Dogs and the Law in Israel

When I was in Mercaz Klita, someone tried to persuade me to take their dog as there was a problem of jealousy with their new baby. Some months later when I moved out of Mercaz Klita once again I was asked to take care of a dog on two occasions. At the time I did not know nor had anyone told me the laws of owning or caring for a dog. The truth is that according to Torah, one is not permitted to own any dangerous creature, of which some dogs are included.

This post has been prepared for us by Tzvi Szajnbrum, Attorney at law

Since the subject of owning a dog in Israel is not well known to the public, I would like to provide some basic concepts about owning and maintaining a dog in Israel.

As you may already know, implementing these laws and regulations is not an easy task and in spite all the good will and efforts, many of the regulations are not well implemented.

The law and the practice:

The main problem is when a dog’s owner is sued. When sued he will be the one solely responsible to explain why he didn’t follow the rules (which are almost impossible to accomplish). The cases when the dog’s owner is not found guilty when his dog attacks another person are so rare I can’t even recall one case.

License:

The law provides that every dog over three months old must have a valid license. License fee payment will be given after vaccination against rabies and marking the dog with a microchip under his skin.

The license is valid for one year. If a dog changes owners, it is mandatory to re-license the dog.

The law provides that the Secretary of Agriculture may demand that a dangerous dog be licensed for third party insurance against bodily injuries and property, but such an obligation is not set as a legal regulation. Municipal veterinarian doctors may refuse to give or renew a license at his discretion, for various reasons including offenses committed by the dog or the dog’s owner.

If the license was canceled, the dog’s owner must hand over the dog within 24 hours to one of those stipulated by law such as a protected facility determined by the local authority.

National Registration Center:

A National Registration Center was established by the Ministry of Agriculture, and it includes the dog’s details.

The Registration Center will have registered biting dogs and the registration of owners holding two or more biting dogs. The Municipal Veterinary doctor needs to report to the registry center dogs that have been marked by him, given or revoked licenses, and if an aggressive dog was brought to his attention.

Holding (owning) a dog:

A dog’s owner must keep the dog in his yard. The yard must be marked with a sign: “Watch out for the Dog”. The fine for ignoring this regulation is 3,000 shekels. When in a public place the dog must be held by a leash by a person who can control the dog. The maximum leash length for a “normal” dog, determined by regulations of 2005, is up to five meters. If a dog is defined as “dangerous” then the limit is two meters and they must be muzzled even at home if a child under the age of 16 years is present.

Taking possession of a dog – Detention by the authorities:

If the dog has no valid license or is being held because of non-compliance of the regulations, the municipal veterinarian doctor or inspector is allowed to catch the dog and move him to a municipal detention location. The owner can then turn to the authorities and ask to have the dog returned to him within ten days of receipt of notification of detention. According to the considerations of the municipal veterinarian doctor, he can issue a license or cancel or prescribe conditions for the dog that broke the regulations. If not contacted, the municipal veterinarian doctor may give the dog to the security forces or another organization. If this is not possible, then the doctor may order to have the dog put to sleep, with the expenses will falling on the dog’s owner.

Dangerous dogs:

Which dogs are considered dangerous?

- A dog over the age of three months who bites and has caused bodily injury or damage;

- A breed that is considered dangerous;

- A breed that the Minister, with the approval of the Knesset Finance Committee, has stated is a dangerous breed;

- A cross breed of dangerous dogs;

- If there are physical attributes and behavior of a dangerous dog.

When preparing a list of dogs declared dangerous in Israel, two characteristics of dogs were taken into account: the degree of aggressiveness and extent of damage he might cause. Eight species of dogs are considered “dangerous” by law:

1. American Staffordshire Bull Terrier (Am staff)

2. Bull Terrier

3. Duguay Argentine (Dogo Argentino)

4. Japanese peafowl (Tosa)

5. Staffordshire Bull Terrier (Stapp English) (Staffordshire bull terrier) (Staffie)

6. Pitt Bull Terrier

7. Brazilian filet (Fila brasileiro)

8. Rottweiler

Penalties:

Holding a dog without a valid license and allowing the dog to go outside the yard - is liable to six months in prison. Holding a dangerous dog in violation of the regulations or gives false information on essential issues about the dog - is liable to one year in prison.

The law prohibits breeding dangerous dogs in Israel. One must spay or neuter a dangerous dog before the age of six months. If authorization is given not to spay or neuter due to life-threatening danger to the dog, the dog must be prevented from mating.

Statistics:

There are around a quarter of a million dogs signed up with the authorities and around five thousand of them are considered “dangerous dogs”.

WARNING - Be Careful of Israeli Salesmen

Dear Olim Chadashim

If you are going to purchase ANYTHING, whether it is a cell phone or computer or home or anything else, make sure you receive a contract in your own home language and DO NOT sign anything on the spot. Take the contract, have a lawyer look it over and make sure you both agree with and agree to everything that is written prior to signing.

