Title 2 (animal Welfare) Chapter 1 (general Santos City Animal Shelter); Ord No 11 S Of 2013.docx

Ordinance No. 11, Series of 2013 (An Ordinance Enacting The Code of Ordinances of the City of General Santos)

Title 2 – Animal Welfare Chapter I General Santos City Animal Shelter Section 1. As used in this Ordinance the following terms shall mean: 1. 2. 3. 4. 5.

6.

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Animal Owner – refers to any person who has possession in terms of title or proprietorship or has actual control of an animal. Exotic Animal – refers to any animal species which did not originally occur or is found to thrive within the country. Small Animal – refers to any animal weighing one (1) kilogram or less but not to exceed one hundred fifty (150) kilograms. Large Animal – refers to any animal weighing at least one hundred fifty-one (151) kilograms and above. General Santos City Animal Shelter – refers to a fixed enclosure complete with personnel and facilities for the temporary keeping of stray animals found within the city, to be hereinafter referred to as the “City Animal Shelter.” Stray Animal – refers to any animal such as dog, cat, poultry, horse, goat, cow, carabao, and other domesticated animal at loose or elsewhere wandering in public places within the city without being accompanied by its owner. Animal Control Officer – duly trained and authorized person responsible for the enforcement of this Ordinance.

Section 2. (a) No person shall allow his/her animal to wander elsewhere in any public places within the city without the company of its owner. (b) It shall be unlawful for any personnel of the City Animal Shelter to maltreat, torture, poison, or inflict suffering or harm to any impounded animal. (c) It shall be unlawful for any person to oppose, resist, or interfere with City Animal Shelter personnel from performing a duty mandated of such personnel to perform pursuant to the provisions of this Ordinance. Section 3. (a) There shall be established an animal shelter in the City to be officially named as General Santos City Animal Shelter and to be referred to hereinafter as the City Animal Shelter. (b) The City Animal Shelter shall exclusively function as temporary lockdown for all seized stray animals. (c) The City Animal Shelter shall be situated at a definite site within the City of General Santos, with an environment not harmful to animal health and safety, this to be determined and designated for by the City Mayor pursuant to the city’s subsisting zoning plan. (d) The City Animal Shelter shall be administered by the Office of the City Veterinarian and shall consist of facilities necessary to properly carry out the purposes and functions of an animal pound. (e) Funds necessary for the establishment and operation of the City Animal Shelter shall be appropriated in the city government’s annual budget and/or any supplemental appropriation as the case may be, subject to the pertinent provisions of RA 7160, otherwise known as the Local Government Code of 1991, and other applicable laws, rules and regulations. Section 4. Any citizen of General Santos City shall report to the City Veterinary Office or any deputized Animal Control Officer any stray animal at the instance of its sighting.

Section 5. (a) All stray animals shall be seized and impounded at the City Animal Shelter until such time that the same are properly released to its lawful claimant. (b) Impoundment and release of any such animal(s) shall be pursuant to the following guidelines:

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Impoundment period shall not exceed five (5) days including Saturdays and Sundays, except when impoundment for more than the prescribed period is necessarily called forby medical reasons, in which case the animal owner of such impounded animal shall be duly advised. All animals impounded pursuant to the preceding paragraph shall be fully entitled to proper custody, care, shelter and sustenance. Animals which have died within the impoundment period shall be disposed of according to proper veterinary and health procedures. The City Animal Shelter shall not take any responsibility whatsoever for any animal death, except when such death can be proven to have been due to neglect or deliberate cruelty on the part of the staff concerned. Any wildlife, exotic or endangered animals seized while wandering in public places shall not be subject to impoundment but, right upon capture, be forthwith committed for proper care and custody to the Department of Environment and Natural Resources (DENR), except: that when upon capture such wildlife is found to have been exhibiting symptoms of communicable diseases, then same shall be euthanized pursuant to the pertinent provisions of Administrative Order No. 21, Series of 1999, otherwise known as the Code of Conduct in the Euthanasia for Pets/Companion Animals and Slaughter of Animals for Food. No bomb-sniffing, drug-sniffing or any police dogs shall for any reason be subject to impoundment: Provided, that such dogs shall have been properly commissioned by Armed Forces of the Philippines, Philippine National Police or other government agency. Any animal owner my opt to voluntarily commit an animal for temporary custody at the City Animal Shelter for a period not to exceed ten (10) days, subject to payment of the prescribed fees. Custodial days shall be from Mondays through Fridays, from 9:00 am to 12:00 noon, excluding Saturdays, Sundays and other legal holidays.

