Article 1. Object of the ordinance
1.- The object of this Ordinance is to regulate the conditions to which the possession of domestic animals will be subject to guarantee both the well-being and safety of citizens, preventing possible dangers and disturbance that the animals might cause, and suitable conditions of life for the animals themselves (hygiene, health, food, etc.)
2.- This ordinance does not affect the ownership of farm animals or domestic animals in sufficient quantity for this to be deemed an economic activity. Such cases will be covered by the sector regulations concerning activities.
Article 2. Conditions for having animals
1. The possession of domestic animals or pets in general in dwellings is conditioned by the optimal conditions of hygiene for their accommodation, the absence of a health risk and the non-existence of disturbance for neighbours.
2. The possession of farm poultry, rabbits, pigeons and other breeding stock is conditioned by the characteristics of the dwelling and the area, provided the number of animals does not mean it has to be classified as an economic activity subject to the corresponding licence.
3. The ownership of wild animals is prohibited throughout the municipal area, unless they are for shows or short-term activities in the town (circus, etc.).
Article 3. Shows with animals
1. In all shows using animals, it will be necessary to avoid causing them suffering, games or anti-natural treatment.
2. During the time of their stay in the town, the holders of activities or shows that use animals must keep them in good conditions of hygiene and health, provide them with suitable food and assure that they and citizens are protected.
Article 4. Prohibited actions
1. All poisoning of animals is forbidden unless it is by the authorised health services in their function of protecting public health and in the cases expressly authorised.
2. Food may not be given to animals in the street.
3. It is totally forbidden to enter the following places with animals:
a. Premises intended for the manufacture, sale, storage, transport or handling of foods.
b. Premises for public, sports, cultural and recreational shows.
c. Public swimming pools.
d. Public transports, except for guide dogs for the blind.
e. Beach (in the summer season: from June to September)
4. The owners of public establishments and accommodation of all kinds, such as hotels, hostels, restaurants, bars, cafeterias and similar places may, on their own criteria, prohibit the entry of domestic animals in their establishments. Even with their authorisation, dogs must be provided with muzzles and be kept on a lead or chain.
5. It is forbidden to tease and treat animals cruelly. Actions of self-defence before an attack by an animal are not considered mistreatment offences.
Article 5. Responsibilities of animal owners
1. Without prejudice to their subsidiary responsibility, owners will be responsible for all damage and disturbance that the animal might cause to people and objects in the streets or public spaces and to the environment in general, as established by art. 1905 of the Civil Code.
2. Animal owners are responsible for taking measures to prevent the animals from dirtying the public streets and spaces.
3. Pet owners will be obliged to provide them with suitable food and care, both in the preventive treatment of illnesses and in curing; to apply the health measures that the competent authority might set out and provide them with accommodation according to the needs of their species.
4. All people hiding cases of rabies in animals or releasing those that have it will be brought before the competent judicial authorities.
Article 6. Animal identification
1. Dogs and cats shall be identified by tattoo or microchip.
2. Vets performing the identification of animals shall provide the owners with a certificate of the identification in which there will at least be the identification code of the animal and its details (species, breed, sex and date of birth).
3. Pets must be sold identified. Pet purchasers, on making the purchase, must provide certification of their identification.
Article 7. Municipal register of domestic animals
1. The Municipal Register of Domestic Animals is created, in which all pets must be registered that habitually live in the municipal area of Santa Susanna.
2. Animals will be entered in the register from the documents certifying their identification given by vets.
3. In addition to all the data required by the Law on the Protection of Animals, Law 10/1999 of 30th July and Decree 170/2002 of 11th June, the register will also contain all aggressions to people of other animals caused by the registered animal. These data will serve to determine the cases of article 10.d) of this Ordinance and to facilitate the preparation of epidemiological studies that evaluate the potential danger of different breeds of dogs.
Article 8. Vaccination and health attention
1. From the age stated in current regulations, owners of dogs and/or other domestic animals will be obliged to vaccinate them against the illnesses that are the object of prevention.
2. Equally, every dog owner must have a health card with the characteristics of the animal and the necessary details of the identity of the owner.
3. In the event of a declaration of epizooties, owners of animals will fulfil the preventive health measures established by the competent authorities, and the regulatory requisites of the mayor’s office.
4. The vets responsible for vaccinating and/or health attention for dogs, both if they are from the Public Administration and if they work in the private sector, will be obliged each year to present the list of dogs vaccinated in the Health Area of the Town Hall.
5. In accordance with the directives proposed by the Autonomic Administration, the Town Hall will plan and implement all suitable vaccination campaigns, in collaboration with the official veterinary services.
Article 9. Disturbing animals
1. In roads and public spaces, owners will control the animals so that they are not dangerous for other people, adopting all suitable measures to this effect.
