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ANIMAL PROTECTION LAWS IN ANDALUCIA.

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Laws for the protection of animals (Google English translation)

Law on Protection of Animals

CHAIR OF THE BOARD OF ANDALUSIA
December 19, 2003 BOE, no. 303, [pg. 45,194]
Andalusian BOJA December 10, 2003, no. 237, [pg. 25,824]
ANDALUCIA-PROTECTION OF ANIMALS AND PLANTS. Law on Protection of Animals

THE PRESIDENT OF THE BOARD OF ANDALUSIA TO ALL WHO WATCH THIS, KNOW:

That the Parliament of Andalusia has passed and I, on behalf of King and authority vested in me by the Constitution and the Statute of Autonomy, promulgate and order the publication of the following: LAW ON THE PROTECTION OF ANIMALS.

EXPLANATORY MEMORANDUM
I.
In recent decades has proliferated in the most civilized societies, an unprecedented feeling of protection, respect and protection of nature in general and animals in particular, becoming a cultural issues that matter to all citizens. In this process, especially factors have contributed to raising both scientific-technical and philosophical.

On the one hand, science, through the study of animal physiognomy, has been shown empirically that the arguments that were put forward for so many centuries to distance us from the animals lacked justification, be crucial in the process of modern genetic studies. At the same time, studies on sensory and cognitive abilities of animals have left no doubt about the possibility that they may experience feelings such as joy, fear, stress, anxiety, pain or happiness. "Studies on the sensory capabilities
and cognitive animals have left no doubt about the possibility
that they may experience feelings such as joy, fear,
stress, anxiety, pain or happiness. "

On the other hand, the finding of this data has been generated since the mid-sixties, a major rethinking of ethics, code-ideological, about man's position towards animals, with the primary aim of clarifying where is the fuzzy boundary between animal welfare and human interests. This has given rise to a new line national and international legislation on protection of animals.
In the latter area, there are many texts that refer to these protectionist principles. Among them include the Universal Declaration of Animal Rights, adopted by UNESCO on October 17, 1978, and in the field of European Union European Parliament's resolution of June 6, 1996, an initiative embodied in the Protocol the Treaty establishing the European Community No. 33, on protection and welfare of animals, introduced by the Treaty of Amsterdam (RCL 1999, 1205, 2084).

Current legislation in our country is only partial and scattered, which does not provide an adequate and effective protection of animals. Under these circumstances, the Andalusian society came claiming the defense mechanisms that would ensure the same. In order to meet this demand, the Autonomous Region has developed this Act

Among the matters listed in Article 148 of the Constitution (RCL 1978, 2836; ApNDL 2875) and, in turn, collected as the exclusive competence of the Autonomous Region include health and hygiene, culture, leisure and entertainment (Article 13.21, 13.26 , 13.31, 13.32, of the Statute of Autonomy for Andalusia [LAN 1982, 53]), therefore the responsibility of the Autonomous regulation of the subject matter of this Act

II.
This Act takes into account that within the animal protection across sectors can be distinguished by virtue of the purpose for which they are intended: livestock, experimentation, company, etc.., Which by their special connotations require separate and detailed treatment to achieve protection that meets your specific needs.

From this diversity, it has chosen to regulate the conditions for protection of companion animals, because these are the less attention by the special legislative and social dimensions that are achieving in recent years. This regulation is made from as many perspectives, not limited solely to the protection of the animals themselves, but also incorporating measures to ensure a healthy relationship of animals to man, not only from the hygienic point of view health, but also in security.

This has not prevented, however, are collected in the General Provisions, the minimum attention should treat all animals living in the possession of man.

Finally, this text aims to adapt the legal rules to a public awareness increasingly widespread demands for an end to the abuse, neglect or torture to animals living with man, and at the same time serve as an instrument to increase public sensitivity toward some behaviors characteristic of a civilized and modern society.

III.
This Act contains five titles. Title I contains a number of general provisions that are aimed at the establishment of basic care they should receive all the animals that live in the human environment.

Title II is intended to regulate pets and is divided into six chapters. The first one, after laying the concept of companion animal, establishes the sanitary and how to proceed in the sacrifice of them. Chapter II refers to the rules concerning the maintenance, treatment and recreation, establishing a special obligations for owners of dogs, such as limitations on driving on public spaces. The identification and registration rules are contained in Chapter III, while in Chapter IV regulates the conditions that the veterinary centers and centers for sale, training and temporary care of pets. Chapter V regulates the conditions for exhibitions and contests, and Chapter VI defines abandoned and lost animals, also regulated the measures to be carried out collection centers.

