Published in the Official Newspaper No. 27 on the 15 of June 2012, volume CXIX. (Last modification POE No. 28, 12 of June 2015)
ARTICLE 1.- The present regulations have a legal basis in fraction II of article 115 on our Mexican Constitution, on the General Law of Wild Life protection, on the Law of Domestic Animal protection of the State of Baja California, and on the 18th article of the Law of City Regimen for the State of Baja California, and will apply for the control, protection, worthy and respectful treatment of the animals that are permanently or transiting in the Town of Playas de Rosarito.
ARTICLE 2.- The terms in this order are of Public order and general observance in the City of Playas de Rosarito, with the purpose of:
I. Protecting the life, well being and growth of animals;
II. Protecting their health and public safety;
III. Promoting the respect and good treatment of animals;
IV. Eradicating and punishing the acts of cruelty inflicted on animals;
V. Promoting a humanitarian culture of the control, protection and care of the environment, and to instill respect in children, teenagers and adults of all forms of living animals and their essential relation for the preservation of the environment.
ARTICLE 3.- The execution of these regulations corresponds to the following government institutions and city authorities:
I. To the President of the City of Playas de Rosarito;
II. To the Management of City Medical Services and to the Animal Control Center that will depend on this management;
III. To the City Judges;
IV. To the Management of City Public Security
V. To the Inspectors of the Verification Unit and to the City Agricultural Inspector;
VI. To Public Works.
To the other Public Servers in which the authorities referred to in the previous fractions that delegate faculties for complying to the objectives of these regulations.
ARTICLE 4: For the effects of these regulations, it is understood that:
Shelter: Place that can be used for safekeeping, to haven or temporal accommodation of animals.
Animal: Living being, generally speaking one that has the capacity to move and has different senses from human beings because of our ability of reasoning.
Domestic Animal: They are known as those animals that can live together in company and dependency with a human being, representing affective value and serving them in some tasks.
Wild Animal: Ferocious animal. Those that roam free in the earth, air or water, being it its natural habitat.
To taunt: To encourage an animal to attack.
Animal identification Card (AIC): Obligatory Registration card for the owners of any type of animal.
Clinic: Sanitary establishment where a patient’s disease is diagnosed and treated, where they can enter and be attended.
Animal Control Center (ACC): Organization that depends on the Management of City Medical Services with the primary function of preventing the diseases that originate from neglect or
animal proliferation without an adequate control that can affect public health.
Trade: The business of selling, buying or exchanging animals.
Technical Advisory Board: The Technical Advisory Board of Protection and Animal control that will be formed based on these regulations and will collaborate with City Hall to obtain the purpose that is referred to on these regulations.
Breeder: Person that is in charge or has the occupation of breeding any type of animal.
Person in Charge: Person that is in charge and has the responsibility of taking care of an animal in place of the owner.
Training: To prepare, train an animal or person, to teach, instruct, train, tame an animal.
City Agriculture inspector: Person that is designated by City Hall to stop, capture and shelter any type of livestock.
Honorary Inspectors: People who have the power bestowed by the City Hall to observe and help the inspectors of the ACC and the City Agriculture Inspector in their tasks, job that will be honorary and to be proposed by the citizens or groups that express interest and endorsed by the Technical Advisory City Board.
Offender: The person responsible of the actions described in these regulations as an obligation or prohibition.
Injury: Harm or detriment caused by a wound, hits or sickness.
Precaution Measures: The decisions made by the City judge to guarantee the compliance of the obligation or that the prohibited conduct has ceased with the purpose of avoiding mayor effects.
Holder: The person that has possession, that has it, without being the owner.
Owner: The person that has the right or disposal over something, implying the disposition to third parties.
Trace: The City’s trace.
Regulation: The Regulation of Protection and Animal control.
Remove: To set aside or separate someone or something from someone or from a thing or a place.
Sacrifice: For the effects of these regulations, sacrifice will be known as the killing of animals, with the purpose of avoiding the suffering of said animal, or the merchandizing of the species that are apt for human consumption.