2. When the ownership of domestic animals is a physical or health risk or causes disturbance for neighbours as a result of their noise, aggressiveness, poor state of hygiene, or the owner should be lacking in care in the maintenance and installation of the animal, without prejudice to any sanctions that might be applicable, the Mayor’s Office will require the owner or person responsible for the animal to correct the disturbing or dangerous situation within a time of twenty days.
3. If the owner or person responsible for the animal, without alleging just cause, should fail to comply with the above requirement, the Mayor’s Office will order the confinement and/or sacrifice of the animal.
Article 10. Dogs considered potentially dangerous
The following are considered potentially dangerous dogs, and are therefore subject to all of the requisites of Law 10/1999 of 30th July, of Decree 170/2002 of 11th June, concerning measures on dogs considered potentially dangerous, and RD 287/2002 of 22nd March:
a) Those meeting all or the majority of the following characteristics:
- Strong musculature, powerful appearance, robust, athletic build, agility, vigour and strength
- Strong character and great value
- Short hair
- Thorax diameter between 60 and 80 centimetres, cross height between 50 and 70 centimetres and a weight of over 20 Kg.
- Voluminous head, cuboids, robust, with a broad, large skull, and muscular, pumped-out cheeks. Large, strong jaws, strong mouth, wide and deep
- Broad neck, muscular and short
- Solid chest, broad, large, deep, arched ribs and muscular, short loin
- Front limbs parallel, straight and strong and very muscular rear limbs, with relatively long legs forming a moderate angle
b) Dogs that have been trained for attack and defence
c) Dogs belonging to one of the following breeds or their crosses: Pit Bull Terrier, Staffordshire Terrier, American Staffordshire Terrier, Rottweiler, Dogo Argentí, Bordeaux Dogo, Fila Brasiler, Tosa Inu, Akita Inu, Bullmastiff, Neapolitan Mastic, Canary hunting and Dobermann
d) In any case, all dogs with a markedly aggressive character or which have caused episodes of aggressions to people or other animals will be considered potentially dangerous. In this case, the dangerous potential will have to be appreciated bearing in mind objective criteria, either automatic or through a claim, with a report from an official vet.
Art. 11. Municipal licence for having potentially dangerous dogs
1.- The ownership of dogs considered potentially dangerous is subject to a municipal licence.
2.- To obtain a municipal licence to have a potentially dangerous animal, the following requirements will have to be certified:
a) Being of age
b) Not having been sentenced for crimes of homicide, injury, torture, against freedom or moral integrity, sexual freedom and public health, association with an armed group or drugs traffic, and not being deprived by judicial resolution for having potentially dangerous animals.
c) Not having been sanctioned for serious or very serious offences with some of the sanctions accessory to those provided in section 3 of article 13 of state Law 50/1999 concerning the legal system of potentially dangerous animals. However, it will not be an impediment for obtaining or renewing a licence to have been sanctioned with a temporary suspension provided that at the time of the application the previously imposed suspension sanction has been completely observed. Equally, not having been sanctioned for serious of very serious offences that involve ill-treatment of the animal, according to article 10 and following of the Law of the Parliament of Catalonia 10/1999 of 30th July, concerning the possession of dogs considered potentially dangerous.
d) Having the physical ability and psychological aptitude to have potentially dangerous animals. This requirement will be certified by a certificate issued by centres of recognition for obtaining or renewing driving licences authorised by the department of Health and Social security. This certificate must be issued with a previous check of compliance with the requirements of physical capacity and psychological aptitude, in accordance with article 6 of RD 287/2002 of 22nd March, and will remain in force as established by article 7 of the same RD.
e) Having taken out civil liability insurance for damage to third parties with a coverage of no less than 150,253 euros, according to article 3.4 of Law 10/1999 of 30th July, modified by Law 21/2001 of 28th December, concerning tax and administrative measures. This policy must show all the details of the identification of the animal. Each year, coinciding with the renewal of the policy, a copy must be given to the Town Hall to check that it is in force.
f) Having a document to certify the identification by microchip of the animal they want to purchase, issued by the zoological centre of the origin of the animal.
3. The granting of licences to have potentially dangerous animals corresponds to the Mayor, who may delegate this on a Deputy Mayor or the Government Commission.
Art. 12. Safety measures with regard to potentially dangerous animals
1. In the streets, the common parts of collective buildings, public transports and the places and spaces of general use of the public, potentially dangerous animals must be kept on a chain or lead that is not extendable, of under 2 metres, and wear a muzzle suitable for the breed of the animal, and in not case may be held by minors. People leading such animals must always carry the municipal licence to have them.
2. Potentially dangerous animals on a property, in a country house, chalet, plot, courtyard or any other restricted place must be bound, unless they have an area that meets the conditions of the following section.
3. All facilities housing potentially dangerous dogs must be of the following characteristics, in order to prevent the animals from escaping and causing damage:
a) The walls and enclosures must be sufficiently high and solid and must be well fixed to withstand the weight and pressure of the animal.
b) The doors to the facilities must be strong and effective, like the rest of the surround, and they must be designed to prevent animals from releasing them or opening the security devices.
c) The area must be suitably signalled with a warning that there is a dog of this kind.
