Republic of the Philippines
Province of Bukidnon
CITY OF MALAYBALAY
*
*
*
Office of the Sangguniang Panlungsod
EXCERPT FROM THE MINUTES OF THE 36TH REGULAR SESSION FOR CY 2009
OF THE FOURTH SANGGUNIANG PANLUNGSOD OF THE CITY OF MALAYBALAY,
BUKIDNON, HELD AT THE SP SESSION HALL ON DECEMBER 8, 2009.
PRESENT:
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
City
City
City
City
City
City
City
City
City
City
City
Vice Mayor Ignacio W. Zubiri, Presiding Officer
Councilor Victor P. Aldeguer
Councilor Manuel L. Dinlayan
Councilor Melchor P. Maramara
Councilor Bob Roberto T. Casanova
Councilor Amado C. Estrada
Councilor Aurora F. Deticio
Councilor Jaime P. Gellor, Jr.
Councilor Conrado M. Barroso
Councilor Clarita C. Carbajal
Councilor Fernando O. Melendez
ABSENT :
Hon. City Councilor Glorio D. Sajulga (Official Business)
Hon. City Councilor Niko P. Aldeguer (Official Business)
- - - - - - - - - - - - - - - - - - - - - - - - - - - ORDINANCE NO. 668
Series of 2009
AN ORDINANCE PROVIDING FOR THE RULES AND REGULATIONS FOR THE
WELFARE OF ANIMALS AND THE CONTROL OF RABIES IN HUMAN AND ANIMALS
IN THE CITY OF MALAYBALAY PURSUANT TO REPUBLIC ACT 8485 (ANIMAL
WELFARE ACT OF l998) AND REPUBLIC ACT 9482 (RABIES ACT OF 2007)
Previous ordinances related to Rabies Control
l. Chapter l4 (Public Safety) Article l (Dog Vaccination)
of
the Code of General Ordinances
2. Chapter l4 (Public Safety) Article 5(Impounding of
Astray
Animals) of the Code of General Ordinances
Section 1. TITLE OF ORDINANCE: This ordinance shall be known
as the “Malaybalay City Anti-Rabies Ordinance” or “An Ordinance
providing for the Rules and Regulations for the welfare of
animals and the control of rabies in human and animals in the
City of Malaybalay pursuant to Republic Act 8485 (Animal Welfare
Act of 1998) and Republic Act 9482 (Rabies Act of 2007).
Section 2.
DEFINITION OF TERMS – When used in this
ordinance the following terms shall be understood to have the
following meaning, to wit:
1. Dog – an animal that belongs to
(Scientific name: Canis familiaris).
the
canine
family
2. Purebred- dog that belongs to a group of unmixed lineage
or without admixture of breed.
3. Upgraded- improved mixture
commonly known as mongrel.
of
different
breed
of
dog
4. “Askal”-a colloquial name for local native or low grade
dog, literally, “asong kalye or street dog “.
5. Owner – any person, who owns or cares for a pet animal,
or any person who dwells in or occupies any building or
residential unit where the said animal is kept.
6. Dog Registration Tag – tag issued by the Local Rabies
Prevention and Control Center (LRPCC) to a locally
registered dog, which is a pre-requisite to rabies
vaccination.
7. Stray dog – a dog without an owner or one whose system of
care is not in accordance with regulations pertaining to
this ordinance.
8. Vaccination – the administration of proper vaccine to
human and animals.
9. Dog Vaccination Tag- Given to a dog that undergoes
vaccination. NRPCC assigned, shape and colors varies
every year for easy identification of vaccinated or
unvaccinated (expired) dog
- 2 10.
Program- Local Rabies
11. CommitteeCommittee.
Local
Prevention and Control Program
Rabies
Prevention
and
Control
CREATION OF CITY RABIES PREVENTION AND CONTROL COMMITTEE (CRPCC)
Section 3. There
is
hereby
created
the
City
Rabies
Prevention and Control Committee (CRPCC) with the City Mayor as
Honorary Chairman with the following members:
1. City Mayor – Honorary Chairman
2. City Veterinarian – Chairman
3. City Health Officer – Co-chairman
4.
5.
6.
7.
8.
9.
MEMBERS
City Agriculture Officer
The Division Superindent of Schools/ District Supervisors
The President, Association of Barangay Captains (ABC)
The PNP Station Commander
Solid Waste Management Officer
The City Legal Officer
DUTIES OF THE CITY RABIES PREVENTION AND CONTROL COMMITTEE
(CRPCC)
Section 4.
The committee shall undertake the planning,
implementation and monitoring of all its programs, projects and
activities in coordination with the National Rabies Prevention
and Control Committee (NRPCC) and all concerned government
agencies and Non-Government Organizations (NGOs) with the end in
view of eradicating and/or neutralizing the threat of rabies
against the population and in line thereto:
1. The Committee may create a technical working group which
shall likewise be multi-sectoral or multi-agency for the
purpose of assisting the committee.
