Municipal Ordinance No. 2007-005
Cabatuan Rabies Control Ordinance of 2007
Municipality of Cabatuan, Iloilo, Philippines
SB Corner, Municipal Ordinances 2007, Municipal Ordinance No. 2007-005
Municipal Ordinance No. 2007-005
Friday, 26 November 2010 05:50
EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE HONORABLE SANGGUNIANG BAYAN OF CABATUAN, ILOILO HELD AT THE MUNICIPAL SESSION HALL ON JUNE 28, 2007 AT 9:00 A.M.
HON. RONILO O. CASPE Municipal Vice Mayor/
HON. NESTOR C. AMOROSO Sangguniang Bayan Member
HON. LOUVENN C. LEYSO Sangguniang Bayan Member
HON. REGINALDO C. NANDIN Sangguniang Bayan Member
HON. NOEMI G. CABALLERO Sangguniang Bayan Member
HON. ANGEL C. AGUERO Sangguniang Bayan Member
HON. JOEMAR Y. TUVILLA Sangguniang Bayan Member
HON. SALVADOR C. AMOROSO Sangguniang Bayan Member
HON. ABELARDO S. CLOMA Sangguniang Bayan Member
HON. ANTHONY P. GALINDO III SK Fed. President/Member
HON. RAFAELA C. JILOCA Liga President/Member
(On Forced Leave)
MUNICIPAL ORDINANCE NO. 2007-005
CABATUAN RABIES CONTROL ORDINANCE OF 2007
Section 1. Short Title. This ordinance shall be known as “Cabatuan Rabies Control Ordinance of 2007”.
Section 2. Definition of Terms:
For the purpose of this ordinance, the following definitions shall prevail:
DOG – a specific animal (canis familiaris), male or female.
RABIES – a fatal transferable virus disease of the central nervous system transmitted by the bite of an infected warm-blooded animal, in most cases, the dogs.
VACCINATION AGAINST RABIES – the inoculation of a dog with a rabies vaccine licensed for the species by the Bureau of Animal Industry (BAI), Department of Agriculture. Such vaccination must be performed by a licensed veterinarian and/or a trained vaccinator from the BAI, Provincial Veterinary Office, Municipal Agriculture Office, Municipal Health Office and the Municipal/Barangay Rabies Control Committee.
OWNER – any person keeping, harboring or having charge or control of or permitting any dog to habitually be or remain on, or be lodged or fed within such person’s house, or any other property, including its yard or premises.
RESPONSIBLE DOG OWNER – one who takes possession only of the number of dogs he/she could afford to feed and give proper care to by giving clean, nutritious and sufficient food and water, bathing, cleaning its sleeping area, chaining or putting the dog in a cage and not allowing it to stray, and having it vaccinated against rabies when the dog reaches 3 months old and as scheduled on Section 5 of this ordinance.
RABIES CONTROL AUTHORITY – duly authorized person or persons responsible for the enforcement of this ordinance (such as policemen, MAO and MHO personnel, trained vaccinator, members of the Municipal/Barangay Rabies Control Committee, members of the Barangay Council, etc.)
HAS BEEN BITTEN – has been seized with the teeth so that the skin of the person has been wounded or pierced, lacerated, or even to include, scratched and/or licked.
ENCLOSED PREMISES – the owner’s house, or fenced yard, where other people have no reason to enter except the conduct business or visit with the members of the household.
RESTRAINED – tethered, leashed or caged.
PUBLIC POUND – an establishment where “stray animals” or those animals “running at large” such as dogs shall be impounded, confined or restrained.
STRAY DOGS OR DOGS RUNNING AT LARGE – dogs which are loose, unrestrained, unconfined or not under complete control of its owner or the one in possession thereof and are found in streets, plazas, markets or any places open to the public, with or without dog tag.
TRAINED VACCINATOR – any person authorized by the MRCC/BRCC and trained on proper dog handling and on the procedures of dog vaccination.
LGU – Local Government Unit of Cabatuan
MRCC – Municipal Rabies Control Committee
BRCC – Barangay Rabies Control Committee
MAO – Municipal Agriculture Office
MHO – Municipal Health Office
Section 3. Organization of the Rabies Control Committee
Section 3.1. Municipal Rabies Control Committee: Organization and Authority - A Functional Municipal Rabies Control Committee (MRCC) shall be organized and established. It shall possess the main authority of issuing policies and of enforcing the proper implementation of this Rabies Control Ordinance, as well as, other rabies control-related programs and activities for the municipality, as it may deem necessary.
