Last night witnessed a grisly scene.
A poor bastard is bitten by a dogo argentino, left by the master free to wander without a leash and muzzled.
The owner of dogo, looking very nice and ill-dressed, was almost certainly a bum.
The little bastard got away with some injury to his hind legs and a lot of fear, thanks to the prompt intervention of some passers-by who, undaunted, they managed to expel the aggressor dog.
The owner of the mutt has spent € 250.00 in veterinary expenses, money that will hardly be compensated by the homeless.
But the thing I wanted more than the owner of the dog that had attacked the homeless man was removed and submitted to a fierce dog kennels.
I went to check the legislation (an ordinance of the Ministry of Health), which is renewed from year to year with changes.
The quote in full.
Order of the Ministry of Health January 14, 2008
Protecting public safety from attack by dogs
(Published in OJ January 28, 2008 n. 23) THE
MINISTER OF HEALTH
Given the veterinary police regulations, approved by Decree of the President of the Republic of 8 February 1954, No 320;
view of the art. 32 of Law 23 December 1978, n. 833;
view of the art. 10 of the European Convention for the Protection pet, adopted in Strasbourg on 13 November 1987, also signed by Italy;
view of the Law of 14 August 1991, n. 281, Framework Law for the Prevention of pets and stray animals, in particular art. 1, which states that the state promotes and regulates the protection of pets, condemns the acts of cruelty against them and promotes the proper co-existence between man and animal;
the Order of the President of the Council of Ministers of 28 February 2003 6 February 2003 ratifies the Agreement between the Minister of Health, the regions and autonomous provinces of Trento and Bolzano on the welfare of pets and pet therapy;
Given the order of the Ministry of Health December 12, 2006 on "Protecting public safety from attack by dogs," as amended;
Given that, except as provided by law July 20, 2004, No 189, in the light of modern scientific literature, the use of instruments that determine electrical impulses or shocks in dogs may cause fear and distress is likely to produce reactions of aggression by the animals themselves;
Since the order of the Ministry of Health December 12, 2006 on "Protecting public safety from attack by dogs' subsequent amendments and expires January 13, 2008 and pending the enactment of a regulation in organic matter;
considered the opportunity and the urgency of taking precautionary measures to protect public health, even after the occurrence of aggression to people by dogs in 2007;
Order:
Article 1.
1. Are prohibited:
a) training designed to enhance the aggressiveness of the dogs;
b) training designed to enhance the risk of increased aggression of dogs belonging to breeds or crosses in the Schedule annexed;
c) any operation of selection or cross between different breeds of dogs with the aim of developing aggression
d) the placing of dogs in doping, as defined in art. 1, paragraphs 2 and 3, of Law December 14, 2000, No 376; and
) intervention Surgical intended to change the look of a dog, or for other non-curative purposes, including:
i) tail docking except for the dogs belonging to the FCI recognized dog breeds with caudotomia provided by the standard, until the ' enactment of a law to ban specific matters. Tail docking, where applicable, must be performed by a veterinary surgeon within the first week of life;
ii) cutting of the ears;
iii) excision of the vocal cords.
2. The prohibition in paragraph 1, letter e) shall not apply to therapeutic interventions necessary for reasons of veterinary medicine.
Article 2.
1. The owners and keepers of dogs, similar to Art. 83, paragraph 1, letters c) and d) of veterinary police regulations, approved by Decree of the President of the Republic of 8 February 1954, No 320, are required to:
a) apply a muzzle or leash the dogs when they are in the streets or in other places open to the public;
b) apply a muzzle and leash the dogs carried in public places and on public means of transport.
2. owners and keepers of dogs bred as listed in the Annex shall apply to dogs on a leash and muzzled when they are both in the streets or in other place open to the public when in public places or on public transport .
3. Obligations referred to in paragraph 1 of this Article shall not apply to dogs for the blind or deaf, trained as guide dogs.
Article 3.
