The city councils are obliged to keep the municipal register of potentially dangerous animals always up to date, inscribing the features of the animal related in the article 3.º of the present law,
and all the verified infractions or occurrences, giving knowledge of the exactly, annually or always that necessary one, to Direcção-Geral de Veterinária and the Institute of the Conservation of the Nature.
Article 2.º - Sorting of Potentially Dangerous Animals - Potentially dangerous the ones are considered animal that integrate any of the following sorts:
- Wild beasts, originary of habitats where if they find in natural freedom, without presence habitual human being, and whose transport or ferocity constitutes a danger for the physical integrity it to be human, being able to generate the serious death or injuries in people or other animals;
- Dogs fierce, with physical features and of behavior that if can consider potentially violent and of attack, being able to offend the physical integrity of people and other animals, appointedly the following races, pure or resultant of crossings, and lineages:
Article 4.º - Municipal license|
- They are obligator conditions for the interested party in the attainment of license for ownership of potentially dangerous animal:
- a) To be bigger and not to be incapacitated;
- b) Not to have been condemned for any punishable crimes with punishment by confinement or to possess I register in cadastre for any type of offences, appointedly for ownership of potentially dangerous animals;
- c) Absence of sanctions for alcohol consumption, drugs or psychotropic substances.
- The owners of the potentially dangerous animals are obliged to the fulfillment of legally established the sanitary measures and to the vaccination for the last ones, having to effect its test for the purpose of attribution of municipal license.
- They are still conditions for the emission of municipal license of ownership:
- a) The payment of the taxes of register and licensing of potentially dangerous animals, including the canine species referred in the line
- b) of the article 2.º of the present law, in the terms enunciated for each type of dog of category C, as foreseen in the article 17.º of the Decree n.º 317/85, 2 of August, with an aggravation of 50%;
- c) the potentially dangerous sterilization of the dogs of the races or lineages is obligator, alone being able its certified test to be carried through by of medical credential veterinarian.
- Are Excepted of the line b) of the previous number the destined cases the animals for reproduction, to be for the effect required for ends of study or inquiry, for laboratories or similar, societies zoophiles, and associations of creators, duly recognized and authorized, and with sanitary control and assured veterinarian.
- The dogs potentially dangerous, pertaining to the Armed Forces, forces of security, to the guard of establishments of the State, locked up in laboratories and reserved the study, or belong of the similar societies zoophiles or, and since that they remain confined to its installations, they are exempt of the tax of register or municipal license of ownership.
- The procedures adopted for the attribution of municipal licenses of ownership of potentially dangerous animals for effect of the present law will be established for the Decree n.º 317/85, of 2 of
August, with the necessary adaptations.
Article 5.º - Lodging
- In the urban zones, and by each fire, it is not allowed to lodge more of the one than a potentially dangerous animal, saved being about kennel or lodging duly permitted in the terms of the law.
- The permanent lodging of potentially dangerous animals in autonomous fractions, the regimen of horizontal property, or in private condominiums is not allowed, saved when it has unanimous deliberation in the opposite taken for the general assemblies of
- The lodging of potentially dangerous animals compels to the affixture in the place, and of visible form, a board with the acknowledgment - "Caution - Dangerous animal".
Article 6.º - Animal Transit
- The use is obligator, for all the potentially dangerous animals, of harness or collar, in which a metallic plate or chip is fixed magnetic where the number of municipal register consists, as well as
the name and dwelling of its owner.
- It is forbidden to the presence in the public way or any other public places of potentially dangerous fierce or animal dogs without muzzle functional.
- Muzzle is considered functional that one that, applied to the animal and without it to make it difficult the respiratory function, does not allow it to eat or to bite.
- Potentially dangerous the fierce or animal dogs only can circulate in the public way or in any other public places when lead to it harnesses.
- The wild beasts and the fierce dogs of the races and lineages pitbull, american pitbullterrier and Rottweiler only can circulate in the public way or any other public places since that in cages or duly
conditioned by form not to be possible the any physical contact of these with people, good or other animals.
- The circulation or presence in the public way or any public places of potentially dangerous fierce or animal dog is conditional for the constitution of an obligator insurance of civil liability for actual damages the third or alien property.
Article 7.º - Civil Liability and Criminal
- The owner of any potentially dangerous animal consists in the duty of indemn for actual damages third in the terms of the article 483.º and n.º 1 of the article 493.º of the Civil Code, and still, in
the terms of the article 59.º of the Decree n.º 317/85, of 2 of August.
- Who with deceit to stir up or to allow that animal potentially dangerous it attempts against the life of somebody, incurs into the crime foreseen in the article 132.º of the Criminal Code.
- Who with deceit to stir up or to allow that animal potentially dangerous it attempts against the physical integrity of somebody, incurs into the crime foreseen in the article 144.º of the Criminal Code.
- Who with recklessness to make possible that a potentially dangerous animal attempts against the physical integrity or the life of somebody incurs into the crime foreseen in the article 137.º of the Criminal Code.
- The attempt is punishable in the terms of the article 23.º of the Criminal Code.
