Monday, November 29, 2010

Dog-Poop Laws In Malaysia

In North America and Europe, many states and major cities enact laws to ensure that pet waste, specifically dog-poop laws, are enforced to ensure a clean and healthy community. In Virginia and New Jersey, no animal is allowed to defecate in any part of public property without the owner of the animal immediately and sufficiently cleaning up the waste. In New York City, it's Health Code Section 161.03 decrees that a pet owner must not allow his animal to defecate on a sidewalk, floor, wall, stairway or roof of any public or private place used by public.

Just the other day, I was outside my house watering my plants and I noticed a very good-natured and conscientious couple walking their dog with a dog spade and plastic bag. I think they are model Malaysians citizens. But at least once a month, I notice big piles of dog poop right outside my front gate. In Malaysia, pet owners can be fined RM100, but all over the world this is a worse offense with some states in the USA enforcing fines up to US$500 (roughly RM1,600) and in some EU countries EU500 (RM2,090). Do we Malaysians value health and cleanliness so much less?

Below is an excerpt of the Laws Of Malaysia. Act 647 is also called the "Animals Act 1963" (hereinafter called "Malaysia's Animals Act" or "MAA"). This is also available online at http://www.dvs.gov.my/c/document_library/get_file?uuid=7de78707-1308-48e9-982f-d64208d1d486&groupId=10124.

Malaysia's Animals Act - Removal Of Articles From Infected Premises

35 (2): "Any person who fails without reasonable excuse to comply with any order made under this section [Removal of Articles From Infected Premises] shall be liable to a fine of one hundred ringgit [RM100]."

Malaysia's Animals Act - Licensing

38 (1): "No person shall own, keep, harbour or maintain any dog that is over three months old unless such dog is licensed."

38 (2): "Dogs shall be licensed only in the manner prescribed before 31 January each year... and such licence shall remain in force until 31 December of the year in respect of which such licensing was effected."

38 (3): "Dogs may be licensed at any Post Office in the State in which they are normally kept or at such other places as may be prescribed."

38 (5): "On receipt of the prescribed fee the licensing authority shall supply the owner of the dog with a serially numbered metal badge."

38 (6): "The owner of every licensed dog shall provide a collar to which the badge issued in accordance with subsection (5) shall be securely fastened in such a manner as to be clearly visible when worn, and such collar and badge shall be continually worn by such licensed dog when out-of-doors, and any dog found out-of-doors and not wearing such collar and badge may be destroyed."

38 (7) (a): "The proper authority may authorize in writing persons to destroy dogs in accordance with subsection (6) and such persons may enter upon and into any place, not being a dwelling house, for the purpose of enforcing that subsection: Provided that such person shall, if so required, produce and
show his written authority to the owner, occupier or person for the time being in charge of such place."

38 (7) (b): "In this subsection the ‘proper authority’ means a State Director, Mayor of a City Council or City Hall, President of a District Council or Local Authority, General Manager of a Town Board or the Chief Police Officer of a State."

38 (8) (a) Any person who owns, keeps, harbours or maintains any dog contrary to subsection (1) shall be liable to a fine of one hundred ringgit [RM100]."

38 (8) (b): "Any person who fails without reasonable excuse to comply with subsection (6) shall be liable to a fine of fifty ringgit [RM50]."

38 (10): "This section [38] shall not apply to any dog— (a) within any State or any part of it for so long as an Anti-rabies Vaccination Order made under section 42 is in force within such State or any part of it; or (b) which is liable to be or has been registered or licensed in accordance with any other written law."

Malaysia's Animals Act - Detention Of Any Dog That Has Bitten A Person

41 (1): "A veterinary authority or a police officer not below the rank of Inspector may order the owner or person in charge of any dog that has or is reasonably believed to have bitten any person to produce the dog to him for examination, and he may detain the dog at such place and for such time as he may deem advisable. If the owner or person in charge of such dog fails to comply with such order, the veterinary authority or police officer may immediately take possession of the dog and remove it to an animal quarantine station."

41 (2): "Any person who fails without lawful excuse to comply with any order made under this section shall be liable to a fine of one
hundred ringgit."

Malaysia's Animals Act - Supplemental - Obstructing Officers In The Execution Of Their Duties

70: "Any person who without lawful excuse obstructs or impedes or assists in obstructing or impeding any veterinary authority, police officer or officer of customs in the exercise of his duty under this Act or any rule or order made under it shall be liable to a fine of five hundred ringgit [RM500] or to imprisonment for a term of six months or to both."

Malaysia's Animals Act - Supplemental - Altering Licences

71: "Any person who without lawful authority alters any licence or permit issued under this Act or knowingly makes use of any licence or permit so altered shall be liable to a fine of five hundred ringgit [RM500] or to imprisonment for a term of six months or to both."

Malaysia's Animals Act - Supplemental - General Penalty

72: "Any person guilty of an offence against this Act shall, where no other penalty is specified, be liable to a fine of two thousand ringgit [RM2000]."

Malaysia's Animals Act - Supplemental - Penalty On Second Conviction

73: "Any person convicted of any offence against this Act who is within a period of twelve (12) months from the date of such conviction convicted of a second or subsequent like offence against this Act shall where no penalty of imprisonment is provided for such offence be liable to imprisonment for two (2) months in addition to or in lieu of any fine."

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