2. The City Veterinary Office shall act as secretariat for
the Committee. The secretariat shall be responsible among
others in the sending of notices, keeping all minutes,
records, and documents relative to the meeting or
deliberation of the committee and submission of reports
to NRPCC and forwarding of list of violators to the City
Legal Department for appropriate legal action.
3. The Committee, on common consensus shall schedule a
regular meeting during the initial year of implementation
of the Local Rabies Prevention and Control Program and
every quarter of the succeeding year; however, a special
meeting may be called whenever necessary.
4. The
Committee
shall
establish
the
appropriate
organizational structure and internal rules governing its
operation and management to ensure orderly, consistent
and
full
cooperation
of
its
members
effective
immediately.
5. The Committee shall formulate its program, and recommend
additional rules and regulations in coordination with the
NRPCC, as may be necessary in the implementation thereof.
- 3 6. The Committee
following:
shall
likewise
be
a. Identify activities, projects
for rabies elimination.
responsible
and
for
priority
the
areas
b. Prepare and recommend the work and financial plan
for
the
Program
for
inclusion
in
the
City
Veterinary Services budget proposal under the
General Fund Budget.
c. Identify other sources of funds
receipt
of
grants/donations
to
implementation of the program.
and authorize
support
the
d. Recommend the operational budget of the Committee
and its Secretariat for inclusion in the annual
appropriations of the City Veterinary Services.
e. Monitor the activities contained in the Program by
the participating agencies and organizations.
f. Recommend and coordinate the conduct of researches
on rabies, its prevention, control and eradication
in coordination with other agencies.
g. Recommend the rabies-free areas to the NRPCC for
the joint declaration of the DA and DOH.
h. Conduct a local performance evaluation annually or
as deemed necessary and assess if the objectives of
the program were achieved. Corollary, it shall
prepare the local annual report.
7. Enforce the apprehension of dog and dog impounding to
eliminate stray dogs.
8. The committee shall conduct Information Dissemination
Campaign to discourage the community in seeking the
services of quack doctor, (“tandok”) as treatment for
Rabies.
9. Conducts “Search for Best Barangay in Rabies Prevention
and Control Program” to assess or evaluate if the
objective of the program is achieved.
10. It shall identify
within the city.
“rabies
risk”
barangays
or
areas
FUNCTIONS OF THE MEMBERS OF THE CITY RABIES PREVENTION
AND CONTROL COMMITTEE (CRPCC)
Section 5. Members of the committee have the following
functions, to wit:
- 4 1. City Mayor
a. As Honorary Chairman, shall lead, recommend and
assist
in
the
formulation
of
policies
and
guidelines on all matters pertaining to rabies
prevention and control measures and supervising and
regulating the establishment and operations of all
facilities utilized for breeding, maintaining,
keeping, treating or training of all animals either
as objects of trade or as household pets including
birds.
b. Approve policy guidelines towards the attainment of
goals and objectives.
c. Recommend the
implementation
activities.
appropriation of
of
programs,
funds for
projects
the
and
d. Conduct regular committee meetings.
e. Decide with finality on all matters pertaining to
the program.
f. See to it that the IRR of RA 9482 (Rabies Act of
2007) RA 8485 (Animal Welfare Act of 2008) is
properly implemented and adopted for LGU use.
2. City Veterinarian – Chairman
a. Implement, supervise and monitor the activities and
projects of the CRPCC in compliance with RA 9482 and
RA 8485 and its IRR’s.
b. Be responsible in handling and evaluating dogs and
other possible rabies infected animal that bite
humans.
c. Formulate complementary measures to eliminate rabies
cases in the city.
d. To submit report to and coordinate regularly with the
Provincial as well as Regional and National Rabies
Prevention and Control Committee (NRPCC).
e. Advise the City Mayor as the Honorary Chairman on all
matters pertaining to the improvement of the CRPCC
program.
f. Ensure that IRR of RA 9482 as well RA 8485 also known
as the Animal Welfare Act of 1998 is properly
implemented.
g. Perform such other functions related to the Program as
may from time to time be issued by higher authorities.
3. City Health Officer – Co-Chairman
a. Act as a frontline in undertaking activities that may
reduce human rabies cases in the city.
b. Be responsible in handling dog bite victims
establish Animal Bite Treatment Center (ABTC).
and
c. Conduct seminars on “Rabies and Proper Handling of Dog
Bite Victims” together with the City Veterinary
Office.
- 5 d. Comply with and Implement IRR of RA 9482 especially
the provisions on Section 6B (1) to (7).
MEMBERS
4. City Agriculture Officer
a. Instruct agricultural technicians to assist in the
implementation of the program in their respective
barangay and shall coordinate with the punong barangay
and the city veterinarian from time to time.
b. Encourage collaborative activities with the committee.