Animal Aesthetic: Establishment in which techniques and treatments are applied and treatments
are used for the maintenance and care of animals.
Suffering: ailment, pain.
Third Parties: Any person that, without being the owner, person in charge or holder, has contact with the animal by accident.
Cruelty act: The human action of making an animal have physical pain as punishment, because of negligence and carelessness, or just for pleasure.
ARTICLE 5: For the observance of these regulations there will be no distinction of the species or classification of the animals concerned, including this protection, to every type of animal, being it a domestic, wild or feral animal, marine animals, birds, farm animals, animals that are for consumption, work or any other animal that is included in this definition.
ARTICLE 6: For the infractions of the present regulations where marine animals, wild animals or those protected by the federal laws are included, will be in accordance with the Wild Life General Law which bestows concurrent competence to the States and Cities and promotes the participation of various agencies for the compliance of the federal regulation and the implementation of the Nacional policies of health and wild life protection, where the City Authorities will hand over the facts that it has knowledge of to the State or Federal Authorities depending on the case, and will also apply the corresponding punishments.
ARTICLE 7: City Hall, for the compliance of the purpose on these Regulations, will have the support of a TECHNICAL ADVISORY BOARD OF ANIMAL CONTROL AND PROTECTION, which will be composed by the following:
Councilor of the Health and Environment Commission;
A Designated representative for the City Health Services Director;
A representative for the Local Vet Association;
A representative for the Local Medical School;
A representative for the local Livestock Association;
A legally established animal trade representative, also for animal hair salons, granaries,
breeding grounds, etc., and A representative for each one of all the associations that protect animals or other organizations with the same purpose.
ARTICLE 8.- The participation of the members within the Technical Advisory Board will be honorable and its members will be chosen by each and every organization in which they are represented in and their purpose will be working together with the City Authorities to fulfill the purposes of these bylaws.
ARTICLE 9.- The Technical Advisory Board has the power to make recommendations of the following subjects:
a) The information that the citizens will be receiving about animal control and protection culture.
b) The definition and diagnose of the diseases, situations or behaviors that can be a risk to the animals of the community, and also the classification of the term “animal cruelty” depending on the species.
d) The technical specifications about population control.
e) If the elaboration of technical rules is convenient for the correct enforcement of these bylaws, considering social, educational, scientific and health conditions.
f) The Board will make agreements that will be approved by City Hall and The State and Federal Authorities where animals intervene, and
g) The City Authorities will consider the opinions and recommendations of the Technical Advisory Board.
ARTICLE 10.- The announcement for the integration of the Technical Advisory Board will be published THIRTY DAYS after the present regulations come into force.
ARTICLE 11.- The Jurisdiction on animal control will be adjusted by the following:
I. It is responsibility of the City Medical Service Management by means of the CCA, of the Animal Inspection and Verification Unit and of the Public Security management to receive all of the reports that are presented for the infractions of these bylaws.
II. The person in charge of the Animal Control Center must be a vet with a professional degree.
III. It is the responsibility of the Livestock Inspector and of the Verification Unit Inspectors the inspection and verification for infraction detections of these bylaws, and also to make the penalty fines. They will receive the support of the Public Security Management.
IV. Of the offenders, in case of animal removal or confiscation, and in the serious cases of flagrance, the Inspectors of the Canine Control Center with the help of the Public Security Management will take the offender to the City Judge where the penalty will be decided.
V. The capture, transfer and placement of animals in shelters in charge of the Animal Control Center will be the job of the Animal Control Center Inspectors, and in the cases of livestock, the only person with the power of capturing, transferring and placing it will be the City Livestock Inspector. The safekeeping and custody will be in the hands of the shelter that has been selected.
VI. In the cases of irregular animal trading, it will result on animal confiscation, where they’ll be in the custody of the City Authorities where they’ll be placed inside the city shelter, where the owner has only three days to request retrieval after paying the fine that was imposed and after proving that they are the actual owner. In the case of said animal not being retrieved, they will be help for adoption.