Section 3.2 COMPOSITION OF MRCC – This MRCC shall be composed of the following members, subject to additional membership as the need arises:
1. Chairperson - Municipal Mayor
2. Vice Chairpersons - Municipal Agricultural Officer
Municipal Health Officer
Chairperson, SB Committee on Agriculture
Chairperson, SB Committee on Health
3. Members - Municipal Chief of Police
School District Supervisors
Heads of Secondary Educational Institutions
President, Liga ng mga Barangay
Municipal Planning and Development Officer
Municipal Local Government Operations Officer
Two (2) Non-Gov’t. Organization Representatives
Section 3.3. MRCC TASKS – The MRCC shall be tasked to strictly and thoroughly incorporate educational awareness activities [re: responsible dog ownership (dog registration, immunization and dog leashing, etc.); dog impounding activities; rabies as a fatal and dangerous health problem among other], among its campaign programs to strengthen local program implementation. Holding of orientation seminars and other similar activities for all dog owners before they have their dog or dogs registered and vaccinated is advised to ensure proper and full comprehension among them of the purpose of this Ordinance, thereby, promoting the ordinance and/or the program’s effectivity and sustainability at all levels.
Section 3.4 BARANGAY RABIES CONTROL COMMITTEE
Section 3.4.a ORGANIZATION AND AUTHORITY – A functional Barangay Rabies Control Committee (BRCC) shall be organized and established in every barangay to help the MRCC to carry out its purpose and shall possess the main authority of ensuring the proper, effective and sustainable implementation of this rabies control ordinance as well as other rabies control-related programs and activities at the barangay level, as it may deem necessary.
Section 3.4.b COMPOSITION – The BRCC shall be composed of the following members, subject to additional membership as the need arises:
1. Chairperson …………………… Punong Barangay
2. Vice Chairpersons …………… Sangguniang Barangay Chairperson of the:
Committee on Agriculture
Committee on Health
3. Members ………………………… All Other Barangay Kagawads
Midwife assigned in the Catchment Area
Barangay Health Workers (BHW)
Barangay Watchmen (Tanods)
Barangay Nutrition Scholars (BNS)
Agricultural Technologist assign to the barangay
Section 3.4.c NON-FUNCTIONAL OR INACTIVE BRCC – The Municipal Mayor shall have authority and supervision over all BRCC’s. He may impose sanction/penalty to any non-functional or inactive BRCC as he may deem necessary under the circumstances.
Section 4. PROTECTION OF PERSONS EXPOSED TO DOGS AND/OR RABIES IN THE PERFORMANCE OF DUTY
Section 4.1 FREE PRE-EXPOSURE PROPHYLAXIS – All persons authorized by the MRCC who shall be exposed with dogs and/or rabies in the conduct of dog handling/vaccination/impoundment and the likes, shall be provided with free pre-exposure prophylaxis by the MHO; Office of the Municipal Mayor or any other agency: either municipal, provincial, regional or national, which could extend aid for the purpose, prophylactic or other similar drugs, to prevent their risk of getting infected with rabies while on duty.
Section 4.2. OCCUPATIONAL/EXTRA BENEFITS AND HAZARD PAY FOR AUTHORIZED AND PERMANENT PERSONNEL – The LGU shall extend hazard pay and shall provide occupational insurance coverage to every authorized personnel who are permanent government employees, GSIS Policy Holders, and are designated/delegated to work for its rabies control program, most particularly those considered in the frontline facing risk and danger in handling dogs, and shall remit to an authorized and reputable insurance company, the advised rate or allowable contributions for such insurance benefits.
Section 4.3. OCCUPATIONAL/HAZARD INSURANCE BENEFITS FOR AUTHORIZED CONTRACTUAL ORNON-PERMANENT PERSONNEL – The LGU shall likewise extend hazard or occupational insurance to contractual or non-permanent personnel designated / delegated / authorized to work on its rabies control program, most particularly those in frontline facing risk and danger in handling dogs, and shall remit to an authorized and reputable insurance company the advised rate or allowable contributions for such insurance benefits.