4.- Potentially dangerous dogs must necessarily be registered in the municipal Register of domestic animals, and their potential danger must be indicated.
6. All infringements of this article will be sanctioned in the terms provided by arts. 10 and 11 of Law 10/1999 of 30th July.
Article 13. Abandoned animals
1. An animal will be considered abandoned if it carries no indication of its origin or the owner, and is not accompanied by any person.
2. Animals in streets and public places without being accompanied by their owners or people responsible will be collected by the service established for this and will be taken to suitable facilities.
3. The term for recovering a dog without identification is eight days, paying for all expenses involved in maintaining it.
4. If the animal has identification, the owner will be advised and will have a term of ten days to recover it, previously paying for all expenses caused in its maintenance.
5. The payment of maintenance expenses does not exclude the application of fines for infringing this ordinance.
6. Once the term has passed that the owner has to claim the animal, with them doing so, the animal may be given to any person or entity that wishes to adopt it and be responsible for keeping it in good conditions of hygiene and health, feeding, etc or it may be sacrificed.
7. Animals that have not been claimed or adopted will be sacrificed under veterinary control, following the requisites of current legislation on this kind of euthanasia.
8. The abandonment of animals will always be considered a very serious fault.
9. To contribute to avoiding animals from being abandoned, the town hall may establish or contract a service to deal with animals that owners want to be rid of on payment of a fee.
Article 14. Animal excrement
1. Animal owners are obliged to prevent their animals from leaving their excrement on the streets or in public spaces, open areas and generally any place not expressly prepared there for.
2. Animal owners are responsible for removing and eliminating their excrements if they are left in any place intended for pedestrians.
Article 15. People bitten by dogs
1. People bitten by dogs will immediately contact the local police.
2. The local police or health personnel will remove the animal and take it to dependencies set up for this function for observation by the official veterinary services. This period of observation will be 14 days and may also be carried out in the dwelling of the dog owner when the vet should consider this suitable.
3. The expenses generated by dogs remaining under observation will be paid for by the owners, regardless of any sanctions that might proceed for the infringement of this ordinance.
Article 16. Infringements
1. Infringements of this ordinance may be light, serious or very serious.
2. The infringements will be classified considering the following elements:
a) The disturbance caused
b) Damage caused
c) Risk or bad faith
d) Repetition
3. By way of information, light offences will be the following:
- Feeding animals in the street.
- Walking dogs (not those of art. 10 of the ordinance) without a lead or chain, provided this does not cause special danger.
- Allow animals to cause disturbing noise.
- Not collecting animal depositions.
- Having animals not included in the municipal census of domestic animals.
4. By way of information, serious offences will be the following:
- Ill-treating animals.
- Not giving animals the compulsory vaccinations.
- Not caring for the animal maintenance and accommodation.
- Having dogs or cats not identified in the terms of art. 6 hereof.
- Walking dogs of those included in article 10 of this ordinance without a lead or chain, provided this does not involve special danger.
5. By way of information, very serious offences will be the following:
- Poisoning animals, except by the authorised veterinary services.
- Abandoning animals.
- Walking dogs without a lead or chain when this involves special danger for people or other animals walking in the street in a due manner led by their owners or people responsible for them.
- Inciting animals to aggressive behaviour or to attack people or other animals, provided there are no circumstances of defence or reply to an aggression to justify this.
Article 17. Sanctions
1.- Any infringement of this ordinance may be sanctioned with sanctions or the collection and/or sacrifice of the animals.
2.- Light infringements of this ordinance may be sanctioned with a fine from 18 up to 50 euros
3.- Serious infringements may be sanctioned with a fine from 50.10 up to 150 euros or the collection and/or sacrifice of the animals.
4.- Very serious infringements may be sanctioned with a fine from 150.10 up to 300 euros and the collection and/or sacrifice of the animals.
Article 18. Sanctioning procedure
1.- Sanctions may not be imposed for serious or very serious offences without a case made in conformity with Decree 287/1993 of 9th November. In everything not expressly included in the above regulation, RD 1398/1993 of 4th August will be applied.
2.- In the case of voluntary acknowledgement of responsibility with the payment of the proposed fine, reductions may be applied of up to 50% of the fine. The reductions that might be proceeding will have to be determined in the notification of the initiation of proceedings or the resolution imposing the sanction.
ADDITIONAL PROVISION
The Government Commission is enabled to approve tables of penalties that develop the prescriptions of this ordinance, and to adopt all measures that might be necessary for its effective application.
FINAL PROVISION
This ordinance, which has been approved by the Plenary Meeting of the Town Hall in session on 4th November 2003, will come into force on the day following the publication of the whole text in the Official Gazette of the province, and will remain in force as long as the municipal plenum does not agree on its modification or derogation.