Dog Act (LPolC) - Purpose (LPOLC)

1. The purpose of this law is to protect individuals and animals from canine attacks through preventive and punitive measures.

1. This Act applies to

a. the identification, keeping, breeding, trading and use of dogs;

b. the training of dog owners in canine education and the training of dogs;

c. the training of dog trainers and other instructors;

d. the support of prevention programs;

e. the prevention of bites;

f. measures taken against dangerous or potentially dangerous dogs and their owners.

1. Dogs are considered potentially dangerous if they belong to breeds said to be fighting breeds or naturally exhibit high aggressive tendencies, as listed by the State Council through regulatory means, as well as crossbreeds derived from these breeds.

2. Dogs are considered dangerous regardless of breed if they have a proven history, such as having previously attacked people or animals, or exhibiting high aggressive tendencies according to the results of the investigation provided in Articles 25 and following.

3. Large dogs are those whose weight exceeds twenty-five kilograms or whose height at the withers exceeds fifty-five centimeters.

1. Any person who has custody of a dog is considered the possessor.

1. For the purposes of this [article/text], "heretofore referred to as"

a. breeder: any owner or keeper whose dogs give birth to a litter;

b. breeding: any production of a litter of puppies or any keeping, even temporary, of puppies under 8 weeks of age.

1. Any sale of dogs is considered a commercial activity.

2. The placement of dogs by animal protection organizations recognized as being of public utility is not considered a commercial activity.

1. Any dog that escapes the control of its keeper is considered to be stray. The provisions of the Wildlife Act [B] remain reserved.

1. The Council of State shall regulate [C] the identification of dogs and their registration.

2. It shall regulate in particular

a. the conditions under which it recognizes a database, particularly concerning its content and quality;

b. access to data;

c. the use of data.

3. It is prohibited to modify, falsify, or alter a dog's means of identification.

1. Every dog owner must report the following to the database and the communal administration within two weeks

a. any acquisition of a dog, stating its origin, meaning the name and address of the person who transferred the animal to them;

b. any transfer of a dog, stating its destination, meaning the name and address of the new holder;

c. any change of address;

d. the death of their animal.

1. Breeders are required to report every litter to the Veterinary Service (hereinafter referred to as "the service"), except for those whose production is regularly monitored by a cynological organization approved by the commission defined in Article 32.

2. This report must be made no later than 3 months after birth and in any case before their transfer, and must include the identification of the mother and the puppies.

1. The reproduction and importation for commercial purposes of potentially dangerous dogs is prohibited. The same applies to their crossbreeding.

1. The keeping of a potentially dangerous dog is subject to authorization from the department in charge of veterinary affairs (hereinafter: the department) [D].

2. The Council of State shall determine [C] the conditions for granting the authorization, which must notably cover

- the qualities and canine knowledge of the keeper;

- the origin of the dog and its keeping conditions;

- the obligation to regularly attend dog training courses from the acquisition of the dog.

3. The keeper of a dangerous or potentially dangerous dog may not keep another dog in their household, regardless of its breed, size, or weight, except with the authorization of the department.

4. The department may also attach specific conditions to the authorization.

1. A person is considered a walker if they are neither the owner nor the habitual keeper of one or more dogs that are entrusted to them for walking.

2. A person is not considered a walker if they share a household with the habitual keeper of the dog or dogs entrusted to them for walking.

3. The walker cannot have more than two dogs under their care simultaneously, of which only one can be a potentially dangerous dog, for which they must have the corresponding holding permit. For professional dog walkers, federal provisions regarding animal care apply.

4. In public areas, including forests, the walker must at all times take measures to control the dog or dogs in their care. In the case of potentially dangerous or large dogs, the walker has the duty to have them wear a muzzle if safety circumstances so require.

5. Unless granted an exceptional exemption by the cantonal veterinarian, the walker cannot have under their care a dog subject to a proximity measure, an intervention measure, or a provisional measure.

1. Each year, the service communicates to the municipalities the list of dogs established on their territory that are registered in the database.

1. Dog breeding must aim to produce dogs with a balanced temperament and that are not aggressive towards humans and animals.

2. The breeder must ensure that their puppies are provided with conditions that allow them to achieve a level of socialization suitable for the living conditions for which they are intended.