Section 4.4. MEDICAL AND OTHER ASSISTANCES TO AFFECTED PERSONNEL – In cases wherein the licensed veterinarian/trained vaccinator/MRCC or BRCC members or their duly authorized representative/s be bitten by a dog while in the performance of duty, the local government concerned shall be responsible for providing medical assistance and/or other kinds of support for the affected personnel. Furthermore, the LGU shall help in the facilitation of the proper handling and laboratory examination of the dog, and in any case, its disposal or elimination.
Section 5. RABIES VACCINATION
Section 5.1. Vaccination Schedule
Section 5.1.a - Every dog three (3) months of age or older shall be submitted by the owner for its first vaccination against rabies and the succeeding years thereafter. The initial dose shall be one (1) cc. or as indicated on the label/literature of the vaccine. Young dogs shall be vaccinated within thirty(30) days after they have reached three months of age.
Section 5.2. RESTRAIN DOGS - Vaccinated dog shall still be restrained or kept in cages or enclosed premises and shall not be allowed to wander in places open to the public, otherwise, such dogs shall be considered stray. The owner/s of such dogs shall be held liable for negligence.
Section 6. DUTIES OF A VETERINARIAN/VACCINATOR
The Veterinarian or the MRCC authorized vaccinator shall have the primary duty of injecting anti-rabies vaccine to dogs submitted for registration and vaccination. It shall also be the duty of every vaccinator to complete a certificate of rabies vaccination for each animal vaccinated and to provide a dog tag for every registered and vaccinated dog.
Section 6.1 ISSUANCE OF A CERTIFICATE OF REGISTRATION - After vaccination and registration of a dog, there shall be issued a certificate of registration and vaccination by the veterinarian/vaccinator, countersigned by the Municipal Agriculture Officer or the Municipal Health Officer or any duly authorized personnel of the MRCC.
The certificate of rabies vaccination shall include the following information:
- Owner’s name, address and telephone number, if any;
- Registration date
- Rabies vaccination Code/Tag Number (Coding System shall be dependent on the agreement of the MRCC)
- Description of dog (color, sex, markings, age, name, species and breed, if known)
- Dates of Vaccination and Vaccine expiration (if any)
- Vaccine producer or manufacturer
- Veterinarian’s/Vaccinator’s Signature
- Veterinarian’s license number/vaccinator’s address
Section 6.2 MASTERLISTING/FILING OF CERTIFICATES OF VACCINATION – There shall be a certificate of registration (in four copies) for every dog registered and vaccinated. The dog owner shall be provided with a copy of the certificate. Three copies will be retained for filing and master listing of the Municipal Rabies Control Committee (MRCC), MAO and the BRCC.
Section 6.3 DOG TAGS – A durable metal or plastic tag, distinguishable from each other as serially numbered and or coded, issued solely by the MRCC through the vaccinator/s shall be securely attached to the collar of the dog as proof of vaccination and registration.
Section 6.4. BARANGAY VACCINATORS – There shall be trained vaccinators in every barangay, who shall be duly trained by the MRCC authorized vaccinator or veterinarian. These trained vaccinators will take the place of the MAO or MHO personnel in the administering of the vaccine to dogs in their respective barangays during vaccination operations spearheaded by the BRCC and shall assist the MAO or MHO personnel in MRCC-spearheaded vaccination operations.
Section 6.4.a Required Number of Vaccinators Per Barangay – There shall be at least one (1) vaccinator in every barangay.
Section 6.4.b Training, Agency Responsible – The lecture and hands-on training which shall be the responsibility of the MAO should include but should not be limited to, the following:
Section 6.4.b.1 – Safety precautions in handling a dog;
Section 6.4.b.2 – Proper handling of vaccine;
Section 6.4.b.3 – Hands-on/actual administration of vaccination
Section 6.4.b.4 – Reporting
Section 6.4.c Criteria/qualification in the Selection of Vaccinators:
6.4.c.1 – At least High School graduate;
6.4.c.2 – 21 years old and above;
6.4.c.3 - Willingness to be trained and to perform vaccination;
6.4.c.4 – Must be recommended by the Punong Barangay.
