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Malaya (June 20, 2014)

[ VALENZUELA CITY ORDINANCE NO. 131 SERIES OF 2014, May 26, 2014 ]

SANGGUNIANG PANLUNGSOD

** Excerpts from the minutes of the 37th Regular Session of the 6th City Council of Valenzuela held on May 26, 2014 at 1:55 P.M. at the City Council's Session Hall, 3rd Floor, Legislative Building, Valenzuela City Hall, Karuhatan, Valenzuela City, Metro Manila.

AN ORDINANCE PROVIDING FOR THE CONTROL AND ELIMINATION OF HUMAN AND ANIMAL RABIES IN THE CITY OF VALENZUELA AND AMENDING PARAGRAPH (a) (b) SECTION 35, FEES FOR IMPOUNDING AND/OR SALE OF ASTRAY ANIMALS AND PARAGRAPH (a) SECTION 38, DOG LICENSE FEES OF TAX ORDINANCE NO. 92-012 AND PENALIZING THE VIOLATION OF THE SAME AND PROVIDING FUNDS FOR THE PURPOSE.




Authored by: Councilor LAILANIE P. NOLASCO
Councilor ANTONIO R. ESPIRITU Councilor LORENA C. NATIVIDAD-BORJA
Councilor ROVIN ANDREW M. FELICIANO, Councilor KIMBERLY ANN D.V. GALANG
Councilor CORAZON A. CORTEZ, Councilor CRISSHA M. PINEDA
Councilor MARLON PAULO C. ALEJANDRINO, Councilor KRISTIAN ROME T. SY
Councilor JENNIFER PINGREE-ESPLANA and Councilor RAMON L. ENCARNACION


WHEREAS,
Section 15, Article II of the 1987 Philippine Constitution expressly provide that the State shall protect and promote the right to health of the people and instill health consciousness among them.

WHEREAS, in order to uphold the interest and safeguard the well-being and healthiness of the people, a system for the control, prevention of the spread, and eventual eradication of human/animal rabies must be delivered and the need for responsible pet ownership be established.

WHEREAS, paragraphs (6), (12) section 7 of the Anti Rabies Act of 2007 provide that it shall be the responsibility of the Local Government Unit in their respective localities to enact additional local ordinances that will support the National Rabies Prevention arid Control Program that should include the regulation of treatment locally known as "tandok", and for purposes of ensuring the administrative feasibility of implementing the provisions of the Anti Rabies Act.

WHEREAS, there is an impelling need to amend Ordinance No.92-012(Tax Ordinance) paragraphs (a)(b) Sec 35 thereof as well as paragraph (a) of Section 38 which pertains to dog license fees in the light of social and environmental changes by reference to the statistics as provided by the City Health office and also for reasons of urgency and practicality.

WHEREAS, the main thrust of this Ordinance is to regulate pet ownership, particularly the dogs, as they are the major vectors of rabies, where the exposure to dogs represent an increased risk of rabies transmission.

NOW THEREFORE, be it ORDAINED as it is hereby ORDAINED by the City Council of Valenzuela in session duly assembled, the following:

SECTION I. TITLE - This shall be known as the "Anti Rabies Ordinance in the City of Valenzuela"

SECTION 2. DEFINITION OF TERMS: For the purpose of this Ordinance, the following terms shall mean:

  (a)
Bitten - refers to an act by which a dog seizes, cuts or grips with its teeth so that the skin of a person has been wounded, pierced or scratched.
   
  (b)
Concerned Officials - refers to barangay officials, health workers, police officers or government veterinarians.
   
  (c)
Direct Supervision - refers to range supervision where physical presence of the veterinarian within the barangay is necessary.
   
  (d)
Dog - refers to a common quadruped domestic animal belonging to the order carnivora (male or female), scientifically known as canisfamiliaris.
   
  (e)
Euthanasia - refers to the process of painless death to dogs and other animals.
   
  (f)
Impound - refers to seize and hold in the custody of the law.
   
  (g)
Owner - refers to any person keeping, harboring or having charge, care or control of a dog including his/her representative.
   
  (h)
Pound - refers to a public enclosure for stray animals.
   
