BUSAN METROPOLITAN CITY ORDINANCE ON ANIMAL PROTECTION AND WELFARE
Amended by Ordinance No. 6062, Jan. 1, 2020
- Article 1 (Purpose)
- The purpose of this Ordinance is to contribute to the protection of the lives of animals and the enhancement of their welfare by prescribing such matters as delegated by the Animal Protection Act and matters regarding the proper protection and management and welfare of animals.
- Article 1-2 (Definitions)
- The terms used in this Ordinance are defined as follows:
- 1. The term "animal in urgent need of protection" means any animal that needs urgent protective measures where it is impossible for such animal to be properly protected due to such reasons as the death of its owner or keeper;
- 2. The term "playground for companion dogs" means any facility that is established with fences in a certain space to allow a dog raised for companionship to play with its owner or keeper without a leash;
- 3. The term "urban improvement zone" means any area falling under Article 8 of the Act on the Improvement of Urban Areas and Residential Environments.
- Article 1-3 (Action Plan)
- The Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") shall formulate and implement an annual action plan in accordance with the animal welfare plan of Busan Metropolitan City under Article 4 (2) of the Animal Protection Act (hereinafter referred to as the "Act").
- Article 2 (Establishment and Operation of Animal Welfare Committee)
- (1) The Mayor shall establish a Animal Welfare Committee of Busan Metropolitan City (hereinafter referred to as the "Committee") to render advice on the following matters regarding animal protection and welfare:
- 1. Matters regarding the establishment, implementation, and evaluation of animal welfare plans under Article 4 (2) of the Act and annual action plans under Article 1-3;
- 2. Matters regarding animal welfare, such as the prevention of animal abuse and the rescue and protection of animals;
- 3. Matters regarding education and publicity with regard to the welfare of animals, respect for their lives, etc.;
- 4. Matters regarding the establishment, operation, etc. of animal care centers;
- 5. Other matters referred by the chairperson to the meetings of the Committee as deemed necessary for animal protection and welfare.
- (2) The Committee shall be comprised of up to 10 members, including one chairperson and vice chairperson.
- (3) The chairperson of the Committee shall be elected by and from among the commissioned members; the vice chairperson shall be the Director-General of Future Industry Bureau; and Committee members shall be appointed or commissioned by the Mayor from among the following persons with consideration given to gender composition and the number of commissioned members shall account for at least 1/2 of the total number of Committee members:
- 1. A person who is a veterinarian with abundant knowledge and experience in animal protection and welfare;
- 2. A person who has abundant knowledge and experience in animal welfare policies and is recommended by a non-governmental organization falling under Article 4 (4) of the Act;
- 3. A member of an institutional animal care and use committee under Article 25 (1) of the Act;
- 4. An honorary animal guardian under Article 41 of the Act;
- 5. Other persons who have conducted research into, or have work experience in, animal protection and welfare.
- (4) The term of office of each commissioned member shall be two years and may be renewed only once.
- (5) The chairperson shall represent the Committee and have general supervision over and control of its affairs.
- (6) When the chairperson is unable to perform his or her duties due to any unavoidable reason, the vice chairperson shall act on behalf of the chairperson; and when both the chairperson and vice chairperson are unable to perform the duties due to any unavoidable reason, a member designated by the chairperson in advance shall act on his or her behalf.
- (7) The chairperson shall convene and preside over meetings of the Committee.
- (8) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
- (9) Where necessary to deliberate on agenda items, the Committee may require relevant experts, public officials, etc. to appear before the Committee and hear their opinions, or may request relevant institutions, organizations, etc. to provide materials or other necessary cooperation.
- (10) The Committee shall have one executive secretary to handle its affairs, and a director in charge of affairs regarding animal protection shall serve as the executive secretary.
- (11) Committee allowances and travel expenses may be paid to the commissioned members, relevant experts, etc. who attend Committee meetings within the budget.
- (12) Except as provided in this Ordinance, matters necessary to operate the Committee shall be determined by the chairperson following decisions made by the Committee.
- Article 3 (Registration of Animals Subject to Registration)
- (1) An owner of animals subject to registration falling under Article 3 of the Enforcement Decree of the Animal Protection Act (hereinafter referred to as the "Enforcement Decree") shall register the animals with any person falling under the following subparagraphs:
- 1. The head of Gu/Gun having jurisdiction over the place of the owner's residence (hereinafter referred to as the "head of Gu");
- 2. A person designated by the head of Gu to perform animal registrations as an agent under Article 10 of the Enforcement Rule of the Animal Protection Act (hereinafter referred to as the "Enforcement Rule").
- (2) Any person falling under any of the subparagraphs of paragraph (1) shall take necessary measures with regard to an animal for which a registration application is filed, such as assigning an animal registration number under Article 8 (2) or attached Table 2 of the Enforcement Rule.
- (3) In case any person falling under paragraph (1) 2 receives an application for registration of an animal subject to registration, he or she shall announce the registration information to the head of Gu within five days after the registration.
