Island ordinance

THE ISLAND TERRITORY OF SINT MAARTEN

Island ordinance regulating the protection of animals in the island territory of Sint Maarten. (Ordinance)

THE ISLAND COUNCIL OF THE ISLAND TERRITORY OF SINT MAARTEN.  

Having taken into consideration that it is desirable from a point of view of health and well-being of animals, from ethical considerations and from a point of view of protection and safety of human being and animal, to provide rules and regulations with regards to animals, acts with and treatment of animals, registration of animals, and institutions for the benefit of animals.

RESOLUTION 

To determine the following island ordinance: 

Article 1 

In this ordinance and the stipulations based on that is understood to mean:

• animal: every animal that is kept or lives in freedom namely every mammal, bird, fish, reptile or insect that lives on land and in the territorial waters around the island territory.

• organization: Animal Rights Foundation on Sint Maarten.

• institution: animal shelter, animal kennel or a plant, in possession of the required permit in accordance with this island ordinance.

• animal shelter: a property area destined or used for keeping in custody of animals that have been found wandering, with which the owner has permanently parted or which have been seized by the judge and are being offered for adoption.

• animal shelter: property area, not being a shelter, destined or used for custody of animals.

• plant: a property area destined or used for breeding purposes, sale or delivery of animals.

• animal control officer: an official as meant in article 14.

• keeper: owner, proprietor, keeper or guardian (herd).

• necessary care: providing sufficient drinking - water and food; providing a sound shelter with sufficient shade and offering protection against bad weather conditions, providing the necessary care by a veterinary surgeon, namely for the necessary vaccinations, and providing sufficient exercise.

• animal fights: organized fights between animals of between human beings and animals.

• tether or chain: attaching an animal to a stationary object or pulley run by means of chain rope, tether, cable or similar restraint; Tether does not include the use of a leash to walk a dog.

Article 2 

• It is prohibited to kill an animal without reasonable purpose or exceeding that which is permissible to reach such a purpose.

• It is prohibited to administer poison or other harmful substances to animals.

• It is prohibited to spread harmful substances where animals will be able to consume the aforementioned poisonous substances, with exception of the extermination of insects and rodent plagues.

Article 3 

• Everyone is obliged to provide animals requiring help with the necessary care.

Article 4

• The keeper of an animal is prohibited to withhold the necessary care to an animal.

• The keeper of an animal is prohibited to desert or abandon an animal without providing it with the necessary care.

• A shelter as meant in article 1 under i, must be sanitary and clean, must provide protection from heat, wind, rain, bad weather conditions and must be large enough for the animal to stand, turn around and lie down.

Article 5 

It is prohibited to tether or chain an animal for a period of more than eight (8) continuous hours in every 24-hour period.

It is prohibited to tether or chain an animal for any duration at all if the conditions are threatening to the health, safety and well-being of the animal.

These conditions include, but are not limited to:

• tethering an animal unsupervised during the night.
• tethering of an animal during a weather emergency or natural disaster such as hurricanes, floods or fires.
• using a tether weighing more than 1/8 of the animals' bodyweight.
• using a tether with a length less than 5 (five) feet; tethering that unreasonably limits the animals movement.
• tethering under conditions where the dog or tether can become entangled on the tether or some other object.
• tethering that restricts an animal's access to suitable and sufficient food, clean water and shelter.
• tethering in unsanitary conditions; tethering that does not allow an animal to defecate or urinate in an area separate from where it must eat, drink, or lie down.

Article 6

• The keeper of an animal is prohibited to urge the animal to aggressive behavior towards other persons and other animals.

Article 7

• It is prohibited to organize animal fights, to visit or have animals take part in animal fights.
• It is prohibited to place bets on animal fights.
• It is prohibited to make a location available where animal fights take place.

Article 8

• It is prohibited to offer animals as price, reward or gift or to present at games, raffles, bets or other events.

Article 9

• On a request to that effect the executive council can issue a permit to, whether or not against payment, to own, possess or keep, wild or aggressive animals, for exhibition or training purposes.
• It is prohibited to own, possess or keep wild or aggressive animals, for exhibition or training purposes, whether against payment or not, without a permit.
• It is prohibited to keep wild animals as pets.

Article 10

• On a request to that effect the executive council can issue a permit, whether or not against payment, to sell animals, to have in stock for sale, to deliver, take into custody, to breed for sales purposes, or to import pure breed animals or animals from "puppy-mills".
• It is prohibited to sell, to have in stock for sale, to deliver, to take into custody, to breed for sales purposes, or to import pure breed animals or animals from "puppy-mills", without a permit.

Article 11

• On a request to that effect from a natural person or from the board of an incorporated establishment, the executive council can issue a permit for the exploitation of an institution.
• It is prohibited to exploit an establishment without a permit.

