Dog owner regulation (Brandenburg)

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Basic data
Title: Regulatory authority ordinance on keeping and leading dogs
Short title: Dog owner regulation
Abbreviation: HundehV
Type: regulation
Scope: Brandenburg
Issued on the basis of: Section 25a (4) and (5) OBG
Legal matter: Special administrative law
References : Sa BbgLR 7834-1
Original version from: February 22, 1993
( GVBl. II p. 110)
Entry into force on: March 1, 1993
Last revision from: June 16, 2004
(GVBl. II p. 458)
Entry into force of the
new version on: 		July 1, 2004
Weblink: Text of the HundehV
Please note the note on the applicable legal version.

The regulatory authority ordinance on keeping and leading dogs , or dog owner ordinance for short, was issued by the Minister of the Interior of the State of Brandenburg. It replaces the dog owner ordinance of July 25, 2000 (GVBl. II p. 235), last amended by Article 28 of the law of December 17, 2003 (GVBl. I p. 298, 309). The regulation is based on Section 25a Paragraphs 4 and 5 of the Regulatory Authorities Act. This was inserted by the third law amending the regulatory authorities law of April 20, 2004.

validity

The ordinance does not apply to service dogs of the federal police, customs, the armed forces, disaster control, the rescue service and the police, as well as hunting and herding dogs , insofar as these are used for their respective purposes.

For guide dogs and assistance dogs for the disabled , the purpose of which has been proven to the local regulatory authority, only the duty to notify 40/20 dogs applies .

Framework

The ordinance regulates the conditions for keeping, leading, training and breeding dogs. Property on which dogs are kept must be secured so that they cannot escape. Dogs must generally be led in such a way that they cannot become a danger and must be constantly monitored. Under certain conditions, which are regulated in the ordinance, they must be kept on a tear-resistant line no more than two meters long. For dangerous dogs outside of enclosed property, a muzzle obligation applies, which also applies expressly to dog exercise areas. A muzzle obligation for all dogs applies in administration buildings and public transport. Carrying dangerous dogs is subject to additional conditions, including expertise, reliability and a minimum age of 18 years.

Dogs must be trained to be socially responsible dogs. It is forbidden to train dogs to be dangerous dogs.

Notification requirement for 40/20 dogs

The keeping of a dog with a height at the withers of at least 40 centimeters or a weight of at least 20 kilograms (40/20 dog) must be reported to the local regulatory authority and is bound to the proof of the reliability of the owner. The dogs must be permanently identified with a microchip transponder in accordance with the ISO standard. Information on the identity of the dogs is recorded by the authorities.

Dangerous dogs, breed lists

Individually dangerous dogs

Dogs are considered to be dangerous if one can assume that human or animal properties are more dangerous than normal. Such characteristics include, in particular, willingness to fight, aggressiveness and sharpness. Causes of the endangering properties can lie in breed-specific characteristics, breeding, training or training.

Dogs that have bitten a person or an animal without being provoked are considered to be vicious and therefore dangerous. Dogs that have repeatedly endangered people without being attacked or provoked or have repeatedly jumped at people in a dangerous manner are also considered dangerous.

Dogs that have shown through their behavior that they chase or kill game or other animals in an uncontrolled manner are considered dangerous dogs.

The keeping of dangerous dogs requires a permit, breeding with them is prohibited. The keeping requires the expertise and reliability of the owner, who must also prove a legitimate interest in the keeping. Dangerous dogs must be identified by a red sticker on the collar.

Dog breeds and groups that are considered dangerous

The following dog breeds and groups as well as their crossbreeds are considered dangerous due to breed-specific characteristics or breeding: American Pitbull Terrier , American Staffordshire Terrier , Bull Terrier , Staffordshire Bull Terrier and Tosa Inu . The keeping of such dogs and the breeding of and with dangerous dogs are prohibited. The prohibition can be exempted within the scope of the permit according to § 10 of the HundehV if it is ensured, taking into account the local conditions, that people, animals or property are not endangered.

The owner of a dangerous dog is obliged to take out and maintain liability insurance in accordance with the statutory provisions.

Races and groups to which a presumption of danger applies

For other races / groups and their crossbreeds, a presumption of danger applies, which can be refuted by a negative certificate. For dogs that are suspected of being dangerous, keeping and breeding require a permit. The granting of the keeping permit is linked to requirements such as expertise and reliability. Dogs with a negative certificate must be identified by a green sticker on the collar. The following breeds / groups of dogs are named: Alano , Bullmastiff , Cane Corso , Doberman , Dogo Argentino , Dogue de Bordeaux , Fila Brasileiro , Mastiff , Mastin Español , Mastino Napoletano , Perro de Presa Canario , Perro de Presa Mallorquin and Rottweiler .

History of the rattle lists

In Brandenburg, breed lists were first introduced by ordinance in 2000 , which, however, were declared void by the Federal Administrative Court for formal reasons. On June 16, 2004, the Minister of the Interior issued a new dog ordinance on the basis of the Regulatory Authority Act, which in turn contains breed lists.

Dangerous dogs that are kept outside of Brandenburg

"Dangerous dogs that are kept outside the state of Brandenburg have to wear the labels or markings required by the local regulations on the collar in addition to the name and address of the dog owner. The owner must have the relevant permits or certificates with him and show them on request. "(HundehV § 2 (5))

Web links

Individual evidence

  1. ↑ Third law amending the law on regulatory authorities. From April 20, 2004. GVBl. I p. 153 (PDF; 581 kB)
  2. ↑ BVerwG 6 CN 5.02 August 20, 2003
  3. ↑ a b Ordinance of the regulatory authority on keeping and leading dogs (Hundehalterverordnung - HundehV) of June 16, 2004 (GVBl. II / 04 p. 458) ( online )