Dogs Act (HuG) - Purpose and Subject Matter (HuG)

1. This law aims to ensure the safe and responsible handling of dogs.

2. It regulates

a) the competencies in canine matters,

b) the duties of dog owners,

c) the handling of dangerous dogs,

d) the dog control,

e) the dog tax.

1. The municipalities are responsible for the enforcement of this law, subject to § 3.

2. They fulfill the following tasks in particular

a) They conduct dog control,

b) they collect the dog tax,

c) they ensure there are adequate facilities for disposing of dog waste within the municipal area,

d) they handle stray dogs and found dogs in accordance with § 8,

e) they verify whether dog owners possess the certificates of competence as per Art. 68 of the Federal Animal Protection Ordinance (TSchV) of April 23, 2008.

1. The canton is responsible for the enforcement of regulations concerning dangerous dogs and, with the cooperation of the municipalities, ensures the implementation of federal animal protection and animal disease legislation.

2. The government council may take measures that serve to ensure the safe, responsible, and animal-appropriate handling of dogs. For this purpose, it may support campaigns and projects.

1. The municipalities and the canton cooperate in the implementation of this law. For this purpose, they particularly provide each other with the necessary data required to fulfill their legal obligations.

1. Dog Owners are Obligated

a) to keep their dog in such a manner that people and animals are not endangered or excessively disturbed,

b) to keep their dog under their supervision and control at all times,

c) to keep their dog in such a manner that does not harm the environment,

d) to collect and dispose of dog waste,

e) to ensure that third parties entrusted with the dog are capable of fulfilling the dog ownership duties.

2. The government council regulates the specific duties of dog owners.

3. Municipalities may enact additional regulations with local relevance; in particular, they may designate dog-free zones and impose a locally restricted leash requirement.

4. Within the scope of their responsibilities, municipalities shall order measures in accordance with § 18 para. 1 letters a-d in case of breach of dog ownership duties.

5. The rights and obligations of dog owners in other legislation, particularly in hunting and nature conservation laws, remain unaffected.

1. Dog Owners are obliged to provide the competent authorities with the information necessary for the enforcement of this law and to cooperate without charge in determining the facts of the case.

1. For the administration of dog control, dog owners must report to the municipality the keeping of any dog over the age of three months. The reporting obligation also includes

a) a change of ownership,

b) the death of the dog,

c) any change in the name or address of the owner, and

d) measures ordered by another canton pursuant to § 9 para. 4.

2. With the report, dog owners must submit to the municipality a copy of

a) the dog identification card in accordance with Art. 18 of the Federal Animal Epidemics Ordinance (TSV) of 27 June 1995,

b) the certificates of competence in accordance with Art. 68 of the Animal Protection Ordinance (TSchV).

3. The government council designates the registration office according to the requirements of federal law. The municipalities have free access to data on dog ownership in their municipality.

1. Municipalities capture stray dogs. They provide appropriate accommodation for these dogs as well as found dogs, provided the latter do not remain in the custody of the finder.

2. They bear the costs for the accommodation and care they arranged for a period of two months. The cost liability of the owner remains reserved.

1. If there are indications that a dog poses a threat to humans or animals, the competent cantonal authority shall review the facts of the case. For this purpose, it may inspect the keeping of the dog and conduct a behavioral assessment of the dog.

2. The competent cantonal authority shall order the measures necessary to protect humans and animals in accordance with § 18.

3. If measures are ordered pursuant to paragraph 2, the costs for the preceding investigations pursuant to paragraph 1 shall be borne by the dog owner.

4. Measures ordered in other cantons in accordance with paragraph 2, which are legally binding, also apply in the canton of Aargau.

5. Upon the relocation of dog owners to another canton, the competent cantonal authority shall inform the enforcement authority of the new canton of residence about orders issued in the canton of Aargau pursuant to paragraph 2.

1. The ownership of a dog belonging to a breed type with increased risk potential requires prior authorization from the canton.

2. Paragraph 1 also applies to crossbreeds and dogs whose appearance suggests that they descend from a breed type with increased risk potential.

3. If there is any doubt as to whether an authorization must be obtained for the ownership of a dog, the competent cantonal authority shall make the decision. The costs for expert evaluations are to be borne by the applicant if they are required to obtain authorization.

4. The government council shall regulate the details, particularly designating the breed types with increased risk potential (breed type list).

1. The Authorization to Keep a Dog with Increased Hazard Potential is Granted if the Applicant

a) is at least 18 years old,

b) has not been convicted of offenses that call into question their ability to responsibly handle the dog, or is not currently under criminal investigation for such offenses,

c) provides proof of adequate liability insurance,

d) provides proof of sufficient cynological expertise, and

e) offers assurance of appropriate and responsible dog ownership based on personal and financial circumstances.