5. The Division Superintendent of Schools /District
Supervisors
a. Instruct the teachers to incorporate the topic
“Rabies” as approved by the NRPCC in the school
curriculum.
b. Participate in reducing rabies cases by allowing the
pupils and teachers to attend rabies seminars in
schools and encourage “Responsible Pet Ownership”
c. Comply with, and implement RA 9482 especially the
provisions on Section 6C (1) to (4).
6. The President, Association of Barangay Captains (ABC)
Implement the CRPCC program in all barangays of the city
and report such to the committee. Strictly enforce and
monitor dog leashing and confinement in all barangays.
Facilitate the conduct of mandatory routine census to
update dog population in all barangays. Adopt measures
on
compulsory dog registration, vaccination and impounding
of
stray animals. Encourage the populace not to resort to
“Tandok” as remedy to dog bite incidents. Prohibit the
trade of dog for meat, selling of dog meat and
carcasses,
dog farming, and/or slaughtering of dog for commercial
consumption and to strictly penalize offenders. Include
in the ABC Regular Meeting Agenda the City Rabies
Prevention and Control Program and reports of
accomplishment of BRPCC, to disseminate the Program
goals
and objectives, and get the consensus of the barangay
chairmen whenever a decision is necessary.
Find
measures
in order to improve the overall performance of each
barangay in the implementation of the program, to
include
incentives as well as penalties for the best and worst
barangays
in
the
implementation
of
the
program.
Spearhead
the “Search for Best Barangay in Rabies Prevention and
Control”.
1.
The PNP Station Commander
Formulate and implement measures that will totally
remove
all stray dogs in the city. Disseminate information and
adopt measures on dog registration and vaccination.
Lead in the enforcement and provide assistance and
security
to CRPCC during stray dog control.
assist
Participate and
the committee in the proper implementation of the
program.
Assist in dog population control.
- 6 2.
Solid Waste Management Officer
Will coordinate and facilitate the area for hygienic
disposal of euthanized dogs.
3.
The City Legal Officer
Attend to and resolve all disputes, complaints or
grievances that may arise in relation to the
implementation
of the program.
Recommend penalties to violators in
accordance with existing laws. Initiate and exhaust all
means for amicable settlement between the opposing
parties
or individuals.
Set case hearing and notify the concerned individuals of
the schedule.
Recommend pertinent strategies for the improvement of
the
program.
CREATION OF BARANGAY RABIES PREVENTION AND CONTROL COMMITTEE
(BRPCC)
Section 6. Effective immediately, there shall likewise be
created in every barangay a Barangay Rabies Prevention and
Control Committee (BRPCC) who shall implement the program
activities in the barangay. The CRPCC shall oversee the proper
implementation and monitoring of activities of the BRPCC to be
composed of the following:
1. Barangay Captain – Chairman
a. Appoint the Barangay Rabies Coordinator preferably
from the Barangay Health Emergency Rescue Team
(BHERT) of the City Health Office (CHO).
b. Implement and supervise census of animals every
first quarter of the year to be submitted to the
Office of the City Veterinarian on the last office
day of February annually.
c. Strictly implement, supervise and monitor rabies
program and activities such as dog registration,
immunization and education information campaign in
the barangay.
d. Call and conduct regular BRPCC meeting.
e. Strictly enforce dog leashing and confinement of
stray dogs.
f. Formulate measures on control of stray dogs or dog
impounding to raise revenue.
g. Accommodate and assist CRPCC, veterinary and health
personnel during conduct of rabies vaccination and
other related activities.
h. Submit report of accomplishments on rabies to the
CRPCC.
- 8 i. See to it that penalties to violators
existing laws are properly enforced.
under
2. The School Principal- Vice Chairman
a. Assist in the conduct of Information and Education
Campaign (IEC) on “Responsible Pet Ownership” in
the barangay.
b. See to it that the approved topic “Rabies” is
incorporated in the teacher's lesson plan for the
students.
c. Motivate
students,
Parents-Teachers
Association
(PTA) and the public to attend seminars on
“Responsible Pet Ownership” and other related
activities conducted by the CRPCC and BRPCC.
d. Encourage students to report all dog bite incidents
to BRPCC, CRPCC, to their parents and school
authorities to prevent and control the occurrence
of rabies.
e. Participate in the conduct of mass registration and
vaccination.
3. The Barangay Secretary
a. Formulate measures for the efficient census of dog
population.
b. Assist the City Treasurer’s representative to
register
and
issue
official
receipt
and
registration certificates to dog owners.
c. Keep all records of census, registration and
vaccination of dog.
d. Accompany the Veterinary and Health personnel in
the conduct of rabies campaign.
e. Take and prepare minutes of the BRPCC meeting.
f. Prepare and ensure sending of meeting notices,
violations, etc. to concerned individual or party.
4.
The Barangay Rabies Coordinator
a. Be
responsible
in
gathering
rabies
updates,
including dog biting incidents in the barangay and
submit reports to the CRPCC.
b. Coordinate with the barangay residents, BRPCC and
CRPCC to facilitate and enhance the implementation
of the program.
c. Accompany the City Veterinary and Health Office
during
the
conduct
of
any
rabiesrelated
activities.
