|German Breed Ban Legislation|
|This is the new law in NRW (area Muenster, Koeln, Duesseldorf, Dortmund). If you look in §2a and §4 No.5, you can see, that all
"Schutzhund"-trained dogs go to dangerous dogs. They need lead
and muzzle and are forbidden to breed.
The minister B. Hoehn blocked her email, but you can write in her
guestbook on her homepage
You can see that rottweiler and dobermann go to group 1+2. To own a dog higher as 40 cm or heavier as 20 Kg you need: A microship for your dog a report by the police an insurance for the dog a report, that you have knowledge about dogs and the dog is only allowed on lead.
|Act on the owning, breed, education, and training of certain dogs (Act of Dogs of the Land Nordrhein-Westfalen) [...]|
§1 Area of application and compulsory registration
(1) This act is valid for the owning of dogs, that in fully-grown status, reach a withers height of 40 cm (15.7 inches) or alternatively, reach a weight of at least 20 kg (44 pounds). Furthermore, this act applies for the owning, breed, education and training of dogs fulfilling the criteria according to § 2, as well as to dog races of the attachments 1 and 2 or cross-breeds of the races named in there with dogs of other races or half-breeds, independently from their height or weight.
(2) The owning of any dog according to the spirit of paragraph 1 is to be noticed to the competent regulatory authority by the owner.
§2 Definition of terms
As dangerous according to the spirit of this act are regarded:
a) dogs, that are bred towards aggressiveness or readiness to combat or sharpness or other breeding characteristics equally in their effect or that have begun or completed a training disadvantageous for man, as a protection dog or a training for civil sharpness.
b) dogs, that have proven to bite according to the expert opinion of the veterinarian appointed by civil service.*
c) dogs, that have jumped on a person in a manner that is threatening danger
d) dogs, that have proven to uncontrollably hound or take game, cattle, cats or dogs.
§3 Requirements for the owning of dos according to §1, (1),
(1) Dogs addressed by area of application of §1, (1), sentence 1, may only be owned by persons, that have the accordingly necessary knowledge and skills (knowledge of the subject), and that have the accordingly necessary reliability. The knowledge and skills are to be proven by a certificate of the Chamber of Veterinarians of the Land Nordrhein-Westfalen.
(2) As knowledged in the spirit of paragraph (1) are to be
(3) As a proof of reliability a certificate by the police, stating that the holder has no criminal record has to be presented (excerpt from the Federal Central Register).
(4) Dogs in the spirit of § 1, (1), sentence 1 be taken leashed only in connection with built-up parts on public streets and places as well as in public means of traffic.
(5) For dogs in the spirit of this regulation the taking out of a liability insurance has to be proven. (6) Each dog in the spirit of this regulation has to be marked permanently with a microchip at the expenses of the owner. The identity of the dog (race, weight, height, age, colour of the fur, chip number) has to be notified to the competent authority.
§4 Requirements for the owning, breed, education and training of
dogs of the attachments 1 and 2 as well as of dangerous dogs
(1) The owning, education and training of dogs of the attachments 1 and 2, of cross-breeds of these races named in there with dogs of other races or half-breeds as well as of dangerous dogs in the spirit of §2 require the allowance of the local regulation authority.
(2) The allowance will be given to the filing person, only when
1. s/he has attained the age of 18,
(3) Furthermore, owners of dogs in the spirit of § 2 Letter a or attachment 1 allowance will only be given, if an overweighing special interest for the owning, education, or training is being proven. An overweighing special interest can be present, especially when it serves the survey of a threatened property.
(4) The allowance shall be given limited and with the reservation of withdrawal, and can be connected especially with provisions and conditions. Subject of a condition can also be the obligation of sterilization based on the expert opinion of the veterinarian appointed by civil service. Conditions can also be imposed, changed or added later. The allowance is to be withdrawn, if it becomes known later, that when allowance was given, one of the requirements of paragraph 2 was not present or a requirement has been cancelled after giving the allowance.
(5) The breeding with dangerous dogs in the spirit of § 2 and with dogs of the attachment 1 is prohibited.
(1) The necessary reliability (§ 3 (3) § 4 (2) Nr. 3) persons as
a rule, do not have, especially when they are
(2) Furthermore, the necessary reliability, persons as a rule do
not have, when they,
§6 Owning of dangerous dogs and of the dogs of the attachments 1
(1) Dangerous dogs and the dogs of the attachments 1 and 2, cross-breeds of the races named therein, cross-breeds of these races with dogs of other races or half-breeds are to be kept in a manner, that persons, animals or subjects are not being threatened.
