of the Garda Siochána or any local authority may impound any animal found wandering on a public road or in any public place, or trespassing on any public park or open space which is owned or occupied by a local authority or a State authority.

(a) In relation to any such public park or open space, the power to impound conferred by paragraph (a) may be exercised only on request by the authority by which such public park or open space is owned or occupied.

(3) The Commissioners of Public Works in Ireland may impound any animal found trespassing on any public park which is under the control and management of the Commissioners.

(4) Paragraph 11 of Section 10 of the Act of 1851 and section 20 of that Act shall not apply in relation to the impounding of an animal by a member of the Garda Siochána or by a local authority or by the Commissioners of Public Works in Ireland.

(5) Where an animal is impounded in pursuance of the powers conferred by this section, the authority by which the animal is impounded may recover the cost of transporting the animal to the pound from the owner of the animal as a simple contract debt in any court of competent jurisdiction"

This is a useful provision as these animals can pose a danger to themselves and to members of the public. (See Chapter 1 on General Cruelty, and Chapter 2 on Wandering Animals and Chapter 86 on Horses, for specific provisions in this regard)

 

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