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Regulations of Shanghai Municipality on Dog Management

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  Regulations ofShanghaiMunicipalityon Dog Management
  (Adopted at the 25thSession of the Standing Committee of the 13thShanghai
  Municipal People’s Congress on February 23, 2011)
  
  Chapter I General Provisions
  
  Article 1
  With a view to regulating the raising of dogs, ensuring the public health and safety, safeguarding the legitimate rights and interests of the dog owners, and maintaining the city appearance, environmental sanitation and social order, these Regulations are formulated in accordance with relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
  Article 2
  These Regulations apply to both the raising and business operation of dogs, and the relevant management activities within the administrative area of this Municipality.
  Article 3
  Dog management shall adopt the principle of “combining the supervision and control of government departments, the self-discipline of dog owners, the participation of grass-root organizations, and the supervision of the general public”.
  Article 4
  The municipal and district/county people’s governments shall strengthen the leadership on dog management. The municipal and district/county people’s governments shall establish a coordinating organ for dog management, which is participated by the administrative departments of public security, veterinarians, city management & administration execution, industry and commerce, housing support and building administration, and, public health, to organize, guide and supervise dog management, and to coordinate and settle major problems in dog management.
  Article 5
  The municipal public security department is the competent administrative department of dog management in this Municipality. The district/county public security department is responsible for dog management and meting out appropriate punishments within its own administrative area. Dog shelters established by the municipal public security department are responsible for the sheltering, claiming, and adoption of dogs.
  The competent administrative department of veterinarian is responsible for the epidemic prevention of rabies in dogs, and shall guide the animal health inspection agencies to conduct relevant management and impose appropriate punishments.
  The city management & administration execution department is responsible for investigating and handling the acts that impact on the city appearance and environmental sanitation, which occur in the process of raising or business operation of dogs within the urbanized areas.
  The administrative department of industry and commerce is responsible for supervising and administrating those engaged in business operation of dogs.
  The administrative departments of housing support and building administration, public health, finance, and price control shall jointly do well dog management in accordance with their respective duties.
  The town/township people’s governments and sub-district offices shall cooperate with relevant administrative departments in doing well the dog management work.
  Article 6
  Dog owners shall raise their dogs by law and in a civilized way, and shall not infringe upon the legitimate rights and interests of others.
  Article 7
  The people’s governments at all levels and relevant departments shall publicize and educate the public through multiple ways on the subjects of raising dogs by law, raising dogs in a civilized way, preventing and controlling rabies, and harmony between human beings and animals.
  News media including broadcasting, television, newspapers and magazines, and websites shall strengthen public education on social morals and publicize information related to raising dogs, so as to guide dog owners to form good habits in raising dogs.
  Article 8
  Neighborhood committees, villagers’ committees, property owners’ committees, and property service enterprises shall assist relevant administrative departments in publicizing the proper ways of raising dogs by law and in a civilized manner so as to guide and urge dog owners to follow the behavior norms.
  Article 9
  Relevant trade associations, animal protection organizations, and other mass organizations are encouraged to participate in dog management activities.
  