Title III deals with protection associations and animal rights, enabling the collaboration of regional and local administration with them.

Title IV establishes the intervention measures, inspection, monitoring and cooperation to relevant regional and local administrations.
Finally, Part V classifies violations of the provisions of the Act and corresponding penalties.

TITLE I
General Provisions

Article 1. Purpose and scope.
This Act aims to regulate the conditions of protection and welfare of the animals that live in the possession of human beings, and in particular companion animals in the territory of the Autonomous Community of Andalusia.
For the purposes of this Act are considered pets all those harbored by humans, usually at home, primarily for the company, without the profit motive is the essential element that determines its tenure.
For the purposes of this Act are considered farm animals all those who live without the man, are kept, bred or fattened by it to the production of food or other benefits.

Item 2. Exclusions.
Fall outside the scope of this Act and shall be governed by its own rules:

a) The wildlife and its utilization.
b) Functional testing and training behind closed doors with cattle for bullfights, shows and celebrations duly authorized this type of animal and practical classes with interests held by authorized bullfighting schools.

Item 3. Obligations.

1. The keeper of an animal subject to protection under this Act has the following obligations:

a) maintaining sanitary conditions, making declare any treatment required and supply veterinary assistance you need.
b) Provide adequate housing based on race or species to which it belongs.
c) provide the power needed for normal development.
d) To ensure and protect the animal attacks, dangerous situations, discomfort and inconvenience other people or animals may cause them.
e) To prevent attacks from animal to humans or other animals as well as the production of other damage.
f) Report the loss of the animal.

2. The owner of an animal subject to protection under this Act has the following obligations:

a) Obtaining the necessary authorizations, permits or licenses required in each case, to be in possession of the animal concerned.
b) shall register the animal or census records in each report, as provided in this Act and regulations.
3. Veterinary practitioners in the free exercise of the profession or self employment, have the following obligations:

a) Make a file with the records of the animals subjected to any treatment, specifying mandatory, and that will, at all times available to the competent authority.
b) To inform the competent authority in the matter of facts which would constitute any violation of this Act

4. Professionals dedicated to breeding, training, foster care or grooming of pets they will give to an appropriate treatment ethological characteristics, in addition to complying with the requirements established by regulation for the exercise of their profession. "The veterinary doctors in the private practice of the profession or self employment, have the following obligations: to inform the competent authority in the matter of facts which would constitute any violation of this Act."

Item 4. Prohibitions.

1. Subject to the exceptions provided in this Act, is prohibited:
a) physically abusing or assaulting the animal or subject to any other practice which occasioned them undue suffering or injury.

b) The abandonment of animals.
c) Keep in places or improper installation from the standpoint of health and hygiene or inadequate for the practice of care and attention necessary to require physiological and behavioral needs, by race or species.

d) Practice mutilation for purely aesthetic and uselessly practiced by veterinarians except in case of need.
e) The slaughter of animals without meeting the guarantees provided in this Act or any applicable regulations.
f) Keep permanently tied or chained to the animals, with the specifications and except as stated.
g) Make donation of animals for advertising or as a prize, reward or gift for other acquisitions in nature than their own costly acquisition of animals.
h) used in experimental procedures or allocate to them without compliance with the warranties set forth in the applicable regulations.
i) sold under sixteen years old and disabled without the permission of anyone with parental authority, custody or guardianship of the same, in accordance, where appropriate, with the ruling of disability.
j) To exercise their hawking outside markets or fairs authorized to do so.
k) provide substances that can cause unnecessary suffering or injury, as well as any unauthorized substance, even if it is to increase performance in a competition.
l) artificially manipulate the animals in order to make them attractive for fun or toy for sale.
m) Use live animals as targets in rides and attractions, contests or competitions.
n) To force animals to work in less than six months old, sick, malnourished, fatigued, or perform work on the effort required to exceed its capacity. This applies to females who are pregnant.
o) Use to train animals to other animals in the fight or attack.
o) Use animal exhibitions, circuses, advertising, festivals and other activities, if it poses to the animal suffering, pain or object of unnatural treatments.
p) Keep animals in enclosures and places where they can not be properly controlled and monitored.
q) Keeping animals in places where obvious cause nuisance to neighbors.
r) sold to laboratories or clinics without complying with the safeguards provided in the regulations.
s) To exercise using them begging or to impose the realization of behaviors and attitudes alien and inappropriate for their condition involving abusive treatment.
t) Manage, inoculate or applying pharmacological substances without prescription or direct supervision of a veterinarian. Providing wrong medication, apply it incorrectly, or not evaluate or unwanted side effects which may result in unjustifiable suffering to animals.

