Creation of the Municipal Ombudsman of Animals
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Addressed to: Municipal Assembly of Setúbal and 1 more
Under the provisions of Article 52, paragraph 1 of the Constitution of Portugal and Articles 1 and following. of Law nº 43/90, of August 10, modified by Law 6/93, of March 1, by Law 15/2003, of June 4 and by Law 45/2007, of August 24, and Article 51. of the Regulations of the Municipal Assembly of Setúbal, which enshrine the Exercise of the Right of Petition, request from you the appreciation of the present public petition for the creation of the Ombudsman for Animals;
Considering that,
1) In the city of Setúbal there is a considerable number of companion animals to which the colonies and herds of stray animals are added.
2) It is felt through the contacts with the population the need to develop municipal policies for the improvement of the welfare of the animals and who assumes the responsibility of taking care of them, as well as compliance with the legislation and municipal regulations, in particular in public hygiene, in the behavior of people in front of animals and in the verification of the responsibility in matters of control and legal action.
3) It is in this context that there is an urgent need to create a figure that guarantees the effective representation of animals and still establish the connection between municipalities and local associations with autarky, to form synergies that develop and increase relations between municipalities, animals and the municipality.
4) Taking into account the existing legislative framework in Portugal, it seems that the figure of the Ombudsman seems preferable for the impartial protection of the community, at the same time as it is the most appropriate to receive criticism, suggestions, complaints and specific requests for information regarding to the good - animal.
5) This position requires a unipersonal, autonomous, impartial and devoid of unlawful powers in their decisions, played by one or a citizen, to appoint, that has a spirit of mission, knowledge of cause and recognized performance in the defense and protection of the animals and whose mission is the defense and prosecution of the rights and interests of animals in the municipality, through the identification of problems, suggestions of municipal policies to adopt, receiving and treating complaints received about animals in the municipality and establishing communication between the municipality, municipalities, associations and official entities with responsibilities for action.
6) The figure of the Ombudsman of the animals, as an autonomous, impartial and independent entity, finds a legal framework for its creation in arts. 33, section 1, sections ii) and jj), as well as 3, al. d) and 4 of Law nº 75/2013, of September 12.
Thus, the petitioners ask the Municipal Assembly and the Town Council of Setúbal to deliberate in the sense of:
1. Create the figure of the Ombudsman of the animals of Setúbal with the characteristics described above;
2. Develop and approve a regulation of the Ombudsman for the animals of Setúbal.
In the certainty that the approval of these proposals will contribute to create a figure that guarantees the effective representation of animals and establish the connection between municipalities and local associations with the autarky to form synergies that develop and increase the relations between municipalities and animal associations, we present our best regards.
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