2010 O - 13 - ESTABLISHING OLONGAPO CITY ANIMAL CODE OF 2010

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JUNE 23, 2010 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - City Vice-Mayor & Presiding Officer

Hon. Gina Gulanes-Perez - - City Councilor

Hon. John Carlos G. delos Reyes- - “ “

Hon. Rodel S. Cerezo- - - “ “

Hon. Sarah Lugerna Lipumano-Garcia - - - “ “

Hon. Edwin J. Piano- - - - - “ “

Hon. Angelito W. Baloy- - - “ “

Hon. Aquilino Y. Cortez, Jr. - - - “ “

Hon. Anselmo A. Aquino - - “ “

Hon. Elena C. Dabu - - - “ “

Hon. Audie S. Sundiam- - - President, Liga ng mga Barangay

Hon. Cheenee F. Hoya- - - - - SK Federation President

ABSENT:

Hon. Jonathan G. Manalo- - - City Councilor

WHEREAS, the City Government of Olongapo known for its innovative and responsive legislation enacted various ordinances and resolutions to include an ordinance on animal care and protection, responsible pet ownership, as well as sanitation and cleanliness relative to pet maintenance;

WHEREAS, the need for a more comprehensive and integrated law specific to animals has become imperative in response to the clamor for more updated provisions and penalties for effectiveness and efficiency;

WHEREAS, dogs, which are stray, unleashed and/or not confined, pose a public health hazard as exemplified by the intolerable incidence of rabies caused by dog bites;

WHEREAS, study was able to establish that animals which are let loose are the number one carriers of diseases. Among the common ailments transmitted by dogs, cats and other animals to human are skin diseases, colds, and those, caused by parasites and bacteria and one most important is rabies;

WHEREAS, stray animals especially those which are always roaming in the streets posed imminent danger and records show that many passersby turn victims of stray dogs that scour for food on trashes in plastic bags and containers filled-up for collection;

WHEREAS, it has been established that the dog population in the country is 70million. In Olongapo City, dog population has risen from 5,000 in 1998 to about 7,000 or more in 2005. Those roaming the streets have alarmingly increased which indicates that existing ordinances on stray animals are complete failure.

WHEREAS, upon investigation and interview with the Barangay Officials, one of the causes of the failure of Ordinance No. 30, Series of 1998 was the inability of the Barangay to sustain the cost of food of these animals under their care when owners failed to redeem them, the lack of training of the Barangay Dog Catcher and mostly failure of the owners to be a responsible pet owner.

WHEREAS, Section 458(4)(viii) of the Republic Act No. 7160, otherwise known as the Local Government Code at 1991, grants power to the City Council of each city to regulate the keeping of animals in homes or as a part of a business;

WHEREAS, it is the bounded duty of the City Council to safeguard public health by regulating the possession, ownership and/or keeping of dogs or stray animals.

NOW, THEREFORE, on motion of City Councilor Edwin J. Piano, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 13
(Series of 2010)

AN ORDINANCE ESTABLISHING OLONGAPO CITY ANIMAL CODE OF 2010

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION
ASSEMBLED, THAT:

ARTICLE I
GENERAL PROVISIONS

SECTION 1. TITLE. This Code shall be known as the “OLONGAPO ANIMAL CODE of 2010.”

SECTION 2. COVERAGE. The provisions of this Code shall govern all subject matters relating to the care and control of animals situated within the City of Olongapo.

SECTION 3. DEFINITION OF TERMS. For the purpose of this ordinance, the following terms shall be understood in the sense indicated herein.

3.1 Code - Olongapo City Animal Code of 2010;

3.2 APCS - Animal Protection and Control Service Division;

3.3 Animal - shall include but not limited to: dogs, cats, snakes, monkeys, rabbits, birds,
carabaos, cows, pigs and other animals;

3.4 Owner - shall mean any person who possesses, has title to or an interest in, harbors
or has control, custody or possession of the animal;

3.5 Injury - damage or harm done to or suffered by a person;

3.6 Property - refers to any material objects within the commerce of man whether real or personal property;

3.7 At Large - shall mean any animals off the premises of its owners and not under
physical restraint;

3.8 Vicious and Dangerous - any animals when unprovoked inflicts bites or attacks a
human being or with a known propensity, tendency or disposition to attack unprovoked, to cause injury or otherwise endanger the safety of humans or domestic animals, except when it attacks or inflicts bite upon a Trespasser of a fully enclosed building or houses;

3.9 Endangered Animals - refers to animals that is facing extremely high risk of
extinction in the wild in the immediate future;

3.10 Exotic Animals - means animals which do not naturally occur in the country;

3.11 Wildlife - means naturally occurring or has naturally established population in the country;

3.12 Quarantine - enforced isolation or restriction of free movement imposed to prevent
the spread of contagious disease.