VII. It is the responsibility of the Verification Unit to make the penalty fines and of the City Treasury to collect the payments.
VIII. It is the responsibility of the City Livestock Inspector and of the Verification Unit inspectors commissioned by the City Medical Services Management to capture and withdraw the animals that wander in the streets or of those that are inside private property and are causing damage when the owner of the lot has asked for the removal. After the capturing, the Inspector of the Verification Unit or the City Livestock Inspector will make a capture report and present it to the Animal Control Department of City Medical Services, and will also present the penalty fine in which they’ll make a copy of and hand it to the owner of the animal in the case of the owner being present and will send copies to the CCA and to the City Rent Collectors.
IX. It is the responsibility of the Animal Control Department who depends on the City Medical Services, to determine the location and performance of the shelters in charge of the CCA for the animals that are caught by the Livestock Inspector or by the CCA inspectors, which must have all of the conditions specified in these regulations. The Animal Control Center is obliged to publish the location of the shelters and a list of all the animals that are being taken care of in it, also the requirements for retrieval or adoption.
X. The Animal Control Center Shelter will take custody of the animals that are put in by the City Livestock Inspector for 10 days, and after this time period, the holder will lose ownership and the City Authorities will begin the procedure on what to do with the animal.
XI. The 10-day period will also apply for the animals that have caused injuries to people.
ARTICLE 12.- Through the Animal Control Center, City Hall is obliged to take knowledge of all the terms in these regulations about shelters so that they can guarantee the appropriate conditions of the City Authority Administration Shelters.
ARTICLE 13.- It is the responsibility of the owner or holder of their animal to register the animal before the city authorities and that the animal has an Identity card issued by the City Medical Services in the Animal Control Center and it must contain:
ARTICLE 14.- The registry in which the last article is referring to, will be done at the site the CCA provides, where the owner will receive the certificate after paying the fee. The certificate will contain all of the information that the animal must carry through the identification plaque which can be obtained from the Authorities when making the payment.
ARTICLE 15.- It is the responsibility of the owner, holder or person in charge to make sure the animals have the identification plaque on at all times. City Hall, with support of the TECHNICAL ADVISORY BOARD will encourage the owner of the animal to comply with the obligation to register their animal, encouragement which will be done by ideal methods for animal identification, including the implementation of a microchip as advanced identification.
ARTICLE 16.- All animals must receive shelter, enough space, food, air, light, water, rest, hygiene and preventive and curative measures for their health.
ARTICLE 17.- Every owner, holder or person in charge of the animals must provide all of the information that the City Authorities request.
ARTICLE 18.- It is the obligation of the owner, holder or person in charge of the animals to vaccine them against any transmissible diseases that are found in the obligatory vaccination chart of the Federal and State Health Institutions and of the City of Playas de Rosarito.
ARTICLE 19.- Its is the obligation of every owner, holder or person in charge to inform the City Control Animal Center in the case of the animal presenting symptoms of any disease as to prevent an epidemic or an infection in the population. The Technical Advisory Board will support City Hall to establish the criteria for diseases and health risk preventions that the animal may have.
ARTICLE 20.- It is the obligation of the owner, holder or person in charge of maintaining their animal under control and inside their address; in the case of not having a fence of the perimeter, the animal must be kept in a fixed place inside the property, where they must be tied up with the necessary conditions as to not to get injured. In the case of the animal wandering around in the streets, it will be removed by the CCA where it can be retrieved by the owner after paying an infraction fee and proving compliance of all the obligations. If the animal causes physical injury on a third person or material damages, the owner or holder of the animal must take responsibility.
ARTICLE 21.- In the case of the owner, holder or person in charge takes the animal out of the address, the owner, holder or person in charge must have the animal on a leash, chain or any similar instrument that permits them to have its domain.
ARTICLE 22.- The owner, holder or person in charge, when walking on the streets with the animal, must clean up the animal’s feces and deposit them in a trash can.
