The Ombudsman’s Office has called on the Ministry of Agriculture (ZM) to find a solution by the 1st of November to address disturbances caused by barking, howling, and unpleasant smells from pets, the office reports.
It notes that for a year now, pet owners have not faced administrative liability for barking, howling, or odours from their pets that are not related to violations of animal welfare requirements but are disturbing to other people. At the same time, no alternative effective mechanism has been introduced to address such disturbances.
The office also points out that the Animal Protection Law requires pet owners to ensure that their animals do not disturb or endanger people or other animals. Violations of this law must be met with the legal liability set out in legislation.
During the Ombudsman’s investigation, it was revealed that currently, pet owners are administratively liable only for breaches of animal welfare requirements. However, since the 1st of July 2024, there has been no administrative liability for barking, howling, or odours caused by pets if they are not linked to welfare violations, nor is there any other legal mechanism to effectively and proportionately protect residents’ constitutional right to live in a favourable environment.
Today,
the only legal consequence for failing to fulfil pet ownership duties is the confiscation of the animal.
However, this is not always proportionate, as confiscation should be considered a last resort, not an effective penalty for every instance of pet-related disturbance unrelated to welfare violations, the Ombudsman’s Office stresses.
The investigation also highlighted another issue – there is no legal framework setting specific requirements for the registration and operation of pet breeding facilities in the context of neighbouring residents’ rights to a favourable environment.
In its opinion, the Ombudsman’s Office called on the Ministry of Agriculture to develop regulations providing a specific legal mechanism to protect residents’ rights to a favourable environment in cases where a pet owner or keeper fails to ensure that their animal does not disturb other people and/or animals, when the disturbance is not linked to animal welfare violations.
The Ministry must also assess whether the legal framework for the establishment and operation of pet breeding facilities is sufficient and compliant with the Animal Protection Law.
The Ombudsman’s Office urges the Ministry to implement these recommendations by the 1st of November.
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