(2) Within pacified properties dangerous dogs and dogs of the attachments 1 and 2, cross-breeds of the races named therein, cross-breeds of these races with dogs of other races or half-breeds are to be kept in a manner, that they can not leave it against the will of the owner.
(3) Outside of pacified properties, on access roads of houses for several families and in their stairwell, public streets and places, in public means of traffic an in public rooms, dangerous dogs and dogs of the attachments 1 and 2, cross-breads of these races with dogs of other races or half-breeds are to be kept leashed. Furthermore, they have to carry a device that prevents biting or another device equally in its effects. The owner or another supervisor has to be able by physical constitution to keep the dog safely leashed; the leash has to of such nature, that the dog can be kept safely. A supervisor other than the owner has to attained the age of 18.
(4) The competent regulatory authority can admit exceptions from paragraph (39, sentences 1 and 2 for dogs of the attachments 1 and 2, cross-breads of these races with dogs of other races or half-breeds, if these do not fulfil the criteria of § 2, if the owner proves, that danger for the public safety is not be feared. The admittance of the exception can be limited and be given with the reservation of withdrawal, and can as well be connected with provisions and conditions. Conditions can also be imposed, changed or added later.
§7 Prohitibition of the owning of dangerous dogs as well as of
dogs of the Appendixs 1 and 2
(1) The competent authority has to prohibit the owning of a dangerous dogs as well as of dogs of the Appendixs 1 and 2, if facts justify the assumption, that the requirements for a permission of §4 (2) are not being fulfilled, or that by the owning a danger for life and health is given for man and animal.
(2) A prohibition according to (1) as well as other directions able to give protection against danger according to the acts of the local authority that are being ordered in individual cases, such as behavioural therapy, sterilisation, being looked after in a shelter, being taken in possession and euthanasia are permitted under compliance of the Law of prevention of cruelty to the animal, independently whether a permission has been applied for or been given according to §4.
(3) The owning of a dog in the spirit of §2 or the Appendixs 1 or 2 can also be prohibited, when a permission according to §4 has not been applied for within the time period stated by a competent authority, or has not been given thereafter.
|§8 Competances Competent authority in the spirit of this act is the local town's clerk office.|
|§9 Exception of the area of application This act is not valid for dogs on duty employed by Federal Authorities or Authorities of the Land as well as for dogs on duty of the communities and connected communities.|
(1) Going against regulations is, who willfully or negligantly
(2) The infringement can be punished with a fine of up to two thousand Deutsche Mark (1.022 EURO).
§12 Legal force, repeal, interim regulations
(3) The provisions of §3 (2), letter a) are valid for persons that have owned dogs in the spirit of §1 (1), sentence 1 for more than three years
(4) §4 (3) is not valid in regard to dogs according to §2, letter a) or Appendix 1, that have been owned by a certain person at the time when this act went into force.
|§ 1 Dogs with increased aggressiveness and dangerous potential
Dogs with increased aggresiveness and dangerous potential (fighting dogs) within the meaning of this decree are the following breeds and groups of dogs as well as crossbreeds amongst or with other dogs:
|§ 2 Prohibition of possession
Possession of a fighting dog requires permission. It will only be granted, if a just interest for the possession can be proven, and if a petition for achieving the permission is filed in writing by Aug 15, 2000 with the authorized authorities.
§ 3 Leading and confining of a fighting dog
(1) walking a fighting dog outside its confinement area must be done with leash and muzzle. The person walking the dog must be 18 years of age as well as mentally and physically able to do so.
(2) Properties and kennels where a fighting dog is held, must be fenced in and secured so that people outside the property and kennel are not in danger. Escaping from the kennel or property must be made impossible. Every door or gate to the property or apartment of the owner must bear a bright red sign at least 15 by 21cm with the clear writing "Warning, dangerous dog".
(3) Fighting dogs must be castrated or sterilized.
§ 4 Prohibition to breeding, trading and acquisition
Breeding, mixing, trading, acquisition and discharge of fighting dogs is prohibited. It is allowed to discard to and accept by animal shelters as well as people having obtained permission according to § 2.
§ 5 Responsibilities
Responsible for enforcing this decree are the local authorities.
§ 6 Failure to obey
(1) It is illegal within the meaning of § 77 subparagraph 1 of the Hessian Law for Public Safety and Regulation to intentionally, deliberately or carelessly
(2) Failure to obey according to § 77 subparagraph 1 of the Hessian Law for Public Safety and regulation can be punished with a fine up to 10,000 German Marks.
|§ 7 This decree is into effect as of Jul 6, 2000 and out of effect Dec 31,2004.|