ARTICLE 23.- The owner, holder or person in charge may sterilize their animals, whether it be necessary of for convenience, in private veterinary clinics, animal protection association veterinary clinics or when City Hall with the support of the Technical Advisory Board holds sterilization campaigns for the prevention of indiscriminate animal proliferation and for safety and health problematics that this represents.
ARTICLE 24.- It is prohibited to the owner, holder or person in charge of the animal the following conduct:
I. Negligence of the home that provides shelter to the animal and of the animal’s nutrition, ventilation, mobility, security and hygiene, to the extent that can cause the animal isolation, thirst, considerable pain or any attempt that can cause unhealthy consequences.
II. To let people not of age or disabled provoke suffering on the animal.
III. Walk together with or allow the animal to wander in public spaces without a leash.
IV. To permanently hold an animal on rooftops or apartments without the necessary health and security conditions.
V. Having animals exposed directly to light for a long time, without the possibility of them seeking shade or having them in adverse climatological conditions.
VI. Having an animal tied up that it causes them injuries or suffering and in the cases of birds, having them in cages with their wings crossed.
VII. Having live animals hung anywhere.
VIII. Extracting feathers or hair out of live animals, except when it’s done for aesthetic purposes. Except for those intended for this zootechnical purpose.
IX. Feeding objects or adding toxic substances to the animal’s food that can cause injury or death.
X. Torture, abuse or causing injury on animals.
XI. Moving animals to a different spot or place by dragging them, by putting them in the inside of a sack or bag, in a trunk of a car or inside a car without proper ventilation.
XII. Using animals for magic tricks, illusion or show that causes them injury, pain or stress.
XIII. Incite animals to injure people or another animal, such as them participating in animal fights for amusement. This doesn’t apply for authorized cockfights or bullfights.
XIV. Using animals for scientific experiments, except on the cases in which the institution has the proper authorizations.
XV. Changing the animal’s natural instincts, except when it is done by someone properly trained and under the supervision of the corresponding authorities.
XVI. Mutilation, sterilization or castration when it is not done by a proper veterinarian.
XVII. Cause the death of an animal for whatever reason that is not ordered by an authority or medical recommendation with the purpose of avoiding the animal major suffering.
XVIII. Using animals for investigations of any kind that can cause pain or suffering.
XIX. Throwing live animals out into roads.
XX. Attack, mistreat or intentionally run over an animal that is on a road or street.
XXI. Using live animals for the training of other animals in activities such as guarding, hunt, races, attack or for the purpose of verifying its aggressiveness.
XXII. Throwing live animals into a container for their cooking or frying, or inserting them alive inside a refrigerator or any agonizing method of placement.
XXIII. To abandon an animal in a wasteland or to confine them in a property without providing them the attention necessary for keeping them in good conditions.
XXIV. Not having an identification plaque of the animal or allowing the animal to walk the streets without the ID plaque.
XXV. To allow the animal in result of negligence to escape into public spaces.
XXVI. To sell or buy animals in public places that are not authorized by the City Authorities.
XXVII. To sell or buy animals without the licenses necessary for this activity, or in the case of carrying a license, to not follow the rules made by the City Authorities.
XXVIII. The establishment of fixed or temporary circus entertainment is strictly forbidden, being it private or public, when using live animals of any species for exploitation, exhibition and/or participation.
In case of violating this article, the following sanctions will be applied: the fee established on the article 71 B of these bylaws, also the immediate closure of the establishment, without consequence that it proceeds to the consignation of the person or people responsible before the Public Ministry of the Federation or the local Public Ministry for the crimes of this nature, where it is necessary to inform the Environmental and Natural Resources Secretary so that they can manage any kind of species that are found in the establishment.
XXIX. The same prohibitions that are similar to the ones mentioned beforehand.
ARTICLE 25.- The establishing of shelters for animals will be the responsibility of City Hall, the ANIMAL PROTECTION TECHNICAL ADVISORY BOARS will help as a consulting and auxiliary instrument for the activities performed by City Hall with the purpose of protecting animals from any kind of abuse, promote a dignified and respectful treatment towards them, establishing rules to stop indiscriminate proliferation, the abandonment of animals that could cause health problems to the population in general. City Hall will promote the establishment of shelters for animal protection associations, helping then with what they can and observing their compliance of the regulations for its performance.
