38Restraint of dangerous dogs when on owner's premises

38 Restraint of dangerous dogs when on owner's premises S. 38(1) amended by Nos 69/2004 s. 26, 55/2011 s. 6. (1) When a dangerous dog is kept on residential premises of the owner of the dog, the owner must ensure that— (a) if the dog is inside any dwelling on the premises, it is confined in such a manner— (i) that it cannot escape; and S. 38(1)(a)(ii) amended by No. 29/2012 s. 13(1). (ii) that a person cannot enter the dwelling unless admitted by an occupier of the premises who is of or over 18 years of age; and (b) there is on the premises, outside any dwelling, a prescribed enclosure; and (c) when the dog is not inside any dwelling on the premises, the dog is kept in a prescribed enclosure. S. 38(2) amended by Nos 69/2004 s. 26, 55/2011 s. 6. (2) When a dangerous dog is kept on non-residential premises of the owner, the owner must ensure that— (a) when the dog is guarding the premises, it is kept inside perimeter fencing that complies with the prescribed requirements; and (b) in any other case, that the dog is kept in a prescribed enclosure. (3) In this section ***prescribed enclosure*** means an enclosure— (a) from which a dog cannot escape; and S. 38(3)(b) amended by No. 29/2012 s. 13(2). (b) that is constructed in such a manner that a person cannot have access to it without the assistance of an occupier of the premises who is of or over 18 years of age; and (c) that complies with the regulations.