  Chapter II Dog Registration
  
  Article 10
  This Municipality requires the compulsory vaccination of dogs for rabies in accordance with the law. Dog owners shall, in accordance with the provisions of these Regulations, senddogs that are over three monthsold to the place designated by the competent administrative department of veterinarian to be immunized against rabies, and to have an electronic ID implanted.
  The competent administrative department of veterinarian shall designate the places for immunization against rabies in accordance with the principles of a rational layout and convenient vaccination services. Pet treatment institutions approved by the competent administrative department of veterinarian may conduct the immunization services against rabies, and shall display their document of approval issued by the competent administrative department of veterinarian in a prominent place in their management place.
  Where a dog is immunized against rabies at a place designated by thecompetent administrative department of veterinarian, the competent administrative department of veterinarian shall issue an immunization certificate to the dog owner.
  Article 11
  This Municipality requires the registration and annual inspection of dogs. Dog owners are required to register dogs over three months old.
  A dog over three months old shall not be raised without registration.
  This Municipality shall take measures to realize step by step the one-stop handling of immunization against rabies, registration and annual inspection.
  Article 12
  An individual who raises a dog shall have full civil capacity, and have a fixed place to live in this Municipality.
  In urbanized areas, only one dog is allowed to be raised by each household.
  Fierce dogs are prohibited to be raised by an individual.
  Article 13
  Where a unit needs to raise dogs because of work, the following conditions shall be met:
  1. appropriate confining facilities such as dog cages, dog houses, or enclosures must be available;
  2. specific persons must be responsible for looking after the dogs;
  3. a complete safety management system for dogs must be in place; and
  4. the unit is located outside office buildings or residential areas.
  Article 14
  Dog owners shall apply for registration and annual inspection of dogs to the agency designated by the district/county public security department at their place of residence or their unit’s domicile.
  An individual who raises a dog shall submit the following materials:
  1. personal identification;
  2. a house property certificate or a house tenancy certificate; and
  3. a certificate of immunization against rabies.
  A unit that raises dogs shall submit the following materials:
  1. the unit’s organization registration code certificate;
  2. identification of the unit’s legal representative;
  3. a safety management system for their dogs;
  4. identification of the specific person responsible for looking after the dogs;
  5. a certificate for the location where the unit’s dogs are raised; and
  6. a certificate of immunization against rabies.
  Article 15
  The district/county public security department shall conduct examination and verification of the documents within 10 working days from the date of receiving the application documents for dog registration. Where the conditions are met, the registration shall be approved and the Dog Registration Certificate and the dog tag shall be issued; if not approved, the registration shall be denied and the reasons shall be stated.
  Article 16
  Where a dog owner’s place of residence or a unit’s domicile is changed, the dog owner or the unit shall go through the alteration formalities with the agency designated by the district/county public security department at the place of the new residence or domicile against the Dog Registration Certificate within 15 days from the date of alteration.
  Article 17
  Dog owners shall go through the cancellation formalities with the original agency of issuance against the Dog Registration Certificate in the following cases:
  1. Where the dog is dead or missing, the cancellation formalities shall be gone through within 15 days from the date of death or missing; and
  2. Where the dog owner gives up the raised dog, the cancellation formalities shall be gone through within 15 days from the date of transferring the dog to another person or to a dog shelter.
  Where the dog owner fails to bring the dog to the place designated by the competent administrative department of veterinarian to be immunized against rabies when the valid immunization expires, the public security department shall cancel the Dog Registration Certificate.
  Article 18
  Where the Dog Registration Certificate or the dog tag is damaged or missing, the dog owner may apply for a replacement to the agency of issuance.
  Where the electronic ID of a dog is damaged or missing, the dog owner may apply to the agency of implantation for a re-plant.
  Article 19
  The public security department shall establish an information system and an e-record for dog management, and shall share the information of registration, immunization and supervision with the departments of veterinarian, city management & administration execution, industrial and commercial administration, and public health, so as to provide the general public with information related to management and services.
  The e-record for dog management shall include the following information:
  1. the name and residence of the dog owner or the name and domicile of the unit;
  2. the record of immunization, species, date of birth, main physical characteristics and a photo of the dog;
  3. the dog owner’s record of administrative punishment for violations of dog management provisions;
  4. information concerning the issuance, alteration, cancellation and revocation of the certificate related to dog registration; and
  5. other information that needs to be recorded.
  Article 20
  Dog owners shall bear the expenses for immunization against rabies, electronic ID, relevant credentials, and management services. Specific expense standards for immunization against rabies and the electronic ID shall be checked and ratified by the municipal price control department, and specific expense standards for relevant credentials and management services shall be checked and ratified by the municipal price control department jointly with the municipal finance department, and both standards shall be made public.
  Information relating to the collection and usage of management services charges shall be regularly made public.
  
