Animals

Compulsory muzzling: dog-related public safety protection

The current ministerial ordinance stipulates that all dogs, regardless of breed, must be muzzled in order to ensure the safety of people and animals.

by Camilla Colombo

28 August 2024

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For more than 10 years now, in the absence of a specific law, the Ministry of Health has been extending the contingent and urgent ordinance on the protection of public safety from attacks by dogs.

It dates back to 6 August 2013, the ministerial order that intervened on the measures to be taken by the owner of the quadruped to prevent damage or injury to persons; an order that has been constantly extended for a further 12 months since 2013. The last one, last 6 August, was published in the Official Gazette 199 on 26 August 2024.

The previous ordinance

Prior to that, an ordinance had been issued on 27 August 2004 (Official Gazette 213 of 10 September 2004), which in Article 1, point b, pointed out the prohibition of training aimed at enhancing the risk of increased aggression of pit bull dogs and other crossbreeds or breeds indicated in the attached list.

The ordinance included a list of 18 breeds, and their crosses, at risk of increased aggression.

The list, however, had caused controversy, as it directly inferred aggression from the breed, without considering the behaviour of the individual dog and the owner's role in the animal's upbringing. So the list, after criticism from professional groups and animal associations, was abolished, and the ordinance partly amended and re-proposed in its current form.

What the regulation says

The current ministerial ordinance states that the owner of a dog - regardless of breed or size - is always 'responsible for the welfare and control of his or her animal', so that in the event of damage or injury to persons, other animals or property, it is always the owner who is liable under civil and criminal law.

A leash no longer than 1.50 metres is compulsory for dogs walking in urban areas and in places open to the public. The only exception are dog areas, which must be identifiable and fenced off. The dog owner must always carry a muzzle, soft or rigid, which the animal must wear "in case of risk to the safety of persons or animals or at the request of the competent authorities".

The ordinance also prohibits the training of dogs to enhance aggression and any selection or cross-breeding for the purpose of developing aggression.

It also prohibits the subjecting of dogs to doping, surgery intended to alter morphology or not for curative purposes, the cutting off of tails and ears, the resection of vocal cords, the clipping of nails and teeth. The only exception is if the veterinary surgeon considers these operations necessary for the animal's welfare.

In case of aggressive behaviour

Dogs that have shown aggressive behaviour - following checks by the veterinary services of the local health authorities - are placed on a special list, called the 'biting dog register'.

For these animals, the veterinary services indicate the preventive measures and behavioural therapies they must undergo, while owners of registered dogs are obliged to take out a third-party liability insurance policy and apply a leash and muzzle to their animal when in urban areas and places open to the public.

The Patent

The legislator's aim is 'to spread the culture of responsible animal ownership throughout the country through voluntary training courses' (Decret0 26 November 2009).

For this reason, in order to 'encourage training and the acquisition of adequate knowledge on the proper keeping of a dog', municipalities with the veterinary services of the local health authorities, also with the help of the professional orders of veterinary doctors, veterinary doctors' associations, veterinary medicine faculties and animal protection associations, must provide training courses for dog owners with the final issuing of the so-called licence.

Acquisition, however, is on a voluntary basis and not all municipalities provide courses. The introduction of a specific law, instead of an ordinance, would therefore help to better define the scope of action and, above all, prevention and training initiatives.