  (i)
Public Place - refers to any place open to the public like parks, malls, markets, streets, and the like.
   
  (i)
Rabies - refers to a highly fatal disease caused by a lyssa virus, transmitted mainly through the bite of an infected animal and is characterized by muscle paralysis, hydrophobia and aerophobia, and other neurological manifestations.
   
  (k)
Rabies transmission - refers to the transmission or passage of the Rabies virus through a bite by an infected animal, or through contamination with virus-laden saliva on breaks in the skin and of mucous membranes such as the eyes, the lips, the mouth, or the genital organs.
   
  (l)
Rabies Vaccination/Immunoprophylaxis of Humans - refers to the inoculation of humans, with modern day rabies vaccines or Rabies immunoglobulin, by a trained doctor or nurse under the supervision of a qualified medical practitioner.
   
  (m)
Rabies Vaccination of Dogs - refers to the inoculation of a dog with a Rabies vaccine by a licensed government or private veterinarian or trained individual under the direct supervision of a licensed veterinarian. The services of the said trained individual shall be limited only to Rabies Vaccine Injection in dogs and only during government mass vaccination campaigns.
   
  (n)
Post-exposure Treatment (P.E.T) - refers to an anti-rabies treatment administered after an exposure to Rabies, which include local wound care, Rabies vaccine, with or without anti-Rabies immunizing agent.
   
  (o)
Pre-exposure Prophylaxis (P.E.P.) - refers to rabies vaccination administered before an exposure to Rabies to those who are at high risk of getting rabies.
   
  (p)
Stray Dog - refers to any dog leaving its owner's place or premise and no longer under the effective control of the owner.
   
  (q)
Veterinary or Human Barbiturates - refer to drugs that depress the function of the central nervous system.
   
  (r)
Dog Tag Number - piece of metal or plastic and similar material place around the neck of animals for identification,(a tag bearing the registration number of the dog/s upon initial registration)
   
  (s)
Tandok - refers to a person or practice of applying traditional remedies in relation to dog bites.
   
  (t)
Mandatory Registration - refers to the requirement for all dog owners to submit their dogs for registration in the LGU.
   
  (u)
Mass vaccination - refers also to the administration of antigenic material (a vaccine) to stimulate an individuals' immune system to develop adaptive immunity to a pathogen in large population.
   
  (v)
Central database - refers to the compilation of information regarding all registered and vaccinated dogs handled by a single entity.
   
  (w)
Pet Owner - refers to any person keeping, harboring or having charge, care or control of a dog including his/her representative.
   
  (x)
Responsible pet ownership - refers to proper care of pet including veterinary care, vaccinations, de-worming, feeding, shelter and provision of activities to promote health and development.
   
  (y)
Care Fee - refers to the charge/s imposed while the animal/s is/are at the custody of the agency tasked with impounding of the same. It shall be construed to be for the regular daily rate for food, shelter and maintenance of impounded dogs/animals.
   
  (z)
Breed - a specific group of domestic animals having homogeneous appearance, homogeneous behavior and other characteristics that distinguish it from other animals of the same species
   
  (z)(1)
Large animal - refers to carabao, cattle, horses, sheep, goats and pigs etc...
   
  (z)(2)
Small animal - refers to dogs, cats, rodents, monkey and other small animals
   
  (z)(3)
Stray animals - refers to any animal leaving its owner's place or premise and no longer under the effective control of the owner.
   
  (z)(4)
Defecation - Is the final act of digestion by which organism eliminate solid or liquid waste material from digestive tract anus.
   
  (z)(5)
Registration - the act or process of entering information about something in a book or system of public records.
   
  (z)(6)
Urination - expelling waste materials from urinary bladder through the urethra to the outside of the body.

SECTION 3. SCOPE - For purposes of this Ordinance, the following activities and programs shall be undertaken by the City Government of Valenzuela thru the City Veterinary Services Office, Task Force Disiplina, the City Health Office, to control and eliminate rabies:
    The City Veterinary Services Office shall be responsible for the following:

    (1)
    Mass vaccination of dogs;
     
    (2)
    Establishment of a central database system for registered and vaccinated dogs;
     
    (3)
    Impounding, field control and disposition of unregistered stray and unvaccinated dogs;
     
    (4)
    Encouragement of the practice of responsible pet ownership.
     
