By-laws betrayed: who controls Accra’s stray dogs?

Basic school science teaches us that pets are domesticated animals kept for pleasure, companionship or enjoyment rather than for work or food. In Ghana, common pets include dogs, cats, birds, fish, small mammals and reptiles.

Why, then, would anyone acquire a pet but fail to care for or control it, leaving it at the mercy of the environment and to the detriment of others?

Stray animals are becoming increasingly common in several neighbourhoods across the capital, with dogs being the most visible. When left uncontrolled, they can endanger adults and children through attacks and bites, which may transmit serious infections such as rabies.

Surprisingly, several Metropolitan and Municipal Assemblies in the Greater Accra Region have by-laws regulating the keeping and control of dogs. This raises an important question: are these by-laws being enforced, or do they exist only on paper?

This article examines the dog-control by-laws of the Accra Metropolitan Assembly (AMA), Tema Metropolitan Assembly (TMA), Ashaiman Municipal Assembly (ASHMA), Adentan Municipal Assembly (AdMA) and La Nkwantanang-Madina Municipal Assembly (LaNMMA), and considers whether their requirements are reflected on the ground.

ACCRA METROPOLITAN ASSEMBLY

The Accra Metropolitan Assembly (Control of Dogs) Bye-law, 2017 requires anyone keeping a dog within the Assembly’s jurisdiction to obtain a licence from the Metro Public Health Department. Before issuing the licence, the department must be satisfied, through a certificate signed by a veterinary officer, that the dog has been vaccinated against rabies.

A dog licence is valid for one year, and the applicable fee is determined by the Assembly’s fee-fixing resolution. A licensed dog must wear the badge supplied by the Assembly for as long as the licence remains valid. A person who has custody or possession of a dog, or on whose premises a dog is found, is presumed to be its keeper unless the contrary is proved.

An authorised Assembly officer may seize and detain a dog found in a public place if it is not wearing the prescribed badge or appears to be a stray. Where the owner is known, the officer must serve a notice of seizure as soon as practicable. The dog may be released if the owner produces a valid licence and pays the detention fee.

Where a dog remains detained beyond the prescribed period and the owner cannot be found, or the owner fails to claim it and pay the impoundment fee, the Metro Public Health Department may destroy or otherwise dispose of it.

The Assembly may also seize a dog that has, or is reasonably suspected of having, mange, rabies or another disease covered by the Diseases of Animals Act, 1961 (Act 83). Dog owners must vaccinate their dogs against rabies annually and produce a valid licence within 24 hours when requested by an authorised officer.

A breach attracts a fine of between 100 and 250 penalty units, imprisonment for between 30 days and six months, or both. A continuing offence may attract an additional fine of up to one penalty unit for each day it continues.

TEMA METROPOLITAN ASSEMBLY

The Tema Metropolitan Assembly (Control of Dogs and Other Pets) Bye-laws, 2018 similarly prohibit a person from keeping a dog without a licence. A licence may be granted only after proof of rabies vaccination has been produced.

A licensed dog must wear the prescribed badge, and the licence expires on 31 December of the year in which it is issued. Renewal requires another vaccination and completion of the licensing process.

The owner must keep the dog confined and may allow it into a public place only when it is accompanied and on a leash. A police officer, environmental health officer, member of the TMA task force or another authorised person may seize a stray dog and bring it before a magistrate.

The magistrate may order that the dog be returned to its owner, assigned to a suitable person or otherwise dealt with as considered appropriate.

The Assembly may also seize a dog believed to be suffering from mange, rabies or another relevant disease. Owners must vaccinate their dogs annually and produce a valid licence within 24 hours when requested.

A contravention is punishable by a fine of between 100 and 250 penalty units, imprisonment for between six and 12 months, or both.

ASHAIMAN MUNICIPAL ASSEMBLY

Under the Ashaiman Municipal Assembly (Control of Dogs) Bye-laws, 2017, a person may not keep a dog without obtaining a licence from ASHMA. The dog must first be vaccinated against rabies, after which the keeper is issued a badge that must remain on the dog while the licence is valid.

