In recent days, the Circular on Regulating the Management of Dogs in Central City, issued by the Zhaoyang City Department of Zhaohong City, Yunnan Province, has drawn attention to the fact that dogs are restricted only to public areas such as the “Main Main Road, Back Street Lane” where dogs are prohibited from entering only at 6 a.m. - 00 a.m. It also provides that dogs must only wear masks.
This is a matter that is rapidly getting popular online. Some Internet users recommended it for national implementation, but others questioned whether there was excessive enforcement.
On the morning of 5 December, a member of the Integrated Urban Management Enforcement Bureau of Zhaoyang District informed the journalist of the morning newspaper that the circular had been issued under the direction of the head of the superior department, that the public had a dissenting opinion and that their feedback to the leadership would provide a response. At the same time, the staff member explained that a dog wearing a mask meant a bite mask and not an anti-immuno mask.
In response, the Shanghai State Attorney's Office, Mr. Tin Jinquin, argued that the city's administration as an executive was subject to the law and could not be extended or reduced in its scope, that the Proclamation, which lacked a legal basis, was invalid, and that the legislative language should be rigorous, “how to refer to a `back street alley' would require a definition to be operational”.
Zhaoyang City Authority's dog walking order:
From 12:00 a.m. to 6:00 a.m., walking dogs have to be tied and masked.
On 3 December, the Integrated Urban Management Enforcement Bureau of Zhaoyang issued a Circular on Regulating the Management of Dogs in the Central City Area (hereinafter referred to as the Proclamation), which further regulates the behaviour of uncivilized dogs in the urban areas, in response to “a number of citizens who continue to commit offences against dogs, dogs without ropes, dogs who drown, damage green land, disturb people, stray dogs and large-scale dogs”.
According to the Proclamation, dogs are prohibited from entering public areas only, requiring that “the dog outside must be attached to a leash at 00:00 a.m. to 6 a.m., the dog must wear a mask and the dog must be cleaned up in a timely manner” and that “the dog must be prohibited from entering only” public areas, including “Main City Main Road, Back Street Lane” within 6 a.m. - 00 a.m.
The Zhaoyang City Authority issued the Circular on Regulating the Management of Dogs in Central City.
Subsequently, some netizens considered the local Proclamation to be an impeccable act of accountability to citizens and hoped that it would be “nationally implemented”; others questioned: Is it reasonable for a dogkeeper to be allowed to walk from 12 a.m. to 6 a.m.?
A reporter in the morning newspaper noted that on 4 December, a member of the Internet sent a message to the local government on the People's Network leadership board saying, “It is prescribed that dogs can only walk between 12 and 6 a.m., and that dogs are prohibited from going out of their homes, including in the streets. This provision is neither civilized nor reasonable, nor even human. Civilized dogs should be out to hold ropes and pick up shit and shit and, if they do not walk the dog in a civilized way, teach them punishment. Instead of a one-size-fits-all, dogs are prohibited from going out... Is there too much law enforcement between 12:00 and 6:00 at night?"
Netizens question whether local law enforcement is excessive.
Local dog management: no limit on specific dog walk time
According to the network of officials of the Zhao Tong People's Government, article 21, paragraph 2, of the Zhao Tong City Administration Ordinance (hereinafter referred to as the Regulations), which was in force since 1 June 2018, prohibits “the release of dogs, pets and excrement of excreta on urban roads and other public sites” and, in the event of violation, is subject to critical education and correction by the integrated administrative enforcement services of the city's administration; in the event of non-correction, a fine of between $10 and $50 is imposed.
At the same time, article 30 of the Regulations provides that the raising of pets shall not affect the lives of others or endanger the safety of others, that dogs and dogs shall be kept in or attached to them, that they shall not be released or taken with other pets, that they shall be held in relation to them, and that the violation shall be corrected by an order of the General Administrative Enforcement Department of Municipal Administration, which shall be fined from $50 to $200.
In addition, article 4, paragraph 4, of the Zhao Tong Dog Management (Preliminary) Scheme (hereinafter referred to as the Scheme), which has been in place since 1 December 2008, provides that the responsibility of the Urban Management Administration is to detect and punish damage to municipal sanitation caused by dogs.
Under article 12 of the Scheme, dogs are prohibited from entering the following premises: (i) offices and production areas of institutions, groups, enterprises and establishments; (ii) hospital clinics, school areas, student dormitories, kindergartens and other places of activity for children and young people; (iii) malls, hotels, restaurants; (iv) public places such as viewing areas, urban parks, urban green areas, etc.; (v) cinemas, museums, libraries, exhibitions, sports stadiums, cabarets, playgrounds and other places of public culture and entertainment such as cars; and (vi) other places marked with prohibited places. Managers may refuse to enter the above-mentioned premises with dogs. Violations are punished by public security organs in accordance with the provisions of the Law of the People ' s Republic of China on the Punishment of Public Security Administration; they constitute offences and are held criminally responsible in accordance with the law. Article 12 of the Zhao Tong City Dog Management Scheme (Preliminary) provides for places where dogs are prohibited from entering.
Journalists noted that in public places where dogs were restricted by the aforementioned Proclamation, “the main main road in the centre of the city, back alleys” did not fall within the limits set locally, and that there were no detailed restrictions on the time taken by dogs.
Urban Authority Response: Referring to a “bit protection mask”, issued at the direction of a higher authority, with dissenting opinions available
On the morning of 5 December, a member of the Integrated Urban Management Enforcement Bureau of Zhaoyang District informed the journalist of the morning newspaper that the circular was issued under the direction of the head of the superior department, that the public had a dissenting opinion and that it would respond to the superior.
Subsequently, the Zhaoyang City Department's Phoenix Law Enforcement Brigade and the Dragon Spring Law Enforcement Brigade staff told journalists that the circular stated that “dogs should wear masks only” and that they were required to wear “absorption masks” rather than disease masks, in addition to specifically recommending that citizens “prepise garbage bags and pet cords, civilized dogs”.
“(Law enforcement) is a humanistic aspect because we also have colleagues who have dogs and who say that they cannot walk.
Can the local city authorities set a time frame for dogs to walk? In the view of the Shanghai State Law Office, lawyer Tin Kingquin, the city administration, as a law enforcer, is subject to the law and cannot extend or reduce the scope of law enforcement, and the Proclamation, which lacks a legal basis, is invalid. “The local provision may be amended and implemented, rather than allowing the city to administer its own expansion. Second, the legislative language should be rigorous and the analogy to “back street alleys” should be defined in order to be operational.”