ARTICLE 26.- City Hall will install shelters in charge of the Animal Control Center, one for the animal population in general and one for livestock, and if they’re in one place the necessary precautions will be taken so that in both shelters can count on the bylaws mentioned in these regulations for the right performance of the shelters.
ARTICLE 27.- The private shelters must have a city license for their operation, and have to be administered by physical persons and animal protection associations. Not in any case will they be allowed to have lucrative means.
ARTICLE 28.- Physical or moral persons that own or are responsible of the shelters are obliged to comply with these regulations and also with the following:
I. They must have the proper installations to avoid health disorder on animals or the contamination of the environment by overcrowding, an also to avoid fights between the animals, being them dogs they must not be kept in cages during all of their time in the shelter, also the shelter must have enough space and planned activities so that cats and dogs can exercise
II. Provide with water, shade, food, medical assistance and protection from inclement weather.
III. The shelters must have a medical veterinarian with a professional degree, where they’ll be able to ask for the support of the Technical Advisory Board for recommendations on the said vet’s profile.
IV. They must make a list of all the animals that enter the shelter, writing the sex, race, color, size and possible age and also the conditions in which they arrive at the shelter.
V. Other rules that by judgement of the City Authorities are necessary for the protection of the animals.
ARTICLE 29.- The owners or people in charge of the shelters must comply with the following obligations:
I. Handing the animals over, after sterilization, to people who prove to have the proper conditions, and have a sense of responsibility and the economical possibilities for giving the animal a dignified and respectful treatment, helping them understand the regulations in accordance to these bylaws.
II. Record adoptions, writing the necessary information of the adopter.
III. Counting on their own resources or with the resources that are provided by City Hall, and to encourage adoption culture, sterilization and protection of animals.
IV. To allow the entry of the City Authorities so that they can do the necessary inspection for guaranteeing the compliance of these regulations.
ARTICLE 30.- The shelters will take custody of the animals for at least thirty days, where this period can be extended until the animal is adopted. In case of not being able to accomplish the animal’s adoption, or if it is necessary for its health, they can be sacrificed through the regulations established in these bylaws, or handing them over to the Animal Control Center.
The shelters that are administered by associations and the City Authorities are able of establishing collaboration agreements about: Sterilization, sheltering, medical treatment, death and body disposition and all of the subjects related to the achievement of the purposes established in these regulations.
ARTICLE 31.- Individuals who no longer want or are not able of having a pet, can deliver them to shelters after paying all of the fees that are established for the stay and adoption of the animal, the quota fixed by the Shelter will not exceed the normal cost of animal support and medical expenses. The shelters will fix the quota for adoption, retrieval, sterilization and the recording of the animal given out for adoption.
ARTILE 32.- The shelters that are established by individuals or animal protection associations will work together with the City Animal Control Center for the making of the city census and the campaigns that informs citizens about the obligation that the owner or holder of the animal
must record the pet before the City Medical Services Management for the expedition of the “Animal Identification Certificate”, and also the ethic formation that the Technical Advisory Board considers of interest for the prevention of health risks and that promotes a culture of dignified treatment towards animals.
ARTICLE 33.- All physical and moral person that engages in animal breeding and selling is obligated to follow the proper procedures and must have all of the necessary means so that the animals, during their development and trade receive good treatment in accordance to the scientific advances that allow the natural development of the species.
ARTICLE 34.- The establishments that sell live animals are under the obligation of these regulations, and must count with the support of a veterinarian, who will need to carry a specific license given out by the sanitary authorities and must be registered with the City Authorities.
ARTICLE 35.- The establishments that breed and sell domestic animals, also veterinary clinics and hospitals, will have to comply with the following terms:
I. Having a person responsible who will need a specific license of the sanitary authorities and be registered with the city authorities.
