Restrictive measures of the Animal Welfare Law to avoid abuse

By Francisca Peralta, practicing lawyer at ICA Jaén, and head of the Delegate Commission of the Animal Law Governing Board.

The Law on the Protection of Animal Rights and Welfare. (Law 7/2023, of March 28), With entry into force on September 29, 2023, it determines and regulates a series of prohibitions for the protection of animals, some of which may be more than obvious, thanking for their legal regulation. (Ex: Mistreat or physically attack them, as well as subject them to negligent treatment or any practice that may cause them suffering, physical damage or psychological or cause death. It is Art. 25.a), among others). These prohibitions reflect what society in general accepts as an obvious restriction to avoid any situation of animal abuse.

However, other prohibitions or restrictions that have traditionally been socially accepted are regulated in said regulations, and in articles similar to said “natural” restrictions, already having “customary” use by the owners and caretakers of pets.

One of these prohibitions has to do with leaving the dog, or any other pet, tied at the door of an establishment, like a supermarket, while the owner comes in to do the shopping. With the entry into force of the new regulations, this becomes prohibited, as specified in section D of article 27, which expressly prohibits keeping animals «tied up or wandering through public spaces without in-person supervision by the person responsible for their care and behavior». And, accordingly, Art. 24.2 imposes general obligations with respect to pet and wild animals in captivity.: Exercise adequate surveillance over the animals and prevent their escape and keep the animal permanently located and identified in accordance with current regulations.

If you fail to comply with this rule (as well as any other prohibition regulated in the new legislation), the situation will lead to a series of sanctions that are included in the new legal framework. Depending on the degree of the infraction committed, the sanction will be greater or lesser in amount. In the case of leaving the dog tied at the door of an establishment, the legal classification establishes the possibility of imposing fines of between 500 and 10.000 euros. And, as indicated in Chapter VI 'Collaboration between public administrations' of the new law, in its article 20, both the Nature Protection Service (Seprona) of the Civil Guard, as well as the competent bodies of the National Police Corps, regional and local Police Corps, as well as forestry agents, They will be responsible for carrying out actions related to control, inspection and other measures related to the Animal Welfare Law.

In fact, it was in the news in various media, 24 hours after the entry into force of said regulations,   the first complaint for violating the article of the new law that prohibits leaving pets tied in public spaces "without in-person supervision by the person responsible for their care and behavior", in the case of a young woman who left the animal tied in the door of a pharmacy establishment to his dog, for a few minutes, while purchasing a product, by virtue of said precept, which prohibits leaving Pets in public spaces “without in-person supervision of the person responsible for their care and behavior.” Since then, the particular thing is that this list is quite long and includes supermarkets, pharmacies, bakeries, clothing stores and many other establishments. And, if this prohibition is not complied with, the owners face a fine, and it is also news that The fines for leaving the dog on the street pile up after the Animal Welfare Law. And that confuses the owners

The law prohibits keeping animals tied or roaming through spaces. public without supervision.

But the reality of this prohibition (still “accepted” or “normalized” by pet owners) is to try to overcome this “custom”, and prevent  leaving the animal without supervision as a fundamental axis of the ruleavoiding so  possible damage to the animal, as well as the animal causing it, or fleeing from a stressful situation, and even the theft of the animal. This is how the interpretation of the legislator can be understood, so that whenever visual control of the animal can be had, the standard must be considered fulfilled. Considering (in contrast to the opponents of said regulations) that said measure (along with other more serious behaviors included in the regulation) seeks the protection of animals and acabar with the practice of leaving them 'parked' at the doors of businesses, motivated by the safety of the animal”