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STRAY DOG CONTROL IN THE REPUBLIC OF CHINA ON TAIWAN ANIMAL PROTECTION LAW |
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Chapter I. General Provisions
Article 1. This Law is enacted to protect animals and to show respect for their lives.
The protection of animals shall follow the provisions of this Law. Where there are conflicting provisions in other laws, the provisions of those laws shall apply.
Article 2. The competent organization mentioned in this Law refers to the Council of Agriculture at the central level; to the provincial (and special municipality) governments at the provincial (and special municipality) level; to the county (and provincial municipality) governments at the county (and provincial municipality) level.
Article 3. Terms used in this Law are defined as follows:
Animals: Referring to dogs, cats, and other vertebrates raised or kept by human beings, including those for commercial use and laboratory use, pets, and other animals. Animals for commercial use: Referring to animals raised or kept for the supply of fur, leather, meat, milk, labor, and other economic purposes.
Laboratory animals: Referring to animals raised or kept for scientific utilization.
Scientific utilization: Referring to activities conducted for teaching and training; scientific experimentation; producing biological chemicals; testing commodities, medicine, and poisonous materials; grafting organs, etc.
Pets: Referring to dogs, cats, and other animals raised or kept for pleasure and company.
Keepers: Referring to the owners or persons actually taking care of animals.
Chapter II. General Protection of Animals
Article 4. An animal protection committee shall be established under the competent organization at the central level to take charge of formulating animal protection policies and examining the enforcement of this Law.
Members of the committee mentioned in the preceding paragraph shall not be paid. The regulations for its establishment shall be decided by the competent central organization. No fewer than two thirds of the committee members shall be experts, scholars, and members of private animal-protection groups who do not represent any governmental organization.
Article 5. Animal keepers shall not be under the age of 15. The legal agent or guardian of a person under 15 who raises animals shall be deemed the keeper of such animals.
All animal keepers shall supply the animals in their care with adequate food, water, and living space. Safe and sanitary shelters with proper ventilation, lighting, and temperature shall also be provided, along with other suitable care. Animal keepers shall also avoid to harass, maltreat, or harm their animals.
Animal keepers may send their animals to shelters or locations specified by the competent organizations of special municipalities or counties (including provincial municipalities) for disposal, but they shall not abandon them outright.
Article 6. No one is allowed to wantonly harass, maltreat, or harm animals raised by other people.
Article 7. Keepers shall prevent their animals from damaging someone's life, person, freedom, property, or peace.
Article 8. The competent central organization may specify and publish the species of animals whose keep, export, or import is banned.
Article 9. Whenever animals are being transported, proper attention shall be given to their food, water, waste, environment, and safety. They should also be protected from shock, pain, and harm during their journey. The regulations governing the means and methods of transportation, and other relevant matters shall be established by the competent central organization.
Article 10. The following activities regarding animals are prohibited:
Fights conducted between animals or between human beings and animals for the purpose of direct or indirect gambling, entertainment, business, advertisement, or other improper activities.
Utilization of animals competition for the purpose of direct or indirect gambling.
Other activities against social ethics.
Article 11. Animal keepers shall provide proper medical care for their animals in the event of injury or illness.
A medical treatment of and surgical operation on animals shall be carried out by a veterinarian in accordance with the requirements of the animals' health and management, except in the cases of emergency, scientific utilization, or other conditions specified by the competent central organization.
Article 12. Animals shall not be wantonly killed, except in any of the following cases:
Killing for meat, leather, fur, food for other animals, and other economic purposes. Killing for scientific purposes. Killing for the control of epidemics or for breed improvement. Killing for population control in the case of commercial animals, if approved by the competent organization. Killing to relieve their pain from injury or illness. Killing for the protection of the life, person, health, freedom, property of human beings, or public safety. Killing by shelters or locations specified by the competent organizations of special municipalities or counties (including provincial municipalities) of the animals not claimed, adopted, or otherwise properly handled seven days after notification or announcement. Killing in accordance with the provisions of this Law or announcement by the competent central organization.
The competent central organization may, through a public notice, ban the killing of the animals described in Item 1 of the preceding paragraph.