1. Every dog owner must have liability insurance.

1. The holder must maintain sufficient socialization of their dog with humans and other animals.

2. Every dog holder must be able to control the dog at any time by means of sound or gesture, especially in the presence of the public or other animals. If not, the dog must be kept on a leash and, if necessary, wear a muzzle. In cases where such a measure appears sufficient, the use of a bite sleeve instead of a muzzle may be tolerated.

3. The provisions of the wildlife law [B] remain reserved.

**1. Municipalities may designate public places where dogs are prohibited as well as those where leashing is mandatory. They shall implement the individual measures provided for in Article 26.**

2. In buildings open to the public, public transport, schoolyards, and children's playgrounds, dogs, regardless of breed, must be kept on a short leash unless access to these places is prohibited to them under paragraph 1.

3. During public events, dogs, regardless of breed, must also be kept on a short leash. Furthermore, the wearing of a muzzle or a dental appliance is mandatory for potentially dangerous dogs, as well as for dogs subject to a proximity or intervention measure.

4. These obligations do not apply to dogs that play an active role in a public event, mainly to those appearing in a show or procession, unless they are subject to a proximity or intervention measure.

5. Potentially dangerous dogs are not required to wear a muzzle during dog shows. Dogs subject to a proximity or intervention measure are not admitted to such events.

1. It is prohibited

a. to provoke aggressive behavior in dogs. Activities of approved cynological clubs are reserved. The Council of State shall determine the conditions for approval;

b. to train dogs to hang by their mouth from a tree or any other object;

c. to overtly inconvenience passers-by with dogs;

d. to offer for sale or place dogs considered dangerous.

1. Articles 7, 11, 12, 17, and 18, letter a) do not apply to dogs used during training and operations by police forces, border guards, the army, as well as security officers who have successfully passed an examination with the police, in accordance with the inter-cantonal concordat on security companies of October 18, 1996 [E].

2. Paragraph 1 applies by analogy to dogs used in rescue operations and those used for the protection of herds.

3. The training conditions for intervention dogs of police forces are the subject of directives from the commander of the cantonal police established in collaboration with the cantonal veterinarian.

1. Any breeder or keeper who has lost a dog must report it without delay to the police or the cantonal shelter.

1. Any stray dog must be reported to the police. It is seized to be impounded. If the seizure presents a serious danger or proves to be impossible, it may be put down on the spot by a representative of the authority.

1. The costs for identifying a dog by the cantonal pound and the costs for police intervention or the actions of cantonal pound employees for the recovery of a dog shall be borne by the dog's owner.

2. The final and enforceable decision regarding these costs serves as a warrant for execution within the meaning of Article 80 of the Federal Act on Debt Collection and Bankruptcy [F].

1. Any owner whose dog has injured a person or another animal by biting must provide assistance to that person or animal and report the incident to the nearest police station or law enforcement service.

2. Reports concerning intervention dogs of police agencies, border guards, and the military are governed by a special procedure set by the Council of State. This procedure will differentiate between situations depending on whether the bite occurred in the context of the dog's intervention work or in a private setting.

1. Veterinarians, physicians, municipalities, police authorities, and dog trainers are obliged to report to the service cases where a dog

a. has injured or attacked human beings or animals;

b. exhibits high aggressive tendencies or signs of behavioral disorders that are problematic from a safety perspective.

1. When aware of a case of aggression, bite, or suspicion of aggressiveness, the service examines the case and assesses the advisability of conducting an investigation. To carry it out, it seeks assistance from local authorities.

1. Any dog suspected of aggression shall be subject to a behavioural assessment. Where applicable, upon prefectoral notice, it shall be immediately impounded and taken to a dog pound.

2. The service is competent to order a behavioural assessment and to propose to municipalities proximity measures to be taken against the dog or the owner, including imposing

a. dog training classes;

b. keeping the dog on a leash;

c. the use of a dental device;

d. the wearing of a muzzle;

e. the designation of persons authorised to own the dog;

f. euthanasia, in the event of recurrence or serious problems.

3. The costs of impoundment, behavioural assessment, and potential euthanasia shall be borne by the owner.

4. The final and enforceable decision relating to these costs shall constitute a release document within the meaning of Article 80 of the Federal Act on Debt Enforcement and Bankruptcy [F].

1. Any owner or keeper of a dog is required to provide the department, as well as the experts designated by the latter, with the requested information.