2. In particular, it is forbidden:

a) fighting or dog fighting or any other animal and other similar practices.
b) The pigeon shooting competitions, except those duly authorized by the Ministry responsible for sport under the control of the federation concerned.
c) Cockfighting, except those breeding selection for the improvement of the breed and export made in local nurseries and duly authorized by the one and only support of its partners.

Item 5. Welfare in the films.

1. The filming of scenes with animals for movies or television and photo shoots for advertising purposes involving cruelty, abuse, death or suffering of the same, shall in all cases without exception, a sham and must be authorized prior to their conduct, the competent organ of the Regional Administration, which is determined by regulation and may at any time inspect the above activities.

2. In all the film titles should be noted that this is a simulation.

Item 6. Transport of animals.
Subject to compliance with current regulations in the field, the transport of animals must meet the following requirements:

a) In case of travel, the animals must have adequate space in transportation. Likewise, the means of transport and containers must be appropriate to protect animals from weather and inclement weather, these packages must bear an indication of the presence of live animals. If you are aggressive, your move is carried out with sufficient safety measures.
b) During transportation and waiting, the animals must be watered and receive food at appropriate intervals according to their physiological needs.
c) The medium or vehicle carrying animals which have good sanitary conditions, according to the physiological and behavioral needs of the species that are transported must be properly disinfected bugged. These conditions determined by regulation.
d) Loading and unloading is performed by appropriate means in each case, so that animals do not endure discomfort or unjustified damage.

Item 7. Experimental animals.

1. The animals involved in the conduct of experiments shall be subject to the protection and care under current regulations.

2. Any activity experimental animals can cause pain, suffering, injury or death require prior authorization of the Ministry competent in the subject and veterinary supervision.

3. Experiments will be conducted under the direction of the relevant medical staff.

4. Animals, as a result of experimentation, not a normal life can be killed quickly and painlessly.

TITLE II
From pets

CHAPTER I
General rules

Item 8. Sanitary measures.

1. The Departments responsible for animal health or public health may take the following measures:

a) Determine the vaccination or treatment required for pets.
b) Detention or isolation of animals that they had been diagnosed with a communicable disease or curative treatment for their sacrifice, if necessary.

2. The rabies vaccination is mandatory for all dogs and cats. Regulations shall decide the frequency of it.

3. Practicing veterinarians must keep a file with the clinical records of each animal subject to mandatory vaccination or medical treatment, as provided by regulation. This tab will be available to the public administrations and contain at least the following information: species, breed, date of birth, identification number, name, if any, treatments that have been and timing of vaccinations and deworming . Also, the tab will reflect the information needed to identify the owner.

4. Dogs and cats, without prejudice to those animals specified in the regulations, must have a health card issued by a veterinarian.

Item 9. Sacrifice and sterilization.

1. The sacrifice of pets shall be under the control of a veterinary clinic, veterinary clinic or hospital or at home of the holder, painlessly and after anesthesia or lightheadedness, except in cases of force majeure.

2. Regulations shall define the methods of slaughter used.

3. The sterilization of pets shall be under the control of a veterinary clinic, veterinary clinic or hospital, so painless under general anesthesia.

CHAPTER II
Holding, movement and recreation

Article 10. Possession of animals.
Possession of pets in homes or private places is conditioned space, the sanitary conditions for accommodation and ethological needs of each species and race, and what has the law on possession of potentially dangerous animals.

Article 11. Specific conditions for the welfare of dogs.

1. The dwellings of the dogs have to stay most of the day outside be constructed of impervious materials to protect them from inclement weather and will be located so that they are not directly exposed to prolonged sunlight or the rain. The cabin is spacious enough for the animal to fit in it comfortably.

2. When the dogs must remain tied to a fixed point, the length of the tie will be the measure obtained by multiplying by three the length of the animal, between the nose and the beginning of the tail, but in no case be less than three meters.


3. The dogs will have time not less than one hour a day, during which will be free from bondage and outside the living quarters or rooms where they usually remain.

Article 12. Circulation in public spaces.

1. The animals must be able to access roads and public spaces when they are driven by their owners and are not a danger for pedestrians or other animals.