The animals allowed to be adopted in accordance with Item 7 of the first paragraph shall not include the species whose keep and import are banned under Article 8. However, those animals which have been raised or imported before the announcement of the ban and have been registered in accordance with Paragraph 1 of Article 36 shall be allowed to be claimed by their original keepers.
Article 13. When animals are killed in accordance with the first paragraph of the preceding article, the process shall be carried out in a humane manner to ensure the minimal pain of the animal. The following regulations shall be observed:
Except under the conditions announced by the competent organization, no animals shall be killed in a public place or location that people may enter.
When pets are killed to relieve their pain from injury or illness, the process shall be carried out by a veterinarian, except in cases of emergency.
Animals in shelters or locations specified by the competent organizations of special municipalities or counties (including provincial municipalities) shall be killed by a veterinarian or under a veterinarian's supervision.
Surplus animals shall be killed in the manner approved by the competent organization.
The competent central organization may specify humane methods of killing animals in accordance to the practical need of circumstances.
Article 14. The competent organizations of special municipalities or counties (including provincial municipalities) shall either establish or authorize private organizations or groups to establish animal shelters or specify locations to hold and dispose the following animals:
Stray animals caught by the special municipality or county (including provincial municipality) governments, other organizations, and individuals.
Animals whose keepers will not continue to care for them. Animals held or confiscated by the competent organizations in accordance with this Law.
Animals in danger.
The competent organizations of special municipalities or counties (including provincial municipalities) may draw up regulations to encourage, guide, and assist private organizations and groups to establish animal shelters.
Animal shelters or locations specified by the competent organizations of special municipalities or counties (including provincial municipalities) may charge for their services. The rates shall be decided by the competent organizations of special municipalities or counties (including provincial municipalities),
Chapter III. Scientific Utilization of Animals
Article 15. Scientific utilization shall be conducted with the minimum number of animals necessary and in ways that cause minimum amount of pain or injury.
The competent central organization may draw up regulations governing the sources, application limits, and management of laboratory animals for different species.
Article 16. The organization which conducts scientific utilization of animals shall form an animal experimentation management unit to supervise the organization's scientific utilization of laboratory animals.
The competent central organization shall establish a laboratory animals ethics committee to supervise and manage scientific utilization of animals.
The committee mentioned in the preceding paragraph shall have as members at least one veterinarian and one representative of a private animal-protection group.
The formation, responsibilities, and management of the animal experimentation management unit and the way of establishing the laboratory animals ethics committee shall be decided by the competent central organization.
Article 17. Laboratory animals shall be examined immediately after scientific utilization. If they have lost their body parts and organs or if this has caused continual pain to a degree that affects the quality of their life, they shall be killed in a manner which causes the minimum amount of pain.
Unless scientific utilization demands, laboratory animals having just completed scientific utilization shall not be subject to another experiment until their physical functions have completely restored.
Article 18. Schools below the junior-high level shall not conduct any teaching or training, which may hurt or kill animals, outside the course standards specified by the competent educational organization.
Chapter IV. Management of Pets
Article 19. The competent central organization may specify and publish a list of those pets that require registration.
Keepers of those pets mentioned in the preceding paragraph shall register the animal's birth, acquisition, transfer, loss, and death with the competent organizations of special municipalities or counties (including provincial municipalities) or the authorized private organizations and groups. The competent organizations of special municipalities or counties (including provincial municipalities) shall provide IDs for registered pets and may conduct microchip implantation.
The competent central organization shall set forth the procedures and time limits for registration, encourage sterilization of pets mentioned in the preceding paragraph, and draw up other ID regulations and management measures to be followed.
Article 20. Pets in a public place or location that people may enter shall be accompanied by a person above the age of seven who shall take appropriate protective measures.
Aggressive pets in a public place or location that people may enter shall be accompanied by an adult who shall take appropriate protective measures.
The competent central organization shall specify and publish a list of aggressive pets mentioned in the preceding paragraph and the necessary protective measures to be taken.
Article 21. When pets requiring registration enter, unaccompanied, a public place or location, anyone may seize and send them to animal shelters or locations specified by the competent organizations of special municipalities or counties (including provincial municipalities).
Keepers of the above-mentioned pets with IDs shall be informed as soon as possible, so they can claim them. Those pets without IDs, or pets unclaimed seven days after their keepers are informed, shall be disposed of in accordance with Articles 12 and 13.