Section 6. (a) Within twelve (12) hours starting from the time an animal was committed for impoundment at the City Animal Shelter, the personnel-in-charge shall locate and identify its animal owner, after which notice of impoundment shall forthwith be issued and served to such person. (b) When no animal owner shall have been located and identified with the impounded animal the same shall ipso facto be deemed abandoned, thus may be properly disposed of in accordance with the pertinent provisions of Section 8 of this Ordinance. (c) The personnel-in-charge of the City Animal Shelter shall, from time to time, make a list of all impounded animals thereat, complete with corresponding identifiable description to include kind, breed, color, and other unique markings, if any there be, and post such list at designated public posting boards within the City. Section 7. (a) An animal owner may, at anytime within the regular working hours after due receipt of the notice of impoundment issued pursuant to Section 6 (a) of this Ordinance but not to exceed 5 days after impoundment, redeem an impounded animal right upon payment of the necessary fees and incidental charges. (b) Whenever an animal owner, after due notice, deliberately refuses or neglects to redeem an impounded animal within the allowable period herein prescribed, she/he shall be made to pay a fine corresponding to P200.00 for each day of default, or render community service at the City Animal Shelter equivalent to one (1) day for each day of default. Section 8. The following rules shall govern the disposition of animals impounded at the City Animal Shelter:

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Unclaimed animals at the City Animal Shelter shall ipso facto be deemed abandoned, thus become eligible for adoption and may be released to any interested party after the lapse of three (3) days from the time of impoundment: Provided,that such animal does not exhibit symptoms of any communicable disease. Whenever no interested party may opt to adopt, the City Veterinarian shall have the right to cause such abandoned animal to be sold at a public auction. Abandoned animals exhibiting symptoms of any communicable disease shall forthwith be euthanized pursuant to the pertinent provisions of Administrative Order No. 21, Series of 1999, otherwise known as the Code of Conduct in the Euthanasia for Pets/Companion Animals and Slaughter of Animals for Food, and other pertinent laws, rules and regulations. No abandoned animal shall be euthanized without the approval of the City Veterinarian.

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Abandoned animals eligible for adoption shall, before its release to any interested party, be administered with anti-rabies vaccine. Deliberate omission or neglect on the part of the personnel-incharge at the City Animal Shelter to perform this responsibility shall subject such person to administrative and/or criminal sanctions.

Section 9. (a) The Office of the City Treasurer is hereby authorized to collect and issue corresponding receipts in the following amounts as legal fees in connection with the use of the City Pound:

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P50.00 – for every day of impoundment or custody for small animals; P200.00 – for every day of impoundment or custody for large animals; and P200.00 – fine for each day of default after the lapse of five (5) days within which an animal owner is allowed to redeem an impounded animal.

(b) Fees and other proceeds collected and accumulated in connection with the enforcement of this Ordinance shall be held in trust by the City Government to be allocated only for the procurement of vaccines and other priority purchases of the City Animal Shelter or other activities or programs relative thereto. Allocation and disbursement of said funds shall be done in accordance with the pertinent provisions of Chapter 2, Title V of RA 7160 or the Local Government Code of 1991 and other applicable laws, rules and regulations. Section 10.Violation of any of the provisions of this Ordinance shall subject the violator to the following fines: (a) Two Thousand Pesos (P2,000.00) (b) Three Thousand Pesos (P3,000.00) for (c) Five Thousand Pesos (P5,000.00) for third and subsequent violations.

for second

first offense;

offense; and

Chapter II Responsible Pet Ownership Section 1. For purposes of this Ordinance, the following terms shall be understood as follows: 1.

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Animal Registration Tag (ART) – shall refer to the plastic or metal label permanently hanging around each registered dog or cat’s neck, consisting of such information or serial numbers that would exactly and clearly identify the pet animal upon which the tag is imposed with the Registration Certificate issued therefor. Pet Animals – shall include all domesticated living organisms belonging to the animal kingdom commonly found and kept within the household purposively for pleasure or companionship, e. monkey, cat, dog, rabbit, mice and other mammal species; snake, turtle, lizard and other reptile species; chicken, goose, pigeon, and other bird species acquired either through breeding or by way of commerce, subject to acquisition of permit from the Department of Environment and Natural Resources in case of protected wildlife/endangered species. Pet Owner – shall refer to any person, whether natural or juridical, keeping under his/her custody and control as property any living organism belonging to the animal kingdom, otherwise defined herein as “pet animal.” Rabies – shall pertain to the fatal viral disease of the nervous system of warm-blooded animals caused by rhabdovirus(genus Lyssavirus) usually transmitted through the bite of an infected animal and is characterized typically by increased salivation, abnormal behavior, and eventual paralysis and death. Rabies-Susceptible Animals – shall refer to all warm-blooded animals such as but not limited to carnivorous species (dogs, cats, foxes, ferrets, etc.) and other mammals such as but not limited to bats including vampire bats, rodents, carabaos, cattle, goats, primates (monkeys), etc., that are not immune from rabies and are kept commonly as pets. Registration Fee – shall refer to the legal cost of registration the Office of the City Veterinarian may impose against pet owners as a result of the compulsory registration of all domesticated cats and dogs.