II. Having a maternity area.
III. Having a record of the number of animals and comply with the regulations that the Technical Advisory Board creates for the frequency and gestation space for each race.
IV. Maintaining hygienic and sanitary conditions that are appropriate for the physiological needs of the animals that are found in there.
V. Providing sufficient food and water, appropriate spaces and also the appropriate temperature.
VI. Providing the adequate installations for the prevention of the spreading of animal diseases.
VII. Selling animals under sanitary conditions that the law establishes and under medical supervision of a responsible veterinarian.
VIII. The other obligations established in these regulations and others.
ARTICLE 36.- The sell or distribution of any kind of animal dead or alive is forbidden in the next contexts:
I. Without the expressed permission of the respective City Authority
II. Giving away as a present, distribution or selling live animals especially puppies for promotional means is forbidden.
III. Selling, Raffle or giving away live animals, especially puppies in a public space, schools, fairs or carnivals, or places that don’t comply with the terms on these regulations.
IV. The selling of live animals to people less than 14 years of age, unless it be with the company of an adult that is responsible for a proper care of the animal.
V. Selling animals that according with the species don’t have the biological maturing conditions that allows them to survive separated from their mother.
VI. Selling animals and any other products of animals that are in danger of extinction.
ARTICLE 37.- In the establishments that provides services for the aesthetic care of animals must comply with the following rules:
I. Have the appropriate installations.
II. Having trained employees that can provide the service without injuring the animals.
III. The others specified in these bylaws.
ARTICLE 38.- The owners of animal Grooming Salons and the people in charge of providing the service will be responsible of the custody of the animal during the time that the service takes providing and until the animal’s owner retrieves him.
ARTICLE 39.- Every person involved with domestic animal training must comply with the following rules:
I. Obtain the city license.
II. Having a certificate as a specialist trainer, given out by a properly established institution.
III. Having the proper installations that the authorities find appropriate.
IV. Record of the animals that are trained, especially if the training involves attack techniques.
V. Comply with the terms of these bylaws and other applicable terms.
ARTICLE 40.- All livestock owner or holder, being it equine, cattle, or any other kind of animal that classifies as livestock must comply with the terms in these regulations, making himself responsible of the sanctions for incompliance.
ARTICLE 41.- All livestock owner must be registered before the Local Livestock Association, and in the case of not counting with the requirements for his or her record, the person must obtain the IDENTITY CARD of each of the animals that are under the person’s responsibility and not to do so the person will be held under the administrative sanctions established here and to the civil al penal responsibility in the case of accidents caused by the animals in a public space.
ARTICLE 42.- All owner that works in the business of renting horses inside the limits of the City of Playas de Rosarito must obtain a city license for the specific means of this activity.
ARTICLE 43.- All Horse owners that work in the business of renting horses has the obligation of recording each of the animals that carry out this activity before the City Authorities and to inform the zootechnical purpose which the animal is destined to.
ARTICULO 44.- All horse owners must have an invoice of the purchase sale of the animal and/or ironwork that determines the blood sign recorded before the Local Livestock Association or in its defect, having an ANIMAL IDENTIFICATION CARD provided by the City Authorities.
ARTICULO 45.– The City Authorities prohibits equine transit in downtown areas and city beaches, unless with the expressed authorization where it shows the transit route for horses for rent or carriage rides that should be stated on the license provided by the Authorities.
ARTICULO 46.- The owners of horses for rent or carriages that use public roads must make an agreement with the City Authorities for cleaning and picking up organic waste that this activity creates, and also the necessary measures to prevent injuries to third parties or damage on public and private goods.
ARTICULO 47.- Animals cannot be used for pulling, carrying or be rented when they are injured, undernourished or in gestation or when they have to carry more than the acceptable weight for their species and conditions.