  Chapter III Behavior Norms for Raising Dogs
  
  Article 21
  Dog owners shall abide by relevant laws, rules and regulations, respect social ethics, and observe public order, and shall not interfere with others’ normal life, damage the environmental sanitation or public facilities, or maltreat their dogs.
  Article 22
  Dog owners shall observe the following provisions when bringing their dogs outside:
  1. attach the dog tag around the dog’s neck;
  2. restrain the dog with a leash, the length of which shall not be more than two meters, and the dog owner shall conscientiously shorten the leash in a crowded place;
  3. muzzle large dogs;
  4. avoid rush hours in the case of taking an elevator or the stairs both up and down, and actively avoid others;
  5. fierce dogs raised by a unit shall be put into the dog cages where it is necessary to leave the breeding place for immunization or diagnosis; and
  6. remove the dog’s excrement promptly.
  Article 23
  Dogs are prohibited from entering office buildings, schools, hospitals, stadiums, museums, libraries, cultural and entertainment places, waiting rooms for buses, airlines or boats, catering rooms, shopping malls, hotels, or taking such public transport as buses, trolley buses, and rail transit.
  Operators of the places other than those mentioned in the preceding clause may decide whether the dogs are allowed to be brought into the places they manage. A sign banning dogs must be displayed in a prominent place where dogs are prohibited from entering.
  The consent of the taxi driver shall be obtained where a person wants to take a dog in a taxi.
  The neighborhood committees, villagers’ committees, and property owners’ committee may, in accordance with relevant conventions or agreements, designate a public area within the residential area where dogs are prohibited from entering.
  Guide dogs working for the blind shall not be restricted by the provisions of this Article.
  Article 24
  Where a dog’s barking interferes with the normal life of others, the dog owner shall take measures to stop such barking.
  Article 25
  Dog owners shall not aggravate their dogs or allow the dogs to intimidate or injure others.
  Where a dog injures somebody, the dog owner of the said dog shall immediately send the injured to the hospital for diagnosis, and shall pay the medical expenses in advance.
  Dog owners are encouraged to cover the dog liability insurance.
  Article 26
  Where a dog in an urbanized area gives birth to puppies, the dog owner shall, after three months from the birth of the puppies, send the dogs that exceed the restricted number of dogs that are allowed to be raised to other individuals or units for adoption or to dog shelters that meet the conditions provided in Article 12 or Article 13 of these Regulations.
  The dog owners are encouraged to sterilize their dogs. Where the dog owners sterilize their dogs, their management services charges shall be reduced by half against the dogs’ certificate of sterilization.
  Article 27
  Where a dog owner gives up a raised dog or can not go through the dog registration formalities because he/she does not meet the conditions, the dog owner shall send the dog to other individual or unit for adoption or a dog shelter that meets the conditions provided in Article 12 or Article 13 of these Regulations.
  Dog owners are prohibited from abandoning their dogs.
  Article 28
  If a dog is infected or suspected of having rabies, the dog owner shall immediately quarantine the dog or take other control measures, and report to the competent administrative department of veterinarian, animal health inspection agencies or animal disease control and prevention agencies, and the animal disease control and prevention agencies shall handle the case in accordance with relevant provisions of the State.
  Article 29
  Where a dog dies, the dog owner shall deliver the dog’s remains to a designated decontamination place in accordance with relevant provisions for preventing animal epidemics.
  Where a dog dies in an animal diagnostic agency, the agency shall deliver the dog’s remains to a designated decontamination places in accordance with relevant provisions for preventing animal epidemics.
  Dog owners or animal diagnostic agencies shall not arbitrarily bury or throw away the dog’s remains.
  Article 30
  Neighborhood committees, villagers’ committees, or property owners’ committees may formulate conventions or statutes for dog management within their own residential areas through residents’ meetings, villagers’ meetings, or property owners’ conferences, and organize and supervise the implementation thereof. Dog owners shall follow these conventions or statutes.
  Article 31
  Trade associations related to dogs, animal protection organizations, and other mass organizations are encouraged to formulate industry standards, conduct publicity and education, and assist the relevant administrative departments in carrying out dog management activities.
  Voluntary organizations and volunteers are encouraged to participate in dog management activities.
  All units and individuals are entitled to criticize, dissuade, report or make complaint against the illegal raising of dogs. The relevant administrative departments shall promptly handle a report or complaint raised by any unit or individual.
  