2. All dogs shall be secured by a strap and fitted with the appropriate identification.
The more than 20 kilograms must bear muzzle circular, heavy-duty belt and not extensible and led by seniors, under the conditions prescribed by regulation.
Guide dogs for people with visual dysfunctions are exempt in any position to be taken with muzzle.

3. The person conducting the animal is obliged to collect the stool of the same on the roads and public spaces, except in areas approved for that purpose by the municipality concerned.

Article 13. Access to public transport.

1. Owners of pets they could have access to public transport when there are specially equipped spaces for them and prove that the animal meets the sanitary conditions and meets the security measures specified in the regulations.

2. However, the municipal authority concerned may have time restrictions and regular access for pets to public transport, without prejudice to the provisions in current regulations on the use of guide dogs in Andalusia by people with visual dysfunctions.

3. Taxi drivers discretion may accept pets bring to the conditions set out in paragraph 1 of this article and to apply the supplements that are authorized by regulation, subject to the carriage of guide dogs for people with visual impairment in the terms established in the regulations referred to above.


Article 14. Access to public facilities.

1. Companion animals may have limited access to hotels, restaurants, bars, taverns and other public facilities in those who consumed drinks and food when the owner of the establishment to determine the specific conditions of admission, prior administrative approval by the competent authority. In this case, must show a badge that tells you, visible from outside the establishment.

2. Premises for the manufacture, sale, storage, transport or handling of foods, public entertainment, sports facilities and other establishments or similar places prohibited the entry of animals.

3. You can not limit access to the locations referred to in the preceding paragraphs to supply dogs for visual dysfunctions of holders, under the terms established in current regulations on the use of guide dogs for people with visual dysfunctions.

Article 15. Recreation areas.
Public administrations should enable the public gardens and parks clearly marked spaces suitable for both leisure walk to the animals. Also take care that the above spaces are kept in perfect safety and sanitary.

Article 16. Collection and disposal.
The municipalities are responsible for the collection and disposal of dead animals in their respective municipalities and he may require, if any, economic benefits that may be applicable.

CHAPTER III
Identification and Records

Article 17. Identification.

1. Dogs and cats and other animals that are determined, must be individually identified by standard identification system, implanted by a veterinarian, within three months from birth.

2. The identification is reflected in all documents and files that recorded the animal and will be a prerequisite for the registration thereof.

Article 18. Municipal Register of Companion Animals.
Owners of dogs and cats and other animals specified in the regulations, shall be entered in the Register of Companion Animals Municipal Hall where the animal usually living in the maximum period of three months from the date of birth or one month of its acquisition or change of residence. They should also request the cancellation of the entries made within one month from the date of death, loss or transmission.

Article 19. Central Register of Companion Animals.

1. It creates the Central Register of Companion Animals, under the Ministry of the Interior, which shall consist of all the inscriptions of the municipal registries. The organization and operation of the Register shall be determined by regulation.

2. The municipalities must communicate regularly, and in any case at least twice a year, the ups and downs that occur in the Municipal Register, as well as changes in census data.

3. The Administration of the Junta de Andalucía and the municipalities within the scope of its powers, without prejudice to his responsibility for pet census, may agree with the official schools of veterinary agreements for the creation and maintenance of the censuses and .

CHAPTER IV
Veterinary centers and centers for sale, training and temporary care of pets

Article 20. Definition.

1. Shall be considered veterinary centers and centers for sale, training and care of companion animals shelters, veterinary clinics and hospitals, homes, farms, training centers, outlets, shelters for stray animals and lost, institutions for the practice of riding, spas and any other similar functions meet.

2. It creates the Municipal Register of Veterinary and shopping centers for sale, training and care of pets, which shall be written in the center as defined above.

3. These centers must meet the following requirements:

a) Be enrolled in the Municipal Register of Veterinary and shopping centers for sale, training and care of pets.
b) Have the municipal license for the development of the activity.
c) Keep a log book available to the competent authorities, under the conditions specified in the regulations.
d) Have good sanitary conditions and adequate local physiological and behavioral needs of animals that harbor.
e) Be in a defined program of hygiene and prophylaxis of animals housed, endorsed by a veterinarian.
f) Provide sufficient and healthy food, water, and have trained personnel for care.
g) Provide adequate facilities to prevent infection in cases of illness among resident animals and the environment, or to save, where applicable, quarantine period.
h) Have sufficient and appropriate veterinary services for each facility.
i) Place in a conspicuous place at the main entrance a plaque with the registration number of centers for temporary care and maintenance of pets.
j) Other requirements of the sectoral rules that apply to you.