ARTICULO 48.- The transferring of live animals for trading purposes or other purposes in any type of vehicle, needs to be done by force and apply cruelty, bad treatment, excessive fatigue and/or without food nor water for the animals. In consequence, it is strictly forbidden to transfer animals by dragging them, hung from the inferior or superior limbs, in sacks or trunks of vehicles and in the case of birds, crossing their wings.
ARTICULO 49.- For livestock transferring, vehicles that protects the animals from sun and the rain will be used. In the cases of smaller animals, the boxes must have proper ventilation and the loading, unloading and transferring activities must be made avoiding any abrupt movements, in accordance with the official Mexican laws.
ARTICULO 50.- All of the dogs, cats and other domestic animals, when being moved to another place, must be transferred in appropriate cages for each species considering their dimensions, unless when being accompanied by their owners in a private car. In case of leaving the animal inside of a vehicle, the owner must comply with the following:
I. To procure that the time the animal resides inside the vehicle is minimal.
II. Parking the vehicle under shade.
III. Open at least two windows at a height that permits air ventilation and also doesn’t let the animal escape.
ARTICLE 51.- It is forbidden to move dogs, cats or domestic animals inserting them into trunks of vehicles to prevent any suffocation or overheating risks. The animals must be transported in cages or ventilated boxes with enough space for the animal to move freely inside it and can lie inside it in a natural position.
ARTICLE 52.- The sacrifice of any animal must me made so that it doesn’t cause suffering, this sacrifice will be carried out through the procedure agreed by the Technical Advisory Board being it the most recommended and humane method.
ARTICLE 53.- No animal will be sacrificed through poisoning, strangling, hitting, or other method that causes suffering or that extends their agony.
ARTICLE 54.- The capture motivated by public health risks, dogs and other animals that wander without apparent owner, will be carried out only through the sanitary authority’s supervision and by people properly trained and equipped for capturing animals, who will avoid any act of cruelness, torment or public scandal.
ARTICLE 55.- An animal captured by the Animal Control Center can be reclaimed by its owner within 72 hours of its capture, when showing the proper ownership document, Animal Identity Card or proving the possession with the presence of two witnesses. After the termination of this period, the animal can be returned, held for adoption or sacrificed.
ARTICLE 56.- The sacrifice of animals for human or animal consumption will be carried out only in authorized places in compliance of the present regulations for Animal Control and Protection, and also the legal rules that are applicable on the subject of health.
ARTICLE 57.- The sacrifice of domestic animals will only be held in veterinary clinics, shelters or in the Animal Control Center, through the established procedures by these bylaws. Any type of animal sacrifice method will be held only by trained personnel.
ARTICLE 58.- The sacrifice in veterinary clinics will only be carried out with the expressed consent of the animal’s owner and exclusively for the reason of avoiding the animal major suffering caused by old age, disease or accident.
ARTICLE 59.- Only in cases of chance occurrence, unavoidable accident, or imminent danger, no animal will be deprived its life on public streets. The sacrificing of animals in clinics or shelters will by no means be witnessed by a minor.
ARTICLE 60.- It is the responsibility of City Hall together with the Technical Advisory Board to establish the disposal and handling of animal corpses establishing as preferential criteria health protection and environmental caution of the citizens. This method must comply with the
general terms of health and environment and with the latest scientific and technological progress.
ARTICLE 61.- In the city, the cemeteries can count with a destined area for burying domestic animals, and could use exclusive cemeteries for pets, when complying with the requirements in the City Cemetery Regulations and other legal applicant rules.
ARTICLE 62.- City Hall must have an incinerator or cremating oven in which animals from shelters can be cremated in. Individuals can solicit the service after paying the necessary fees.
ARTICLE 63.- It is the responsibility of the Inspection and Verification Unit to carry out the inspection and vigilance duty, in which the inspector must watch the compliance of these by laws.
