An Ordinance Amending and Consolidating AU Existing Ordinances Concerning Animal Control

An Ordinance Amending and Consolidating AU Existing Ordinances Concerning Animal Control, by further Instituting the Concept of Responsible Pet Ownership and allowing for the implementation of pertinent provisions of the LocalGovernment Code of 1991 (Republic Act 7160). This ordinance aims at Professionalising the work of Animal Control and Ensuring Ethical Treatments of AU Animals, in accordance with Republic Act 8485, or otherwise known as Animal Welfare Act of 98. This Ordinance shall likewise be Providing Penalty for any Violation thereof.

WHEREAS,the municipal Council of Makati approved Ordinance No. 30-s-1988 prohibiting the straying and roaming ofanimals in any public street, place or plaza in Makati and providing penalties for violation thereof,

WHEREAS, the aforementioned Ordinance was amended by enacting Ordinance No. 66-s-1989 relative to the disposition of animals which were impounded;

WHEREAS, Ordinance No. 66-s-1989 was subsequently amended by Ordinance No. 93-092, which requires the owners of dogs in Makati to register their animals with the Barangays and submit them for vaccination against rabies, and providing penalties thereof,

WHEREAS, there is a need to strictly enforce the regulations regarding the maintenance of dogs and other companion animals, especially for those dogs roaming in the streets, not only for public safety, but also to keep the streets and public areas of Makati clean and sanitary.

WHEREAS, the Local Government Code of 1991 (RA 7160) Title Five Article Nineteen Section 489 states that the appointment of a veterinarian officer is mandatory for the provincial and city governments who shall take charge of the Office for Veterinary Services and carry out duties as mandated by law.

WHEREAS, in light of the Animal Welfare Act of 1998 (RA 8485), there is likewise a need to instill in the citizenry, especially the youth, a strong sense of responsibility and respect towards their community and all life, human or non-human, in order to develop a more compassionate and civilized society.

NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED, that the Sangguniang Bayan hereby amends and consolidates Ordinance Nos. 93-092, 66-s1989 and 30s-1988 by requiring all owners of dogs and other companion animals, as well as the public in general, to abide by the following provisions of this ordinance.

SECTION 1. ANIMAL CARE RULES AND REGULATIONS

SEC. 1.1 ADEQUATE SHELTER, FOOD AND WATER

(A)No person shall confine or allow his or her animal to remain outside without access to appropriate shelter from the elements.

(B)All animals shall have fresh, potable drinking water and be provided with food that is nutritional for the species in adequate amounts to maintain good health.

SEC. 1.2 NECESSARY MEDICAL CARES.

All animals shall be provided with necessary medical care in addition to the required rabies vaccination.

SEC. 1.3 ENCLOSURES TO BE KEPT IN SANITARY CONDITION.

All animals, whether kept inside, or in pen, tied, fastened, leashed or, enclosed by a fence shall be kept in a sanitary manner. The person responsible for the animals shall regularly and as often as necessary, maintain cleanliness in all animal areas, to prevent odor or health and sanitation problems in the community.

SEC. 1.4 ALLOWING DOGS OUTSIDE.

For the safety and well being of the community, no dogs shall be allowed to roam freely in any public places, plaza or, streets without a person responsible for its behavior accompanying it with a leash.

SEC. 1.5 REMOVAL OF EXCREMENT.

Persons responsible for an animal shall immediately remove the animal’s excrement from public places or the property of another, except in the case of a disabled person in the company of a dog.

SEC. 1.6 ABANDONMENT.

No person shall abandon or cause to be abandoned any animal, especially cats and kittens anywhere within the city limits, in any public or private place, street or building. This is not only contributory to the health and sanitation problem but is also an act of cruelty to animals.

SEC. 1.7 NOISY DOGS.

No person shall allow the continuous barking, yelping, whining or howling of a dog, such that the situation becomes a nuisance to the public. The local Barangay may be asked to take appropriate steps to correct the situation, on the basis of a complaint file with its office.

SEC. 1.8 REPORTING SUSPECTED RABID DOG.

Any person who knows or suspects that an animal, whether in captivity or not, is affected with rabies, or was at the time of its death so affected, shall with all practical speed give notice of the fact to the Barangay officer or the city’s animal control office.

SEC. 1.9 SLAUGHTERING OF DOGS OR CATS FOR FOOD.

No animals other than those specified under the provisions of RA 8485 or those prohibited by MMC Resolution No. 82-02 may be killed for food.