Article 21. Stores.

1. Establishments engaged in the sale of animals for the company this activity may simultaneously with the sale of foods or supplements for the holding, movement, training or grooming.

2. These facilities shall, without prejudice to other provisions that are applicable, the following measures:
a) The display windows where animals are not subject to the direct action of sunlight and shall maintain the temperature and conditions that best suit the nature of the animal, in any case must safeguard the security and rest of the animal.
b) In the habitats in which they are exposed to dogs and cats and other animals that is established by regulation, place a tab that will contain the date of birth, vaccinations and deworming to which they were subjected.


3. Mammals can not be sold as pets until forty days after the date of birth and must show all the characteristics of the animals healthy and well nourished.

4. The seller will give the buyer at the time of delivery of the animal, a document signed by him in specifying, under its responsibility, the following:
a) Species, breed, variety, age, sex and body signals important.
b) Supporting documentation, issued by a veterinarian, should give the animal vaccinated against diseases. In the case of dogs and cats, must have been dewormed and inoculated vaccines in the terms established by regulation.
c) Document entry in the studbook of the breed, if it had been agreed.

Article 22. Residences.

1. The pet homes, training centers and other facilities of the same class will have veterinary staff to monitor the physical condition of residents and the animals are treated. At the time of admission, the animal is placed in an isolation facility and adequate and shall be kept there until the center veterinarian rule on their health status, which should be reflected in the record book of the center.

2. It will be the veterinary staff of the center monitor the animals to adapt to the new situation, they receive adequate food and as there are no circumstances that can cause harm, the owner of the school proposing appropriate measures to adopt in each case.

3. If a sick animal, the center shall immediately inform the owner, who may give authorization for veterinary treatment or pick it up, except in cases of infectious diseases, in which the sanitary measures adopted.

4. The veterinary staff of the center take the necessary measures to prevent contagion among resident animals and the environment, and inform the veterinary services of the Administration of the Andalusian diseases that are notifiable.


5. The owners or keepers of pets must certify at the time of admission, the application of mandatory treatment established by the competent authorities.

Article 23. Beauty salons.
Centers for the aesthetics of pets, in addition to the guidelines set forth in this Act, must have:

a) Hot water.
b) drying devices the gadgets needed to prevent the production of burns in animals.
c) Work tables with safety systems that can prevent the strangulation of the animals in case they try to jump down.
d) Programs for disinfection and fumigation of the premises.

Article 24. Training centers.
Training centers in addition to fulfilling the conditions laid down in Articles 20 and 22 of this Law, based their work on the use of methods based on knowledge of the psychology of animal abuse not involving physical or psychological harm, to such purposes must have personnel certified to practice. The conditions for accreditation established by regulation.

Also, keep a log book which will include the identification data of the animals and their owners as well as the type of training for each animal.

CHAPTER V
Exhibitions and competitions

Article 25. Requirements.

1. The premises intended for exhibition or competition of different pet breeds must meet the following requirements:

a) Have a space for veterinary care physician who could be cared for those animals that require assistance.
b) Have a basic kit with regulatory pharmaceutical equipment and material necessary to stabilize and transport the animal to a veterinarian right center as required.

2. The organizers of competitions and exhibitions will be required to disinfection and decontamination of the premises or places where they are held.

3. It will be mandatory for all animals participating in contests or exhibitions presentation, prior to enrollment, relevant health card in accordance with current legislation.

4. In the exhibitions of dog breeds, will be excluded from participation those animals showing aggressive or dangerous.

Article 26. Promotion of indigenous breeds of Andalusia.
The Andalusian up an inventory of Andalusian breeds of pets and promote measures for their promotion, recognition by the international organizations related to them and contribute to maintaining biodiversity.

CHAPTER VI
Abandoned and lost animals. Shelters and assigning them
Article 27. Abandoned and lost animals.

1. Animal is considered abandoned, for the purposes of this Act, who does not carry an accreditation that identifies or is accompanied by any person, without prejudice to existing legislation on potentially dangerous animals.

2. Lost animal shall be deemed for the purposes of this Act, a person who even carrying identification, circulate freely without any accompanying person. In this case, it shall notify the owner and it has a period of five days to recover, previously paying the expenses originated attention and maintenance. After this period expires without the owner would have proceeded to remove the animal shall be deemed abandoned. This does not relieve the owner of the responsibility that have been incurred by the abandonment of the animal.

