On 3 December, Yunnan Zhaohong issued the “Dog Maximum Order”.
Zhaoyang City Authority “Doggy Walking Order”: The dog must be tied and masked from 0 am to 6 a.m.
On 3 December, the Integrated Law Enforcement Agency for Urban Management of Zhaoyang City, Zhaotung City, Yunnan Province, issued a Circular on Regulating the Management of Dogs in Central City (hereinafter referred to as the Proclamation), which further regulates the behaviour of uncivilized dogs in urban areas, in response to “the continued existence of some of the citizens who walk dogs in violation of the law, walk dogs without ropes, dogs who drown on the ground, damage green lands, disturb people, stray dogs, and heavy dogs”.
According to the Proclamation, dogs are prohibited from entering public areas only, requiring that “the dog must be attached to a leash at 00:00 a.m. - at 6 a.m., the dog must wear a mask and the dog should be cleaned up in a timely manner” and that “the dog shall be prohibited from entering only” public areas, including the “Main City Main Road, Back Street alley” within 6 a.m. - 00 a.m.
The Zhaoyang City Authority issued the Circular on Regulating the Management of Dogs in Central City.
There are those who believe that the local Proclamation is a desperate act for the citizens and hope that it will be “nationalized”.
However, some netizens also questioned whether it would be reasonable for a dogkeeper to be allowed to walk only between 0:00 a.m. and 6:00 a.m.
Journalists noted that, on 4 December, a member of the Internet sent a message to the local government on the People's Network leadership board, stating: “It is prescribed that dogs can only walk between 0:00 and 6:00 a.m. and that dogs are prohibited from going out, including in the streets. This provision is neither civilized nor reasonable, nor even human. Civilized dogs should be out of the house to hold ropes and pick up shit, and if they do not walk the dog in a civilized manner, they should be punished. Instead of cutting in one way or another, dogs are prohibited from going out of the house between 0:00 and 6:00 a.m., are they over-regulated.”
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 and Enforcement Service of Zhaoyang District informed journalists that the circular had been issued under the direction of the head of the department, that the public had a dissenting opinion and that its feedback to the head of the office would provide a response.
Subsequently, members of the Phoenix and Dragon Spring Law Enforcement Brigades of the Zhaoyang City Department informed journalists that “dogs only wear masks” as stipulated in the Proclamation were required to wear “absorption masks” rather than “preventive masks” and that, in particular, in enforcing the law, citizens were advised “to prepare garbage bags and pets for the leash, civilized dogs”.
“(Law enforcement) is a humanistic aspect because we also have colleagues who have dogs and who say that they cannot walk.
Counsel ' s comments: Ineffectiveness of the circular without legal basis
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.”