Animals act, 1985

• Act Number: 11
• Enactment Date: 12 June 1985

Number 11 of 1985
ANIMALS ACT, 1985
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Duty to take care to prevent damage by animals straying on to public road. 3. Amendment of Dogs Act, 1906. 4. Impounding of certain wandering or trespassing animals by Garda Síochána or local authorities. 5. Impounding other than under Act of 1935. 6. Provisions relating to certain residential areas. 7. Miscellaneous amendments. 8. Repeals. 9. Short title and commencement.
Acts Referred to Civil Liability Act, 1961 1961, No. 41 Decimal Currency Act, 1970 1970, No. 21 Dogs Act, 1871 1871, c. 56 Dogs Act, 1906 1906, c. 32 Local Government (Planning and Development) Act, 1963 1963, No. 28 Local Government (Toll Roads) Act, 1979 1979, No. 34 Pounds (Provision and Maintenance) Act, 1935 1935, No. 17 Statute of Limitations, 1957 1957, No. 6 Summary Jurisdiction (Ireland) Act, 1851 1851, c. 92 Town Police Clauses Act, 1847 1847, c. 89 Towns Improvement (Ireland) Act, 1854 1854, c. 103
Number 11 of 1985
ANIMALS ACT, 1985
AN ACT TO AMEND THE LAW RELATING TO LIABILITY FOR DAMAGE DONE BY ANIMALS AND THE LAW RELATING TO THE IMPOUNDING OF ANIMALS, AND TO PROVIDE FOR CONNECTED MATTERS. [12th June, 1985]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act—
	“the Act of 1851” means the Summary Jurisdiction (Ireland) Act, 1851 ;
	“the Act of 1935” means the Pounds (Provision and Maintenance) Act, 1935 ;
	“animal”, except in section 2 , means a bovine animal, horse, ass or other equine animal, sheep or goat;
	“damage” includes the death of, or injury to, any person (including any disease and any impairment of a person's physical or mental condition) and injury to or total or partial destruction of property;
	“local authority” has the meaning assigned to it by section 1 of the Act of 1935;
	“the Minister” means the Minister for Justice;
	“public road” means a road the responsibility for the maintenance of which lies on a road authority and includes a toll road within the meaning of the Local Government (Toll Roads) Act, 1979 , and, for the purposes of section 2 , also includes any highway;
	“road authority” means—
	(a) the council of a county,
	(b) the corporation of a county or other borough, or
	(c) the council of an urban district.
	(2) In this Act a reference to a section is to a section of this Act, unless it is indicated that reference to some other enactment is intended.
	(3) In this Act a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
	Duty to take care to prevent damage by animals straying on to public road.	2.—(1) So much of the rules of the common law relating to liability for negligence as excludes or restricts the duty which a person might owe to others to take such care as is reasonable to see that damage is not caused by an animal straying on to a public road is hereby abolished.
	(2) (a) Where damage is caused by an animal straying from unfenced land on to a public road, a person who placed the animal on the land shall not be regarded as having committed a breach of the duty to take care by reason only of placing it there if—
	(i) the land is situated in an area where fencing is not customary, and
	(ii) he had a right to place the animal on that land.
	(b) In this subsection “fencing” includes the construction of any obstacle designed to prevent animals from straying, and “unfenced” shall be construed accordingly.
	Amendment of Dogs Act, 1906.	3.—The Dogs Act, 1906, is hereby amended by the substitution of the following section for section 1:
	“1.—(1) The owner of a dog shall be liable in damages for damage caused in an attack on any person by the dog and for injury done by it to any cattle; and it shall not be necessary for the person seeking such damages to show a previous mischievous propensity in the dog, or the owner's knowledge of such previous propensity, or to show that such injury or damage was attributable to neglect on the part of the owner.
	(2) Where any such damage or injury has been done by a dog, the occupier of any premises where the dog was kept or permitted to live or remain at the time of the damage or injury shall be presumed to be the owner of the dog, and shall be liable in damages for the damage or injury unless he proves that he was not the owner of the dog at that time: provided that where there is more than one dwelling in any house, the occupier of the particular dwelling in which the dog has been kept or permitted to live or remain at the time of the damage or injury shall be presumed to be the owner of the dog, unless the contrary is proved.
	(3) Where a dog is proved to have caused damage in an attack on any person, or to have injured cattle or chased sheep, it may be dealt with under section 2 of the Dogs Act, 1871, as a dangerous dog.
	(4) Where cattle are injured by a dog on land on to which they had strayed, and either the dog belonged to the occupier of the land or its presence on the land was authorised by the occupier, a person is not liable under this section in respect of injury done to the cattle, unless the person caused the dog to attack the cattle.
	(5) A person is liable in damages for any damage caused by a dog kept on any premises or structure to a person trespassing thereon only in accordance with the rules of law relating to liability for negligence.
	(6) (a) Any damage or injury for which a person is made liable under this section shall be deemed to be attributable to a wrong within the meaning of the Civil Liability Act, 1961 , and the provisions of that Act shall apply accordingly.
	(b) Paragraphs (a) and (b) of subsection (2) of section 11 of the Statute of Limitations, 1957 , shall apply in relation to any such damage.
	(7) In this section—
	‘damage’ has the same meaning as in the Animals Act, 1985;
	‘premises’ includes any house or land.”.
	Impounding of certain wandering or trespassing animals by Garda Síochána or local authorities.	4.—(1) In this section—
	“public place” means any street, road or other 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 (b), a member of the Garda Síochána 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.
	(b) 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...