    (5)
    Conduct of information and education campaign on the prevention and control of rabies as well as animals' waste and excrements disposal and management;

  1. The City Health Office shall be responsible for the following:

    (1)
    Conduct of information and education campaign on the prevention and control of rabies, including the regulation of "tandok";
     
    (2)
    Provision on pre-exposure treatment to high risk personnel and Post Exposure Treatment to animal bite victims;
     
    (3)
    The encouragement of the practice of responsible pet ownership;

  2. Task Force Disiplina shall be responsible for the following:

    (1)
    Render assistance by way of deployment of trained personnel during mandatory registration and mass vaccination;
     
    (2)
    Be available upon request during impounding and capture or seizure of suspected rabid dog and the owner thereof refuses to cooperate with the same;
     
    (3)
    Actively participate in information disseminations and City-wide campaign relating to mandatory registration and mass vaccination.
     
    (4)
    In case of violation, to issue citation tickets or Ordinance Violation Receipt/Ticket.
SECTION 4. RESPONSIBILITIES OF A VETERINARIAN - It shall be the responsibility of veterinarians, when vaccinating any dog or cat, to issue a certificate of rabies vaccination for each dog or cat that is vaccinated. The Certificate shall include the following information.
  1. Owner's name, address and telephone number;
  2. Description of the dog or cat (species, breed, sex, markings, age and name)
  3. Date of vaccination;
  4. Date of vaccination expiration;
  5. Rabies vaccination tag number; 6.   Vaccine producer and product name;
  6. Manufacturer's serial or lot number of vaccine;
  7. Veterinarians name, signature and license number
The original certificates shall be issued to the owner, and a duplicate copy thereof shall be retained by the veterinarian which shall be made available to the City Veterinary Services Office as maybe needed.

SECTION 5. RESPONSIBILITIES OF PET OWNER. -All pet owners shall be required to:

  (a)
Have their pets such as dogs and cats regularly vaccinated against rabies and maintain a registration card which shall contain all vaccinations conducted on their dog/cat, for accurate record purposes.
   
  (b)
Submit their dogs for mandatory registration.
   
  (c)
Maintain control over their dog/cat and not allow it to roam the streets or any public place without a leash.
   
  (d)
Be a responsible owner by providing their dog/cat with proper grooming, adequate food and clean and well-maintained shelter.
   
  (e)
To clean and dispose of the dog/animals waste and excrements properly.
   
  (f)
Within twenty-four (24) hours, report immediately any dog/cat biting incident to the concerned officials for investigation or for any appropriate action and place such dog/cat under observation by a government or private veterinarian.
   
  (g)
Assist the bite victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim's injuries.

SECTION 6. REGISTRATION AND VACCINATION OF DOMESTIC ANIMALS.
- Every pet owners in the City of Valenzuela shall be submitted for mandatory annual registration and vaccination of their pets upon reaching the age of three (3) months during the mass anti rabies vaccination in the barangay.

The Certificate of Registration shall include the following information:
  1. Owner's name, address and telephone number;
  2. Description of the dog or cat (species, breed, sex, markings, age and name, photo of owner and pet)
  3. Date of Vaccination
  4. Date of vaccination expiration
  5. Vaccine used
  6. Manufacturer, serial or lot number of vaccine
  7. Veterinarian
The original certificates shall be issued to the owner, and a duplicate copy thereof shall be retained by the City Veterinary Services Office for the data base.

A registration fee in the amount of fifty pesos (P50.00) shall be paid by the pet owner for every dog registered. Vaccination is free upon registration

SECTION 7. FIELD CONTROL, IMPOUNDING, AND DISPOSITION OF STRAY ANIMALS - Owners of animals such as dogs, cats, pigs, cattle, carabaos and the like shall be prohibited from allowing the said animals from roaming or straying in any public place within the jurisdiction of Valenzuela without a leash.

  (1)
Stray animal collection shall be undertaken by the Animal Control Unit of the City Veterinary Services Office. Stray animals shall be impounded and kept in the Valenzuela City Pound.
   
