Ufficio per i diritti degli animali
The translation of this law has been certified
by the Rutgers University Animal Rights Center in New Jersey, USA, directed
by Professor Gary Francione.
Law 281 August 14, 1991
Companion Animals and the
Prevention of Strays
The Chamber of Deputies and the Senate of the Republic
have approved;
THE PRESIDENT OF THE REPUBLIC
promulgates the following law:
Article 1
General Principles
-
In order to improve relations between human- and nonhuman
animals and to safeguard the wellbeing of the public and that of the environment,
the State promotes and disciplines the safekeeping of companion animals
and condemns any acts of cruelty and mistreatment inflicted upon them,
including that of abandoning an animal.
Article
2
Treatment of Dogs and Other
Companion Animals
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The public health service veterinarians are responsible for
controlling the dog and cat population by limiting the birth of puppies
and kittens in keeping with scientific progress. Animal owners or keepers
may have sterilizations performed at their own expense at authorized animal
hospitals run by dog clubs, humane societies, or privately run clinics.
-
It is forbidden to euthanize captured strays or dogs impounded
according to Article 4, Comma 1.
-
It is forbidden to use captured strays or dogs impounded
according to Article 4, Comma 1, for experimentation.
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Captured dogs with identifying tattoos shall be returned
to their owner or keeper.
-
Dogs without tattoos and those impounded according to Article
4, Comma 1, shall be tatooed. Dogs not claimed within 60 days may be
adopted by private citizens who offer guarantee of good treatment or by
humane societies. Prior to adoption, dogs must be vaccinated against rabies,
echinoccosis, and other infectious diseases.
-
With the sole exceptions indicated by Articles, 86, 87, and
91 of the Veterinarian Police Regulation approved by Presidential Decree
320 of February 8, 1954, and its subsequent modifications, dogs impounded
according to Article 4, Comma 1, can be euthanized
according to humane procedures only on the condition they are seriously
ill, incurably ill, or of proven danger.
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It is forbidden to mistreat feral cats.
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Feral cats shall be sterilized by the public health service
whose jurisdiction extends over their territory, after which they shall
be returned to the territory.
-
It is forbidden to euthanize feral cats unless they are seriously
or incurably ill.
-
The animal welfare organizations and humane societies may,
in conjunction with the public health service, take responsibility for
feral cat colonies, ensuring the animals’ health and wellbeing.
-
The animal welfare organizations and humane societies may
take responsibility for managing the pounds described under Article
4, Comma 1, under the supervision of the public health service veterinarians.
-
The pounds in Article 4, Comma 1, are
entitled to board privately owned dogs for a fee and to provide emergency
health care.
Article
3
Responsibilities of the
Regions
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Within six months from the date this law goes into effect,
the Regions shall legislate the opening of a Dog Registry to be run by
the municipalities or the public health service. The regional law shall
illustrate the procedures for registering and painlessly tatooing dogs.
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Within six months from the date this law goes into effect,
the Regions shall set up criteria for improving public pounds and for building
new housing for dogs. Housing shall be such as to ensure good living conditions
for the dogs in keeping with the health laws and shall be subjected to
periodic checks by the public health service veterinarians. The regional
laws shall also determine the criteria and implementation of the activities
for which the Region is responsible.
-
Within six months from the date this law goes into effect,
the Regions, in conjunction with regional animal welfare organizations,
humane societies, and hunting associations, shall set up a stray prevention
program.
-
The stray prevention program (Comma 3) entails the following:
-
initiatives aimed at informing the public, including public
schools, to foster in people a proper relationship entailing respect for
animal life and the defense of animal habitats.
-
training courses for employees of the regional and municipal
governments and the public health service who are involved in the services
herein described, as well as for volunteer investigators who work with
the health service and city governments.
-
The Regions shall pay compensation to farmers for any animals
killed by stray or wild dogs; release of payment requires certification
by the public health veterinary service.
-
To finance initiatives, the Regions may allot a sum not exceeding
25 percent of the funds assigned to them by Article 8, Comma 2 of the Ministerial
Decree. The balance shall be assigned by the Region to the municipalities
as a contribution for their own initiatives.
-
The special-decree regions and the Autonomous Provinces of
Trento and Bolzano shall conform to the principles of this law and set
up their own regional programs for the prevention of strays in keeping
with the criteria set forth therein.
Article 4
Responsibilities of the
Municipalities
-
Municipalities, individually or jointly, and the Mountain
Communities shall renovate all existing dog pounds and build new ones in
keeping with the criteria of the regional law and the funding assigned
by the Region.
-
Public health service employees and veterinarians shall care
for the animals according to the provisions of Article
2.
Article 5
Violations and Fines
-
Any person who abandons a dog, cat, or any other companion
animal, shall be fined between 300,000 and 1 million lire.
-
Any person who fails to register his/her own dog according
to Article 3, Comma 1, shall be fined 150,000 lire.
-
Any person who has registered his/her dog according to Article
3, Comma 1, but who has neglected to have the dog tatooed shall be
fined 100,000 lire.
-
Any person who sells a dog or cat for experimentation, in
violation of the existing laws, shall be fined between five and ten million
lire.
-
The fine for violating Comma 1 of Article 727 of the Penal
Code is hereby raised from a minimum of 500,000 lire to a maximum of 3
million lire.
-
The fines levied for violating Commas 1-4 shall be added
to the funding for the enactment of this law, as set forth in Article
8.
Article 6
Taxation
(OMISSIS)
Article 7
Repeal of Previous Legislation
-
Articles 130-135 of Law 1175 of September 14, 1931 regarding
public financing are repealed.
-
The repeal includes all subsequent modifications and all
conflicts with this law.
Article
8
Institution of Funding for
the Enactment of Law
-
Starting from financial year 1991, funding for the enactment
of this law has been allotted by the Ministry of Public Health. The allotment
is for 1 billion lire in 1991 and 2 billion lire as of 1992.
-
The Ministry of Public Health annually decrees the amount
of funding as per Comma 1 to be distributed among the Regions and the Autonomous
Provinces of Trento and Bolzano. The distribution criteria are determined
by decree by the Ministry of Public Health in conjunction with the Ministry
of the Treasury and after consultation of the Permanent Committee on Relations
with the State, the Regions, and the Autonomous Provinces of Trento and
Bolzano, according to Article 12 of Law 400 of August 23, 1988.
Article 9
Financial Resources
-
The financial resources for the enactment of this law (1
billion lire in 1991 and 2 billion lire for 1992 and 1993) are assigned
in Chapter 6856 of the three-year budget (1991-1993) under the entitlement
"Prevention of Strays."
-
The Ministry of the Treasury is authorized to enact by decree
any necessary variations to the budget.
This law, upon which the Government Seal has been affixed,
shall be issued in the Official Publication of the Laws of the Republic
of Italy. All citizens are held to observe it and ensure its observance
as the law of the land.
Dated August 14, 1991 and signed by the President of Italy, Francesco
Cossiga, and the Prime Minister of Italy, Giulio Andreotti.

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