3. Corresponds to the municipalities the collection and transportation of stray animals and lost and must take care of them for a minimum period of 10 days until they are transferred or, ultimately, killed.

4. The animal sacrifice may not be identified without knowledge of the owner. "Abandoned animal shall be deemed for the purposes of this Act, who does not carry an accreditation that identifies or is accompanied by anyone"


"The abandonment of animals is a very serious offense, which can be punished with up to 30,000 euros fine"


Article 28. Shelters lost and abandoned animals and collection and transport service.

1. Establishments refuge for abandoned and lost animals must meet the requirements of Article 20.3 of this Act

2. The service of collection and transport of animals will be performed by trained personnel so as not to cause harm, suffering or distress to the animals and must meet the proper conveyance sanitary conditions.

3. The number of places for abandoned animals that must have local councils regulations will be determined based on the number of inhabitants and the data collected in the Municipal Register of Companion Animals in the locality.

4. In any case, animals that are injured or symptoms of disease are necessary veterinary attentions paid.

5. The pet owners can deliver, without charge, at the service of placement of abandoned animals in their municipality to be appropriate to supply to third parties and, ultimately, to slaughter.

Article 29. Assignment of animals abandoned and lost.

1. Animal shelters abandoned and lost, after the legal deadline for recall may assign, once sterilized, after evaluation of the petitioners.

2. The animals should be dewormed properly delivered externally and internally, vaccinated and identified, in case they were not.

3. The transferee will be responsible for paying the costs of vaccination, identification and sterilization, if necessary.

4. The transfer of animals, in no event may the people who have been punished by a final decision by the commission of serious or very serious down-regulated in this Law

5. Stray animals shall not be disposed to be destined for experimentation.

TITLE III
Associations for the protection and animal rights

Article 30. Concept.
In accordance with this Act are associations for the protection and animal rights associations, non-profit, legally incorporated, whose main purpose is to defend and protect animals.
Article 31. Functions.

1. Protection associations and animal welfare may call upon the competent Ministry and the municipalities to conduct inspections in specific cases in which there are indications of irregularities in accordance with this Law

2. The associations for the protection and animal rights shall assist the law enforcement officers in the efforts that are related to compliance with this Act

3. The Administration of the Junta de Andalucía and the municipalities, within their competence, may enter into with associations of protection and defense of animals performing activities aimed at achieving these goals.

4. The competent authority shall establish agreements and grants to associations for the protection and animal rights groups who have obtained the title of collaborating entities, in relation to animal welfare activities, awareness campaigns and programs, pet adoption, including others, that they develop. "Partnerships for protection and defense of animals may urge the competent Ministry and the municipalities to conduct inspections in specific cases in which there are indications of irregularities in accordance with this Act."


TITLE IV
Intervention, inspection, surveillance and administrative cooperation

Article 32. Monitoring and inspection.
Corresponds to the municipalities comply with the following functions:

a) Prepare and maintain the records referred to in this Act
b) To collect, donate or sacrifice the animals abandoned, lost or given by the owner.
c) is home to these animals during the time periods specified in this Act
d) Inspect veterinary centers and centers for sale, training and temporary care of pets covered by section 20.1 of this Act
e) Enable locations or systems for disposal of carcasses.
f) And all those others that may be conferred in this Act

Article 33. Temporary hold.

1. The Councils, through its law enforcement officers may temporarily hold on a precautionary basis, the pet if there are indications of abuse or torture, showed symptoms of physical exhaustion or malnutrition or inadequate facilities to meet you in the resolution of for disciplinary proceedings.

2. Similarly, the Council may order the temporary detention or isolation of those animals which have attacked people or animals causing injury, for observation, control and adoption of health measures.

Article 34. Administrative cooperation.
All public administrations in the territory of the Autonomous Community of Andalusia, will cooperate in the development of protection measures and protection of animals and in the complaint before the competent bodies, any action contrary to the provisions of this Law

TITLE V
Offences and penalties

Article 35. Infractions.
Administrative violations shall be considered the acts or omissions established in this Law The development regulations will introduce specifications of those offenses under the terms provided in Article 129.3 of Law 30/1992 of November 26 (RCL 1992, 2512 , 2775 and RCL 1993, 246), Legal Regime of Public Administrations and Common Administrative Procedure

Article 36. Responsibility.

