Regulations of the Shenzhen Municipality on Dog Keeping

· Document Number：Announcement No. 19 of the Standing Committee of the Fourth Shenzhen Municipal People's Congress

· Area of Law： Public Security

· Level of Authority： Regulations of Districted Cities

· Date issued：04-18-2006

· Effective Date：07-01-2006

· Status： Effective

· Issuing Authority： Shenzhen City People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of the Fourth Shenzhen Municipal People's Congress
(No. 19)
The Regulations of the Shenzhen Municipality on Dog Keeping, adopted at the Fourth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on January 20, 2006, approved at the Twenty-Fourth Meeting of the Standing Committee of the Tenth Guangdong Provincial People's Congress on March 30, 2006, is hereby promulgated and shall come into effect on July 1, 2006.
Standing Committee of Shenzhen Municipal People's Congress
April 18, 2006
Regulations of the Shenzhen Municipality on Dog Keeping
（Adopted at the Fourth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on January 20, 2006, approved at the Twenty-Fourth Meeting of the Standing Committee of the Tenth Guangdong Provincial People's Congress on March 30, 2006）
Chapter I General Provisions
Article 1 In order to standardize the behavior of dog keeping, protect human health and personal safety, preserve the appearance and environment of the city, and maintain the social order, these regulations are hereby formulated.
Article 2 These regulations shall apply to the registration, immunization and quarantine, outdoor activities and other administration of dog keeping within the administrative region of this municipality.
These regulations shall not apply to the administration of military dogs, police dogs, and the dogs kept by zoos, professional performance groups, research institutions, etc. for the needs of their work.
Article 3 The administration of dog keeping shall follow the principle of combination of self-discipline of dog owners, government regulation, and public supervision.
Article 4 The municipal administrative department in charge of urban management （hereinafter referred to as the municipal responsible department） shall be responsible for the related work in organizing, coordinating the implementation of these regulations; the district administrative departments in charge of urban management （hereinafter referred to as the district responsible departments） shall be responsible for the administration of dog keeping.
The related administrative departments such as those of animal husbandry and veterinary practice, public security, industrial and commercial administration, health, etc. shall assist in the administration of dog keeping according to division of duties.
Article 5 Resident committees of communities, proprietor committees of residential quarters may call resident meetings, proprietor meetings to formulate the bylaws on the related matters of dog keeping and supervise their implementation.
Article 6 The municipal, district responsible departments shall conduct propagation and education on how to keep dogs according to law and in a civilized way, and provide the related advice for residents on dog keeping.
Chapter II Registration of Dog Keeping
Article 7 Any resident who has full capacity for civil disposition and a permanent residence not shared with non-family members may keep dogs.
If any unit wants to keep dogs, it shall have a special place and safety protection facilities for doing so, and assign a full-time employee to take care of dogs.
Article 8 A system of registration of dog keeping shall be established. Dog owners shall go to the district responsible departments near to their residences to apply for registration of dog keeping.
Without registration, any unit and individual shall not be allowed to keep dogs.
Article 9 It shall be prohibited to keep aggressive dogs in residential areas, commercial areas, industrial areas, and other areas where aggressive dogs are not allowed according to the decisions of the municipal responsible department.
The specific breeds of aggressive dogs shall be defined by the administrative department of animal husbandry and veterinary practice, and made public to society.
Article 10 Keeping 2 or more dogs shall be allowed only if it is in accordance with the related bylaws of a community or a residential quarter where the dog owner lives, the certificate of approval from a resident committee or a proprietor committee shall be presented for registration of such dog keeping.
Article 11 When residents and units meet the requirements for dog keeping, the district responsible departments shall promptly process registration, issue certificates for dog-keeping registration and number tags, and implant electronic IDs for dogs.
The district responsible departments may entrust subdistrict offices or other agencies with registration of dog keeping for people's convenience.
Article 12 The district responsible departments shall establish electronic files of dogs and keep the following items in record:
（1） the name, address, and contact methods of dog owners;
（2） the breed, age, and profile of dogs;
（3） the number of registration certificates and the date of their issuing;
（4） the payment of the administration fee;