Section 7. VACCINATION COST
The cost of the first or initial vaccination and succeeding vaccination shall be subsidized by the municipal government.
Section 8. DOG REGISTRATION OR LICENSING
Section 8.1 WHEN TO REGISTER AND VACCINATE – upon reaching the age of three (3) months, the dog shall be submitted by its owner for registration. Upon registration, the dog shall also be submitted for vaccination and every year thereafter. Unvaccinated dogs submitted for registration after reaching the age of three (3) months and above but not previously registered shall be vaccinated upon registration.
Section 8.2 REGISTRATION FEE – The dog owner or owners shall pay a registration fee of One Hundred (P100.00) Pesos per dog, which shall also cover the cost of dog tag and registration certificate.
Section 8.3 COLLECTION SHARING SCHEME – payment of registration or licensing fee could be done at the barangay level, through its barangay treasurer, in which case, a sharing scheme of 50%:50% shall be followed, less expenses for dog tags and certificate. (50% of the collections accrued shall go to the barangay funds and the other 50% shall go to the municipal treasury).
Section 8.4 ISSUANCE OF OFFICIAL RECEIPT – The barangay treasurer shall issue the owner of the dog with an official receipt upon full payment of One Hundred (P100.00) Pesos for every vaccinated and registered dog.
Section 8.5. REMITTANCE OF COLLECTIONS FOR DOG REGISTRATION – All collections for dog registration of the Barangay Treasurer in every barangay shall be remitted to the Municipal Treasurer during office hours a week after the collection was made during office hours, as based on the official receipts disposed and/or issued.
Section 9. MANDATORY APPROPRIATION
Section 9.1 ANNUAL BUDGET – FUND SOURCE – There shall be a minimum amount of P300,000.00 for the municipality and a minimum amount of P5,000.00 for every barangay to be appropriated for the purchase of anti-rabies dog vaccines, assistance to persons bitten by a rabid dog and for the sustainable implementation of this ordinance. The said amount shall be provided for in the annual budget of the municipality and the barangay, for every calendar year.
Section 9.2 FUND SOURCE – the source of fund shall be the 20% IRA Development Fund.
Section 10. DOG CATCHER’S APPOINTMENT/DESIGNATION AND INCENTIVES
Section 10.1 MRCC DOG CATCHERS – The MRCC - authorized dog catchers shall be designated and shall bear an identification card (ID), both duly signed by the Municipal Mayor and renewable at the beginning of every calendar year. They shall be entitled to Twenty (P20.00) Pesos per stray or unregistered dog caught on their own initiatives but as allowed by this ordinance or during dog catching/impounding operations as monetary incentive, said amount to be taken from the anti-rabies allocation of the municipality.
Section 10.2 BRCC DOG CATCHERS – Barangay dog catchers shall have an appointment or designation and shall bear an identification card (ID), both duly signed by the Punong Barangay and renewable at the beginning of every calendar year. They shall be entitled to an incentive pay of Twenty (P20.00) Pesos per dog caught on their own initiatives but as allowed by this ordinance or during dog catching/impounding operations in the barangay. The amount shall be taken from the Rabies Control allocation of the barangay.
Section 11. CATCHING OF STRAY DOGS OR DOGS RUNNING AT LARGE – any dog found astray or roaming around freely at any public area/place with or without dog tag or especially those found to be showing viciousness shall be caught by MRCC/BRCC authorized dog catchers.
Section 12. ESTABLISHMENT AND MAINTENANCE OF THE ANIMAL POUND
Section 12.1 MUNICIPAL DOG POUND – there shall be established a “Public Pound” which shall be maintained under the supervision of a licensed veterinarian, or any authorized/designated pound officer of the Office of the Municipal Agriculturist or of the MRCC. The site of the Municipal Dog Pound shall be identified or determined by the Mayor.
Section 12.2 BARANGAY DOG POUND - there shall be a Public Pound in every barangay which shall be established and maintained with barangay funds under the supervision of the authorized/designated pound officer by the BRCC. The site of the barangay dog pound shall be identified by the Punong Barangay.
Section 12.3 DOG POUND UTILIZATION AND OPERATION – any dog found astray or roaming around freely at any public area with or without dog tag, or specially those found to be showing signs of viciousness, shall be impounded and confined in the Municipal or Barangay Dog Pound or in the absence of such, any suitable place to house stray dogs.