  Chapter VI Shelter, Claiming, and Adoption of Dogs
  
  Article 32
  This Municipality sets up dog shelters to shelter the following dogs:
  1. stray dogs;
  2. wandering dogs;
  3. dogs delivered by dog owners; and
  4. dogs sheltered as a result of the dog owner’s violation of these Regulations.
  Article 33
  For stray dogs registered by law, the dog shelter concerned shall notify the dog owners to claim their dogs within three working days from the date of sheltering.
  The dog owner shall claim the dog at the dog shelter within 5 days upon the receipt of the notice.
  Article 34
  Those wandering dogs, dogs delivered by dog owners, dogs sheltered as a result of the dog owner’s violation of these Regulations, or dogs not claimed by any party within the prescribed time limit may be adopted, after being quarantined by agencies designated by competent administrative department of veterinarian, by any individual or unit that meets the conditions provided in Article 12 or Article 13 of these Regulations.
  Where a dog is confirmed to be adopted but has not been immunized with the rabies vaccine, it shall receive immunization against rabies and have an electronic ID implanted in accordance with the provisions of Article 10 of these Regulations.
  The person who affirms the adoption of the dog shall go through registration formalities at the dog shelter.
  Article 35
  The dogs sheltered shall be deemed as ownerless dogs if no one adopts them within 30 days from the date of sheltering, and shall be disposed of by the dog shelter in accordance with the relevant provisions of the State and this Municipality.
  Article 36
  Relevant trade associations, animal protection organizations and other mass organizations may, upon the approval of the municipal public security department, conduct the sheltering and adoption of dogs, and the dogs sheltered or adopted shall not be used for business purposes. The public security department may provide support in the form of service purchasing, and perform the duty of supervision.
  
  Chapter V Operation of Dogs
  
  Article 37
  The one who sets up dog breeding establishments or engages in dog diagnosis activities shall, in accordance with relevant provisions for animal epidemic prevention, apply to the competent administrative department of agriculture in its neighborhood for an Animal Epidemic Prevention Certificate or an Animal Diagnosis License, and apply to the administrative department of industry and commerce for registration against the Animal Epidemic Prevention Certificate or the Animal Diagnosis License.
  No one is allowed to conduct breeding or diagnosis activities without permit.
  Article 38
  The one who engages in sales of dogs shall go through the industrial and commercial registration formalities, and shall report to the district/county animal health inspection agency in its neighborhood for the record within 5 days after receiving the business license.
  Before selling dogs, the seller shall report to the animal health inspection agency for quarantine against the Animal Epidemic Prevention Certificate, business registration certificate, and relevant immunization certificates, and shall not conduct the sale of dogs before the dogs have passed the quarantine and have obtained a certificate of quarantine.
  Dogs over three months old that have not been vaccinated against rabies are prohibited from being sold.
  Article 39
  Those who engage in business-oriented dog care, dog beautification or grooming or other activities shall take measures to prevent these dogs from disturbing residents or creating problems of environmental sanitation.
  Article 40
  Sponsors who hold dogs’ exhibitions and shows, performances, competitions, or other large-scale activities shall go through relevant formalities in accordance with relevant provisions of the State and this Municipality, and shall report to the district/county animal health inspection agency for the record before said activities, and provide the dogs’ quarantine certificate.
  