（5） the date to have an injection of hydrophobia vaccine;
（6） the other items that should be kept in record according to the stipulations of the municipal responsible department.
Article 13 If the name, address, and contact methods of a dog owner have been
changed, the registration shall be changed within 30days from the date when the changes took place by presenting the registration certificate to the district responsible department of the locality where the dog owner lives.
Article 14 If a dog was sold or given to another person as a gift, the original dog owner, buyer, or gift recipient shall go to a district responsible department to register the transfer within 30 days.
Article 15 The dog owner who has lost the certificate for dog-keeping registration shall go to the original registration office to obtain another registration certificate within 30 days from the date of loss.
Article 16 If a dog is dead or lost, the dog owner shall go to the original registration office to cancel the registration within 30 days from the date when the dog is dead or lost.
If dog owners want to give up dogs but have no way to resettle these dogs on their own, they shall send their dogs to a dog shelter, and go to the original registration office to cancel the registration.
Article 17 The municipal, district responsible departments and the administrative departments of animal husbandry and veterinary practice shall establish an electronic information system of dog management and service to provide the related information and service for the public.
Subdistrict offices and other agencies shall make public to residents the registration and management of dog keeping of the residents and units of their communities and other related matters.
Article 18 The administration fee shall be paid for dog keeping. It shall be 300 RMB per dog each year. The district responsible departments may entrust subdistrict offices or other agencies with collection of the administration fee.
Article 19 If the blind keep guide dogs and the seriously body-disabled persons keep assistance dogs, they shall be exempt from the administration fee; if non-profit organizations adopt stray dogs, abandoned dogs, they shall be exempt from the administration fee during the period of adoption; in the case of keeping a sterilized dog, the administration fee shall be reduced by 50%.
Article 20 The administration fee for dog keeping shall be used for dog-keeping registration, compulsory dog immunization, and other administration expenses.
The administration fee shall be managed through two lines---income and expenses---and incorporated into the budget of public finance.
Chapter III Immunization and Quarantine
Article 21 A system of compulsory immunization from hydrophobia without charge shall be put into practice. Dog owners shall, according to the related rules, bring dogs to the animals' epidemic prevention institutions to have an injection of hydrophobia vaccine, and obtain immunization certificates.
Article 22 If the municipal, district responsible departments, dog owners, property management units, dog clinics have found that a dog suffers from hydrophobia, or a dog is suspected of suffering from hydrophobia or other serious infectious diseases which might threat both human beings and livestock, it shall be immediately reported to the administrative departments of animal husbandry and veterinary practice.
The administrative departments of animal husbandry and veterinary practice shall entrust professional institutions with diagnosis of dogs suspected of suffering from hydrophobia; as for the dogs whose suffering from hydrophobia is confirmed by diagnosis, they shall be disposed of by neutralization treatment according to law.
After sick dogs have been disposed of by neutralization treatment, the district responsible departments shall cancel their dog-keeping registration.
Article 23 When doing business with dogs, operators shall comply with the national requirements for animals' epidemic prevention and accept the supervision and inspection of the institutions in charge of supervision of animals' epidemic prevention.
The dogs participating in exhibitions, performance, and contests shall, according to the rules, obtain quarantine certificates issued by the administrative departments of animal husbandry and veterinary practice.
Article 24 If a dog has wounded a human being, a district responsible department shall temporarily detain the dog, keep the dog under medical observation for 7 days in order to make sure whether the dog suffers from hydrophobia. The related expenses shall be born by the dog owner.
Article 25 If a hydrophobia epidemic takes place, the municipal, district people's governments shall delimit epidemic spots, epidemic areas according to the development of the epidemic, and adopt emergency control measures such as elimination of dogs, etc. according to law, dog owners shall cooperate.
Chapter IV Outdoor Activities and Other Management
Article 26 When dogs go outdoors for activities, they shall be led by adults who bring number tags and leashes. The person who leads a dog shall carry the certificate for dog-keeping registration and abide by the following rules:
（1） to give way to seniors, disabled, pregnant women, and children;