  (2)
Owners of impounded animals may redeem their pets within three (3) days at the Valenzuela City Pound upon presentation of the registration/rabies vaccination certificate and payment of the following fees to the City Government of Valenzuela:
     
    Impounding Fee:  
    Small animal - 500.00/animal
    Large animal - 1,000.00/animal
    Care fee - 200.00/head/day
     
  (3)
If the animal is unregistered and unvaccinated, the owner shall be required to have it registered and be vaccinated before it is released upon payment of the necessary registration fee of fifty pesos (P50.00).
   
  (4)
Should the animal being redeemed has caused damage to public or private persons or property, the cost of such damages shall be paid by the animal owner.
   
  (5)
Impounded pets/animals not claimed after three (3) days shall be placed for adoption to qualified persons, with the assistance of an animal welfare NGO, when feasible, or otherwise disposed of in any manner authorized, subject to the pertinent provisions of Republic Act No. 8485, otherwise known as the "Animal Welfare Act of 1998".
   
  (6)
Impounded animals found to be infected with rabies or other diseases inimical to public health are not redeemable, and shall be subject to immediate disposal by euthanasia, with the minimum physical and mental suffering.

SECTION 8. MANAGEMENT OF THE BITE VICTIM.
- The City Health Office shall be responsible in the management of the bite victim reported to their office. Victims of animal bites should report the incident to the City Health Office within twenty four (24) hours. When bitten by an animal, the victim should immediately consult a physician or visit the nearest Animal Bite Center of the City Health Office for proper treatment.

SECTION 9. MANAGEMENT OF THE BITING ANIMAL - The City Veterinary Services Office shall be responsible in the management of the biting animal reported to their office. Animal bite cases should be reported to the City Veterinary Services Office within twenty four (24) hours. All cases of rabid or suspected rabid animals must be reported to the City Veterinary Services Office immediately.

When a pet has bitten an individual or other animals, the pet should be restrained with a leash or confined in a cage, and should be observed for fourteen (14) days for any signs of rabies or submit the pet to a licensed veterinarian for observation, or immediately contact the City Veterinary Services Office for assistance. If the pet dies within fourteen (14) days, call a veterinarian or immediately contact the City Veterinary Services Office for assistance in the proper submission of sample to the nearest, Diagnostic Laboratory.

SECTION 10. PETSHOPS - All pet shops in the City of Valenzuela are required to post information regarding Rabies and Responsible Pet Ownership. They shall secure proper permits and comply with the registration requirements as imposed by the Bureau of Animal Industry.

SECTION 11. DOG SHOW - Pet Owners who are entering the territorial jurisdiction of the City of Valenzuela with their pets for an exhibition, show or competition, must carry with them the current certificate of rabies vaccination for each dog or cat to be presented to the authorities as maybe deemed necessary.

SECTION 12. DOG MEAT TRADING. Dog meat trading is prohibited. Any person found trading dogs for meat shall be liable for the penalties setforth in the Anti Rabies Act and this Ordinance.

SECTION 13. DOG POPULATION CONTROL. - In order to eradicate rabies, there is a need to control the dog population and minimize the number of unwanted stray dogs. An educational and promotional campaign on pet ownership shall be conducted, including the option of spaying and neutering of dogs.

SECTION 14. ADMINISTRATIVE PENALTY:

Any person , corporation, partnership or entity found violating any of the provision of this Ordinance shall be meted into the following penalties.

  1st Offense Warning
  2nd Offense Php1,000.00
  3rd Offense Php3,000.00
  4th Offense Php5,000.00

A surcharge of twenty five (25%) of the penalty be added for failure to. pay within seven(7) days from receipt of notice thereof.

SECTION 15. PENAL PROVISION.

Any person, corporation, partnership on entity found violating Section 4, 5, 6, 7, 10 11 ,& 12 of this ordinance shall upon conviction be punished by a fine of FIVE THOUSAND PESOS (Php5,000.00) or imprisonment not exceeding one (1) year or both fine & imprisonment at the discretion of the court.

The following acts shall also be also punishable:
  1. Any person found guilty of using electrocution as method of euthanasia shall be fined not less than php5,000.00 per act and subject to imprisonment for one year.