ARTICLE II
REGULATING BODY

SECTION 4. The “Animal Protection and Control Services Division” of Olongapo City is hereby established.

SECTION 5. The City Veterinarian shall head the Animal Protection and Control Services Division under the Office of the City Veterinarian, which shall be under the jurisdiction of the City Mayor with the following organizational structure:

SECTION 6. The Animal Protection and Control Services Division under the Office of the City Veterinarian is tasked to:

6.1 Initiate programs for the prevention and control of animal communicable
and transmissible diseases transferable to humans (zoonosis);

6.2 Regulate the keeping of domestic animals, particularly dogs;

6.3 Prevent and eliminate stray, apparently ownerless and uncared for animals in any public places within the city;

6.4 Implement a continuing program for the eradication of rabies among susceptible animals within the city;

6.5 Establish a workable disease investigation, surveillance, reporting and appraisal
of animal diseases;

6.6 Undertake the delivery of technical and other logistics in the implementation of these activities;

6.7 Cause the posting of signage/warning that the house or compound has a biting animal;

6.8 Cause the printing, posting in conspicuous places and publication of the Animal
Ordinance for information dissemination;

6.9 Establish a hotline and official cellphone/sms contact number where concerns will be promptly addressed in a 24/7 basis.

SECTION 7. In addition to the above mandate, the Animal Protection and Control Services Division under the Office of the City Veterinarian shall likewise be tasked, under this Code the following:

7.1 To operate and manage a shelter for impounded animals and in relation to this: provide nourishment and medical care for animals in its care, basic health screening for animals and a disease control program for the facility; vaccination of animals; euthanasia of animals by humane methods; information on animal control laws, and maintenance of all animals impounded or otherwise taken into custody;

7.2 To enforce the provisions of this code and/or any other ordinances that pertains to the care and control of animals;

7.3 To conduct field patrols which includes monitoring the status of registered dogs and other pets, conduct emergency response activities, cause impoundment of animals, and enforce animal quarantine directives.

SECTION 8. It shall be unlawful for any person to oppose, resist, or otherwise interfere with the personnel of the Animal Protection and Control Service Division under the Office of the City Veterinarian or any of its authorized deputies in the performance of the duties herein set forth.

ARTICLE III
ANIMAL WELFARE, CARE AND PROTECTION

SECTION 9. It shall be unlawful for any person to torture any animals, to neglect adequate care, sustenance or shelter or maltreatment of any animal, kill or cause, or procure to be tortured, or deprived of adequate care, sustenance or shelter, or maltreat or use the same in research or experiments and fights not authorized by the law.

The killing of any animal other than cattle, pigs, goats, sheeps, poultry, rabbits, carabaos, horses, deer and crocodiles is likewise, hereby declared unlawful except in the following instances:

1. When it is done as a part of a religious practices of an established religion or sector ritual required by tribal or ethnic custom of indigenous cultural communities;
2. When the pet animal is afflicted with an incurable communicable disease as determined and certified by a duly licensed veterinarian;
3. When killing is deemed necessary to put an end to the misery suffered by the animal as determined and certified by a duly licensed veterinarian;
4. When it is done to prevent an imminent danger to the life or limb of human beings;
5. When done for purpose of animal population control;
6. When the animal is killed after it has been used in authorized research for experiments;
7. The slaughter of any kind of animals for sale to, or consumption of the public, shall be done in the City Slaughterhouse. The slaughter of animals intended for home consumption may be done elsewhere except for large cattle, carabaos and horses: Provided that the animal slaughtered shall not be offered for sale. As stated in the Ordinance No.22 (series of 1994) Section 1.
8. Any other grounds analogous to the foregoing as determined and certified by a duly licensed veterinarian.

In all the above mentioned cases, including cattle, pigs, goats, sheeps, poultrys, rabbits, carabaos, horses, deer and crocodiles, the killing of the animals shall be done through humane procedures at all times.

For this purpose, human procedures shall mean the use of the most scientific methods of killing animals.

SECTION 10. It shall be unlawful to transport a dog in a motor vehicle upon any street within the city unless the dog is fully enclosed within the motor vehicle, or is protected by a belt, tether, car seatbelt, container or other devices that will prevent the dog from falling, jumping or being thrown off the vehicle.

