Domestic or companion animals will also be classified as potentially dangerous, as determined by regulations, in particular, those belonging to the canine species, included within a racial typology, which, due to their aggressive nature, size or power of the jaw, have the capacity to cause death or injury to people or other animals and damage to things.
The following breeds and their crosses have been determined as potentially dangerous of the canine species in Decrees 287/2002 and 145/2000:
- American Staffordshire Terrier.
- Staffordshire Bull Terrier.
- Perro de presa mallorquin.
- Fila Brasileiro.
- Perro de presa canario.
- Bullmastiff.
- American pitbull terrier.
- Rottweiler.
- Pit bull terrier.
- Dogue de Bordeaux.
- Tosa Inu.
- Akita Inu.
- Dogo Argentino.
- Doberman.
- Neapolitan Mastiff.
The following shall also be considered potentially dangerous dogs exhibiting all or most of the following characteristics:
a. Strong musculature, powerful appearance, robust, athletic build, agility, stamina and endurance.
b. Strong character and great courage.
c. Short hair.
d. Thoracic circumference between 60 and 80 centimetres, height at withers between 50 and 70 centimetres and weight over 20 kg.
e. Voluminous, cuboid, robust head, with broad, large skull and muscular, domed cheeks. Jaws large and strong, mouth robust, wide and deep.
f. Broad, muscular and short neck.
g. Chest massive, broad, large, deep, arched ribs and short muscular loin.
h. Parallel, straight and robust forelegs and very muscular hindquarters, with relatively long legs at a moderate angle.
In any case, even if they are not included in the previous section, potentially dangerous dogs will be considered to be those animals of the canine species that show a markedly aggressive character or that have been involved in aggression towards people or other animals.
In the case referred to in the previous paragraph, the potential danger shall be assessed by the competent authority on the basis of objective criteria, either ex officio or after having been the subject of a notification or a complaint, following a report from an official or registered veterinarian, designated or authorised by the competent regional or municipal authority. Article 3. Licence for the keeping of potentially dangerous animals.
INFORMATION TO THE OWNER OR KEEPER OF THE POTENTIALLY DANGEROUS DOG
1. The keeping of any pet animal defined as potentially dangerous will require an administrative licence to be obtained beforehand, which will be granted by the Town Council of the municipality in which the applicant resides.
2. In order to obtain the licence, the interested party must demonstrate compliance with the following requirements:
a) Be of legal age.
b) Not to have been convicted of crimes of homicide, injury, torture, crimes against freedom or against moral integrity, sexual freedom and public health, association with armed gangs or drug trafficking, as well as not having been deprived by judicial decision of the right to keep potentially dangerous animals.
c) Not to have been sanctioned in the last three years for serious or very serious infringements with any of the accessory penalties provided for in Article 13.3 of Law 50/1999, of 23 December 1999. However, it shall not be an impediment to obtaining or, where appropriate, renewing the licence, to have been sanctioned with a temporary suspension of the licence, provided that, at the time of the application, the previously imposed suspension sanction has been fully complied with.
(d) have the physical capacity and psychological fitness to keep potentially dangerous animals.
e) Subscription of a civil liability insurance policy for personal and material damages to third parties caused by potentially dangerous animals, with a coverage of not less than one hundred and twenty thousand euros (120.000.-€).
3. Compliance with the requirements set out in paragraphs (b) and (c) of this subparagraph shall be evidenced by negative certificates issued by the relevant registers.
4. Evidence of compliance with the requirement in paragraph (d) shall be provided by means of psycho-physical aptitude report issued by medical personnel in authorised centres for the examination of vehicle drivers in accordance with the regulations that govern them. This report must be issued once the necessary tests of capacity and aptitude have been passed in accordance with the terms established in Articles 4 and 5 of Royal Decree 287/2002, of 22 March, which implements Law 50/1999, of 23 December, on the legal regime for the keeping of potentially dangerous animals, and shall be valid for the period established in Article 7 of the aforementioned Royal Decree.
The cost of the examinations and the issuing of the reports on psychophysical fitness shall be borne by the persons concerned.
5. The administrative licence for the keeping of potentially dangerous animals shall be valid for a period of five years. from the date of issue, and may be renewed, at the request of the interested party, by the competent municipal body prior to its expiry for successive periods of the same duration. Any variation in the data accredited for obtaining the licence must be communicated by the holder within fifteen days of the date on which it is produced or, where applicable, becomes known, to the Town Council that issued it, which must record it in the corresponding Municipal Register of Pets.
6. The intervention, suspension or precautionary measure relating to an administrative licence in force, whether by judicial or administrative decision, is a cause for refusal of a new licence or renewal of the licence in question, as long as this measure has not been lifted.
SECURITY MEASURES
The person driving and controlling potentially dangerous dogs on public roads shall be over 18 years of age. and will have to carry with him the administrative licence authorising him to keep potentially dangerous animals, the passport and the certificate certifying that he is registered in the Municipal Register of potentially dangerous animals.
Potentially dangerous dogs are obliged to wear a muzzle appropriate to their type in public spaces.
They are obliged to carry a non-extensible and unbreakable chain or leash of less than 2 metres maximum length, and no more than one such dog may be carried per person.
Potentially dangerous animals, which are on a farm, country house, chalet, plot, terrace, courtyard or any other enclosed area, must be tethered, unless there is a cage with the surface area, height and adequate enclosure to protect people or animals accessing or approaching these places.
The theft or loss of the animal must be reported by its owner to the person responsible for the Municipal Register of potentially dangerous animals within a maximum period of forty-eight hours from the time he/she becomes aware of these facts.
If you need advice on this subject do not hesitate to contact us. We are your veterinary specialists in Benissa and surroundings.