5.
The
Barangay
Agriculture
or Health)
Councilors-
(Committee
Chair
on
- 9 a. Facilitate the dissemination of information about
mandatory registration and vaccination schedule in
the barangay.
b. Implement measures and assist in the conduct of dog
population survey and submit it to the Barangay
Secretary who will compile the same for later
submission to the City Veterinary Office.
c. Assist in the development and monitoring of program
implementation.
6.
The Chief of Barangay Police
a. Enforce the apprehension and containment of stray
dogs in the barangay.
b. Man the temporary dog confinement facilities with
the
direct supervision of the Barangay Chairman as
Chair
of the BRPCC.
c. Be responsible in the upkeep of the temporary dog
confinement facility as provided by the Animal
Welfare
Act or RA 8485.
7.
Agricultural Technician
a.
Assist
in
all
implementation
of the program.
matters
pertaining
to
the
b. Assist in rabies disease surveillance in their
respective area of assignment.
c. Shall obtain field data relative to the program
implementation and makes assessment and
recommendations which may deemed necessary for
policy
and program improvement.
d. Help establish and maintain rabies
their respective assigned barangay.
free
zone
in
Rule 6.1 The BRPCC shall conduct regular monthly
meetings and may call special meeting when necessary. The
presence of at least 4 members including the chairman shall
constitute a quorum.
Rule 6.2 The BRPCC shall identify activities, projects
and priority areas for rabies elimination and shall conduct
a BRPCC performance evaluation annually or as deemed
necessary and assess if the objectives of the program were
achieved and shall prepare the local annual report.
Rule 6.3 The barangay secretary shall take all records
of the meeting to be submitted to CRPCC for monitoring and
recommendation.
.
Rule 6.4 The BRPCC shall prepare, propose and
recommend work and financial plan for the Program for
inclusion in the barangay budget proposal under the General
Fund Budget and shall allocate funds for the construction
of temporary dog confinement facility or pens in accordance
with the standards set by the CRPCC in their respective
barangay IRA.
- 10 DUTIES AND RESPONSIBILITIES OF DOG OWNERS
Section 7. a) All dog owners shall register their dog/s to
the BRPCC within a period of six (6) weeks to twelve (12) weeks
from the birth of the puppy, or after arrival or acquisition of
such animal from another barangay or person. In addition thereto
they shall:
1. Have their dog regularly vaccinated against rabies and
maintain a registration card which shall contain all
vaccinations conducted on their dog/s, for accurate record
purposes.
2. Submit their dog/s for annual mandatory registration.
3. Maintain control over their dog/s and not allow it to roam
the streets or any public place without a leash, and if
necessary with muzzle.
4. Be a responsible owner by providing their dog/s with
proper grooming, adequate food and clean shelter.
5. Within twenty-four (24) hours, report immediately any dog
biting
incident
to
the
concerned
officials
for
investigation or for any appropriate action and place the
dog
under
observation by
a
government
or
private
veterinarian.
6. Assist the dog-bite victim immediately and shoulder the
medical expenses incurred and other incidental expenses
relative to the victim’s injuries.
7. Report to the Office of the Punong Barangay, through the
BRPCC, as well the CRPCC cases of dog bite, death, loss,
transfer to other owner or barangay, or if the animal
becomes ill or shows signs of rabies.
b) It shall be the duty of every owner of any animal
to
exercise reasonable care and take all
necessary steps and precautions to protect other
people, property and animals from injuries or
damage which might result from their animal’s
behavior, regardless of whether such behavior is
motivated
by
mischievous,
playfulness,
or
ferocity.
1. In the event that an owner or keeper of any animal is
a minor, the parent or guardian of such minor shall be
responsible to ensure that all provisions of these
regulations are complied with.
2. No animal may be sold or given to a minor without the
written consent of the parent or legal guardian.
c)
Cruelty to animals
regulations:
is
a
violation
to
these
Abandon an animal;
1.
Torture,
torment,
cruelly
beat,
kill,
injure,
intentionally
mutilate,
run
down
with
a
vehicle
intentionally,
overdrives,
overload, or otherwise abuse any animal;
2. Administer poison to any animal or knowingly place or
leave
any poisonous or other harmful substance with intent to
injure or kill any animal;
- 11 3. Use or permit any animal to be used for the purpose of
fighting with any other animal;
4. Having the charge or custody of an animal and inflict
unnecessary suffering or pain upon the animal, or
unnecessarily fail to provide the animal with nutritious
food in sufficient quantity, necessary veterinary care,
proper drink, air, space, shelter, or protection from the
elements;
5. In the case of activities in which physical pain may
unavoidably be caused to animals, such as medical and
scientific activities, food processing, customary and
normal veterinary and agricultural husbandry practices,
and hunting, “cruelty” means a failure to employ the most
humane method reasonably available;
6. Owner or custodian of an animal shall not fail to provide
the animal with human care and treatment, sufficient,
wholesome and nutritious food; potable water in sufficient
quantities; proper air, shelter, space, and protection
from the weather; veterinary care when needed;
7. In the case of farm animals, nothing in this section may
be construed as imposing shelter requirements or standards
more stringent than normally accepted husbandry practices;
8. If a chain, rope, line or other such item, is used to tie
an animal, it shall be of sufficient length to safely and
humanely allow the animal freedom of movement without
becoming entangled with obstructions.
c) Sanitary disposal of dog feces;
1.
