Domestic or companion animals will also be classified as potentially dangerous, as determined by regulation, particularly those belonging to the canine species, included within a racial typology, which, due to their aggressive nature, size or jaw strength, 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.
- Majorcan Presa dog.
- 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 configuration, agility, vigor and stamina.
b. Marked character and great courage.
c. Short hair.
d. Thoracic perimeter between 60 and 80 centimeters, height at the withers between 50 and 70 centimeters and weight over 20 kg.
e. Voluminous head, cuboid, robust, with broad and large skull and muscular and bulging cheeks. Large and strong jaws, robust, wide and deep mouth.
f. Wide, muscular and short neck.
g. Chest solid, broad, large, deep, arched ribs and short muscular loin.
h. Parallel, straight and robust forelimbs and very muscular hind limbs, with relatively long legs forming a moderate angle.
In any case, even if they are not included in the previous section, potentially dangerous dogs shall be considered those animals of the canine species that show a markedly aggressive character or that have been involved in aggressions to people or other animals.
In the case contemplated in the previous paragraph, the potential dangerousness will have to be appreciated by the competent authority attending to objective criteria, either ex officio or after having been object of a notification or a denunciation, previous report of a veterinarian, official or collegiate, designated or authorized by the autonomous or municipal competent authority. Article 3. License for the possession of potentially dangerous animals.
INFORMATION TO THE OWNER OR KEEPER OF THE POTENTIALLY DANGEROUS DOG
1. The keeping of any companion animal defined as potentially dangerous. will require the prior obtaining of an administrative license, which will be granted by the City Council of the municipality where the applicant resides.
2. In order to obtain the license, the interested person must prove compliance with the following requirements:
a) Be of legal age.
b) Not to have been convicted for crimes of homicide, injuries, torture, against freedom or moral integrity, sexual freedom and public health, association with armed gangs or drug trafficking, as well as not being deprived by judicial resolution 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 sanctions provided for in article 13.3 of Law 50/1999, of December 23. However, it shall not be an impediment for obtaining or, as the case may be, renewing the license, to have been sanctioned with the temporary suspension thereof, provided that, at the time of the application, the suspension sanction previously imposed has been fully complied with.
d) Have the physical capacity and psychological aptitude for the possession of 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 euros).
3. Compliance with the requirements established in paragraphs b) and c) of this section shall be evidenced by means of the negative certificates issued by the corresponding registries.
4. Proof of compliance with the requirement of paragraph (d) shall be furnished by means of report of psychophysical aptitude issued by medical personnel in the authorized centers for the examination of drivers of vehicles in accordance with the regulations that regulate them. This report shall 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 March 22, 2002, which develops Law 50/1999, of December 23, 1999, on the legal regime for the possession of potentially dangerous animals, and shall have the validity established in article 7 of the aforementioned Royal Decree.
The cost of the examinations and the issuance of the psycho-physical aptitude reports shall be borne by the interested parties.
5. The administrative license for the possession of potentially dangerous animals shall be valid for a period of five years. from the date of issue, being able to be renewed, at the request of the interested person, by the competent municipal organ before its termination for successive periods of equal duration. Any variation of the data accredited for obtaining the license must be communicated by its holder within fifteen days from the date of its occurrence or, in its case, knowledge of it, to the City Council that issued it, which must record it in the corresponding Municipal Registry of Pets.
6. The intervention, suspension or precautionary measure relating to an administrative license in force, whether judicially or administratively agreed, is cause for denial of a new license or renewal of the affected license, as long as said measure has not been annulled.
SECURITY MEASURES
The person who drives and controls potentially dangerous dogs on public roads must be 18 years of age or older. and will have to carry with him the administrative license that qualifies him for the possession of potentially dangerous animals, the passport and the accrediting certification of being registered in the Municipal Registry of potentially dangerous animals.
Potentially dangerous dogs are required 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 meters maximum length, and no more than one of these dogs may be carried per person.
Potentially dangerous animals, which are in a farm, country house, chalet, plot, terrace, patio or any other delimited place, must be leashed, unless there is a cabin with the surface, height and adequate enclosure, to protect people or animals that access or approach these places.
The theft or loss of the animal must be communicated by its owner to the person in charge of the Municipal Registry of potentially dangerous animals within a maximum period of forty-eight hours from the time he/she becomes aware of such facts.
If you need advice or advice on this subject do not hesitate to contact us. We are your veterinary specialists in Benissa and surroundings.
