Cattle Trespass Act

BELIZE CATTLE TRESPASS ACT CHAPTER 208 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 CATTLE TRESPASS ACT 4 Amendments in force as at 31st December, 2000. BELIZE CATTLE TRESPASS ACT CHAPTER 208 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 CATTLE TRESPASS ACT 4 Amendments in force as at 31st December, 2000. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Cattle Trespass [CAP. 208 [ ] 3 CHAPTER 208 CATTLE TRESPASS ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Prohibited areas, how constituted. 4. Penalty on owner of cattle tethered, running loose or at large in prohibited area. 5. Penalty, how disposed of. 6. Pounding of cattle. 7. Provision where cattle authorised to be seized, escapes or goes on to private lands. 8. Power to destroy certain cattle. 9. Power to destroy boar, sow, etc. 10. Exception. 11. Local authority to make regulations. 12. Penalties, how recoverable. Cattle TrespassCAP. 208] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 4 [ ] CHAPTER 208 CATTLE TRESPASS [1st January, 1898] 1. This Act may be cited as the Cattle Trespass Act. 2. In this Act, unless the context otherwise requires: “cattle” means any bull, ox, cow, steer, heifer, mule and the male, female and young of the horse, ass, sheep, goat, swine and of any animal, other than a dog, ordinarily kept or used as a beast of burden or for draught, riding or the production of wool, hair, meat, milk or hides; “local authority” means a City Council acting in relation to its City or a Town Council acting in respect of its town mentioned in the Schedule to the Town Councils Act or which may be added to the Schedule, as the case may be, or a Village or Community Council acting in respect of its Village or Community; “open lot” means any piece or parcel of land which is not sufficiently fenced to prevent the ingress or egress of cattle to or from it; “owner” includes a person having the charge or care of any cattle; “prohibited area” means any place which has been constituted a prohibited area by any notice published under the authority of section 3; “street” includes any open lot which is not private property. 3.-(1) A local authority may, subject to the approval of the Minister, from time to time by Order published in the Gazette (a) constitute any place within its City town, village or community Short title. Interpretation. CAP. 87. Prohibited area, how constituted. 40 of 1963. Ch. 165, R. L., 1958. CAP. 171, R. E. 1980-1990. 40 of 1963. 14 of 1968. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Cattle Trespass [CAP. 208 [ ] 5 a prohibited area; (b) constitute two or more prohibited areas within its City, or one prohibited area within its town, village or community; (c) to declare any such prohibited area, or any part thereof, to be no longer a prohibited area. (2) The Minister may from time to time by Order published in the Gazette (a) constitute any place, not being within the limits of a City, town, village or community, a prohibited area; (b) declare any such prohibited area, or any part thereof, to be no longer a prohibited area. 4.-(1) The owner of any cattle found tethered, running loose or at large in any street in any prohibited area, or running loose or at large in any open lot in any prohibited area, shall for each head of cattle found tethered, running loose or at large be liable to a fine not exceeding one hundred dollars. (2) Cattle tethered on any open lot, by means of a tether of sufficient length to permit the cattle so tethered to go on any street, shall be deemed to be tethered on that street. 5.-(1) One half of any penalty imposed and recovered on any information for any offence under section 4 shall be paid to the informer, not being a police officer. (2) If the informer be a police officer, one half of such penalty shall be paid as the Minister may from time to time by any general rule or special direction order into the welfare fund mentioned in the Police Act. 40 of 1963. Penalty on owner of cattle tethered, running loose or at large in prohibited areas. Penalty, how disposed of. CAP. 138. Cattle TrespassCAP. 208] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 6 [ ] 6.-(1) Any person may seize and deliver any cattle found tethered or loose or at large in any street in any prohibited area, or loose or at large in any open lot in any prohibited area, into the custody of the keeper of any public pound, whose duty it is to receive and keep the same, subject to the provisions of the Pounds Act or, if there should be no public pound within the prohibited area in which the cattle has been found, to confine the cattle in any suitable place. (2) The owner of any such cattle, in addition to any penalty which he may incur under this Act, shall be liable to pay all pound fees, charges and expenses authorised under the Pounds Act. 7. Where any cattle authorised to be seized under the provisions of section 6 escapes or goes on to private lands, the following provisions shall apply: (a) any police office or officer of a local authority with or without assistants may enter, without permission, upon any unenclosed land or premises or upon any enclosed land or premises, in cases where there is no one on the enclosed land or premises from whom permission to enter could be asked, in pursuit of and for the purpose of capturing the cattle; (b) where any person refuses to allow any police officer or officer of a local authority to enter on any enclosed land in pursuit of and for the purpose of capturing the cattle, the owner or person in possession of the enclosed land or premises shall be deemed to have seized and impounded the cattle within the meaning of the Pounds Act. 8. Any police officer or an officer of a local authority may kill by shooting or otherwise any ferocious, savage, vicious or wicked cattle found loose or at large in any street, public place or unenclosed place, within the limits of any town, village, community, or City and which it would be dangerous to attempt to capture or seize: Pounding of cattle. CAP. 89. Provision where cattle authorised to be seized, escapes or goes on to private lands. CAP. 89. Power to destroy certain cattle. CAP. 89. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Cattle Trespass [CAP. 208 [ ] 7 Provided that (a) on killing any such cattle the police officer or officer of a local authority, as the case may be, shall immediately give notice to the owner thereof, if known, who shall remove the carcass within six hours of the receipt of the notice; (b) if the owner be not known or the owner after notice does not remove the carcass, then the police officer or an officer of the local authority, as the case may be, shall cause the same to be buried or otherwise disposed of. 9.-(1) The owner or rightful occupier of any cultivated land or enclosed pasture land, or any person authorised by him, may kill any boar, sow or pig found trespassing on the land and, if the owner of the animal does not claim the same within six hours after it is killed, may bury or otherwise dispose of the carcass. (2) The remedy given by this section in respect of animals trespassing shall be in addition to and not in derogation of any remedy by action or suit to which any person may be entitled in respect of any such trespass. 10. This Act shall not apply to any cattle found tethered or loose or at large in any street in any prohibited area, or loose or at large in any open lot in any prohibited area between such hours and within such limits as may from time to time be specified with reference to such prohibited area in any rule made and published under the authority of section 11. 11.-(1) A local authority may, subject to the approval of the Minister, from time to time make regulations specifying the hours and limits within which cattle may be tethered, or allowed to go loose or at large in any street in any particular prohibited area within any town, village community or City, or to go loose or at large in any open lot in any such particular prohibited area. (2) Regulations made under this section may except any of the Power to destroy boar, sow, etc. Exception. Local authority to make regulations. 40 of 1963. Cattle TrespassCAP. 208] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 8 [ ] animals named in section 2 from the meaning of the word “cattle” as applied to such prohibited area or to any particular limits within it. (3) All regulations made under this section shall be published in the Gazette and shall come into operation at such time as shall be therein specified. 12. Penalties imposed by this Act shall be recoverable on summary conviction. Penalties, how recoverable.