Friday, November 16, 2007

Section 4D.01 Poundage Fees

Article D. Poundage Fees

Section 4D.01 Definitions – When used in this Articles:

(a) Stray Animal means an animal which is set loose or not under the complete control of its owner, or the one in charge or in the possession thereof, or found in streets in public or private places whether tethered or not.

(b) Private Places include privately-owned streets, yards, farmlands, resorts and lots owned by an individual other than the owner of the animal.

(c) Streets and Public Places include national, city or barangay streets, parks, plazas and such other places open to the public.

Section 4D.02 Imposition of Fee - There shall be collected a poundage fee of One Hundred Fifty Pesos (PhP150.00) per animal for each day or fraction thereof from the owner of a stray animals.

Section 4D.03 Time of Payment - The poundage fee shall be paid to the City Treasurer before the release of the animal to its owner.

The poundage fee shall be paid to the Barangay Treasurer before the release of the animal to its owner, if the stray animal is place in a barangay pound.

Section 4D.04 Administrative Provision

a. The City Impounder duly designated by the City Mayor for the purpose, shall apprehend and impound stray animals which he shall record in a book for this purpose. The apprehension and impoundment of stray animals, by virtue of this code, is delegated to barangay officials, who shall regularly inform the City Impounder of apprehensions and impoundment accomplished for record purposes.

b. The Local Chief Executive or the Barangay Chairman may deputize private individuals or organization, through an executive order, to assist the Local Government Unit in the implementation of this Stray Animal Control provision. In such case, the deputized individuals/organization shall receive Fifty percent (50%) of both the poundage fee and sale from auction, but not including the one hundred peso administrative cost.

c. The City/Barangay Treasurer shall cause a notice to be posted at the main door of the city/bangay hall for at least five (5) consecutive days, starting one day after the animal is impounded, within which the owner is required to claim and establish ownership thereof.

d. If no person shall claim ownership of the animal after the expiration of five (5) days from its impounding, it shall be sold at public auction under the following procedure:

(1) The City/Barangay Treasurer shall post a notice for five (5) days at the main door of the City/Barangay Hall building. The city/barangay officials who have jurisdiction of the pound shall immediately inform apprehensions to the City Public Affairs Officer for the required public information and the Head of IT Board for posting of the animal’s photo or description at the city website. The animal will be auctioned-off ten (10) days after its apprehension. The animal shall be sold to the highest bidder. Within five (5) days after the auction sale, the City/Barangay Treasurer shall make a report of the proceedings in writing to the City Mayor.

(2) The owner may stop the sale by paying at any time before or during the auction sale, the poundage fees and the One Hundred Peso (PhP 100.00) administrative cost, to the City/Barangay Treasurer, otherwise, the sale shall proceed

(3) The proceeds of the sale shall be applied to satisfy the cost of impounding, and administrative cost such as advertisement and conduct of sale. The residue over these costs, after the share of deputized impounders had been deducted, shall accrue to fund the continous operation of the city/barangay pound.

(4) In case the impounded animal is not disposed after two attempts of public auction, the same shall be considered sold to the City Government for the amount equivalent to the poundage fees due.

Section 4D.05 Penalty - Owners whose animals habitually excrete feces and urinate in public places such as roads, parks and playground, incurred damages to plants, properties, or posed danger to personnel shall pay the following fines:

For the first offense………………………………… PhP 2,000.00
For the second offense…………………………….......... 3,000.00
For the third and each subsequent offense……………… 5,000.00

The impounder or any individual acting as agent of person in authority shall apprehend the animal and place in the city/barangay pound and will be released only after payment of fees stipulated under this article.

Owners whose animals excrete feces and urinate in public, may be spared from penalty under this section, if the owner will immediately clean-up the area and properly dispose the animal waste.

Paying above fines does not free the offender from other liabilities under the law.

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