  2. For urination and defecation of animals at any public place or outside of the vicinity and comforts of the owner's homes, premises, compounds, or any other secluded areas where such discharges (urine and feces of animals) are contained, the pet owner shall b§, penalized as follows:

    2.1  First Offense 
    Warning
    2.2 Second Offense
    A fine of Five Hundred Pesos (P500.00)
    2.3 Third Offense
    A fine of One Thousand Pesos (P1,000.00)
    2.4 Fourth Offense
    A fine of One Thousand Five Hundred Pesos (P1,500.00) or a month of imprisonment upon the court's decision
For the purpose of interpreting the preceding paragraph, it shall be unlawful for any person owning or having control or custody of any pet to permit the animal to urinate or defecate in public or upon the private property of another within the City. The following preventive steps may be taken by the pet owners, among others:
  1. Any person taking an animal in public or upon the private property of another should carry at all times a bag or suitable receptacle and instruments for the removal and disposal of animal feces.

  2. Pet Owners taking their pets for a walk or on strolls shall ensure that their pets are properly restrained with a leash of two (2) meters long and properly muzzled.

    If the violation is committed by an alien, he or she shall be immediately deported after service of sentence without any further proceedings.
SECTION 16. COLLECTION OF FINES.

The City Government of Valenzuela shall collect the fines. Part of the collection shall accrue to the general fund while another portion shall accrue to the City Veterinarian Office fund to be utilize for their operation.

SECTION 17. IMPLEMENTING AGENCIES. The Veterinary Services Office, City Health Office and Task Force Disiplina shall be the implementing agencies of this act.

Complaints and charges for the violation of this Ordinance shall be filed by the concern officials and proper authorities in the proper courts.

SECTION 18. SEPARABILITY CLAUSE. Should any section or provision of this Ordinance be declared as unconstitutional or invalid, other provisions which are not affected thereby shall continue to be in full force and effect.

SECTION. 19. REPEALING CLAUSE. Except as otherwise provided herein, all Executive Orders, Administrative Regulations, City Ordinance, City Resolutions, Barangay Ordinances, and Barangay Resolutions, which are inconsistent with and contradictory to any of the provisions of this Ordinance are hereby repealed or modified accordingly.

SECTION 20. APPROPRIATION. The City Government of Valenzuela shall provide the needed funds and appropriation to meet the purpose of this Act.

SECTION 21. EFFECTIVITY - This Ordinance shall take effect fifteen' (15) days after its publication once in a newspaper of general circulation.

ENACTED.
MAY 26, 2014.
VALENZUELA CITY, METROPOLITAN MANILA.


(Sgd.) HON. ANTONIO R. ESPIRITU
Councilor
Majority Floor Leader
HON. ROSALIE ESTEBAN-CAYCO
Councilor
Minority Floor Leader
   
   
(Sgd.) HON. MARCELINO G. MORELOS
Councilor
(Sgd.) HON. LORENA NATIVIDAD-BORJA
Councilor
   
   
(Sgd.) HON. ROVIN ANDREW M. FELICIANO
Councilor
(Sgd.) HON. LAILANIE P. NOLASCO
Councilor
   
   
(Sgd.) HON. CORAZON A. CORTEZ
Councilor
(Sgd.) HON. KIMBERLY ANN D.V. GALANG
Councilor
   
   
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO
Councilor
(Sgd.) HON. CRISSHA M. PINEDA
Councilor
   
   
(Sgd.) HON. JENNIFER PINGREE-ESPLANA
Councilor
(Sgd.) HON. KRISTIAN ROME T. SY
Councilor
   
   
(Sgd.) HON. RAMON L. ENCARNACION
Councilor
(President, League of Barangays)
 
  ATTESTED:
   
 
(Sgd.) FLAVIO C. DIAZ
Secretary
   
   
CERTIFIED CORRECT:
 
 
(Sgd.) HON. ERIC M. MARTINEZ
Presiding Officer
City Vice Mayor
 
 
APPROVED:
 
 
(Sgd.) HON. REXLON T. GATCHALIAN
City Mayor
Date Signed: _______________
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