Section 12.4 POUND NOTICE - upon receipt of the dog into the pound, the pound officer or in the absence of such, the municipal/barangay treasurer or any other person duly authorized by the MRCC/BRCC, shall advertise in the Municipal Building, Barangay Hall, or any other conspicuous places, a pound notice of three (3) consecutive days, stating the following:
a). Color, breed and other description of the impounded dog.
b). The data and time when the respective impounded animal was caught
c). The place or location where the particular impounded dog was caught.
Section 12.5 POUNDAGE FEE - The owner/s of impounded dogs shall pay to the municipal/barangay treasurer or his or her duly authorized collection personnel the amount of P100.00 as poundage fee per dog on the first three (3) days of impoundment plus P10.00 a day for its daily sustenance/maintenance and the registration fee.
Section 12.6 REDEMPTION OF IMPOUNDED DOGS - should the owners thereof refuse or unable to redeem said dog/s within three (3) days from the first day of impoundment and after proper public notification or advertisement, said owner is deemed to have forfeited his/her ownership over the said dog/s, which shall be then sold through Public Auction by the municipal/barangay treasurer or any of his or her duly authorized representatives, the minimum bid amount pegged at Two Hundred Fifty (P250.00) Pesos per dog. The proceeds will go to the municipal/barangay treasury to cover expenses. Those unsold shall be eliminated through the methods provided in Section 13 and 14 of this Ordinance.
SECTION 13. OBSERVATION PERIOD FOR A DOG WHICH HAS BITTEN A PERSON OR ANOTHER ANIMAL CONSIDERED FOR HUMAN CONSUMPTION - any dog which has bitten a person or another animal considered for human consumption shall be impounded, restrained and observed for fourteen (14) consecutive days, after which, the owner of the said animal shall be required to have the dog registered and vaccinated as provided for in Section 5, subsection 8.1 and 8.2 of this Ordinance.
SECTION 14. ELIMINATION OF DOGS UNDER OBSERVATION AND SUSPECTED OR FOUND TO BE RABID
Should the apprehended dog become vicious and suspected or found to be suffering from rabies, it shall be eliminated immediately through carbon monoxide asphyxiation or any method as may be recommended by the MRCC/BRCC and the head of which shall be brought to the Regional Animal Disease Diagnostic Laboratory of the Department of Agriculture or Western Visayas Medical Center Laboratory for examination and proper action.
SECTION 15. ELIMINATION/DISPOSAL OF UNREGISTERED AND UNVACCINATED DOGS
Section 15.1. COMPASSIONATE DESTRUCTION – Unregistered dogs over the age of four (4) months and unredeemed by its owners after its required period of impoundment shall either be seized and compassionately eliminated under the supervision of a licensed veterinarian or the Municipal/Barangay Rabies Control Committee.
Section 15.2. GUIDANCE OF THE MRCC/BRCC – The licensed veterinarian/trained vaccinator/Municipal/Barangay Rabies Control Committee shall provide guidance on the destruction methods to be used (carbon monoxide asphyxiation) or any method as may be recommended by the MRCC/BRCC in the public animal pound or any suitable environment as may be determined by the MRCC/BRCC.
Section 15.3. The Licensed veterinarian/trained vaccinator/BRCC/MRCC or a police officer may enter any land or area for the purpose of seizing or eliminating a dog, which is liable to be seized under this section.
Section 15.4. BASIS FOR ELIMINATION – the elimination of such animal shall be based on the presence or absence of a dog tag and/or a registration/vaccination certificate; and if the dog shows some signs of viciousness or being rabid.
Section 15.5. DEPUTIZATION OF PUNONG BARANGAY AND TANOD – The Punong Barangays and village watchmen (Tanod) are hereby authorized/deputized to seize, destruct, destroy or eliminate stray dogs seized or caught in their respective area of jurisdiction using methods provided in this section.
Section 15.6. ACCIDENTAL STRANGULATION RESULTING TO DEATH – In cases where there shall be accidental strangulation of the dog/s by the dog catchers or any MRCC/BRCC member while in the act of seizing or catching the dog in the implementation of this ordinance, said dog catchers or any MRCC/BRCC member shall not be held liable in the event that the said act results to death of the dog/s.