1. Anyone who owns or holds dogs in art. 1, paragraph 1, letter b), has an obligation to be especially vigilant about keeping the same in order to avoid any aggression to people and must take out an insurance policy against third party liability for damage caused by your dog.
Article 4.
1. Except as provided by law July 20, 2004, No 189, and 'The use of instruments that determine electrical impulses or shocks in dogs, because it provides anxiety, fear and suffering which produces, among the effects reactions from reactions of aggression which can lead to unjustified attacks, bites and attacks with serious consequences for public sull'incolumità.
Article 5.
1. Dog aggression is defined as uncontrolled subject that, unprovoked, injures or threatens to harm the physical integrity of a person or other animal through aggressive behavior is not controlled by the owner or keeper of the animal.
2. The veterinary services shall maintain an archive of dogs biting and uncontrolled aggression dogs detected, and the dogs in the schedule annexed to develop the necessary control measures to protect della incolumità pubblica.
3. L'autorità sanitaria competente, in collaborazione con l'Azienda sanitaria locale stabilisce:
a) i criteri per la classificazione del rischio da cani di proprietà con aggressività non controllata con i relativi parametri per la rilevazione;
b) i percorsi di controllo e rieducazione per la prevenzione delle morsicature;
c) l'obbligo per i proprietari dei cani cui al comma 1, di stipulare una polizza di assicurazione per la responsabilità civile per danni contro terzi causati dal proprio cane;
d) ulteriori prescrizioni e misure atte a controllare o limitare il rischio di morsicature.
4. E' vietato acquistare, possedere o detenere cani di cui all'art. 1, paragraph 1, letter b), and referred to in paragraph 1 of this Article:
a) habitual offenders or trend;
b) Who is' subjected to preventive measures or measure of personal safety;
c ) to anyone who has been convicted, whether or not ultimately culpable for a crime committed against the person or against property, punishable by imprisonment exceeding two years;
d) any person has been convicted, even if not definitive, for the crimes of which Articles 727, 544-ter, 544-quater, 544-quinques of the Criminal Code and, for those under Article. 2 of the Law of 20 July 2004, n. 189;
e) under the age of 18 years and banned or disabled by infirmity .
5. The owner or keeper of a dog in art. 1, paragraph 1, letter b), and referred to in paragraph 1 of this article is not 'able to maintain possession of the dog in accordance with the provisions of this Ordinance shall affect the competent veterinary authorities of the territory in order with the municipalities to seek appropriate solutions to management of the animal itself.
6. This Ordinance shall not apply to dogs included the armed forces, police, civil protection and fire services.
Article 6.
1. Unless the offense is not, violations of provisions of this Ordinance shall be sanctioned by government authorities, according to territorial criteria into force.
2. This Ordinance, which was sent to the Court of Auditors for recording, shall enter into force on the day of its publication in the Official Gazette of the Italian Republic and effect for one year from the said publication.
Annex List of dog breeds and cross breeds at risk of aggression under Article. 1, paragraph 1, letter b) of this order: American Bulldog
;
shepherd dog Charplanina;
Anatolian shepherd dog, sheepdog
Central Asia;
sheepdog, the Caucasus, Cane
from Serra da Estreilla;
Dogo Argentino, Fila
brazileiro;
Perro by rope majoero;
by Perro Presa Canario, Perro
taken from Mallorquin;
Pit bull, Pit bull mastiff
;
Pit bull terrier;
Rafeiro do Alentejo;
Rottweiler, Tosa Inu
.
The Dogo Argentino is one of the breeds at risk of aggression.
Unfortunately, the homeless had no criminal record and was not included in the cases provided for in Article. 5 paragraph 4 of that order.
Moral of the story: the dogo argentino
stayed with his master and the owner of the mutt could not do is file a lawsuit for damages (the dog is considered a movable thing).
PS
insurance policies for la responsbilità civile, neppure l'ombra!
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