- (4) The head of Gu receiving such notification under paragraph (3) shall issue an animal registration certificate under attached Form 2 to the owner within three days after confirming the registration information.
- (5) Where a radio-frequency identification device is inserted into a companion animal when such animal is registered under paragraph (1) in order to prevent it from being lost or abandoned, the Mayor may assist with all or part of the expenses for such device within the budget.
- Article 3-2 (Management of Animals)
- (1) The owner or keeper of an animal subject to registration shall comply with the following under Article 13 (2) and (3) of the Act:
- 1. He or she shall carry plastic bags, gloves, etc. to collect excreta produced by animals;
- 2. He or she shall keep a leash at a length not to cause any harm or aversion to other persons when using such leash on going outside with his or her animal;
- 3. He or she shall put a muzzle on a dangerous dog specified in attached Table 3 of the Enforcement Rule in addition to a leash referred to in subparagraph 2 when going outside with such dangerous dog: Provided, That a dangerous dog under three months of age need not wear a muzzle;
- 4. He or she shall not allow an animal raised and managed by him or her to roam outside the fences of the house without the owner: Provided, That the same shall not apply to a guide dog accompanying a person with a disability with the mark of a guide dog under Article 40 (3) of the Act on Welfare of Persons with Disabilities.
- (2) The owner or keeper of an animal subject to registration shall have such animal vaccinated for proper management.
- Article 3-3 (Restriction on Raising of or Access by Animals Subject to Registration)
- (1) Where the Mayor places restrictions on raising animals subject to registration in or bringing them into a specific area or place to prevent such animals from being lost or abandoned or to prevent risks to public health under Article 13 (3) of the Act, the Mayor may separately designate and provide public notice as to such area or place.
- (2) No owner or keeper of an animal subject to registration shall raise such animal in areas or places so designated or so publicly noticed by the Mayor under paragraph (1) or access such areas or places with the animal.
- Article 4 (Rescue, and Protection of Animals)
- (1) Where the Mayor rescues and takes protective measures for lost or abandoned animals or abused animals under Article 14 (1) of the Act, he or she shall safely rescue such animals and protect them in animal care centers under Article 15 of the Act. In this case, if animals referred to in Article 14 (1) 1 of the Act already are registered, they shall be returned to the their owners without delay.
- (2) The Mayor shall, pursuant to Article 17 of the Act, make a public announcement as to animals protected under paragraph (1) so that their owners are informed of such fact, and shall return such animals to the owners under Article 18 of the Act upon their request.
- (3) The Mayor may actively rescue lost or abandoned animals in urban improvement zones, recommend the neutering of stray cats to control their population, and establish animal shelters to protect them.
- Article 5 (Establishment, and Designation of Animal Care Centers)
- (1) The Mayor may, pursuant to Article 15 (1) of the Act, establish animal care centers to take animal rescue and protection measures under Article 14 of the Act and shall endeavor to directly operate such centers.
- (2) The Mayor may, pursuant to Article 15 (4) of the Act, designate animal care centers for animal rescue and protection measures under Article 14 of the Act. In such cases, the designation period shall be two years and designation may be re-granted.
- (3) Where the Mayor designates animal care centers under paragraph (1), he or she shall publicly announce the details of such designation on the website of Busan Metropolitan City for at least 10 days and shall receive applications from institutions or organizations that intend to be designated as animal care centers.
- (4) The Mayor shall establish a Animal Care Center Designation Committee that renders advice to him or her in order to designate animal care centers fairly and transparently. In such cases, matters necessary for the organization, operation, etc. of the Animal Care Center Designation Committee shall be separately determined by the Mayor.
- (5) Pursuant to Article 15 (4) of the Enforcement Rule, at least twice annually, the Mayor shall require his or her public officials to inspect whether animal care centers meet the standards for facilities and comply with obligations.
- (6) Where animal care centers fall under Article 15 (7) of the Act according to paragraph (1), the Mayor may revoke their designation.
- Article 5-2 (Establishment of Animal Welfare Support Centers)
- (1) The Mayor may establish and operate animal welfare support centers that perform the following functions other than rescuing and taking protective measures for animals under Article 14 of the Act:
- 1. Acquisition, protection, and transfer of animals in urgent need of protection;
- 2. Registration of animals to be transferred and neutering of stray cats;
- 3. Civic education on animal protection and education on socialization of companion animals;
- 4. Counseling related to animal abuse and animals;
- 5. Research into and planning of animal protection policies;
- 6. Support for social movements for animal protection;
- 7. Control and prevention of diseases, such as zoonoses;
- 8. Other matters necessary to improve animal protection and welfare and to raise the awareness thereof.
- (2) Where the head of a Gu establishes and operates animal welfare support centers that perform the functions referred to in paragraph (1), the Mayor may partially subsidize the establishment and operation of such centers within the budget.