It shall be unlawful for the owner or person having
charge or control of any dog to permit such a dog to
defecate and to allow the feces to remain upon any
public street, sidewalk, pathway, park, pedestrian way,
or any public facility, on any school ground, or on any
private property not owned or possessed by the owner or
person having the
charge or control of such dog unless the person shall
immediately and securely enclose all feces deposited by
the animal in a bag, wrapper, or other container and
dispose it in a sanitary manner.
2.
Any person who has the charge and control of a dog on
any
public
street,
side
walk,
path
way,
park,
pedestrian way, or any pubic facility; on any school
ground, or on any private property now owned or
possessed by the owner or person having the charge or
control of such dog shall at all times maintain in his
possession sufficient wrappers, bags, or container for
the purpose of complying with the requirements of this
section. The failure of such persons to carry such
wrappers, bags, or containers when in charge or control
of a dog on any public, street, side walk, pathway,
park, pedestrian way, or any public facility; on any
school ground; or on any private property not owned or
possessed by the owner or person having the charge or
control of such dog shall constitute a violation of
this section.
- 12 -
3.
A sightless person who has the charge or control of a
guide dog, or a police dog in the performance of law
enforcement duties shall be exempt from the provisions
of these sections.
d) Castration- only licensed veterinarians shall
undertake
the
procedure
of
conducting
castration of dogs, cats and other animals
pursuant to existing regulations relative
thereto.
e) Animals and vehicles:
1.
No person shall transport or carry, on any public
highway or public road way, any dog in a motor vehicle
unless the animal is safety enclosed within the vehicle
or protected by a cap or container, cage or other
device that will prevent the dog from falling from or
jumping from the motor vehicle.
2. No person shall leave a dog or any other animal in an
unattended vehicle without adequate ventilation or in
such a manner as to subject the animal to extreme
temperatures, which adversely affect the animal’s
health or welfare.
LOCAL DOG REGISTRY OFFICE
Section 8. The
Malaybalay
City
Veterinary
Office
is
designated as the central registry of all rabies- related
undertakings in the locality. As such, all barangays in the city
including private clinics and private veterinary practitioners
conducting dog vaccinations are directed to submit updated
reports in the office. No veterinarian shall vaccinate dogs
without dog registration certificate issued by the CRPCC.
DOG REGISTRATION
Section 9. There shall be a compulsory registration of all
dogs in the barangay. All dogs found within the city, including
those that had been previously registered shall be registered at
their respective barangay office.
Section 10.
A mandatory registration fee shall be
collected. The registration fee for mixed breed or “Askal” shall
be FIFTY PESOS (P50.00), while those of upgraded and purebred
shall be ONE HUNDRED PESOS (P100.00). Seventy (70%) percent of
the said amount shall be remitted to the City Treasurer’s Office
while the remaining thirty (30%) per cent shall remain in the
barangay. This shall constitute the Special Fund of the CRPCC and
BRPCC to be used in implementing this ordinance, respectively.
Section 11.
The CRPCC, through the Barangay Secretary
shall issue a Mandatory Dog Registration and Vaccination
Certificate to the animal owner.
Section
permanent Dog
collar and to
leash for easy
12. The CRPCC shall prescribe an appropriate
Registration Tag; appropriately hang in a dog
be worn especially when in public places, in a
identification of CRPCC registered dogs.
- 13 -
Section 13. Registration of dogs shall be done only in the
Veterinary Office of the City of Malaybalay or in a particular
barangay during the scheduled mass registration and rabies
activities where the owner of the animal resides.
DOG IMMUNIZATION
Section 14.
There shall be a scheduled free mass antirabies vaccination in every barangay for registered dogs giving
priority in high risk areas. Likewise, the Office of the City
Veterinarian is open to conduct daily vaccination from Monday
through Friday to accommodate unvaccinated ones (one needle- one
animal only).
Section 15. Only healthy dogs shall be vaccinated against
rabies using vaccine registered and licensed by the Bureau of
Animal Industry (BAI). No other entity or group is allowed to
conduct rabies mass vaccination without the consent and authority
of the CRPCC.
Section 16.
Dog Vaccination Tag as assigned by the NRPCC
may be issued upon vaccination, in which the color and shape
shall vary from year to year to easily identify the vaccinated
from unvaccinated animals.