1. Be responsible for the offenses in this Act persons or entities that undertake the actions and omissions established as an infringement on the same, without prejudice to the responsibilities that may be appropriate in civil or criminal liability.

2. Where compliance with the obligations under this Act applicable to several persons jointly, jointly and severally liable for infringements, if any, are committed and the penalties imposed. They will also be vicariously liable for the penalties imposed on legal persons who have ceased their activities who occupy managerial positions at the time the offense was committed.

Article 37. Classification of offenses.
Violations are classified as very serious, serious and minor.

Article 38. Very serious offenses.
They are very serious infringements:

a) The mistreatment of animals that cause disability or death.
b) The abandonment of animals.
c) Practice mutilation for purely aesthetic and uselessly practiced by veterinarians except in case of need.

d) Placing food poisoning in spaces and public places, except those employed by companies authorized to pest control.
e) The use of animals at parties or events in which they may be subject to damage, suffering, unnatural treatment, maltreatment or in which they may offend the sensibilities of the viewer.
f) The supply of animals for food and medicinal products containing substances that may cause them unnecessary suffering or injury.
g) The organization and fights between animals.
h) The transfer under any title of premises, land or facilities for holding and fights between animals.
i) The use of animals by their owners or holders to participate in fights.
j) Filming scenes with animals involving cruelty or suffering abuse, when the damages are not simulated.
k) The use in experimental procedures to animals of species not included in the applicable regulations.
l) Conducting unauthorized testing procedures.
m) The use of animals for experimental procedures in non-official status.
n) used in experimental procedures or allocate to them without compliance with the warranties set forth in the applicable regulations.
o) Make the sacrifice of an animal without following the specifications of this Act and applicable regulations.
o) The use of live animals for training others.
p) The commission of an offense more serious nature within three years, when so declared by final decision.
Article 39. Serious offenses.

Serious infractions are:

a) The mistreatment of animals that cause pain or suffering or non-disabling injuries.
b) Failure to perform mandatory vaccinations and treatments under applicable law.
c) Do not keep animals in good sanitary conditions or the conditions set by applicable law.
d) No animals provide necessary veterinary care.
e) Impose a job that exceeds the capacity of an animal or animals forced to work sick, tired or are in some cases provided for in Article 4.1.n) of this Act
f) Sale or donation of animals for experimentation without appropriate authorization.
g) Filming scenes that simulate animal cruelty, abuse and suffering without administrative authorization.
h) The use of animals in exhibits that will cause suffering or pain.
i) The raising or marketing of animals without meeting the requirements.
j) Assistance to animal fights.
k) The sale or donation of animals under 16 or disabled without the permission of anyone with parental rights, guardianship or custody.
l) Failure to provide food for animals suited to their needs.
m) Offering animals as prizes in contests or reward or for advertising purposes.
n) out of vending facilities authorized fairs or markets.
ñ) To prevent personnel authorized by the competent authorities access to the premises of the establishments covered by this Act and not to provide information and documentation that are required in the exercise of control functions.
o) The failure by veterinary centers and centers for sale, training and temporary care of pets, the requirements and conditions set forth in this Act or its implementing rules.
p) The sale of mammals as pets less than forty days.
q) The sale of sick animals when it is satisfied.
r) The movement of animals without meeting the legal requirements.
s) The refusal or obstruction to provide data or provide the information required by the competent authorities or their agents, in order to fulfill functions under this Act, and the provision of inaccurate or false documentation.
t) The possession of unregistered animals or identified as provided in this Act
u) The commission of an offense more than mild in nature within three years, when so declared by final decision. "It's a serious infringement will not provide the necessary veterinary care animals."


Article 40. Minor offenses.
Minor infractions are:

a) The lack or possession of the file incomplete medical records of animals subject to compulsory treatment.
b) The failure to obtain authorizations, permits or licenses required in each case, to be in possession of the animal concerned.
c) The artificial manipulation of animals to make them attractive for fun or toy for sale.
d) Failure to notify the competent organ of the Administration of the Government of Andalusia in the use of experimental animals.
e) The disturbance by animals of the peace and quiet of neighbors.
f) The failure to collect the droppings immediately evacuated by the pet on public roads.
g) Any other action that contradicts the obligations or violates the prohibitions of this Act and not classified as serious or very serious.

Article 41. Sanctions.

1. The offenses set forth in the preceding article shall be punished with fines:

a) 75 to 500 euros for the minor.
b) 501 to 2,000 euros for the serious.
c) from 2001 to 30,000 euros for very serious.