ARTICLE 64.- When the inspector witnesses anyone carrying out an act or omission that implies animal mistreatment or intervenes with any of these regulations, they have the power of applying the necessary means for resolving, controlling and protecting the animals, with the following cautionary measures:
I. Admonition or infraction
II. Present the offender before a judge.
III. Temporary removal of the animal from the offender and depositing the animal in a shelter.
ARTICLE 65.- For the effects of these regulations, the actions or omissions that are established in these regulations and in other applicable rules, committed by individuals alone or in a collective manor are considered as INFRACTIONS, and the person responsible for committing any infraction of these bylaws is considered as an OFFENDER.
ARTICLE 66.- To guarantee the compliance of the terms contained in this document, the sanctions that could be applied are the following:
A. Admonition or a warning;
B. Infraction fee and warning;
C. Administrative arrest up to 36 hours, and
D. Temporary removal of the animal or total loss of ownership by repetition.
ARTICLE 67.- For the appliance of the previous infractions, the following must be considered:
I. The gravity of the infraction.
II. The circumstance of the transgression on these regulations.
III. The effects on detriment of the interests protected by the present regulations.
IV. The socio-economic conditions of the offender.
V. Repetition
ARTICLE 68.- A fine of the actual minimum wage salary of 3 to 5 days will be imposed, and a warning, to who omits registration and actualization of the ANIMAL IDENTITY CARD when this
obligation is demanded by the authorities.
ARTICLE 69.- A fine of the actual minimum wage salary of 3 to 10 days will be imposed, and even 36-hour arrest for the offenders of infractions I, II, III and IV of the Prohibitions chapter.
ARTICLE 70.- A fine of the actual minimum wage salary of 10 to 40 days will be imposed, and even 36-hour arrest for the offenders of infractions V, VI, VIII, XI, XII, XIX, XXIII and XXIV.
ARTICLE 71 B.- A fine of the actual minimum wage salary of 300 days will be imposed, and even 36-hour arrest to the offenders of the fraction XXVIII of article 24 on this document.
ARTICLE 72.- The payment of the fine does not exempt the offender of the compliance of the infringed legal terms.
ARTICULO 73.- A 36-hour arrest will be imposed to the offender that resists to pay the fine or to correct the committed infraction. The arrest can be changed to community service in shelters, awareness campaigns or in the places that the Animal Control Center determines.
ARTICLE 74.- Against the socio economical imposed sanctions or the appliance of cautionary measures derived from the infractions on this Regulation the Unconformity Resource could be imposed as an impugnation measure, with the purpose of the infraction to be revoked, modified or to confirm the dictated resolution by the City Authorities.
For the effects of the processing of this resource, the payment of the economical sanction that the offender made shall be deemed to have been made out under protest.
ARTICLE 75.- The unconformity resource will be imposed by hand before an Authority that emits impugnation resolution, during the 5 days prior to the knowledge of the infraction, having to write the resolution that will be challenged, having to point out the recurring, the resolution that is being challenged, the violated precepts and the facts that the offender considers violation, accompanied by the proof which the offender will be showing.
ARTICLE 76.- After receiving the writing, the judge will resolve the case in no more than 5 days.
About the imposed sanctions from other authorities, the judge will solicit a document containing the facts of what caused the infraction, where it will be made in a period of no more than three days.
ARTICLE 77.- If the appeal brought doesn’t fulfill the requirements for its processing, it will be disposed of and the offender will personally be notified.
The resolution emitted by the judge once the resource is admitted may be in the sense of confirming the decision or of modifying or nullifying the sanction imposed or the precautionary measures, providing what is conducive to its exact and due fulfillment.
FIRST. – The present regulations will come into force after the day of its publishing in the Official Newspaper of the State.
SECOND. – The “Domestic Animal Control and Protection Regulation of the City of Playas de Rosarito, B.C.”, published in the official newspaper No. 25, date June 14, 2002 Volume CIX is to
be abolished.
THIRD. – The next 60 days followed by the publishing, the other regulations that are correlates will be adjusted through the initial commission.
FOURTH.- Publish.
STATED IN THE COUNCIL HALL OF THE H.V CITY HALL IN THE CITY OF PLAYAS DE ROSARITO,
BAJA CALIFORNA, DATE MAY 24, 2012.