Administrative regulation on the ownership and walking of dogs

(Dog owners regulation - HundehV) of July 2000 § 1 Owning of Dogs § 2 Walking of Dogs § 3 Leash and muzzle obligation § 4 Prohibition to take along § 5 Prohibition of Owning Dogs and Killing of Dogs § 6 Obligation on Reporting and Marking of the Dog § 7 Breeding, Training and Guard training § 8 Dangerous Dogs § 9 Prohibition of Trade § 10 Obligation to obtain licence § 11 Dog Knowledge § 12 Reliability § 13 Handing over and acquisition of dangerous dogs § 14 Violation of Administrative Regulations § 15 Exceptional Provisions § 16 Temporary Provisions § 12 Coming-into Effect, Losing Effect Based on § 25 para. 1 of the Administrative Authorities Act in ist version published on 21 August 1996 (GVBl. I p. 266) the Minister of the Interior passes the following ordinance:

§1 Owning of Dogs A fenced property, on which a dog is kept, shall be adequately secured against an unintended escape of the dog. Dangerous dogs, with the exception of the dogs in the sense of § 8 para. 2, shall be kept in such a fashion that they cannot leave the fenced property against the will of the dog owner (escape-safe fence). All gates to the escape-safe fenced property shall be marked by clearly visible warning signs saying „Beware, dangerous dog!" or „Beware, dog bites!". The ownership of dogs in the sense of § 8 para. 2 shall be forbidden. Dangerous dogs may not be kept in multi-family houses. Such persons may be exempted from the prohibition according to the first sentence, who obtain a permission according to § 10, if, taking into consideration the local circumstances, it can be ensured that there's no danger for people, animals or objects.

§ 2 Walking of Dogs The persons who walk dogs outside fenced properties, have to be physically and mentally capable of watching the dog at any time in such a manner that people, animals or objects are not at risk. The dog handler has to constantly observe the dog and walk him safely. Dangerous dogs may only be walked by persons, who are above 18 years old, have the necessary reliability according to § 12 and have supplied sufficient proof for the necessary knowledge according to § 11 for the dangerous dog to be walked or another dangerous dog. No person may walk more than 3 dogs at a time. AnywEine Person darf nicht mehr als drei Hunde gleichzeitig führen. If the dog handler is not yet 18 years old, he may only walk one dog. A dangerous dog may not be walked simultaneously with one or several other dogs. Outside of fenced properties dogs shall wear collars indicating name and address of the dog owners. Dangerous dogs which are kept in the State of Brandenburg, additionally shall wear a tag visibly on their collar. Such tag shall be red, round, bear the State Coat of Arms and shall bear a projecting print and have a diameter of 40 millimeters. Dogs in the sense of § 8 para. 3 that have been granted a „negative certificate", shall also wear a visible tag on the collar. Such tag shall be green, round shape, bear the State Coat of Arms and shall bear a projecting print and have a diameter of 40 millimeters. The owner of a dangerous dog shall carry the permission according to § 10 with him outside of fenced properties and hand it to the competent authorities upon request. The handler of a dog in the sense of § 8 para. 3 shall carry with him the negative certificate outside of fenced properties and hand it to the competent authorities upon request. Dangerous dogs, which are kept outside the State Brandenburg, when inside of Brandenburg shall wear on their collar besides name and address of the dog owner a tag according to para 3 2nd and 4th sentence, insofar as such a marking is prescribed by the regulations of that outside state. The dog owner shall ensure that the dog does not get outside the fenced property unguarded. Dogs may only be given to people that guarantee that the provisions of this regulations are properly observed.

§ 3 Leash and muzzle obligation Dogs are to be walked on leash at public gatherings, marches, in elevators, fests or other events with crowds of people, at sports- and camping grounds, in fenced or otherwise limited park, garden or green areas open to the public, in shopping centers, pedestrian zones, administrative buildings and public transportation means and in multi-family houses on paths to the house, in stairways or other commonly used rooms in such a fashion that persons, animals or objects may not be endangered. The leash shall be untearable and may not exceed a maximum length of 2 m. Moreover, a dog that is considered dangerous outside of fenced properties is to be constantly walked on a leash not longer than 2m and untearable. The leash obligation according to para. 1 shall not apply in the areas indicated as dog areas, if the dog wears a muzzle capable of preventing biting. All dogs shall wear muzzles capable of preventing biting in administrative buildings and public transportation. Moreover, a dog considered to be dangerous, shall be muzzled outside his fenced property. Communal legal provisions relating to an additional leash obligation or to a muzzle obligation yet exceeding the regulations shall remain unaffected.