2. During an investigation or a behavioral assessment, to the extent necessary for the execution of its duties, the department, through its duly sworn-in collaborators, may access premises, facilities, vehicles, objects, and animals, even without the authorization of the entitled party.

3. It may, through the intermediary of the prefect, resort to the use of public force.

1. In addition to the proximity measures provided for in Article 26, the service shall take graduated intervention measures based on the extent of the dog's aggressive dispositions or the handler's lack of capacity to manage it, such as

a. ordering behavioral therapy for the dog;

b. prohibiting the keeping of a particular dog;

c. imposing a temporary or definitive prohibition on keeping a dog;

d. ordering sterilization or castration;

e. ordering the euthanasia of a dog or a litter, subject to Article 120 of the Rural and Land Code [G];

f. ordering the confiscation of the dog for rehoming.

2. It shall take appropriate measures against kennels and commercial establishments whose products are deemed aggressive. These measures may extend to prohibiting the practice of breeding or commerce.

3. The service may delegate certain tasks falling under its authority to municipalities possessing the necessary infrastructure and competent personnel.

4. Proximity or intervention measures concerning intervention dogs of police forces, border guards, and the army are governed by a special procedure established by the Council of State [C].

1. Any person against whom a ban on owning a dog has been pronounced, and wishing to acquire a new dog, must obtain authorization from the service.

2. This authorization is granted under the following conditions

a. successful completion of the examination provided for in Article 31;

b. a positive evaluation established by the service within 6 months following the acquisition of a new dog.

3. If the ban was pronounced definitively, the person may request a re-examination of their situation after a period of 5 years. In this case, paragraphs 1 and 2 are applicable.

1. Anyone providing dog education courses, bite training, bite accident prevention, or other services related to dog education or behavior must hold a permit issued by the service.

2. The State Council [C] defines the different types of permits issued according to the profile of the holders or the dogs being handled.

3. The State Council sets the conditions for the granting and withdrawal of permits.

4. Veterinarian behaviorists are exempt from the permit requirement, as are veterinarians providing advice on canine education during veterinary consultations.

1. Training provided to dog educators must be recognized by the Federal Veterinary Office.

2. The cantonal veterinarian may recognize other training programs provided that it is established that these programs offer knowledge and skills comparable to those recognized by the Federal Veterinary Office.

3. The costs are the responsibility of the person attending these training programs.

1. The State and municipalities may financially support prevention programs for children.

1. The cantonal veterinarian may allocate a grant, in the form of financial aid, to private or public entities implementing a bite prevention program for children (hereinafter: BPP) and holding the necessary authorizations for this purpose.

2. The total amount of grants awarded for BPPs is limited by the budget credit allocated in this area in the ordinary budget of the Department in charge of veterinary affairs [D].

3. The grant is awarded for a duration of one year based on a decision that sets the charges and conditions to which it is subject. It is based on the BPP activity plan deployed by the subsidized entity and the budget of said plan. The grant must meet a need for the subsidized entity and enable it either to reach a larger number of children than without the grant, or to compensate for all or part of the costs not covered by a rebilling.

4. The grant generally consists of a lump sum per child or class affected by the BPP.

5. The cantonal veterinarian is the authority responsible for the monitoring and control of the grants awarded. They ensure that the grant provided is used in accordance with the intended allocation and that the conditions and charges to which it is subject are respected by the beneficiary. For this purpose, the cantonal veterinarian may request any useful documents.

6. The subsidized entity is subject to the obligation to report in accordance with Article 19 of the Grants Act [H].

7. The cantonal veterinarian may suspend, reduce, or require the total or partial repayment of the grant under the conditions of Articles 29 to 31 of the Grants Act.

1. Without prejudice to the application of other measures provided for by this law, any violation of one of its provisions is punishable by a fine of up to 20,000 francs.

1. The department collects a fee from the owners of potentially dangerous dogs concerning the authorization for ownership as defined in Article 12 of this law.

1. Owners and possessors of potentially dangerous or dangerous dogs have a period of 6 months to register their dogs with the department from the date of publication of the list established by the Council of State in accordance with Article 3, paragraph 1 of this law.

2. In derogation of the Administrative Procedure Act [I], the period for lodging an appeal against decisions made under the present law is twenty days in cases of confiscation, euthanasia, as well as provisional measures such as sequestration.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the Cantonal Constitution and shall determine, by way of decree, the date of its entry into force.