The pets mentioned in the first paragraph may be killed in a humane fashion in cases of epidemic disease or other emergency.
The provisions of the preceding two paragraphs apply, mutatis mutandis, to those pets that are sent to animal shelters or locations specified by the competent organizations of special municipalities or counties (including provincial municipalities) by their keepers.
Article 22. People who intend to operate a commercial business, involving breeding, trade, and lodging of pets for which registration is required, shall apply for permission from the competent organizations of special municipalities or counties (including provincial municipalities) and legally obtain a business license before beginning the business.
The competent central organization shall draw up regulations governing qualifications and facilities of businesses, involving breeding, trade, and lodging mentioned in the preceding paragraph. The regulations governing procedures and time limits of application permission, the conditions for canceling such permission, and other relevant matters shall also be decided by the competent central organization.
Chapter V. Administrative Supervision
Article 23. The competent organizations of the special municipalities or counties (including provincial municipalities) may hire animal-protection inspectors and recruit voluntary animal protectors to assist with the supervision of animal protection.
The animal-protection inspectors may enter locations where competition, killing, breeding, trade, lodging, training, scientific utilization of animals are conducted to inspect and crack down on violations of this Law.
The inspection and crackdown mentioned in the preceding paragraph shall not be evaded, rejected, or obstructed.
The animal-protection inspectors shall present their IDs while on duty and may ask the police for assistance, if necessary.
Article 24. With respect to the organizations and schools that violate Article 15, Paragraph 1 of Article 16, Article 17, or Article 18, the competent organizations of special municipalities or counties (including provincial municipalities) shall first notify them to make improvement in time or take other necessary measures.
Chapter VI. Penal Provisions
Article 25. Violators of Paragraph 1 of Article 22 by operating businesses that involve breeding, trade, or lodging of pets for which registration is required, without the permission of the competent organizations of special municipalities or counties (including provincial municipalities), shall be fined from NT$50,000 up to NT$250,000 and be ordered to make required improvements. Those who fail to complete the improvements shall be ordered to close the business. Those who refuse to close the business shall be penalized repeatedly.
Article 26. Violators of Article 8 for raising, importing, or exporting the animals specified and published by the competent central organization as not being allowed shall be fined from NT$50,000 up to NT$250,000.
Article 27. Those who have committed any of the following shall be fined from NT$50,000 up to NT$250,000:
Those who have violated Article 10 by driving animals to fight other animals or human beings.
Those who have fought animals, as described in the preceding item.
Those who have engaged animals in competition for the purpose of direct or indirect gambling.
Those who have utilized animals against social ethics.
Violators of the Penal Code shall be referred to the judicial authorities.
Article 28. Operators of pet breeding, trading, or lodging businesses in violation of the measures governing the qualifications and facilities of such businesses that require registration as published by the competent central organization in accordance with Paragraph 2 of Article 22 shall be fined from NT$30,000 up to NT$150,000 and shall be ordered to make required improvements. Those who fail to complete the improvements in time may be penalized repeatedly. The licenses of those who are penalized three times shall be canceled.
Article 29. Violators of any of the following shall be fined from NT$20,000 up to NT$100,000:
Violators of Paragraph 3 of Article 5, who have abandoned animals to the potential harm of environment. Violators of Article 15, Paragraph 1 of Article 16, Article 17, or Article 18, who have failed to complete required improvements or to perform appropriate disposition in accordance with Article 24.
Violators of Paragraph 2 of Article 20, who have allowed aggressive pets to enter, unaccompanied by an adult or without taking appropriate protective measures, a public place or location that people may enter.
Violators of Paragraph 3 of Article 23, who have evaded, rejected, or obstructed animal-protection inspectors during their performance of duties in accordance with the law. Article 30. Violators of any of the following shall be fined from NT$10,000 up to NT$50,000:
Violators of Paragraph 2 of Article 5, who have harassed, maltreated, or harmed their animals.
Violators of Paragraph 3 of Article 5, who have abandoned their animals.
Violators of Article 6, who have harassed, maltreated, or harmed animals.