Article 12 

An establishment must comply with the following requirements:

• the establishment disposes of interior residences, that are draught-free and dry, that are sufficiently ventilated, that have sufficient day light and electrical light, where the temperature is not more than 30 Celsius and of which the floor, walls and fencing are made of such material that the animals cannot injure or poison themselves.
• the establishment disposes, in case dogs are being kept, of an exterior residence and/or play area, of which the floor, wall and fencing are made of such material that the animals cannot wound or poison themselves, that can be closed off, that offers a shelter possibility against rain and storm and that offers sufficient shade.
• the establishment disposes of at least one sickbay, where sick animals can be treated and are separated from the other animals.
• the establishment disposes of a nesting area for animals with young ones or breast feeding animals.
• the establishment is obliged to offer the necessary care to the animals.
• the establishment sees to it that an animal receives the necessary vaccinations against infectious deceases within 5 days after arriving at the establishment.
• the establishment is cleaned daily and disinfected regularly.
• by delivery of an animal from a plant a proof of vaccination is supplied to the buyer or acquirer of the animal, made up by a veterinary surgeon in the island territory.
• when giving an animal in custody at a shelter a sound proof of vaccination must be supplied, made up by a veterinary surgeon in the territory.
• the establishment where animals are bred sees to it that:

1. a cat gets at least 2 nests, within an unbroken period of 12 months, provided that a cat gets at the most 3 nests within an unbroken period of 24 months.
2. a dog gets at the most 1 nest within an unbroken period of 12 months.

Article 13 

No female animal, in particular a dog or cat, is given up for adoption from an establishment, other than after the animal is sterilized or, in case of a dog or cat too young for sterilization, a date for sterilization is determined.

Article 14 

Everyone, who as a driver of a motor vehicle, collides with an animal and thereby injures or kills the animal, will immediately as far as possible provide the necessary assistance to the animal and will immediately report the injury or the death of the animal to the keeper (owner) of the animal or, in case the keeper (owner) cannot be reached, to (fellow-worker of) the organization.

Article 15 

• With the supervision of the observance of that which is determined by or in accordance with this ordinance are charged the persons designated thereto by the executive council after consultation with the organization. Such a designation is announced in "De Curacaousche Courant", as well as in one or more local daily newspapers.
• The persons designated in accordance with the first paragraph are, as far as that is reasonably necessary for the fulfilling of their task, exclusively authorized:

1. to ask all information.
2. to wish inspection of all books, documents and other information carriers and to take a copy thereof or take these along temporarily therefore.
3. to submit goods to recording and inspection, to take these along temporarily therefore and to take samples thereof.
4. to enter all places, with exception of houses without the explicit permission of the occupant, accompanied by persons designated by them.
5. to inspect, vessels, stationary vehicles and the load thereof.
6. to remove an animal that is living in conditions that do not meet standards as outlined in this ordinance.

• When necessary, the entrance of a place, as indicated in the second paragraph, part d, is provided with the assistance of the strong arm.
• By island decree, carrying measures regulated by order, rules can be established with regards to the way of service performance by the persons designated in accordance with the first paragraph.
• Everyone is obliged to give all cooperation to the persons designated in accordance with the first paragraph, which is ordered by virtue of the second paragraph.

Article 16

1. When carrying out their task the supervisors carry with them an identity card issued by the Lt. Governor. On request they immediately show their identity card.
2. The identity card contains a photo of the supervisor and, in any case, states his/her name and capacity.

Article 17 

1. The executive council is authorized to take away, vacate, prevent, in the previous situation recover or carry out that which is in conflict with the stipulations administered thereon and is being done, conducted or omitted.
2. A decision to application of administrative enforcement is put down in writing and counts as a decree. The decree mentioned which regulation has been violated.
3. The announcement thereof takes place to the offender (violator) and other parties concerned.
4. A term is stated in the decree within which the offender (violator) and eventual other concerned parties can prevent the enforcement by take the measures mentioned in the decree themselves. No term has to be granted, in case the required urgency dictates otherwise.
5. In case the situation is urgent to that extent that the executive council cannot put the decision of implementation of administrative enforcement in writing before, it still takes care of the putting in writing and the announcement as soon as possible.

Article 18 

1. The manager owes the costs connected to the application of administrative enforcement, unless the costs reasonably should not be borne by him.
2. The decree mentions that the application of administrative enforcement takes at the expense of the offender (violator).
3. In case, however, the costs will not totally or partly be for the expenses of the offender (violator) that will be mentioned in the decree.
4. Under the costs is meant the costs connected to the preparation of administrative enforcement, as far as these costs are made after the time on which the term mentioned in article 38, fourth paragraph, is expired.
5. The costs are also outstanding in case the administrative enforcement is not or fully carried out by termination of the unlawful situation.

Article 19

1. The executive council can collect the outstanding costs, increased with the costs involved with the collection, from the offender (violator) by writ of execution.
2. The writ of execution is served on the expense of the offender by bailiff s notification and constitutes an executor title in the sense of the Civil Code of Legal Proceedings of the Netherlands Antilles.
3. During six weeks after the date of service, the possibility of lodging objection against the writ of execution is open by summoning the island territory of Sint Maarten the judge can terminate the suspension of the execution.

Article 20

1. He who is guilty of violation of one of the stipulations of this ordinance is punished with detention of at most two months or with a fine of at most two thousand guilders.
2. In case during the committing of the violation a year has not yet passed, since a previous conviction of the guilty person for a similar violation has become immediately enforceable, or voluntarily complied with the condition, stated by the authorized officer of the Public Prosecutions Department in accordance with article 76 of the Penal Code o1 the Netherlands Antilles, detention or fine to the double of each maximum stated, can be imposed.
3. The facts penalized by this ordinance are violations.
4. The judge can determine that the animal, of which the violator acted as keeper, will be confiscated and offered for adoption.

Article 21 

This ordinance takes effect at a time to be determined by island resolution.

Article 22 

This ordinance is cited as "Island ordinance for protection of animals"

Thus enacted in the public meeting of

THE ISLAND COUNCIL OF THE ISLAND TERRITORY OF SINT MAARTEN,

The Secretary, The Chairman,

This ordinance has been proclaimed by me this day,

The Lt. Governor