  Chapter VI Legal Liability
  
  Article 41
  For those who, in violation of the provisions of Article 10 of these Regulations, fail to immunize their dogs over three months old against rabies, the animal health inspection agency shall give them a warning, and order them to make corrections; in case the wrongdoer refuses to make corrections, the animal health inspection agency shall immunize those dogs on behalf of the wrongdoer. The corresponding expenses are to be borne by the wrongdoer, and the agency may impose a fine of not more than 1,000 yuan on the wrongdoer.
  Article 42
  The public security department shall order those who, in violation of the provisions of Article 11of these Regulations, raise unregistered dogs or dogs that have not passed the annual inspection to make corrections within a prescribed time limit; where the wrongdoer fails to make corrections within the prescribed time limit, a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed on a unit or a fine of not less than 200 yuan but not more than 1,000 yuan shall be imposed on an individual, and the dog owner shall be urged to register his dog and have the annual inspection arranged within a prescribed time limit. Dogs belonging to those who fail to register their dogs and arrange for an annual inspection within the prescribed time limit again shall be sheltered.
  For those who, in violation of the provisions of Clause 1 of Article 26, or Clause 1 of Article 27, fail to send the dogs to other individuals or units for adoption or to dog shelters, the public security department shall order them to make corrections; dogs of those who refuse to make corrections shall be sheltered.
  Fierce dogs raised by an individual who violates the provisions of Clause 3 of Article 12 of these Regulations shall be sheltered by the public security department.
  Article 43
  The public security department shall order the wrongdoer who violates the provisions of Item 1, 2, or 3 of Article 22 of these Regulations to make corrections, and may impose a fine of not less than 20 yuan but not more than 200 yuan on the wrongdoer.
  Property service enterprise shall dissuade the wrongdoer who violates the provisions of Item 4 of Article 22 of these Regulations, and the neighborhood committee, villagers’ committee or property owners’ committee may criticize and educate such wrongdoer.
  The public security department shall order the wrongdoer who violates the provisions of Item 5 of Article 22 of these Regulations to make corrections, and may impose a fine of not less than 500 yuan but not more than 2,000 yuan on the wrongdoer.
  The city management & administration execution department shall order the wrongdoer who violates the provisions of Item 6 of Article 22 of these Regulations to make corrections; a fine of not less than 20 yuan but not more than 200 yuan shall be imposed on the wrongdoer who refuses to make corrections.
  Article 44
  The public security department shall order the wrongdoer who, in violation of Clause 1 of Article 23 of these Regulations, brings dogs to those places or takes dogs on public transportation where dogs are prohibited from entering or taking, and refuses to be dissuaded from doing so, to make corrections, and may impose a fine of not less than 20 yuan but not more than 200 yuan on the wrongdoer.
  Article 45
  The public security department shall give a warning to the wrongdoer who violates the provisions of Article 24 of these Regulations where a dog’s barking interferes with the normal life of others; a fine of not less than 200 yuan but not more than 500 yuan shall be imposed on those who refuse to make corrections after receiving the warning.
  Article 46
  The public security department shall impose a fine of not less than 200 yuan but not more than 500 yuan on those who, in violation of the provisions of Clause 1 of Article 25 of these Regulations, allow a dog to intimidate others. The public security department shall give a detention of not less than 5 days but not more than 10 days to the dog owner who aggravates the dog to injure others, and shall cumulatively impose a fine of not less than 200 yuan but not more than 500 yuan; where the case is not serious, a detention of not more than 5 days shall be given or a fine of not more than 500 yuan shall be imposed; where the case is serious and constitutes a crime, the criminal liability shall be prosecuted in accordance with the law.
  For those who, in violation of the provisions of Clause 2 of Article 25 of these Regulations, fails to immediately deliver the injured to a hospital for diagnosis and pay the medical expenses in advance, the public security department shall revoke the Dog Registration Certificate, shelter the dog, and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan on a unit or a fine of not less than 500 yuan but not more than 1,000 yuan on an individual.
  Where a dog injures others twice or more times or injures two or more people at one time, the public security department shall revoke the Dog Registration Certificate and shelter the dog.
  Article 47
  For those who, in violation of the provisions of Clause 2 of Article 27 of these Regulations, abandon their dogs, the public security department shall impose a fine of not less than 500 yuan but not more than 2, 000 yuan on the wrongdoer, revoke the Dog Registration Certificate and shelter the dogs. Such wrongdoers are not allowed to apply for Dog Registration Certificate for the next five years.
  Article 48
  The animal health inspection agency shall order the one who violates the provisions of Article 28 of these Regulations to make corrections, and handle the case in accordance with the law with relevant expenses borne by the wrongdoer, and may impose a fine of not less than 300 yuan but not more than 3,000 yuan on the wrongdoer.