Section 16. REPORTING OF BITING INCIDENT
The owner of the dog, which has bitten any person, and the person who has been bitten shall, within twenty-four (24) hours from the time of the occurrence, report the incident to the Barangay Health Worker, or to the midwife assigned in the catchment area or at the Municipal Health Office for proper medical action for the victim. The same shall be reported to the Police Office and shall be included as an entry in the police blotter. In cases where dog has bitten another animal considered for human consumption, the owner of the culprit dog or owner of the animal that has been bitten shall, within twenty-four (24) hours, report the incident to the Municipal Agriculture Office or to the Agricultural Technologist assigned in the area for proper action. The dog and the animal bitten by such dog shall both be isolated and leashed/restrained/caged for observation. Any authorized person such as the police officer, health worker, agriculturist/agricultural technologist, etc. receiving such information shall immediately transmit the incident to the Municipal Rabies Control Committee for proper investigation and action.
SECTION 17. RESPONSIBILITY OF THE OWNER OF THE DOG WHICH HAS BITTEN A PERSON OR OTHER ANIMALS
Section 17.1. The owner of the dog which has bitten a person or other animals considered for human consumption shall be responsible for the cost of treatment, dog examination and related expenses incurred by the bite incident. However, when the bite was inflicted by a restrained and registered dog; or, had occurred within the dog owner’s enclosed premises, arrangements shall be made between the owner and the bite victim or owner of the animal considered for human consumption.
Section 17.2. The settlement and/or arrangement between the dog bite victim or the owner of the bitten animals and the owner of the dog for the payment of all necessary expenses related to the dog bite incident shall be made at the Barangay where the incident happened after filing the complaint before the Office of the Punong Barangay or Lupon Tagapamayapa.
SECTION 18. OTHER ANIMALS BITTEN BY A RABID DOG
Section 18.1. In cases where a rabid dog has bitten another animal/s whose meat are considered for food, the bitten or rabies infected animal/s shall, in any case, not be slaughtered/sold/distributed for human consumption.
Section 18.2. Any person who knowingly or unknowingly caused the slaughtering, selling or distribution for human consumption of such rabies infected animal/s, shall be compelled to pay for all expenses related to the immunization/cure, to include other incidental expenses, of persons who have eaten such meat of animal/s.
SECTION 19. RABIES CONTROL ADVOCACY/MASSIVE INFORMATION DRIVE
Section 19.1. COORDINATION AMONG AGENCIES – all religious/church groups, educational institutions in all levels (elementary, secondary, tertiary) non-governmental organizations and other entities shall be enjoined to include in their respective extensions and outreach programs the advocacy on the dangers of rabies and its control. There shall be coordinative initiatives, activities and projects among these herein mentioned groups and the local government unit in the pursuance of the aims and purposes of this ordinance.
SECTION 20. PENALTY CLAUSE
Section 20.1. Any dog owner who fails to abide with Sections 5 and 8 of this ordinance shall be subjected to the following penalties:
20.1.1 - 1st Offense – Fine of Two Hundred Pesos (P200.00) per dog with strict compliance of Sections 5 and 8 of this ordinance.
20.1.2. - 2nd Offense - Fine of Three Hundred Pesos (P300.00) per dog with strict compliance of Sections 5 and 8 of this Ordinance or elimination of the dog as provided for in Section 15 of this ordinance.
Section 20.2. Any dog owner who fails to abide with Sections 17 and 18 of this Ordinance shall be fined Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of one (1) month or both fine and imprisonment at the discretion of the court with strict compliance with Section 17 and 18.
Section 20.3. Any violation of any provision of this ordinance shall not relieve the owner of any civil and/or criminal liability.
SECTION 21. REPEALING CLAUSE
This ordinance repeals all other ordinances inconsistent hereto.
SECTION 22. EFFECTIVITY
This ordinance shall take effect after necessary requirements on publications are complied with.
I HEREBY CERTIFY to the correctness of the foregoing Municipal Ordinance.
ROSALIA C. FERRARIZ
Sangguniang Bayan Secretary
RONILO O. CASPE
Municipal Vice Mayor/
RAMON C. YEE