- Article 5-3 (Establishment of Animal Transfer Centers)
- (1) The Mayor may establish and operate animal transfer centers to promote the transfer of abandoned animals and improve the awareness of transferring such animals.
- (2) Where the head of a Gu establishes and operates animal transfer centers that perform the functions referred to in paragraph (1), the Mayor may partially subsidize the establishment and operation of such centers within the budget.
- Article 6 (Expenses for Caring for Animals)
- (1) The Mayor may claim expenses for caring for an animal from its owner or a person to whom such animal is transferred under Article 19 (1) of the Act.
- (2) Where the owner of an animal renounces ownership of an animal under subparagraph 2 of Article 20 of the Act, the Mayor may exempt the owner from all or part of care expenses.
- (3) When the Mayor intends to claim expenses for caring for an animal under paragraph (1), such expenses shall be calculated based on the standards specified in the attached Table.
- (4) The Mayor may provide animal care centers with subsidies to cover all or part of their care expenses under Article 15 (6) of the Act.
- Article 7 (Transfer or Donation of Animals)
- (1) Where the Mayor transfers or donates an animal, the ownership of which is acquired by him or her under Article 20 of the Act, pursuant to Article 21 of the Act, he or she may preferentially transfer such animal to a person who consents to neuter it or may recommend the neutering of the animal.
- (2) The qualifications for an animal lover referred to in Article 21 (1) of the Act shall be as follows:
- 1. A person affiliated with a non-governmental organization under Article 5 of the Enforcement Decree;
- 2. A animal guardian under Article 40 of the Act or an honorary animal guardian under Article 41 of the Act;
- 3. Other persons to whom an animal is to be transferred or donated for companionship.
- Article 7-2 (Adoption of Lost or Abandoned Animals)
- The Mayor may grant subsidies to a person who intends to adopt a lost or abandoned animal so as to cover all or part of animal insurance premiums within the budget. In such cases, subsidies shall be granted only once, in an amount equal to a one-year insurance premium.
- Article 8 (Reduction and Exemption of Fees)
- Fees under the standards set in attached Table 12 of the Enforcement Rule may be exempted in any of the following circumstances:
- 1. Where registering abandoned or abused animals after donation or sale in lots among animals subject to registration;
- 2. Where registering guide dogs for the disabled under Article 40 of the Welfare of Disabled Persons Act.
- (2) Fees may be reduced by 50 percent of the standards set in attached Table 12 of the Enforcement Rule in any of the following circumstances:
- 1. Where animals are registered by a recipient under Article 2 (2) of the National Basic Living Security Act;
- 2. Where registering a neutered animal subject to registration;
- 3. Where registering an animal subject to registration into which a radio-frequency identification device is inserted;
- 4. Where reporting a change due to a damaged or lost radio-frequency identification device.
- (3) When registering two or more animals subject to registration at the same time, the fees under the standards set in attached Table 12 of the Enforcement Rule may be reduced by 25 percent for each.
- Article 9 (Delegation of Authority)
- The Mayor may delegate his or her authority under Articles 4, 5 (2) through (6), 6, and 7 to the head of Gu for the efficient protection, management, etc. of animals.
- Article 10 (Charter of Respect for Animal Life)
- The Mayor may enact and declare a Busan Metropolitan City Charter of Respect for Animal Life to create a happy city where animals and humans coexist.
- Article 11 (Education on Animal Protection and Welfare, and on Respect for Animal Life)
- (1) The Mayor may provide infants and young children, students, and citizens with education on animal protection and welfare, and on respect for animal life.
- (2) The Mayor may provide education referred to in paragraph (1) at animal welfare support centers prescribed in Article 5-2 (1), and may delegate or entrust such education to Gu/Gun animal welfare support centers under paragraph (2) of that Article or relevant institutions or organizations.
- Article 12 (Collection and Management of Data on Actual Status of Animal Protection and Welfare)
- (1) The Mayor shall collect and analyze data on the actual status of animal protection and welfare, and shall manage related statistics.
- (2) Where necessary to conduct surveys on the actual status and manage statistics under paragraph (1), the Mayor may request Gus/Guns, relevant institutions or organizations, etc. to provide data or opinions.
- Article 13 (Establishment, and Operation of Playgrounds for Companion Dogs)
- (1) The Mayor may establish and operate playgrounds for companion dogs.
- (2) Matters necessary for the establishment and operation of playgrounds for companion dogs shall be separately determined by the Mayor.
- (3) Where the head of Gu establishes a playground for companion dogs, the Mayor may partially subsidize the establishment of such playground within the budget.
- Article 14 (Establishment of Dedicated Institution)
- The Mayor may establish a dedicated institution to continue pursuing policy measures for animal protection and welfare, the prevention of animal abuse, etc.
- ADDENDA <Ordinance No. 6062, Jan. 1, 2020>
- Article 1 (Enforcement Date)
- This Ordinance shall enter into force on January 1, 2020.
- Article 2 (Effective Period)
- Article 3 (5) of this Ordinance shall be effective until December 31, 2022.