INFORMATION AND EDUCATION CAMPAIGN
Section 17.
Rabies education and “Responsible Pet
Ownership” modules approved by the NRPCC for inclusion to
elementary and high school curriculum will be monitored by the
LRPCC if properly implemented.
Section 18. Public lectures on “Responsible Pet Ownership”
and rabies awareness will also be conducted during public forum
and extension services.
Section 19. Rabies ads shall be flashed in local TV cable
or aired in local radio station on regular basis.
Section 20. The National Annual Rabies Consciousness month
shall be observed every month of March and the World Rabies Day
every September 28 and a city-wide pet and dog show shall be
conducted during City Celebrations, Fiestas and City Day to
encourage people’s awareness on rabies and promote “Responsible
Pet Ownership”.
Section 21.
NRPCC- approved educational reading materials
on rabies shall be distributed to the different schools, public
libraries and barangay halls.
PROVISION ON QUACK DOCTOR (“TANDOK”)
Section 22.
The LGU shall conduct Information Education
Campaign against resorting to the services of quack doctors
(“tandok”) to stop the illegal practice of administering false
cures and giving of unfounded pieces of advice on bite victims.
Should the bite victim die by reason of the treatment given by
said quack doctors, the latter shall be held
fullest extent in accordance with existing laws.
liable
to
the
- 14 OPLAN DAKIP ASO
Section 23. Helps the committee in reducing the number of
stray dogs in public places, scavenging in garbage bins and
traffic disturbance in the city thus ensuring public safety,
order and cleanliness.
Section 24.
Headed by the City Veterinarian who has the
mandate in the over all operation and in consonance with the
existing IRR.
Section 25.
Punong Barangays shall organize dog catchers
whose names shall be registered at the City Veterinary Office.
Section 26.
Striker teams of dog catchers shall be
organized by the City Veterinary Office to assist in dog catching
especially in times of emergencies and immediate needs.
Section 27. Allocation of cash prizes and other incentives
to dog catchers with recommendation from the office of the City
Veterinarian and duly approved by the Local Chief Executive.
ANIMALS AT LARGE
Section 28.
No person, owner, caretaker of, or having
custody of pig, dog, sheep, or goat, horse, carabao, cattle,
chicken, duck and other fowls shall allow such animal or animals
to go astray and roam in or around rice fields, gardens, orchards
and other lands planted to crops, vegetables, ornamental plants
and on public places, such as but not limited to highways, roads,
plazas and parks, or to keep, pasture or tether the same on or
near trees and or ornamental plants along highways, barangay
roads, plazas, parks and other public places and on identified
tree planting, greening and or reforestation project sites of the
city Government.
Section 29.
Any pig, dog, cat, sheep or goat, horse,
carabao, cattle, chicken, duck and other fowls running at large
in any of the areas of the City enumerated in the preceding
section and not under the immediate control and direction of a
responsible person shall be seized and impounded.
Any person discovering a stray or apparently lost animal
shall report the same to the barangay hall or the City Veterinary
Office. Any person who apprehends or picks up a stray or lost
animal shall report the same to the barangay hall and or the City
Veterinary Office within eight hours thereafter and shall release
such animal to the barangay hall or the City Veterinary Office
upon demand.
Section 30. All stray animals shall be seized in a
humanely manner or through pamatong by the City Veterinarian,
Pound Keeper or Barangay Officials.
- 15 CITY POUND
Section 31.
A CRPCC-approved withholding pen must be
provided by the BRPCC in every barangay which may serve as
temporary shelter for BRPCC- apprehended dogs prior to collection
for impounding in the city pound. The budget for the construction
of said BRPCC withholding pen shall be taken from the Barangay
Internal Revenue Allotment (IRA) while the City Pound or Animal
Shelter Facility will come from the LGU IRA or from any available
source.
Section 32.
Dog owners shall have two (2) days to claim
their animals from the barangay collection pen. All unclaimed
dogs after this period will be transferred to the city pound and
dog owners shall have two (2) days from confinement to claim
them.
Beyond this time; the animal will be disposed either by
adoption, euthanasia or procurement by interested individuals. In
any case, confinement shall be directly to the city pound upon
capture with 3 days for owners to claim. No dog shall be
sold/disposed to be slaughtered for food.
Section 33.
The dog owner shall be liable to pay the
corresponding impounding fee in accordance with existing laws,
ordinances, rules and regulations.
Section 34.
All vicious, temperamental and dangerous dogs
must be humanely disposed of under the supervision of the Animal
Welfare Officer, in accordance with the Animal Welfare Act and
all existing laws, ordinances, rules and regulations.
Section 35.
It shall be the duty of the City Pound Keeper
to:
1. Conduct
“pamatong”
and
other
authorized
methods of catching stray animals in the
barangays;
2. Release stray dogs and animals caught;
3. Impound stray animals caught and to turn the
same to the owners upon showing of proof of
ownership thereof.