§ 4 Prohibition of taking along Dogs may not be taken along to play grounds, rest meadows, if they are marked as such, and outdoor swimming pools as well as public swimming areas marked as such § 3 para. 4 shall apply accordingly.

§ 5 Prohibition of the ownership of dogs and killing of dogs The local town office shall prohibit the owning of a dog, if facts justify the assumption that the condition for a permit according to § 7 para. 1 and § 10 para. 2 are not fulfilled or if the ownership causes a danger for life or health of people or animals. This has to be particularly assumed if the dog is kept by a person that does not possess the necessary reliability for the handling of dogs. If a dog has severely injured a person or animal, the competent authority may demand the confiscation and euthanization of the dog.

§ 6 Obligation on reporting and marking a dog The owner of a dog with a height of at least 40 cm at the withers and a weight of at least 20 kg has to report such dog to the authorities without delay and present the proof of reliability in the sense of § 12. A dog in the sense of para 1 above has to be permanently marked at the expense of the owner with a microchip transponder according to ISO standards. The identity of the dog (breed, weight, size, age, color and chipnumber) shall be reported to the local town office together with the report to be made according to para. 1.

§ 7 Breeding and training When breeding dogs, the breeder shall ensure a largest possible variety of genetic character traits instead to a selective increast of genetic aggression traits. The breeding of and with dangerous dogs is forbidden. The breeding of the dog breeds mentioned under § 8 para. 3 shall be subject to a prior permisstion of the local town office. Such permission may only be granted if the conditions of para. 1 above and § 10 para. 2, sentences 1 to 5 are met. § 10 para. 3, sentence 1, 3 and 4 and para. 5 and 6 shall apply mutatis mutandis. Dogs may not be trained to be dangerous dogs in the sense of § 8 para. 1 by meaning of training or handling of the dogs. During education, training and raising of a dog a particular focus shall be placed on the raising of a dog which is socially compatible with people and animals and always obeys its owner.

§ 8 Dangerous Dogs Dangerous dogs in the sense of this regulation are: Dogs which based on breed specific traits, breeding, education and training, are assumed to have a willingness to fight, level of aggression, toughness or another trait hazardous to people or animals and similar in its effect, which goes beyond the natural level, Dogs that are considered to be prone to bite, because they have injured a person or animal by biting without having themselves be attacked or provoked by being hit or similar, or becuase they have bitten another dog despite his visible dog typical gestures of submission, Dogs that have shown through their behavior that they uncontrolled chase or kill game or other animals, or Dogs that, without having themselves been attacked or provoked, have repeatedly endangered people or jumped at them in a dangerous manner. Dogs of the following breeds or groups as well as the crosses between them or with other dogs shall be considered based on breed specific traits or breeding as dangerous dogs in the sense of para. 1, 1st sentence: American Pitbull Terrier, American Staffordshire Terrier, Bullterrier, Staffordshire Bullterrier and Tosa Inu. Particularly for the following breeds or groups as well as the crosses between them and with other dogs the characteristics of a dangerous dog are assumed based on breed specific traits and breeding int the sense of para. 1, unless the dog owner on an individual basis has supplied proof to the local town office that the dog does not possess an increased willingness to fight, aggression, sharpness or other similar trait towards people or animals: Alano, Bullmastiff, Cane Corso, Dobermann, Dogo Argentino, Dogue de Bordeaux, Fila Brasileiro, Mastiff, Mastin Español, Mastino Napoletano, Perro de Presa Canario, Perro de Presa Mallorquin and Rottweiler. Such proof according to sentence 1 is only permitted for those dogs which are at least one year old. The local town office shall supply a certificate (Negative certificate) on the proof according to sentence 1. Before the owner shall have his dog permanently marked by means of a microchip transponder according to ISO standard and supply proof for the marking as well as for his reliability according to § 12. Together with the negative certificate the dog owner shall receive a tag according to § 2 para 3 4th sentence. Every two years after granting of the negative certificate the owner shall supply new proof for the conditions of the certificate. The negative certificate shall lose its validity with the change of the owner as well as upon determination of the danger of the dog.