- The cities are responsible and consist in the duty of indemn third for damages and injuries caused for the potentially dangerous animals or others, always that, for the respective municipal agencies, they have not been taken the foreseen legal measures in the
present diploma, as well as in the article 13.º of the Decree n.º 317/85, of 2 of August, and in the law of the local autarchies, appointedly in lines x) and z) of n.º 1 of the article 64.º of the Law n.º 159/99, of 14 of September.
Article 8.º - Importation of Potentially Dangerous Animals
- The importation or entered in transit in the domestic territory of potentially dangerous animals lacks of previous consultation to Direcção-Geral de Veterinária and the Institute of the Conservation
of the Nature, that will appreciate the order individually, imposing the indispensable conditions of sanitary order to the concretion of the input authorization or to its refusal.
- The input authorization does not excuse to the inspection doctor-veterinary medicine in the border.
- The regimen of importation of potentially dangerous animals is established in the Decree n.º 317/85, of 2 of August, in that it respects to the importation of dogs, cats and other animals of
company, with the necessary adaptations.
Article 9.º - Fiscalization
- The fiscalization on the fulfilment of the made use one in the present law and the backing subsidiary norms will have to be exerted by the authorities competent veterinarians and responsible municipalized jobs, in the substances of municipal jurisdiction, and
for the competent jobs of the Ministry of Agriculture, the Agricultural Development and Fisheries, in the remaining disposals.
- To be able them of fiscalization in respect to substances to the protection of the animals and the protected species, as well as the o regimen of importation and international transit of wild beasts, they are attributed to the Institute of the Conservation of the Nature.
- The responsible authorities of security and too much entities will act in the scope of its ability and proper ends, exerting a permanent fiscalization on the circulation of these animals in the public way, public zones balneares or places, when it has complaint
or particular denunciation, and always that requested its intervention for the authorities of the central or local management in the scope of the present law.
Article 10.º - Files of Legal Documents of Notice
- In the non-observance of the rules of this diploma, 243.º is applied made use in articles 247.º of the Code of the Criminal proceeding.
Article 11.º - Infractions|
- Serious infractions are considered the following ones very:
- a) To abandon a potentially dangerous animal in any public place;
- b) To possess potentially dangerous fierce or animal dogs without municipal register and license of ownership;
- c) To falsify documentation or to give to false declarations on the municipal register or license of ownership of a potentially dangerous animal;
- d) To train potentially dangerous animals to develop its aggressiveness with forbidden purposes;
- e) Organization of competitions, exhibitions, exercises or competitions of potentially dangerous animals with the purpose to show to the violence and aggressiveness of the same ones.
- Serious infractions are considered the following ones:
- a) To free a potentially dangerous animal without taking the measures of security indicated to prevent accidents and its escape;
- b) To circulate in public spaces with a potentially dangerous animal without using muzzle and harnesses;
- c) To circulate in the public spaces with a potentially dangerous animal without possessing obligator insurance of civil liability for provoked damages third;
- d) not to fulfill the obligation to identify to the potentially dangerous animal through magnetic board or chip;
- e) Not to fulfill the vaccination obligator of the animal;
- f) To possess more of the one than a potentially dangerous animal in a fire or autonomous fraction, without unanimous authorization of the condominium;
- g) Voluntariamente to place in a limiting situation of the intellectual and physical facultieses for consumption of alcoholic beverages, stupefacientes or psicotrópicas substances, having to its guard a potentially dangerous animal;
- h) To carry potentially dangerous animals without obeying the norms of adequate security and monitoring.
- Light infractions are considered the following ones:
- a) To circulate in saw or public place with potentially dangerous animal, without identification;
- b) not to communicate to the autarchic and sanitary authorities any excellent alteration in the behavior of the potentially dangerous animal;
- c) To carry a potentially dangerous without if making to follow of certifyd the documentation due and respective animal of obligator vaccination;
- d) not to fulfill the sterilization obligator of a potentially dangerous animal.
- The infractions enunciated in the previous numbers can still suffer accessory sanctions as the confiscation, detention, compulsory sterilization, or abate, and still the suspension or apprehension of
the municipal license of ownership of potentially dangerous animal.
Article 12.º - Sanctions|
- The infractions in the previous numbers will be sanctioned with the following fines to apply for the city councils:
- a) Very serious infractions, since 200 000$ 1 500 000$;
- b) serious Infractions, since 50 000$ 200 000$;
- c) light Infractions, since 25 000$ 50 000$.
- In situations of lesser gravity of the infraction and the guilt of the agent, the administrative authority can apply an admonition sanction, in the terms of the article 51.º of the General Regimen of
Article 13.º - Transitory provisions|
- The city councils will constitute, in the maximum stated period of 180 days after the input in vigor of the present law, a computerized municipal register of potentially dangerous animals.
- The city councils will regulate and publicize, in the scope of its abilities, the efficient form to promote the register and licensing of all the potentially dangerous animals enclosed by the
present law and that they be situated in its area of jurisdiction.
Article 14.º - Input in Vigor|
- The present law enters in vigor in the following day to the one of its publication in the Daily one of the Republic.
Assembly of the Republic|
12 of July of the 2000