This could also be a job. If you are offered a job by an Israeli that sounds wonderful, make sure that you understand all the terms and conditions of your new job. If you are being asked to work x amount of hours, ask them how many additional hours unpaid you will be expected to work. Make sure on what date you will be paid. Make sure your contract states whether you will receive sick leave pay, holiday leave pay and any other benefits, including Bituach Leumi.

It could be a bank calling to talk you into a loan or other so called special. Make sure you know what all the terms and conditions are and what the percentage of interest is. If you don't need a loan or are not given the time to think it over, and don't receive something in writing, don't take it.

We have had difficulties with numerous situations of various kinds in which the sales person has insisted on speaking only in Hebrew and described how wonderful the machine or contract would be only to discover the reality is very very different once the contract is signed.

Be careful. Don't fall into the same trap we have. Don't believe any NICE sales talk. Check out the facts over and over. If you are otherwise occupied or your spouse is not available for you to check out if you agree with what is being offered, save yourself the time and headache and just end the call or the door to door salesman's visit. If they wont give you the time to check the contract then chances are there is a problem with the contract.

If you have any questions please send us a message, join the Israel consumer's yahoogroup and you are welcome to consult with the lawyer who posts our Legal Guest Posts.

Hatzlachah

Preventing Child Abduction from Israel by a Parent

Usually we like to post happy articles and positive information. The following post was prepared for us by Tzvi Szajnbrum, Attorney at Law. Knowledge is power and there are times this information needs to be known too. We hope and pray you, our readers wont have a need for such information.

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For a couple with children under the age of 18, a nightmare scenario can occur when one of the parents decides to take the law into their own hands and to kidnap their children overseas. This is called Abduction.

The Hague Convention:

The Hague Convention on Civil Aspects of International Child Abduction 1980 is a multilateral treaty intended to trace and secure the prompt return of children under the age of 16 who have either been ‘wrongfully’ removed from one Contracting State to another or ‘wrongfully’ retained in another Contracting State, and organize or secure the effective exercise of access (visitation) rights. ‘Abduction’ means ‘wrongfully removing’ to another country or ‘wrongfully retaining’ a child in a country where he has not been ‘habitually resident’, i.e. living.

Under the Hague Convention Law (Return of Abducted Children) 1991, Israel joined the Hague Convention from 1st December 1991 and is bound by its provisions. Providing that the other country is also a party to the Hague Convention, most of the legal proceedings for the child's return under the Hague Convention will be made in the appropriate court of the country where the child has been abducted to.

First Rule:

Whatever legal steps are taken there is no guarantee that abduction can be prevented in practice. Be aware of that and keep in mind that you may find yourself in a long, costly and painful legal battle.

Suspicion and how you can try to prevent abduction:

If you suspect that the other parent may try and abduct your mutual child, there is not much you can do concerning the children’s passport (especially if the child has dual nationality and therefore two passports).

Different countries have different policies regarding the use of a passport. In Israel, a citizen must enter and leave the country only when using the Israeli passport. Please remember! There is no full guarantee that this is an unbreakable law. Even though a citizen is “supposed” to leave Israel on the Israeli passport, it is possible to do so using a foreign passport.

Keep a photocopy of the child's passport (or the other parent's passport where the child appears). Keep in your possession updated photos of the children, and personal details such as: height, weight, marks or any other distinctive features. It is advisable to keep a copy of the children's foreign passport or at least the details of such a passport.

The Israeli Ministry of Interior recognizes that parental guardianship under Israeli law includes the power of one parent to veto the issue of a passport to a child under 18; therefore, one parent can “stop” the other in advance and avoid the child’s abduction if he is sure the other parent is planning to do so.

Children of divorced parents may receive passports only if both parents attend in person to sign their consent or at least the absent parent signs the necessary consent in front of a Ministry clerk. There is a special procedure so both parents do not have to go together at the same time to renew their child’s passport.

Children's passports are given for five years (and not 10) and the minors themselves are required to appear in person at the Ministry when issuing or renewing an existing passport.

The above concerns a passport issued in Israel and not at a consulate abroad

It is possible under certain circumstances to get an Israeli passport for minors at short notice, claiming all manners of explanations, and of course without the knowledge or consent of the other parent.

How can you try to stop the other parent?

You can bring a legal request to the Family Court asking to legally issue a ‘stop order’ or a ‘stay of exit’ order, preventing the minor’s exit across any of the country’s borders. (In Hebrew it is a “Tzav Ikuv Itsia Min Haaretz”)

After hearing the response of the objecting parent and the Ministry of the Interior, the court will decide whether this is a justified request. These cases are not “short cases” and they are not decided in a rush.

Once an Israeli Family Court grants such an emergency or a “temporary” “stop order” (this can be done at off hours or even only by one side without the knowledge of the other parent) – it is immediately notified to the border police at airports and all crossing points.

Try to avoid the courtroom and to reach an agreement outside the court if possible. For this purpose we strongly advice using any tactics you can to bring the other side to some kind of agreement or mediation. This will cost you less, will be less painful and much faster.