  Article 49
  The animal health inspection agency shall order the one who, in violation of the provisions of Article 29 of these Regulations, fails to deliver the dog’s remains that need to be decontaminated to a designated decontamination places for disposal to deliver the dog’s remains for decontamination; for those who refuse to conduct decontamination, the animal health inspection agency shall handle the case on behalf of the wrongdoer with corresponding expenses borne by the wrongdoer, and may impose a fine of not less than 300 yuan but not more than 3,000 yuan on the wrongdoer.
  The city management & administration execution department shall order the one who arbitrarily throws away the dog’s remains to make corrections, and impose a fine of not less than 20 yuan but not more than 200 yuan on an individual or a fine of not less than 5,000 yuan but not more than 50, 000 yuan on a unit.
  Article 50
  The animal health inspection agency shall order the one who, in violation of the provisions of Article 37 of these Regulations, sets up dog breeding establishments without obtaining the Animal Epidemic Prevention Certificate to make corrections, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan; where the case is serious, a fine of not less than 10,000 yuan but not more than 100, 000 yuan shall be imposed.
  The animal health inspection agency shall order the one who engages in dog diagnostic activities without obtaining an Animal Diagnosis License to cease these activities, and confiscate the illegal gains; where the illegal gains are not less than 30,000 yuan, a fine of not less than one time but not more than three times the illegal gains shall be cumulatively imposed; where the illegal gains are not less than 10,000 yuan but not more than 30,000 yuan, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be cumulatively imposed; where there are no illegal gains or where the illegal gains are not more than 10,000 yuan, a fine of not less than 3,000 yuan but not more than 10,000 yuan shall be cumulatively imposed.
  Article 51
  The animal health inspection agency shall order the one who, in violation of the provisions of Clause 2 of Article 38 of these Regulations, sells dogs without quarantine certificates to make corrections, and a fine of 500 yuan per dog sold without said quarantine certificate shall be imposed.
  Article 52
  The public security department shall order the one who, in violation of the provisions of Article 39 of these Regulations, disturbs others while operating business-oriented dog care, dog beautification or grooming, or other activities to make corrections; a fine of not less than 200 yuan but not more than 500 yuan shall be imposed on those who refuse to make corrections.
  The city management & administration execution department shall order the one who, in violation of the provisions of Article 39 of these Regulations, dumps trash, sewage, excrement, or other wastes, and causes problems of environmental sanitation, to make corrections, and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
  Article 53
  For those who, in violation of the provisions of Clause 1 of Article 38, or Article 40 of these Regulations, fails to report for the record in accordance with the provisions, the animal health inspection agency shall impose a fine of not less than 1,000 yuan but not more than 3,000 yuan on a unit or a fine of not less than 500 yuan but not more than 1,000 yuan on an individual.
  Article 54
  The animal health inspection agency shall order the one who, in violation of the provisions of Article 40 of these Regulations, participates in an exhibition, performance or competition with a dog that does not have a quarantine certificate to make corrections, and a fine of not less than 1,000 yuan but not more than 3,000 yuan shall be imposed.
  Article 55
  Where the raising of dogs affects the life of others and causes damages to them, the infringed may apply to the mediation organization for mediation or bring a lawsuit to the people’s court in accordance with the law.
  Article 56
  Where the administrative department responsible for dog management and its working personnel abuse their power, neglect their duty, play favoritism or commit irregularities, or fail to perform their duties in accordance with the provisions of these Regulations, the administrative sanctions shall be given in accordance with the law; where the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liabilities in accordance with the law.
  
  Chapter VII Supplementary Provisions
  
  Article 57
  The dog owners mentioned in these Regulations refer to individuals or units that raise dogs.
  The urbanized areas mentioned in these Regulations refer to the central urban area, new cities and new towns as defined in the Regulations of Shanghai Municipality on Urban and Rural Planning.
  Article 58
  The municipal administrative department of public security shall, jointly with the municipal competent administrative department of veterinarian and relevant trade associations, devise and make public to the society a catalogue of fierce dogs.
  Article 59
  The management of military-use or police-use dogs and specific-purpose dogs at zoos or in scientific research institutions shall be conducted in accordance with the relevant provisions of the State.
  Article 60
  The registration of dogs registered by law before the implementation of these Regulations remains valid.
  Article 61
  These Regulations shall be effective as of May 15, 2011.
  

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