The licence expires on 31 December of the year in which it is issued and must be renewed through a fresh vaccination and licensing process.

A licensed dog must be confined and may be taken into public only when accompanied and on a leash. Police officers, health officers, members of the ASHMA task force and other authorised persons may seize stray dogs and bring them before a magistrate.

The Assembly may also seize dogs suspected of suffering from mange, rabies or another relevant disease.

Owners must vaccinate their dogs annually and produce a valid licence within 24 hours when requested. A person who breaches the by-laws is liable to a fine of between 100 and 250 penalty units or, in default of payment, imprisonment for up to six months. The provision also refers to the possibility of both a fine and imprisonment.

ADENTAN MUNICIPAL ASSEMBLY

The Adentan Municipal Assembly (Control of Dogs) Bye-law, 2018 also requires dog owners to obtain a licence after producing proof of rabies vaccination. A licensed dog must wear an official badge, and the licence expires on 31 December of the year in which it is issued.

Renewal requires revaccination and completion of the same licensing procedure.

Owners must confine their dogs and ensure that any dog taken into public is accompanied and kept on a leash. Police officers, health officers, members of the AdMA task force and other authorised persons may seize stray dogs and bring them before a magistrate.

Dogs suspected of having mange, rabies or another relevant disease may also be seized.

Dog owners must vaccinate their animals annually and produce their licences within 24 hours when requested. A breach attracts a fine of 150 penalty units, imprisonment for up to six months, or both. The Assembly may also recover the full cost of enforcement.

LA NKWANTANANG-MADINA MUNICIPAL ASSEMBLY

The La Nkwantanang-Madina Municipal Assembly (Control of Dogs) Bye-laws, 2017 require a person keeping a dog within the Assembly’s jurisdiction to obtain a licence from the Municipal Environmental Health Officer.

No licence may be issued without an inoculation certificate. The licence is valid for one year, and the dog must wear the metal or plastic badge supplied by the Assembly.

An authorised officer may seize and detain a dog found in a public place if it is not wearing a badge or appears to be a stray. If the owner is known, notice must be served as soon as practicable.

The dog may be released upon production of a valid licence and payment of a detention fee of one penalty unit for each day of detention. Where the dog remains unclaimed beyond the prescribed period or the owner fails to pay the impoundment fee, it may be destroyed or otherwise disposed of.

The Assembly may also seize a dog suffering, or reasonably believed to be suffering, from mange, rabies or another relevant disease. Owners must vaccinate their dogs against rabies annually and produce a valid licence within 24 hours when requested.

A person who contravenes the by-laws is liable to a fine of between 100 and 250 penalty units or, in default of payment, imprisonment for up to three months, or both. Forty per cent of detention fees and court fines paid is ceded to the Assembly.

SIMILAR RULES, DIFFERENT PENALTIES

The five Assemblies regulate substantially the same conduct. Their by-laws require dog licensing, annual rabies vaccination, identification by badges, control of dogs in public, production of licences and the seizure or management of stray and diseased dogs.

The principal differences lie in the penalties and enforcement mechanisms.

ENFORCEMENT CANNOT REMAIN ON PAPER

The real issue is whether these by-laws are being enforced. The presence of stray dogs in many communities across Accra suggests that enforcement is inadequate.

Dogs roaming without identifiable owners may not have received the vaccination or veterinary care required to protect the public from rabies and other infections. A single bite can have grave consequences, including the loss of human life.

The Assemblies must therefore move beyond having well-drafted by-laws on paper and enforce them consistently. This should include public education, accessible licensing and vaccination exercises, routine monitoring, the humane removal of stray dogs and appropriate sanctions against irresponsible owners.

The Ministry responsible for local government must also exercise effective oversight to ensure that the Assemblies fulfil their statutory responsibilities. The danger is already visible. The authorities must act before preventable harm develops into a public health disaster.