（2） if a dog has left droppings outdoors, the person who leads the dog shall clean the droppings immediately;
（3） in case of bringing a dog to take a taxi, the driver's approval shall be asked for in the first place;
（4） in case of bringing a dog to take an elevator, effective measures shall be taken to prevent the dog from wounding human beings.
Article 27 It shall be prohibited to bring dogs to the following places except for
the blind to bring guide dogs and for the seriously body-disabled persons to bring assistance dogs:
（1） the other public means of transportation than taxis;
（2） the party and government organizations, hospitals, schools, kindergartens, and other places for children's activities;
（3） the public places for cultural entertainment such as cinemas, theaters, museums, singing places and ballrooms, gymnasiums, entertainment places, etc.;
（4） the public places such as parks, community's public fitness rooms, waiting rooms in stations and airports;
（5） the other public places designated by the district responsible departments as it is needed.
In the above-mentioned places, it shall be clearly indicated in a proper way that
dogs' entrance is prohibited, their administration agencies and workers shall have the responsibility to prohibit dogs from entering the places under their administration.
Article 28 The operating units of restaurants, stores, markets, etc. may restrict dogs' entrance to operation places.
Resident committees of communities and proprietor committees of residential quarters may, according to bylaws, delimit the areas where dog walking is prohibited.
Article 29 The following dogs shall be kept tied with a leash or kept in a fenced area:
（1） aggressive dogs;
（2） dogs kept by units;
（3） dogs for sale.
In case of bringing an aggressive dog for registration, immunization, clinic visit,
the dog shall be kept in a dog cage or wear a muzzle, a chain collar.
Article 30 If dog barking affects other people's normal work and rest, the dog
owner shall take effective measures to restrict barking.
The district responsible departments shall establish files to record the violation of law in dog keeping, if a dog owner has been reported or punished many times, and the owned dog has wounded human beings, a stress shall be put on the supervision and administration of this owner's dog-keeping activities.
Article 31 The district responsible departments shall establish dog shelters to accept stray dogs, abandoned dogs, and lost dogs.
If the owner of a dog kept in a shelter can be found in 7 days, the owner shall be notified immediately to claim the dog; if the owner cannot be found or nobody come to claim the dog after the deadline, the dog shall be disposed of as a dog without owner.
Article 32 The organizer of a dog show shall report this activity to the district responsible department of the locality, where the dog show would take place, to be put on record 7 days ahead of the activity.
Article 33 It shall be prohibited to set up a place to breed, sell dogs in residential quarters, office buildings.
Article 34 It shall be prohibited to assume another's name to use, alter, fabricate, buy and sell the certificates, statements related to dog keeping and dog business activities.
Article 35 The municipal responsible department shall establish a system of reporting and complaining. Any unit and individual shall have the right to complain or report to the municipal, district responsible departments about the acts of violation of these regulations.
Chapter V Legal Liabilities
Article 36 In case of violation of Article 8 of these regulations by unauthorized keeping of dogs without registration, the district responsible department shall order to register by a deadline and impose a fine of 500 RMB per dog; if the ordered registration has not been done after the deadline, a fine of 2,000 RMB per dog shall be imposed and dogs may be confiscated.
Article 37 In case of violation of Article 9 of these regulations by keeping an aggressive dog, the district responsible department shall impose a fine of 5,000 RMB and confiscate the dog.
Article 38 In case of violation of Articles 13, 14, 15 of these regulations by failing to change the registration, to register a transfer, or to obtain a new registration certificate in place of the lost one after a deadline, the district responsible department shall order correction by a deadline and impose a fine of 200 RMB; if the correction has not been made after the deadline, a fine of 500 RMB shall be imposed.
Article 39 In case of violation of Article 18 of these regulations by failing to pay the administration fee, the district responsible department shall notify to make a payment, if there is still no payment after a deadline, the administration fee shall be doubled.
Article 40 In case of violation of Article 21 of these regulations by failing to bring an owned dog to an animals' epidemic prevention institution to have an injection of hydrophobia vaccine and obtain a dog immunization certificate, the district responsible department shall order correction by a deadline and impose a fine of 500 RMB; if the correction has not been made after the deadline, the dog may be confiscated.
