Government Responsibility for Domestic Animal Control

In 2022, after a decade of receiving multiple complaints from Puerto Rican citizens about animal cruelty and neglect, the municipality of Ponce canceled its agreement with government contractor Animal Rescue and Protection Services (“ARPS”). ARPS operated the animal shelter in Calle Baramaya, in the municipality of Ponce. A 2021 audit by the mayor’s office showed ARPS engaged in negligent animal care and questionable euthanasia practices in its contract for domestic animal control.

Since the cancellation of the contract, the municipality claims it must start from zero. ARPS left the area without medical records, animals with distemper, and no means of follow-up or plan for the continuation of services. ARPS tells their side of the story about their work, decision-making, and the help they received from the municipality to complete their side of the contract. Today, the future of the shelter is still in question. Meanwhile, the number of stray animals continues to rise. The same abuse and neglect that was taking place inside the shelter continues to take place on the streets.

What legal responsibilities does the municipal and state government have towards domesticated animals? Is the government required to ensure the safety of stray domestic animals, find guardians for these animals, reduce the homeless population, and help organize animal welfare efforts and education?

Legislation on Domestic Animal Control

Puerto Rico has legislation that positively affects the lives of domestic companion animals. For example, Puerto Rico’s Civil Code categorizes domestic animals that live as human companions as sentient. It also provides for their consideration and well-being in the case of a family legal seperation.

There also exist various laws and regulations on the government’s responsibility towards stray domestic animals. Discussed below are (1) Act No. 26 of May 30, 1984, the Law of the State Office of Animal Control (“OECA”) ascribed to the Department of Health; (2) Regulation 137 on Funds from the State Office of Animal Control; (3) Act No. 154, Puerto Rico’s Animal Welfare and Protection Law; and (4) Resolution 270 of November 15, 2021, to require the Comision for Natural Resources, Environmental Concerns and Recycling of the House of Representatives to investigate OECA and operating regional animal control centers.

Act No. 26 for Domestic Animal Control

Puerto Rico enacted Act No. 26 of 1984 to control domestic animal overpopulation. The act recognizes the injustice inherent in domestic animal overpopulation and homelessness. The act seeks to create programs, government resources, and centers for animal care, adoption, sterilization, and education. Among its requirements, the government must establish and maintain animal control and adoption centers, and municipalities must keep registries of animals.

In 2000, the act was amended to create the State Animal Control Office (“OECA”) under the Department of Health. OECA is responsible for implementing Act No. 36 and centralizing animal control efforts across regions and municipalities. OECA must establish animal control protocols and regulations, and municipalities must follow these protocols. An animal control center will be located in Puerto Rico’s eight (8) regions. These are funded with state, federal, or private funds.

Each municipality serviced by one of these centers must also contribute financially to the operation of the animal control center. The area’s population and the number of animals serviced determine the contribution amount. OECA can contract private individuals to operate the centers, acquire needed space and resources, and collaborate in animal identification systems.

Animal Welfare and Protection Act

Act 154, Puerto Rico’s Animal Welfare and Protection Law reiterates municipalities’ responsibilities towards stray domestic animals, including taking them off the street, ensuring proper care, and attending to cases of neglect and abuse of strays. Municipalities must attend to emergencies involving strays and are obligated to develop emergency plans and plans for animal control and protection.

Regulation 137 on Funds from the State Office of Animal Control

In September 2009, the Department of Health enacted Regulation 137. This Regulation outlines the requirements and the processes that municipalities and private entities must follow when submitting requests for funding and contracting from OECA. These requests would be for the rescue, trapping, control, and adoption of stray animals and the development of animal shelters and educational programs. The Regulation requires that entities awarded funding and contracts submit reports on their activities and expenses each trimester and comply with a Code of Ethics applicable to government contractors.

Resolution 270 to investigate OECA and Animal Control Centers

In 2021, Puerto Rico’s House of Representatives passed Resolution 270 of November 15, 2021, requiring the Commission for Natural Resources, Environmental Concerns, and Recycling of the House of Representatives to investigate OECA and the operating animal control centers. The Resolution cites faults in the operations of the centers and their adoption initiatives. The Resolution notes that the faults are “particularly concerning considering that the picking up and keeping of animals has become a lucrative activity for which municipalities pay thousands of dollars to private companies contracted for this work. To the extent that State and municipal responsibilities are privatized, greater supervision and transparency should be required.”

Conclusion

Multiple statutes detail municipal and state governments’ responsibilities towards stray domestic animals. Questions remain concerning how the government funds animal control, whether the funding allocated is sufficient to address the issue, whether funds are responsibly distributed, and how the public can help animals get the protection they are legally entitled to. More investigations like those required by Resolution 270 would help address these questions if the results are shared with the public.