Section 33: Dogs attacking, chasing or rushing at persons, domestic animals or vehicles

33. Dogs attacking, chasing or rushing at persons, domestic animals or vehicles (1) Subject to subsections (2) and (3), where a dog — (a) attacks, rushes at or chases any person or domestic animal; or (b) rushes at or chases a vehicle, causing damage to the vehicle, the owner of the dog shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 6 months. (2) Subsection (1) shall not apply — (a) where a person or animal is trespassing on the property on which the dog is kept; (b) where the dog is acting in reasonable defence of a person or any property; or (c) in the course of lawful hunting. (3) Subsection (1) shall not apply to a dog which is — (a) kept by — (i) the police or Customs authorities; (ii) the Mauritius Prisons Service; (iii) a person issued with a licence to operate a private security service under the Private Security Service Act; or (iv) the National Parks and Conservation Service or an officer of that department; and (b) under the control of an appropriate person assisting in the performance of the duties of any of the authorities or persons referred to in paragraph (a). A17A – 17 [Issue 6] Animal Welfare Act (4) (a) Subject to paragraph (b), a person may, for the purpose of stopping an attack, intervene or seize a dog which is outside the owner’s premises where that person — (i) is attacked by the dog; or (ii) witnesses the dog attacking any other person or a domestic animal. (b) Where the owner of the dog is present at or immediately after the attack, he shall immediately remove the dog and place it in a secure place for any action considered necessary by an authorised officer. (c) Where a person seizes a dog under paragraph (a), he shall, within 24 hours, inform the DVS. (5) Where an authorised officer has reasonable ground to believe that an offence has been committed under this section, he may impound or seize the dog.