SECTION 11. No dog or other animal shall be left completely enclosed in a parked vehicle without adequate ventilation, or in such a way as to subject the animal to extreme temperatures which may adversely affect its health and welfare.

SECTION 12. The slaughter of dogs and sale and/or transport of dogs meat in the City of Olongapo are strictly prohibited.

SECTION 13. The use of airgun rifles and pistols for hunting birds and other winged animal is prohibited within the City of Olongapo.

SECTION 14. This code shall be in compliance with the provisions of Republic Act No. 8485 - An Act to Promote Animal Welfare in the Philippines Otherwise Known As "The Animal Welfare Act Of 1998"

ARTICLE IV
SANITATION, DISEASE AND NUISANCE CONTROL

SECTION 15. No person shall allow the continuous barking, yelping, whining, howling, or otherwise disturbing noise by an animal, such that the situation becomes a nuisance to the
public. The local barangay shall take appropriate action to correct the situation on the basis of complain filed with its office. In coordination with the Office of the City Veterinarian, it may cause the impoundment of the animal on the 2nd instance of the complaint.

SECTION 16. It shall be unlawful for any person owning or having control or custody of any animal, such as, but not limited to dog, cat, horse, pig, etc to permit the animals to urinate or defecate upon the public and private property.

16.1 Any person walking a dog on a public property of this city or upon the private property of another should carry at all times a suitable receptacle and instrument for the removal and disposal of dog feces.

SECTION 17. Dog owners taking their pets out for a walk and strolls shall ensure that their dogs are properly restrained with at least one (1) meter long and properly muzzled as applicable.

SECTION 18. Straying or roaming of animals in public places, streets, or plaza is prohibited and shall be seized and impounded by an agent of Animal Protection and Control Services Division under the Office of the City Veterinarian using tranquillizer gun and/or other instrument used for restraining and capturing stray dogs and/or any animals.

SECTION 19. The dumping of carcass of dead animals such as but not limited to dogs, cats, pigs, rats, among others in drainage, canals, rivers and other waterways is strictly prohibited including all public places such as roadways, sidewalks, publicly-owned vacant lot, and public properties such as garbage bins.

19.1 Owners of dead animals are required to properly bury/dispose of their pet’s carcass, either within their premises or avail of the facilities of a crematorium. Proper disposal of the animal carcass may also be coordinated with the Environment Sanitation Management Office after paying the prescribed fee.

ARTICLE V
OWNER OBLIGATION AND LIABILITY

SECTION 20. REGISTRATION. It shall be unlawful for any person to own, keep or have control of a dog without having obtained a registration. All dogs, 3 months and above shall be required to be registered.

20.1 The requirement for Dog Registration shall be as follows:

For the owner/s which has a private veterinarian:

(a) Duly accomplished Application Form;

(b) Registration fee of Thirty Pesos (PhP30.00).

For the pet dog:

(a) Certificate/ proof of anti-rabies vaccination;

(b) The animal’s physical presence/appearance, in the absence of a proof of anti-rabies vaccination;

(c) Proof of appropriate dog house/cage as applicable.

20.2 For the owner/s without a private veterinarian or anti-rabies rendered by the
Office of the City Veterinarian:

(a) Duly accomplished Application Form or Animal Vaccination Form;
(b) Registration fee of thirty pesos (PhP30.00). Dogs shall be vaccinated annually with anti-rabies vaccine.

20.3 During the submission of the application, a Certificate of Registration shall be issued by the Office of the City Veterinarian, stating the following:

(a) Name, address and contact no. of the owner or the person to whom the registered animal was issued;
(b) Name, breed, sex and color of the animal;
(c) Registration No. and date of vaccination;
(d) Issuance of a dog tag indicating the breeding, date of vaccination and registration no. of the dogs.

20.4 Validity. Dog Registration shall be valid for one year from date of registration
and must be renewed annually.

20.5 The barangay unit in coordination with Animal Protection and Control Services Division and upon passage of a Barangay Resolution may conduct the registration of animals. Barangay unit who conducts animal registration shall be given a 15% share of total registration fees collected.

20.6 New residents shall have maximum of 30 days to register their pet dogs.

20.7 Exception to the provisions of the section are the following:

(a) Dogs owned or in the custody of or under the control of persons who are non-residents of the city or temporary sojourning in the city for a period not exceeding 30days;
(b) Dogs brought to the city exclusively for the purpose of entering the same in a dog show or exhibition;
(c) Dogs owned by shops and other enterprises maintaining animals, which have been granted business licenses by the city.