Section 2. (a) Every pet owner residing within the city shall be responsible to look after their pet animal(s) including the potential risks that such pet animal(s) may pose against any person. For this reason, it shall be the obligation of every pet owner to submit all pet animals under her/his charge to a veterinarian of her/his own choice for periodic vaccination to prevent these animals from contracting rabies and other communicable diseases. (b) It shall be the obligation of every pet owner to equally provide pet animal(s) with adequate health care including access to proper medical care. For this reason, no such pet owner shall abandon or leave unattended any sick, physically disabled, or dying pet animal without proper veterinary treatment.(c) It shall also be the obligation of every pet owner to indemnify other persons and properties from any harm or injury that their pet animal(s) may have caused. To avoid this incident, no such pet owner shall let loose any pet animal to wander without leash outside of their domicile and without the company of a responsible person. Section 3. (a) It shall be unlawful for any pet owner residing in the city to own, keep or have control of any pet animal within the household, commercial establishment, or any private property without first submitting such pet animal(s) to the Office of the City Veterinarian for compulsory registration. Henceforth, within reasonable time but not to exceed six (6) months after this Ordinance shall have taken effect, the Office of the City Veterinarian shall cause the notification of all concerned city residents of this provision.(b) The Office of the City Veterinarian concerned, upon presentation of any pet animalfor registration, shall require the pet owner thereof the following: 1. 2.

Duly accomplished Application Form; Residence Certificate of the parent/guardian of the pet owner, as the case maybe; and

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Certificate of Anti-Rabies Vaccination of such pet animalto be registered, in the absence of which the physical presence of such pet animalto be registered.

(c) After due compliance of the foregoing requirements, the Office of the City Veterinarian, within reasonable time but not to exceed fifteen (15) days upon registration, shall cause the issuance of Certificate of Registration of such pet animalto the pet owner concerned, specifically stating thereon the following: 1. 2.

Name, address, contact number, and other vital information pertaining to the registrant pet owner; Name, breed, sex, color, and other vital information pertaining to the registered pet animal.

(d) To ensure accuracy in identification, the Office of the City Veterinarian shall be authorized to impose permanent Animal Registration Tag (ART) upon each registered pet animal, to consist of information or serial numbers that would exactly and clearly identify the pet animal with the Registration Certificate issued there for. Absence of ART from any stray dog or cat caught in accordance with the provisions of City Ordinance No. 13, series of 2008, otherwise known as the 2008 Anti-Stray Animal Ordinance of the City of General Santos shall be punishable by the maximum penalty imposed under this Ordinance, without prejudice to the imposition of other fines and penalties provided for under the aforesaid City Ordinance No. 13, series of 2008. (e) Registration of pet animalsshall be three (3) months from birth. A lifetime Registration Fee in the amount of Twenty Pesos (P20.00) per pet animal exclusive of the cost of animal tags shall be collected from the pet owners for purposes of this Section, thereby taking into consideration the actual procurement costs thereof plus other capital and incidental expenses. The payment of such shall be made directly to the Office of the City Treasurer. (f) Within reasonable time but not to exceed one (1) year after this Ordinance shall have taken effect, the Office of the City Mayor through the Office of the City Veterinarian shall immediately cause the procurement of Animal Tags including the essential accompaniments thereof in accordance with Republic Act Numbered Ninety-one Hundred and Eighty-four (RA 9184) or the Government Procurement Reform Act. (g) The following are deemed exempted from the provisions of this Section:

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Dogs/cats owned or in the custody of or under the control of persons who are non-residents of the city or temporarily sojourning thereat for a period not to exceed sixty (60) days; Dog/cat brought to the city exclusively for the purpose of registering them as participants in dog/cat shows or other animal exhibitions; Dogs/cats placed on sale at pet shops and other enterprises for animals with proper business licenses issued for by the City: provided, that immediately upon the sale of any such dog or cat, the storeowner