§ 9 Prohibition of Trading The commercial trading of dangerous dogs shall be forbidden. Persons, which have a permission according to § 7 para. 1 3rd sentence shall be excluded from the prohibition according to sentence 1 above.

§ 10 Obligation to obtain license Any person that wants to train a dangerous dog or own a dangerous dog with the exception of the dogs in the sense of § 8 para. 2, shall require the permission of the local town authoritites. Such permission may only be granted, if the applicant is at least 18 years old the applicant possesses the knowledge necessary according to § 11, no facts justify the assumption that the applicant does not have the reliability necessary according to § 12, the rooms, facilities and outdoor enclosures intended for the keeping, instruction and training enable an appropriate and escape-proof accommodation, the freedom from bodily harm of people and animals is not endangered and the applicant, insofar as he applied for the ownership of a dangerous dog, proves a legitimate interest in such ownership. A legitimate interest in the ownership of a dangerous dog may particularly given if such ownership serves for the guarding of a particularly endangered property. The permission may be temporary and revocable as well as subject to conditions and obligations. The permission for the ownership shall be granted subject to the condition that the dog is permanently marked with a microchip transponder according to ISO standards and that it is castrated or sterilized. Conditions may also be added subsequently, changed or amended. The permission shall be revoked if it gets known at a later time that one of the conditions according to para. 2 had not been met at the time of the granting or if any of the conditions no longer are fulfilled after the granting of the permission. If a dangerous dog in the sense of § 8 para. 3 is not yet one year old, a temporary permission may be granted, in deviation of para 2, also without the proof of a legitimate interest or the conditions of castration or sterilization. After the granting of the permission the owner has to prove the necessary knowledge and reliability every two years again. Sentence 1 shall likewise apply for the instruction and training of dangerous dogs. The permission shall be granted by the local town clerk's office in cooperation with the competent veterinary and food supervision authority.

§ 11 Knowledge A person is considered to possess the knowledge required in the sense of § 10 para. 2, 2nd sentence, if he possesses the knowledge and abilities to keep and walk a dangerous dog at any time in such a fashion that no dangers are caused for people, animals and objects. The proof of the required knowledge shall be supplied to the town clerk's office by means of a knowledge test. An education as guard dog handler for the Federal and State authorities is considered proof of the required knowledge.

§ 12 Reliability The necessary reliability in the sense of §§ 2, 5 para. 1 and of §§ 6 and 10 para. 2 3rd sentence is usually not assumed for persons who have been issued with a final sentence particularly for intentional assault on life or health, rape, procuring, breach of peace or trespassing, obstruction of an officer, a criminal offence endangering public safety or a criminal offence against property and fortune, for an offence committed under the influence of alcohol at least twice or for a crime against the Animal Protection Act, the Weapons Act, the Act on the Control of Combat Weapons, the Act on Explosives or the Federal Hunting Act. if the becoming final of the last sentence was less than five years ago. This period of time shall not include the time during which the applicant was kept in an institution by official order. The necessary reliability is generally not assumed for those further persons who have violated repeatedly or severely the regulations of the Animal Protection Act, The Weapons Act, the Act on the Control of Combat Weapons, the Explosives Act or the Federal Hunting Act or against the §§ 1, 2, 3 para. 1 and 3, §§ 4, 6, 7, 8, 10 para. 1 and 4 as well as §§ 13 and 16 of this edict, based on a mental disease or mental or emotional handicap are persons looked after in the sense of § § 1896 German Civil Code, are addicted to alcohol or drugs or who cannot prove a fixed domicile. A police certificate of criminal records according to the provisions of the Central Criminal Register shall be supplied as proof of reliability. If any facts are known that justify doubts against the reliability in the sense of para. 2, 3rd sentence, the local town clerk's office may demand from the applicant the submission of an expert opinion issued by a medial officer or specialized doctor.

