Thuringian law to protect the population from animal dangers
| Basic data | |
|---|---|
| Title: | Thuringian law to protect the population from animal dangers |
| Short title: | Animal Hazard Act (not official) |
| Abbreviation: | ThürTierGefG (not official) |
| Type: | State Law |
| Scope: | Thuringia |
| Legal matter: | Security law |
| Issued on: | June 22, 2011 ( Law and Ordinance Gazette for the Free State of Thuringia. No. 6, 2011 p. 93 ) |
| Entry into force on: | September 1, 2011 |
| Please note the note on the applicable legal version. | |
The Thuringian law for the protection of the population against animal hazards was passed by the Thuringian state parliament on June 22, 2011. It replaces the Thuringian Hazard Dog Ordinance of March 21, 2000 (StAnz. No. 15 p. 884), last amended by the ordinance of September 30, 2003 (StAnz No. 47 p. 2340). In February 2018, it was changed by the First Act amending the Thuringian Act to Protect the Population from Animal Hazards .
Rattle lists
Abolition of racial lists by amendment of the law in 2018
Section 3 (2) contained a breed list in the 2011 law. The whole of § 3 was revised in the 2018 amendment, thus abolishing the breed list and replacing it with the fact that dogs are considered dangerous "which have been determined to be dangerous in individual cases due to their behavior by the competent authority after carrying out a character test [...]".
Dogs whose dangerousness is irrefutably suspected
In Section 3 (2) of the 2011 Act, a breed list was established that identified dangerous dogs. In paragraph 11 the dogs of these breeds were referred to as "dogs whose dangerousness is irrefutably suspected due to genetic predisposition". In addition to the breeds listed, all crosses with them were defined as dangerous, with dogs that have a corresponding phenotype being considered crosses. In case of doubt, the burden of proof lay with the dog owner. To keep a dog that is classified as dangerous, you need a permit, which is tied to a certificate of competence, the reliability of the owner, an electronic tag and liability insurance, among other things . Furthermore, the owner must prove that there is a special scientific or professional need for keeping the animal that cannot be adequately met by dogs of other breeds. There is a breeding and trade ban for dangerous dogs. Dogs of the breeds listed in the law must be neutered, unless a special permit is obtained.
More dangerous breeds
In the law of 2011, § 3 (4) stipulated that, in addition to the breeds listed in the law, dogs of other breeds and their crossbreeds would be determined as dangerous by ordinance. "Only those dog breeds and their crossbreeds may be identified as dangerous if there is a presumption that their danger to the life and health of humans and animals is due to breed-specific characteristics such as biting force, tearing biting behavior and fighting instinct." Such a dog can be refuted in individual cases by a character test in which the dog's ability to behave in a socially acceptable manner is proven. The Ministry of the Interior stated that a listing of further breeds was "not intended for the time being". The regulation no longer exists since 2018.
Certificate of competence
The 2011 law already contained in Section 5 provisions for a certificate of competence for keepers of dangerous animals. Section 5 was revised in 2018; in particular, Section 5 (6) defined groups of people who are considered to be knowledgeable about keeping a dangerous dog. Other people have to pass a proficiency test if they want to keep dangerous animals. In addition, according to § 5 (4) expert examinations can be ordered and according to § 5 (5) tax reductions on the dog tax can be granted if owners of dogs that have not been determined to be dangerous can provide evidence of an expert examination.
Unresolved regulations from the 2010 draft of the state government
Big dogs as dangerous animals (20/40 rule)
With the draft of the Thuringian law to protect the population from dangerous animals , the Thuringian state government planned a 20/40 rule . Paragraph 2 of the draft stated that large dogs should be considered dangerous animals. Paragraph 3 defined large dogs as those that “reach a height at the withers of at least 40 cm or a weight of at least 20 kg”. In its deliberations on the draft on June 10, 2011, the Interior Committee rejected the classification of large dogs as dangerous animals, and large dogs continue to be "not considered dangerous by law".
Individual evidence
- ↑ First law to amend the Thuringian law to protect the population from animal dangers from February 12, 2018 In: Law and Ordinance Gazette for the Free State of Thuringia. 1/2018
- ^ Thuringian law for the protection of the population from animal dangers. From June 22, 2011. §11 In: Law and Ordinance Gazette for the Free State of Thuringia. No. 6, 2011 ( online )
- ^ Thuringian law for the protection of the population from animal dangers. From June 22nd 2011. § 3 (4) In: Law and Ordinance Gazette for the Free State of Thuringia. No. 6, 2011 ( online )
- ^ Free State of Thuringia. Ministry of the Interior: Website Thuringian Law for the Protection of the Population from Animal Hazards . Frequently asked Questions. Retrieved February 9, 2012
- ^ Draft law of the state government. Thuringian law for the protection of the population from dangerous animals. ( online )
- ↑ Press release of the Thuringian State Parliament of June 10, 2011: Meeting of the Interior Committee ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