concerned shall not fail to advice the buyer of the provisions required of the latter to accomplish pursuant to this Ordinance. Any negligent act committed by any such storeowner in violation of this Ordinance shall be punishable under this Ordinance. Section 4. (a) It shall be unlawful for any owner of registered pet animalresiding in the City to improperly remove or cause the improper removal of the ART imposed upon such pet animals, except when these animals are to be duly participated in as contestants of dog/cat shows or other exhibitions, in which case, temporary removal thereof is allowed. (b) It is also unlawful for any owner of registered dogs and cats residing in the city to improperly transfer or cause the improper transferring of the ART imposed upon a particular pet dog or cat to other dogs or cats to which such ART does not belong. (c) In case of lost, stolen or damaged ART of registered dogs/cats, owners thereof shall be required to submit such animal to the Office of the City Veterinarian for proper re-tagging within ten (10) days from the day such ART is lost, stolen or damaged. (d) All owners of registered dogs and cats are required to report the death of such animal to the Office of the City Veterinarian within five (5) days after the death of the animal. (e) In case of transfer/change of ownership of registered pet animal, owners thereof shall without delay notify the Office of the City Veterinarian for proper identification. Section 5. (a) No person, while residing in the city, shall keep as pet any dog or cat which is unvaccinated with anti-rabies vaccines. (b) The Office of the City Veterinarian concerned shall see to it that all registered dogs and cats are revaccinated with anti-rabies vaccines every after one (1) year beginning from the time of first vaccination or in accordance with the labels of the Bureau of Food and Drugs (BFAD) licensed rabies vaccines. (c) Refusal/failure by any pet owner to have their dogs and cats vaccinated in accordance with the aboveprescribed period shall be punishable with the maximum penalty provided for under this Ordinance. (d) Pending vaccination in violation of the preceding paragraph, seizure and detention of the subject animal at the City Animal Shelter shall be done right away, the owner thereof to pay the impounding costs as a result pursuant to the pertinent provisions of City Ordinance No. 13, Series of 2008. Section 6. (a) Violation of this Ordinance shall subject the offender to the following penalties:

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For first offense: fine of Five Hundred Pesos (P500.00); For second offense: fine of One Thousand Pesos (P1,000.00); For third offense: fine of One Thousand Five Hundred Pesos (P1,500.00).

(b) Authority is hereby given to the Office of the City Veterinarian to issue citation ticket(s) against any offender caught violating this Ordinance. Such issued citation ticket(s) shall specifically state therein the type of offense including the amount of the corresponding fine and other observed remarks. Settlement of cited fine(s) shall be made directly at the City Treasurer’s Office. (c) For failure to pay the penalty within five (5) days from the issuance of citation ticket(s), the pet animal shall be taken into temporary custody at the City Animal Shelter through the Office of the City Veterinarian pursuant to the pertinent provisions of City Ordinance No. 13, Series of 2008. Section 7. No pet owner residing within the City shall leave or throw unburied the cadaver of any pet animal elsewhere. Any pet owner found violating this provision shall be made to suffer the maximum penalty provided for under this Ordinance without prejudice to the imposition of other violations provided for by applicable laws, rules and regulations.

Section 8. This Section shall govern the extent of liability that pet owners shall bear whenever their pet animals may have caused injury or damage to persons or properties. 1.

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In the case of a pet animal causing damage to property, the registered pet owner thereof shall indemnify the total cost of damage to property. However, if at the time such damage occured the pet is under the possession of a person other than its own owner, then the actual custodian or possessor thereof shall bear the total costs of the damage. In the case of a pet animal causing injury to other persons, the injured victim shall be entitled to receive from the registered pet owner thereof such compensation to include the total costs of medical treatment and/or hospitalization as the case may be, including the costs of specimen examinations whenever such pet animal is suspected of being rabid. At the time of hospitalization, such victim shall also receive from the registered pet owner such other compensation relative to income loss. However, if at the time of such injury the pet is under the possession of a person other than its owner, then the actual custodian or possessor thereof shall bear the costs of indemnity the victim is entitled to be receiving as a result. In case of death of the injured victim as a result, corresponding payment of damage to life shall base upon the prevailing cost of indemnity to life the court is currently adopting at the time of such death.

Section 9. (1) In order to promote the general welfare and abate the degree of danger to persons and properties, no person permanently residing within the following areas situated within the City shall be allowed to own, domesticate, or keep inside the household premises more than two (2) pet animals or breed/propagate for whatever purpose any pet animal: 1. 2.

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Low-cost/economic private residential subdivisions with areas not exceeding 120 square meters per lot; Residences/employees communities established inside government complexes, i.e., state colleges/universities, public schools, airports, wharves, fish ports, depots, military or police barracks, and other similar public facilities/utilities, except when animal breeding is purposely intended for academic/scientific research; Residences/communities illegally established alongside foreshore areas, riverbanks, road rights-ofway, danger zones, and other public lands; and Residences/communities established within government relocation sites.

(2) Any person found violating the foregoing provision shall be made to suffer the maximum penalty provided for under this Ordinance without prejudice to the imposition of other violations provided for by applicable laws, rules and regulations. Any pet animal in excess of the maximum number a person allowed to own, domesticate, or keep inside the household premises provided in this paragraph 1 of this section shall be surrendered to the City Animal Shelter or secure a permit to own, domesticate or keep such animal from City Veterinary Office. (3) Dogs that are utilized to augment security measures in government facilities, airports, fishports, wharves, depots, malls and other commercial establishments shall be exempted from this parameter.