SECTION 21. Registration tags shall be securely displayed upon the animal at all times, except when the animal is confined to the owner’s premises or displayed in any show exhibit. The removal of animal tag is strictly prohibited and punishable under this code.

21.1 Dog tags are non-transferable from animal to animal or from owner to owner.
21.2 If any tag shall be lost or stolen, damaged or worn-out and become unreadable,
the owner to which the same was issued shall be entitled to receive a duplicate/replacement upon the presentation of the original Certificate of Registration showing ownership of the said tag and subscribed affidavit in case of loss, plus a replacement fee of one hundred pesos (Php100.00)
21.3 Dog tags shall be surrendered to where it has been registered upon death of the animal.

SECTION 22. Pet shops and other enterprises such as but not limited to veterinary clinics and breeders maintaining and selling animals, which have been granted business licenses by the city, are required to register with the Office of the City Veterinarian and periodically submit a list of the animals in their custody in the prescribed format.

22.1 Any person engaged in business stipulated in the above section shall be covered by this ordinance and additionally be charged with violation of the City Revenue Code and other pertinent ordinances.

SECTION 23. All dog owners are required to submit their dogs for anti-rabies vaccination every year or annually.

SECTION 24. The City Government of Olongapo hereby imposes a penalty on owners of animals, which cause injury or damage to another person or property.

24.1 In case damage to property, the indemnity shall be paid by the owner/possessor
of animals based in the extent of the actual damage caused on the said property.

24.2 In case of injury sustained by individuals, the following shall govern:

a) In case where the ownership of the animals has been duly established, the injured victim shall immediately be entitled to receive financial compensation from owner/possessor of animals for their medication;
b) When injury sustained by the victim requires medical attendance or confinement for a certain number of days, the owner of the animal shall be required to pay for the loss of income of the victim during the period when he/she is not working;
c) The injured victim must submit a medical certificate from any licensed physician in support of their claim and/or pay slip or certificate from the employer in case of payment of income loss.

24.3 If the owner of the animal willfully refuse, without justifiable cause, to pay the
expenses necessary for the medication of the victim or pay for the damage caused to personal property, the Office of the City Veterinarian or the victim himself shall institute appropriate charges in order to enforce his/her claim;

24.4 Filling and/or payment of claims, pursuant to this measure, is without prejudice or shall not constitute a bar in filling similar claims under existing laws.

ARTICLE VI
IMPOUNDMENT

SECTION 25. Any animals engaging in an activity or existing in a condition as prohibited by the provisions of this code shall be taken up and impounded by the Office of the City Veterinarian thru Animal Protection and Control Services Division.

SECTION 26. Any person may take up and deliver or cause to be delivered to the Animal Protection and Control Services Division under the Office of the City Veterinarian any animal “at large” within the city on public property or upon said person’s private property.

26.1 Any person taking up any animal under the provisions of this section shall immediately thereafter give notice thereof to the Animal Protection and Control Veterinarian. The office shall there upon hold and dispose of said animal in the same manner as though said animal had been found astray and impounded.

SECTION 27. Period of impoundment. All animals shall be kept by the Animal Protection and Control Services Division under the Office of the City Veterinarian for the period of not more than 5 days, unless redeemed within such period. Calculation of the 5-day impoundment period shall commence from the date of apprehension and shall include Saturdays, Sundays and Holidays.

SECTION 28. Notice of impoundment. The Office of the City Veterinarian shall give notice to the owner of the animal of the impoundment, if such information is available on record. Otherwise, the Office of the City Veterinarian shall cause the advertisement of the impoundment in a conspicuous area within the perimeter where the animal was last found. Expenses or costs for the advertisement shall be charged to the owner.

POUND NOTICE

Impounded at the Office of the City Veterinarian, The following described Animal/s:
__________________________________________________________________

Which unless redeemed before the date herein indicated shall be given for
Adoption at the Office of the City Veterinarian at (time) o (date)

SECTION 29. REDEMPTION. The owner of any animal impounded or taken into custody, may at any time before the disposition thereof, redeem the same by paying all accrued fees and corresponding charges, and in the absence of compulsory registration papers, relevant expenses thereof;

SECTION 30. DISPOSITION. Any animal held in custody which is not reclaimed by its owner within the (5) days after, notice shall be deemed to be abandoned and may be disposed of by the Office of the City Veterinarian through adoption, provided, however, that said animal is dangerous to retrain or it suffering excessively, it may be forthwith humanely destroyed.