4. Maintain and keep animal shelter or other
place where all animals which are subject to
be impounded may be kept safely and provided
with proper and sufficient food and water;
5. Destroy and dispose animal lawfully impounded
which by reason of injury, disease or other
cause is unfit for further use or is dangerous
to keep impounded;
6. Provide humane treatment of all animals, at
all times, under his/her care;
7. Maintain and adhere to comprehensive
procedures prescribing standards for the
humane operation of the City Pound, including,
but not limited to, the housing, feeding care,
veterinary treatment, adoption, and euthanasia
of animals in the facility pursuant to this
ordinance;
- 16 DISPOSITION OF ANIMALS
Section 36. Upon receipt of any carabao, cow, horse, pig,
goat, sheep, cat or dog, the pound keeper shall advertise by
posting in the City Hall Bulletin Board, Bulletin Board of the
barangay where animal was caught or found. The owner thereof, if
known, shall be duly notified.
Section 37. All animals except dogs if not redeemed shall
be subject to the administrative provisions of Chapter XIV
(Public Safety) Article 8 Pasturing of Animals of the Code of
General Ordinances of the City of Malaybalay. In cases of
registered and unregistered dogs, Section 31 of this ordinance
will be implemented.
SLAUGHTERING OF DOGS AND SELLING OF DOG MEAT
Section 38.
Slaughtering and selling of dogs for meat
shall be strictly prohibited. This may spread rabies and other
diseases especially if the said dogs are stray or of unknown
origin.
Section 39.
Slaughtering of dogs maybe allowed only as
provided in accordance with the provisions of Animal Welfare Act
of 1998 or RA 8485, if it is humane and done as part of the
religious ritual of an established religion or sect or a ritual
required by a tribal or ethnic custom of indigenous cultural
communities as in religious feast and offering and the like
provided, that it must be coordinated first with the BRPPC.
Section 40.
Killing of dogs may be allowed in the
following instances: a) when subject animals are afflicted with
incurable disease as determined and certified by a duly licensed
veterinarian with the aim to end the suffering of the dog. b) for
the purpose of population control, c) to prevent imminent danger
to human being and d) if used in authorized research and
experiments as provided for by the Animal Welfare Act of 1998.
PRE-EXPOSURE MANAGEMENT
Section 41.
A free pre-exposure anti-rabies vaccine shall
be provided and be maintained by the CHO on all individuals
engaged in rabies-related activities particularly the City Health
Rabies Coordinators and all personnel of the Veterinary Services
engaged in rabies prevention and control.
POST- EXPOSURE MANAGEMENT
Section 42.
A post-exposure treatment shall be given to
any person bitten by a rabid animal at minimum expense or free
subject to the availability of stock, otherwise, the dog owner
shall purchase the needed human vaccine. As a pre-requisite in
availing himself/herself of the free human vaccine if available,
the victim must present as proof, the result of laboratory exam
signifying that the biting dog is positive for negri bodies and a
certification from the Department of Social Welfare and
Development (DSWD) certifying that the victim and/or owner is
indigent. Further, the dog owner must show five (5) updated dog
registration and anti-rabies vaccination certificates to the
attending City Health physician every time the dog owner will
obtain a dose of free human vaccine for the dog bite victim.
- 17 -
Section 43.
In case the animal that has bitten or
scratched a human is not available for testing, the victim shall
be regarded as having been exposed to a rabid animal, thus in
urgent need of preventive vaccination measures.
Section 44.
A vaccinated dog that bites a human shall
still be observed for a period of 14 days while the victim shall
undergo preventive vaccination. The preventive vaccinations maybe
stop if the suspect dog lives after the observation period, at
the discretion of the attending physician.
Section 45.
A dog that has bitten
vaccinated, killed or euthanized within the
period. In cases when it is deemed necessary
the animal, the attending veterinarian must
the committee.
human shall not be
14 days observation
to vaccinate or kill
get permission from
Section 46.
When an unvaccinated dog is bitten by a
confirmed rabid animal, it shall be euthanized immediately and
disposed of properly. No tissues or secretions from a clinically
rabid animal shall be used for human or animal consumption.
REPORTING OF RABIES CASES AND SURVEILLANCE SYSTEM
Section 47. It is the duty of the dog owner and the victim
to report all dog biting incidents to the City Veterinarian and
City Health Officer or to any licensed veterinarian or physician
for proper guidance within 24 hours after the incident. The
physician will treat the bite victim, while the veterinarian
shall handle the biting animal. Should the dog die during the
observation period of 14 days, the dog owner shall immediately
submit the dog for rabies examination.
Section 48.
The Local Veterinary and Health Office shall
conduct a thorough investigation on all incidents of dog and
human rabies cases and submit reports to NRPCC and furnish copy
to the DA and DOH, respectively.
Section 49.
To assess the extent of rabies incidence in
the locality, veterinarians, owners and operators of medical
health facilities, etc, shall likewise be required to submit
reports to the CHO and CVO.
