COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, May 14, 2018
QUESTION NO.13
QUESTION: Councillor L. O'Toole
To ask the Chief Executive to report on the protocol regarding horses which are placed on private and public lands. To include who is responsible the ownership of the horses on the lands, how licenses are provided and who is responsible for removing them if warranted.
REPLY:
The Animal Health and Welfare Act 2013 puts a legal responsibility on the owner of any protected animal (including companion animals) to provide for the animals’ needs and makes it an offence for a person to abandon an animal in his or her possession or under his or her control.
The Act imposes a duty on persons who have in their possession or control a protected animal to safeguard the health and welfare of the animal. Consequently, landowners or tenants are also responsible for the wellbeing of any animal left on land or at any premises registered to them. If a case of neglect is found on the premises or land on which the animals have been abandoned, the person in occupation of the land is deemed to be the legal guardian of the animals.
The Act specifically provides that in proceedings for an offence under the 2013 Act, the animal is presumed to be owned by the occupier or person in charge of the land or premises on which it was found unless the contrary is shown.
Under the Control of Horses Act 1996, all local authorities are responsible for the control of horses in their areas. The Council's (Control of Horses) Bye-Laws 2014 were adopted on 10th February 2014 and implemented with effect from 12th March 2014. These Byelaws are actively enforced and provide the Council with stronger tools to deal with issues which impact negatively on communities and animals alike. The provisions of the Act and the Bye-Laws are fully utilised to reduce the number of horses that are being kept unlawfully (without licence / passport) in unsuitable conditions, or in areas where their presence has an adverse effect on the community.
All reports of loose/stray horses on public lands which are received from public representatives, members of the public and Council staff are referred in a timely manner to the contractor engaged by the Council for the provision and operation of the horse seizure service and horse pound facility. All seized horses are taken to the horse pound facility where they are microchipped on arrival, (if not already microchipped) and examined by a veterinary practitioner. Horses which are unsuitable for re-homing or not reclaimed by their owners within a period of five days from the date of seizure and detention the Council (or Garda Superintendent) may be dispose of by way of sale, destruction or re-homing.
Applications for reclaim are considered carefully and equines may be released to the owner or keeper of the horse only upon provision of a suite of relevant documentation to the Council, including proof of ownership, horse licence, passport, detail on suitability of location where the horse is to be kept etc.
The Council engages with private landowners where it comes to attention that horse/horses are present on such lands and for which concern is raised about the animal's welfare. Landowners are advised of the provisions of Section 18(5) of the Control of Horses Act 1996 (the Act) which states – ‘the occupier of any premises within a control area where a horse is found who is not the owner of that horse shall be deemed to be the person who keeps or has charge or control of the horse’. Landowners are therefore required to arrange for the removal of all/any horses kept on private lands where horses are not licenced to the landowner. Similarly, landowners are also advised that all efforts should be made to ensure that the lands are secured to prevent any further illegal trespass.
Anyone owning or keeping a horse or similar animal, must have it microchipped and must have an official identification document, known as a horse passport. Passports are available from a number of agencies including Horse Sport Ireland
(1st Floor, Beech House, Millennium Park, Osberstown, Naas, Co. Kildare. Telephone: 045 850800)
The entire area of South Dublin Councty is designated as a control area, so anyone living in South Dublin County (with certain exemptions) needs a licence in order to keep a horse. A licence normally lasts for a year and costs €30 per application. The following provisions apply to an application for a horse licence:
- You must be 16 years of age or older to apply or the head of the household applies
- When applying for a licence, you must satisfy that you are a fit person to keep a horse and that the horse will be properly maintained and stabled.
- If a person under 16 owns a horse, the head of the household in which the under 16 year old lives is considered to be the owner (as horses may not be sold to anyone under 16 years of age).
Where a horse is kept under a horse licence, granted by the Council, at a premises within the control area the following shall apply:
(1) The premises shall at all times be suitable as regards construction, size, number of occupants, lighting, ventilation, drainage and cleanliness
(2) An exercising area of adequate dimension shall be provided for the horse
(3) An adequate supply of potable water shall be constantly available
(4) An adequate amount of wholesome and suitable food shall be supplied regularly to the horse
(5) Where the horse is not at grass, food shall be stored in a dry, secure and suitable place and suitable bedding material shall be provided
(6) Where the horse is kept at grass, there shall be maintained at all times adequate pasture and shelter for the horse
(7) The horse shall be adequately exercised and rested and visited at regular intervals
(8) All reasonable precautions shall be taken to prevent and control the spread among horses of infectious or contagious disease
(9) Sufficient care shall be taken of the horse, including veterinary care
(10) Adequate precautions shall be taken for the protection of the horse in the event of fire
(11) Only equipment and tackle suitable for the purposes shall be used in connection with the horse
(12) Adequate accommodation shall be provided for storage of forage, bedding, stable equipment and saddlery
(13) Manure or other noisome or offensive material shall be removed and disposed of in an appropriate manner as soon as possible to avoid causing a nuisance to adjoining owners or occupiers