§ 13 Handing over and Acquisition of dangerous dogs Handing over a dangerous dog with the object of giving up the dog keeping is only permitted to persons who have a permission according to § 10 for the ownership of this dog. The former dog owner shall immediately notify his competent town clerk's office of his giving up the dog keeping as well as of the name and address of the person acquiring the dog. The person acquiring the dog shall immediately notify his competent town clerk's office on the acquisition of the dangerous dog. Para 1 2nd and 3rd sentence shall apply accordingly to the handing over and acquisition of a dog for which a negative certificate was issued. If the dog will be kept outside of Brandenburg the dog may be handed over in deviation of para 1 1st sentence. Para 1 2nd sentence remains valid.

§ 14 Violation of Administrative Regulations (1) A person violates the administrative regulation, if he willfully or negligently contrary to § 1 para. 1 does not appropriately secure the fenced property, contrary to § 1 para. 2 does not secure the property with escape-proof fences or mark all accesses to the fenced property with the required warning signs, contrary to § 1 para. 2 keeps dogs in the sense of § 8 para. 2, contrary to § 1 para. 3 keeps dangerous dogs in multiple dwellings, contrary to § 2 para. 1 walks dogs, contrary to § 2 para. 2 simultaneously walks several dogs, contrary to § 2 para. 3 and 5 does not put the prescribed colar on the dog, contrary to § 2 para. 4 does not carry with him or hand over the permit or negative certificate, contrary to § 2 para. 6 leaves dogs with persons that do not fulfil the conditions of § 2 para 1 and who do not guarantee the observation of § 2 para 2 and 3 and of §§ 3 and 4, contrary to § 3 para. 1 does not walk dogs on the required leash, contrary to § 3 para 3 does not put the muzzle on his dog, contrary to § 4 takes dogs with him, contrary to a prohibition according to § 5 para 1 keeps dogs, contrary to § 6 does not immediately report the dog keeping, contrary to § 7 breeds, instructs or trains dogs, contrary to § 9 puts dangerous dogs in circulation, contrary to § 10 para 1 keeps, instructs or trains dangerous dogs without the necessary town clerk's office permit or who violates the conditions connected with such permit, contrary to § 13 does not immediately give the town clerk's office the mentioned information or does not immediately notify of the acquisition of the dog or contrary to § 16 para. 2 does not immediately report the dog keeping to the town clerk's office. The violation in the cases of para. 1 Sentence 3, 15, 16, 17 and 19 may be punished with a fine of up to DM 20,000, in the other cases with a fine of up to DM 10,000. Additionally, the confiscation of the dog may be requested.

§ 15 Exceptional Provisions The regulation shall not apply to working dogs of the police, border guard, customs, German Military, Rescue Service as well as of the disaster control as well as to hunting and sheep guard dogs, in so far as these are utilized in the frame of their respective purpose. The provision of § 4 shall not apply to seeing eye dogs and dogs for disabled people.

§ 16 Temporary Provisions For the owner of a dangerous dog who on 1 August 2000 is in possession of a permission for the keeing of a dangerous dog or for the owner of a dangerous dog in the sense of § 8 para 2 who on 1 August 2000 possesses a negative certificate for this dog, § 1 para. 2 3rd sentence shall not be applicable and the obligation to obtain a permission in accordance with § 10 shall apply with the proviso that a proof of justified interest for the owning of this dangerous dog is not necessary. Apart from this § 10 applies unchanged. For the owner of a dangerous dog in the sense of § 8 para. 2 who on 1 August 2000 possesses a negative certificate for such dog and for a person who on 1 August 2000 owns a dangerous dog in the sense of § 8 para 3, sentence 1, 3, 4, 11, 12 and 13, the obligation to obtain a permission according to § 10 para 1 shall apply only as from 1 November 2000. The owners shall immediately notify the competent local town clerk's office of the keeping of the dog.

§ 17 Coming into effect, Losing Effect This regulation shall be in force and effect on the day after first publication. In deviation of para 1 § 2 para 3 2nd and 4th sentence shall come into effect on 1 October 2000. With the coming into effect of this regulation the dog owners regulation of 12 June 1998 (GVBl. II p. 418) shall lose effect.

Potsdam, 25 July 2000 Minster of the Interior Jörg Schönbohm

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