SEC. 1.10 ANIMALS IN VEHICLES.

No animal shall be left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.

SEC. 1.11 ANIMALS INVOLVED IN VEHICULAR ACCIDENTS.

Any motorist who causes the death of an animal shall be held liable to any Claim of Damages as may be filed by the owner of the animal. Likewise, should the said motorist be found to have exhibited reckless driving behavior which poses a potential threat to life, human or animal, the corresponding penalties as provided by the existing Traffic Rules & Regulations shall apply.

SEC. 1.12 ANIMALS USED AS PRIZESOR PROPS.

No person shall utilize any live animal, fish, bird, or reptile as prizes, or as props in games or rituals, for the purpose of amusement

SEC.l.13 DOGFIGHT.

As mandated by RA 8485, dog fighting is strictly prohibited. No person shall engage in the breeding and training of dogs for the purpose of dogfights. Neither shall any person be involved in organizing, promoting or, patronizing such activities.

SEC. 1.14 DISPOSAL OF ANIMAL CADAVER.

For reasons of public health, as well as in keeping with the proper conduct of a civilized society, person whose pet dog or cat died shall request the animal control office for proper disposal of the cadaver.

SEC. 1.15 REGISTRATION OF DOGS

It shall be the responsibility of all dog owners to have their animals registered annually in their respective Barangays, and to submit the same for vaccination against rabies.

SECTION 2 ANIMAL CONTROL

SEC. 2.1 The Makati City Office for Veterinary Services is hereby directed to supervise and coordinate with the 32 Barangays in Makati and issue administrative rules and regulation for the effective implementation of this Ordinance. This will includes the issuance of dog identification card, dog tag to be placed around the neck of the dog and such other requirements necessary to carry out the purpose of this ordinance.

SEC. 2.2 In order to discourage indiscriminate breeding and to address the problem of dog overpopulation at its root, there shall be a Differential Licensing Scheme, such that animals that are Neutered or Spayed shall benefit from a lower registration fee. For this purpose, the following fees will be collected:

1.Cost of Vaccination xxx -The vaccination may be waived provided the owner can present a valid document issued by the duly authorized Animal Health Clinic or a licensed veterinarian.

2. Registration Fee xxx — Upon presentation of a valid Certificate of Neuter/Spay issued by a licensed veterinarian, the corresponding discount may be granted.

3. Cost of Dog Tag xxx

(A)The registration fee and xxx Pesos from the cost of the dog tag will go to the Barangay

concerned, and the balance to be remitted to the City Treasury of Makati.

SEC. 2.3 The Animal Control Division under the Office for Veterinary Services shall be responsible for regulating the proliferation of stray animals, investigating reports of animal cruelty, maintaining the operation of the pound and, other duties as provided by RA 7160. ACD shall coordinate with the Barangays, the Makati Public Safety Assistance Group (MAPSA), and the Philippine Animal Welfare Society (PAWS) for the dissemination of information and the implementation of this ordinance.

SEC. 2.4 The ACD shall be headed by the Chief Animal Control Officer and a number of Animal Control Officers (ACO) as may be needed. The members of ACD must be imbued with a reasonable degree of respect for all life, for them to perform their job in accordance with the law.

SEC. 2.5 Sufficient funds shall be appropriated in each annual budget of the city for ACD personnel, drugs, animal food, equipment, and facilities necessary for the upkeep of the pound and its animals and, to be able to administer humane destruction of sick and unclaimed animals.

SEC. 2.6 Animal control officers shall be trained in the most humane methods of catching dogs, as well as handling them in captivity. The Philippine Animal Welfare Society shall be on hand to assist ACD in this and other aspects, from time to time.

SEC. 2.7 The Makati Dog Pound shall have a fixed maximum number of animals, in order to maintain good sanitation, health of the dogs, and sustainability of the pound’s operational.

SEC. 2.8 No dogs shall be released without the alleged owner showing adequate proof of identification, and paying the corresponding penalties and other fees. For purpose of control and future references, all transactions must be properly recorded.

SEC. 2.9 No dogs shall be presented for sale, for whatever reason. Adoption of dogs shall be done only after carefully evaluating the qualifications of the prospective adopter. PAWS shall be on hand to provide necessary advice or assistance.

SECTION 3 PENALTIES

(LEFT TO THE DISCRETION OF THE LOCAL GOVERNMENT)

Note: The penalties should be graded according to the gravity of the offense, however it should likewise be stiff enough, to ensure compliance, and for the law to be taken seriously.