Section 50.
All residents in the barangay are also
encouraged to report all suspected or confirmed rabies cases in
both human and animals to the BRPCC and the CRPCC.
RESPONSIBILITIES OF THE OWNER OF DOGS THAT BITE HUMANS
Section 51.
The dog owner shall be liable to bring the
victim to a doctor. In all dog biting cases, the dog owner shall
be liable to pay 100% of all the expenses incurred during the
period of medication in cases of negligence or unprovoked bite
cases. But in provoked cases, the owner shall still pay only 50%,
while the dog bite victim will pay the remaining 50% of the total
expenses. Failure of the dog owner to assist the dog bite victim
shall be penalized in accordance with the penal provisions herein
imposed.
- 18 DOG CONTROL MEASURE
Section 52.
The BRPCC shall strictly implement mandatory
confinement or leashing of dogs. Stray dogs are prohibited and
violators will be penalized.
Section 53. The local Veterinary Office shall conduct mass
neutering of male and female dogs. Those that avail the program
will be given an incentive by way of giving fifty per cent (50%)
discount on registration fee and other veterinary assistance
available in the City Veterinary Services.
Section 54.
A “Search for the Best Barangay in Rabies
Control Program” shall be undertaken every year by the CRPCC. The
guidelines for the contest shall be provided by the committee and
the budget for the award and remuneration shall be included in
the annual budget of the City Veterinary Services and will be
awarded annually during the “Araw ng Malaybalay”.
Section 55. The CRPCC and BRPCC shall promote the advocacy
that each household shall maintain a maximum of three heads of
dogs only, except for registered dog breeders in order to provide
better care by the owner to their pets and as a way to control
dog population in the community.
PENALTY CLAUSE
Section 56.
Penalties
1. Pet owners who shall fail or refuse to have their dog
registered and immunized against rabies shall be
punished by a fine of TWO THOUSAND PESOS (P 2,000.00).
2. In case where an unvaccinated dog shall bite human, the
dog owner shall be liable to pay for the vaccination of
the dog and the dog bite victim,
expenses that may be incurred.
including
other
3. A dog owner who shall refuse to put his/her dog under
observation after said dog had bitten an individual
shall be meted a fine of FIVE THOUSAND PESOS (P5,000.00)
and subjected to imprisonment of not less than three (3)
months.
4. Dog owners who shall refuse to have their dog put under
observation and/or do not shoulder the medical expenses
of the person bitten by their dog shall be meted a fine
of
FIVE THOUSAND PESOS (P 5,000.00) and subjected to
imprisonment for one year.
5. Dog owners who shall refuse to put a leash on their dog
when they are brought outside the house shall be meted
a fine of FIVE HUNDRED PESOS (P500.00) for each
incident.
6. An impounded dog shall be released only to its owner
upon payment of a fine of not less than FIVE HUNDRED
PESOS (P500.00) but not more than ONE THOUSAND PESOS
(P1,000.00).
- 19 7. Any person found guilty of trading dogs for meat shall
be
meted a fine of not less than FIVE THOUSAND PESOS
(P5, 000.00) per dog and be subjected to imprisonment
for one year.
8. Any person found guilty of using electrocution as a
method of euthanasia shall be fined not less than FIVE
THOUSAND PESOS (P5, 000.00) per act and subject to
imprisonment for one year.
9. If the violation is committed by an alien, he or she
shall be immediately deported after service of sentence
without further proceedings.
10. Any person or persons performing illegal practice
ministering false such as the quack doctors, known as
“tandok” and the like shall be punished in accordance
with existing laws.
11. Failure to notify the Office of the Punong Barangay
after the birth, transfer, loss or bite incidents
(especially when the animal becomes ill with rabies in
the observation period) shall be meted an additional
fine of FIVE HUNDRED PESOS (P 500.00).
Section 57. Fifty per cent (50%) of the total amount that
may be collected from all penalties shall be remitted to the City
Treasurer to constitute special fund of CRPCC and the remaining
fifty per cent (50%) shall accrue to the special fund of BRPCC.
Section 58.
Appropriation– The amount of ONE HUNDRED
THOUSAND PESOS (P100, 000.00) to implement repealing clause of
this ordinance shall be charged in the Internal Revenue Allotment
(IRA) and/or other funds. Thereafter, sums as may be necessary
for its continued implementation shall be included in the Annual
Budget of the City Veterinary Services Office.
Section 59.
Effectivity- This ordinance shall take effect
upon its approval and publication.
ENACTED.
- - - - - - - - - - - - - - - - - - - - - - - - - - - WE HEREBY CERTIFY that the foregoing resolution is true.
SEMPORIANA A. PAREDES
Sangguniang Panlungsod Secretary
APPROVED, DECEMBER 8, 2009:
IGNACIO W. ZUBIRI
City Vice Mayor
Presiding Officer
CMBARROSO/vas