Article 41 In case of violation of Articles 22, 23 of these regulations in one of the following situations, a punishment shall be imposed according to the relate law and regulations:
（1） the failure to immediately report to the administrative department of animal husbandry and veterinary practice after finding that a dog suffers from hydrophobia, or a dog is suspected of suffering from hydrophobia or other serious infectious diseases which might threat both human beings and livestock;
（2） the failure to meet the national requirements for animals' epidemic prevention when doing dog business;
（3） the failure to obtain the quarantine certificates issued by the administrative departments of animal husbandry and veterinary practice for the dogs participating in exhibitions, performance, and contests.
Article 42 If a dog has wounded a human being, the dog owner shall immediately
bring the wounded to a medical institution for treatment, pay for medical expenses, and bear the civil responsibility. The district responsible department shall impose a fine of 1,000 RMB on the dog owner. If the dog owner refuses to bring the wounded to a medical institution for treatment, the district department shall impose another fine of 1,000 RMB on the dog owner in addition.
Article 43 In case of violation of Articles 26, 27, 28 of these regulations in bringing a dog outdoors for activities, and bringing a dog to a public place where dogs' entrance is prohibited or a place where dogs' entrance is restricted, the administration unit of such places may temporarily detain the dog, the district responsible department shall give a warning and impose a fine of 500 RMB.
Article 44 In case of violation of Article 29 of these regulations by failing to keep a dog tied with a leash or in a fenced area, the district responsible department shall order correction and impose a fine of more than 5,000 but less than 10,000 RMB; in case of bringing an aggressive dog outdoors without taking controlling measures according to the rules, the district responsible department shall order correction and impose a fine of more than 1,000 but less than 5,000 RMB.
Article 45 In case of violation of Article 30 of these regulations by failing to take effective measures to stop dog barking so that there are more than 3 complaints, the district responsible department shall order correction and impose a fine of 500 RMB; if the circumstances are serious, the district responsible department may detain the dog for less than 10 days.
Article 46 In case of violation of Article 32 of these regulations by failing to report a dog show to the district responsible department of the locality, where the dog show would take place, to be put on record, the district responsible department shall impose a fine of more than 5,000 but less than 10,000 RMB on the organizer.
Article 47 In case of violation of Article 33 of these regulations by setting up a place to breed, sell dogs in residential quarters, office buildings, the district responsible department shall ban such places and impose a fine of more than 5,000 but less than 10,000 RMB.
Article 48 In case of violation of Article 34 of these regulations by assuming another's name to use, altering, fabricating, buying and selling a certificate for dog-keeping registration, the district responsible departments shall confiscate the certificate and impose a fine of 2,000 RMB; in case of assuming another's name to use, altering, fabricating, buying and selling immunization certificates or other certificates, statements related to dog business activities, the departments of animal husbandry and veterinary practice and the departments of industrial and commercial administration shall deal with these cases according to law.
Article 49 When investigating and punishing illegal acts according to these regulations, the responsible departments and the related departments shall present the law-enforcement certificates to parties concerned and tell them their legal rights.
In case of obstructing the law-enforcement personnel, by violence or violent threat, from executing duties, the departments of public security shall make investigations and impose punishments according to law; if a crime has been constituted, the criminal responsibility shall be ascertained according to law.
Article 50 If the staff members of the responsible departments have failed to execute their duties or abused power, practiced favoritism and engaged in irregularities, neglected duties, the units which they are affiliated with or the departments of administrative supervision shall impose administrative sanctions; if a crime has been constituted, the criminal responsibility shall be ascertained according to law.
Article 51 If a party concerned has an objection to an administrative sanction, an application for administrative review may be filed or an administrative litigation may be taken according to law; if there is neither application for administrative review, nor administrative litigation while the decision of sanction has not been implemented after a deadline, the office imposing the sanction shall apply to the people's court for coercive enforcement.
Chapter VI Supplementary Provisions
Article 52 These regulations shall take effect as of July 1, 2006.