In accordance with the provisions of Article 131.2 of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure, imposing the fine may be increased by the amount of benefit obtained by performing of conduct constituting a violation.

2. In the resolution of disciplinary proceedings, in addition to the fines referred to in the first paragraph, the competent authorities may impose the following sanctions accessory:

a) Temporary closure of the premises, facilities or facilities for a maximum period of one year for serious violations and two years for very serious.
b) a temporary ban for the exercise of commercial activities covered by this Act, for a maximum period of one year for serious offenses and two for severe.
c) Confiscation of animals for serious or very serious.
d) Prohibition of the keeping of animals for a maximum period of two years to four for serious and very serious.

Article 42. Graduation of sanctions.
The graduation of the penalties provided by law shall comply with the following criteria:

a) The social or health significance and the harm caused by the infringement.
b) The profit motive and the amount of economic benefit in the commission of the offense.
c) The importance of damage to the animal.
d) The repetition in the commission of offenses.
e) Any other information which might affect the degree of blameworthiness of the offense, mitigating or aggravating sense. To this effect it will have a special significance in the presence of violence or mentally handicapped children.

Article 43. Provisional measures.

1. Infringement procedure, the administrative authority instructor may, after motivation, the following provisional measures in cases of alleged commission of serious or very serious under this Act:
a) The preventive withdrawal of animals and keeping them in the centers for the collection of animals.
b) The temporary suspension of permits.
c) The preventive closure of the premises, facilities or establishments.

2. Interim measures will be maintained while the reasons for persisting its adoption.

Article 44. Sanctioning procedures and powers.

1. To impose penalties for offenses under this Act, shall apply the procedure established by regulation.

2. Be competent to impose the penalties provided in this Act:

a) The Ministry of Agriculture and Fisheries, for all cases of violations affecting farm animals and experimentation.
b) The Ministry of Interior, for the very serious sanctions and serious threat to pets.
c) The councils shall be competent to impose minor sanctions that affect pets.

3. In any case, outlined bodies shall inform the other relevant public authorities which have competence in the subject matter of this Act have been few sanctions imposed in the exercise of their functions.

Additional provision one. Information campaigns
The Government of Andalusia promulgate information campaigns on the content of this law among schoolchildren and the general public in order to increase the sensitivity and respect for animals.

Additional provision two. Advisory Bodies
The Government of Andalusia have appropriate measures for the creation of a specific body of advice, consultation and study to better compliance with the provisions in the
this Act

Additional provision three. Update sanctions
It empowers the Governing Council for the update every three years the amount of penalties under the Consumer Price Index.
First transitory provision. Veterinary centers and centers for sale, training and temporary care of pets
Veterinary centers and centers for sale, training and temporary care of pets must conform to the requirements of this Act within one year from the entry into force.

Second transitional provision. Owners and holders

Is established within six months from the entry into force of the law for owners and pet owners adapt their current situation to the provisions thereof. However, with regard to the provisions of Article 17.1, the period shall be one year from the pet born before the entry into force of the Law

Third transitional provision. Administrative Structures
Within six months after the entry into force of this Act, the Governing Council will adapt the administrative structure necessary to comply with the provisions of this Act

Repeal only. Repeal regulations

Are hereby repealed all provisions of equal or lower rank that contradict or conflict with the provisions of this Act

Final provision one. Policy development

Within one year after the entry into force of this Act, the Governing Council shall regulate the matters to be developed, accurate to the full realization of this Act

Final provision two. Entry into force

This Act shall take effect the day following its publication in the "Official Gazette of the Andalusian."

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F YOU FIND A DOG: If you find a dog do not automatically phone or take it to a dog centre or charity. Most are usually full to capacity and the dog might have an owner? “This is how you can personally help the animal” 1. Check if it belongs to any of your neighbours.   2. Take it to your local vet and they will check to see if the dog is Micro chipped. If it is then they will contact the owner. 3. Go to your local Police Station, Dog pound or Vet and ask if Anyone has lost the dog. Owners usually go there when they loose a dog. 4. Take a look in the lost pages of Animal Charities and the free papers. 5. If you can keep the dog for a few days, then put a poster in the Veterinaries, Police Station, Shops and also send A photo and details to animal charities... 6. If you cannot keep the dog at all then contact your local Animal Centre/Charity to see whether the dog can be taken in or if they could suggest as to where the dog could be placed.

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FIFTEEN THOUSAND DOGS ABANDONED IN ANDALUCÍA 

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