30.1 A wildlife animal which has been taken up shall be deemed not to be impounded. Such animal need not be retained for any minimum period of time, but shall be surrendered immediately to Wildlife Rescue Center of the Department of Environment and Natural Resources (DENR), accredited zoo operator or Animal Welfare Institution , unless said animal is dangerous for suffering excessively, in which case it maybe forthwith humanely destroyed.

30.2 For a justifiable reason, an animal may be voluntarily surrendered by owner which shall be deemed abandoned and need not be impounded and kept by the Office of the City Veterinarian for any minimum period of time.

It may be destroyed or otherwise given up for adoption to a pre-screened responsible individual by the Office of the City Veterinarian for a prescribed fee.

30.3 It is hereby prescribed that Adoption Days for impounded animals shall be Mondays to Fridays except during Holidays, starting from 9 a.m. to 12 noon at the Office of the City Veterinarian in the presence of a representative of the Office of the City Treasurer after payment of all necessary fees.

30.4 There shall be an impounding fee of Php150.00 per animal plus PhP10.00 per succeeding day.


ARTICLE VII
QUARANTINE DIRECTIVES

SECTION 31. Animal falling into one or more of the following categories shall be isolated or quarantined at the place and under the conditions prescribes by the City Veterinarian and pertinent national laws and regulations:

a) Known rabid animals;
b) Suspected rabid animals;
c) Animals which have bitten or otherwise exposed a human being to rabies or suspected rabies;
d) Animals which have been bitten by a known or suspected rabid animals or have been intimate contact with the same.

SECTION 32. In the event any animal consecutively causes or is reported and recorded to have caused severe injury to a person or other animals several times within a year, or is regarded as “vicious and dangerous” as defined in this code, the Animal Protection and Control Services Division under the Office of the City Veterinarian may recommend that such animal be declared as a menace to Public Health and Safety and shall so inform the City Veterinarian, who in turn shall file other appropriate charges in court before the City State Prosecutor. If the court finds the animal to be a menace to public health and safety, the Office of the City Veterinarian upon the order of the Court, shall impound, hold and humanely destroy the animal unless the owner shows the court good cause why the animal should not be destroyed.

ARTICLE VIII
POSSESSION OF WILDLIFE AND EXOTIC ANIMALS

SECTION 33. No person or entity shall be allowed possession of wildlife, unless a clearance from the Secretary of the DENR or authorized representative is first obtained.

ARTICLE IX
PENAL PROVISION

SECTION 34. For effective and efficient enforcement, the following penalties shall be imposed for violators of the provisions of this code.

1st Offense : Issuance of citation ticket with stern Warning
2nd Offense : Two Thousand Five Hundred Pesos (Php2,500.00)
3rd Offense : Five Thousand Pesos (Php5,000.00) or 30 days
Imprisonment or both at the discretion of the court

CHAPTER X
FINAL PROVISIONS

SECTION 35. IMPLEMENTING AUTHORITY. The Animal Protection and Control Services Division under the Office of the City Veterinarian is hereby mandated and tasked as the lead agency to implement and enforce this Code or Ordinance. For this purpose, it may seek the cooperation and support of the operatives of the local law enforcement agencies, barangay officials, and such other government agency as it may deem necessary.

SECTION 36. Separability clause. If for any reason, any part or provisions of this Code or Ordinance shall be held to be unconstitutional or invalid, other parts of or provisions hereof which are not affected shall continue to be in full force and effect.

SECTION 37. Repealing clause. All ordinances, administrative regulations, or parts thereof which are inconsistent with any provisions of this Ordinance are hereby repealed, amended or modified accordingly.

SECTION 38. Effectivity. This Ordinance shall take effect upon its approval.

APPROVED UNANIMOUSLY, June 23, 2010.

APPROVED UNANIMOUSLY, June 23, 2010.

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES

City Councilor City Councilor

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA

City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY

City Councilor City Councilor

AQUILINO Y. CORTEZ, JR. ANSELMO A. AQUINO

City Councilor City Councilor

ELENA C. DABU JONATHAN G. MANALO

City Councilor City Councilor

(Absent)

AUDIE S. SUNDIAM CHEENEE F. HOYA

President, Liga ng mga Barangay SK Federation President

ATTEST:

ELFLIDA S. SALMON

Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON ____________________.

JAMES GORDON, JR.

City Mayor

ATTEST:

DELFIN A. JUICO, JR.

Secretary to the City Mayor