2. The Government Council shall regulate the procedure and specify the requirements according to paragraph 1, points b-e.

1. The entitlement to keep a dog with increased danger potential is subject to the condition that the owner, within a period to be determined by the governing council,

a) completes a special dog training course,

b) takes an examination to demonstrate the acquired skills.

2. If the owner does not comply with the conditions described in paragraph 1 or fails the examination, the competent cantonal authority shall order the necessary measures to protect the public. § 9 applies mutatis mutandis.

3. The governing council regulates

a) the recognition of dog training courses and examinations,

b) the content and scope of the training courses,

c) the conduct of the examinations.

1. The authorization to keep a dog with an increased risk potential is terminated

a) one year after issuance if no dog has been acquired in the meantime,

b) upon the death of the holder,

c) upon the death of the dog,

d) in the event of a change of ownership.

2. The authorization is revoked if

a) facts are subsequently established that would have led to its denial,

b) the holder has been convicted by final judgment for offenses according to § 11 para. 1 lit. b,

c) there is no longer sufficient liability insurance according to § 11 para. 1 lit. c.

3. If a dog with an increased risk potential is kept without authorization, the competent cantonal authority shall order the necessary measures according to § 18 para. 1 lit. a-d.

1. Dogs with an increased potential for danger must be led on a short leash and as single dogs in publicly accessible areas.

2. Exempt from the leash requirement according to paragraph 1 are dogs that are led by the holder of the keeping authorization. § 9 para. 2 is reserved.

1. Permits issued in other cantons or abroad for keeping dogs with increased danger potential are to be recognized in the Canton of Aargau, provided that an equivalent level of protection is ensured.

2. Paragraph 1 applies accordingly to dog training courses and examinations completed in other cantons or abroad.

3. The government council shall regulate the details.

1. For every dog older than three months that is kept in the canton, the owner is required to pay a dog tax, which is levied annually by the municipalities.

2. The amount of the dog tax is uniformly determined by the Council of State for the entire canton. It amounts to a maximum of CHF 150.

3. No dog tax is levied for

a) service dogs with special functions designated by the Council of State through ordinance,

b) dogs in animal shelters that are to be placed with new owners.

4. The Council of State regulates the details.

1. The revenue from the dog tax accrues to the municipality in which the dog is kept, subject to paragraph 2. The municipality's share amounts to at least CHF 100 per dog.

2. Municipalities shall pay a levy to the canton for each dog subject to taxation, as determined by the government council. The levy amounts to a maximum of CHF 20 per dog.

1. The competent authorities shall take the necessary measures to fulfill the tasks assigned to them. In particular, they may

a) impose conditions on dog ownership,

b) order precautionary or definitive confiscation,

c) order rehoming,

d) order euthanasia, or

e) impose a ban on dog ownership.

2. If measures according to paragraph 1 are ordered, the costs shall be borne by the dog owner.

3. If a dog is confiscated, the dog owner must provide an appropriate security deposit of no more than CHF 2,000 to secure claims arising from the accommodation and care of the dog.

4. If the security deposit is not provided, the competent authority may order immediate rehoming. If rehoming is not possible within a reasonable period of time or if the prospects for rehoming are deemed low from the outset, euthanasia may be ordered.

1. Intentional or negligent violations of §§ 5 para. 1, 6, 7 para. 1 and 2, 10 para. 1 and 2, 14 para. 1, 16 para. 1, and 20 para. 1, as well as enforcement decrees issued pursuant thereto, shall be punished with a fine of up to CHF 10,000.

2. In cases of offenses within the jurisdiction of the municipalities, the municipal council may issue fines of up to CHF 2,000 by penal order. The provisions of the municipal legislation shall apply to the procedure.

1. Anyone who keeps a dog with an increased risk potential must apply for a keeping permit in accordance with § 10 within six months of the entry into force of this law.

2. The government council shall regulate the details, and in particular, it provides for exemptions from the training requirement according to § 12 paragraph 1 letter a, if the previous keeping of a dog with increased risk potential has not given rise to any complaints.

3. The contributions previously granted pursuant to § 7a of the Law on Keeping and Taxing Dogs of November 30, 1871, will be financed from the revenue of the canton from the dog tax until a new financing regulation comes into force, but for no longer than a period of three years.

1. This law shall be published in the official collection of laws once it has been approved by the people. The government council shall determine the date of its entry into force.