Violators of Paragraph 1 of Article 11, who have failed to provide proper medical care for their injured or ill animals and who have not completed the required improvements in time as demanded by the competent organizations of special municipalities or counties (including provincial municipalities). Violators of Item 1, Paragraph 1 of Article 13, who have killed animals in a public place or location that people may enter. Violators of Item 4, Paragraph 1 of Article 13, who have failed to kill surplus animals in the manner approved by the competent organization.
Violators of Paragraph 2 of Article 13, who have failed to kill animals in the manner specified by the competent central organization.
Article 31. Violators of any of the following shall be fined from NT$2,000 up to NT$10,000. If they refuse to make required improvements, they shall be penalized repeatedly:
Transporters, who have violated the regulations governing means and methods of animal transportation as published by the competent central organization in accordance with Article 9.
Violators of Paragraph 2 of Article 11, who have failed to carry out medical treatment of or surgical operation on animals as their health and management have required. Violators who have killed animals in violation of Paragraphs 1 and 2 of Article 12.
Violators of Item 2, Paragraph 1, Article 13, who have let people other than qualified veterinarians kill pets in a non-emergency situation.
Violators of Item 3, Paragraph 1 of Article 13, who have had animals killed not by a veterinarian or under a veterinarian's supervision.
Animal keepers, who have failed to register their pets' birth, acquisition, transfer, loss, and death within the time limits specified by the regulations governing pet registration that the competent central organization has published in accordance with Paragraph 3 of Article 19.
Animal keepers, who have violated Paragraph 1 of Article 20 by allowing pets to enter, unaccompanied by a person above the age of seven or without taking appropriate protective measures, a public place or location that people may enter.
Article 32. The competent organizations of special municipalities or counties (including provincial municipalities) may confiscate a keeper's animal in the following circumstances:
When the animals are abandoned in violation of Paragraph 3 of Article 5.
When the animals damage someone's life, person, freedom, property, or peace in violation of Article 7.
When the animals are raised, exported, or imported in violation of Article 8.
Article 33. In addition to penalties prescribed in this Law, the competent organizations of special municipalities or counties (including provincial municipalities) shall ask animal keepers who have committed any of the following to make required improvements. If they have failed to complete the improvements, their animals may be confiscated immediately. They include:
Violators of Paragraph 2 of Article 5, who have allowed their animals to be unnecessarily harassed, maltreated, or harmed.
Violators of Article 10, who have utilized animals against social ethics.
Violators of Paragraph 1 of Article 11, who have failed to provide proper medical care for their animals. Violators of Paragraph 2 of Article 20, who have allowed aggressive pets to enter, unaccompanied by an adult or without taking appropriate protective measures, a public place or location that people may enter.
Article 34. The penalties prescribed in this Law shall be imposed by the competent organizations of special municipalities or counties (including provincial municipalities).
Article 35. The penalties imposed in accordance with this Law shall be paid within the specified time limits. Those who fail to do so shall be referred to the court for enforcement.
Chapter VII. Addendum
Article 36. Those who began to raise the currently banned animals before the competent central organization established and announced the ban on their keep and import in accordance with Article 8 shall report the animal to the competent organizations of special municipalities or counties (including provincial municipalities) for reference within the time limits. In case of changes, the same shall be done.
Raising such animals can be continued only after the registration has been completed in accordance with the preceding paragraph. Breeding of these animals, unless otherwise specified and published by the central organization, is prohibited.
Violators of the two preceding paragraphs shall be dealt with in accordance with Article 26 and Item 2 of Article 32.
Article 37. Those who have been operating pet breeding, trading, or lodging businesses for which registration is required, before the public notice was made in accordance with Paragraph 1 of Article 19, shall apply for permission to the competent organizations of special municipalities or counties (including provincial municipalities) within two years of the date of enforcement of the management measures published in accordance with Paragraph 2 of Article 22. Those who fail to apply for permission shall be penalized in accordance with Article 25.
Article 38. Charges shall be made for the pet IDs given by the competent organizations of special municipalities or counties (including provincial municipalities) in accordance with Paragraph 2 of Article 19, for the pet's loss and claim, and for the permission given in accordance with Paragraph 1 of Article 22. The competent central organization shall decide the rates.
Article 39. The enforcement rules of this Law shall be prescribed by the central competent organization.
Article 40. This Law shall be enforced from the date of its promulgation. |
| Fecha: 2005-05-16 |
| Fuente: webs relacionadas |
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