ORDINANCE THAT REGULATES THE PROTECTION, TENURE, CONTROL, MARKETING AND

CARE OF COMPANY ANIMALS.

THE M. YO. CANTONAL COUNCIL OF GUAYAQUIL

Considering:

That, in accordance with the provisions of Art. 164 letter i) of the Organic Law of Municipal
Regime, it is the municipal responsibility to determine the conditions in which domestic animals
must be kept and prevent their wandering in the streets and other public places;

That, Art. 99 of the Ordinance on the use of public spaces and roads, establishes certain rules for
the control of dogs and cats that are abandoned on public roads, but not provisions that govern
the maintenance, care and control of animals by their owners and /or holders and the implication
that this entails with respect to third parties, as well as goods for public use, the latter understood
as streets, squares, parks and other public spaces that serve for recreation and leisure;

That, the Ministry of Public Health issued the Regulations on the ownership of dogs and cats in the
country, published in the R. EITHER. No. 203 dated November 4, 2003, regulations that in its Art.
23 empowers autonomous sectional entities to issue ordinances aimed at regulating the
possession of dogs and cats, among other domestic animals;

That is the duty of the Municipality in accordance with the provisions of Art. 167 literal b) ensure
that the provisions on hygiene, health, use of roads and public places, among others, are met and
enforced;

That, given the large number of domestic animals that wander on public roads or that travel
without the respective security and control by their owners and/or holders, with the consequent
potential harm to the community and spaces for public use, it is necessary to issue the regulations.
that entail carrying out adequate control by the Municipality regarding domestic animals,
establishing the pertinent responsibilities and thus ensuring safety, health and hygiene in the
canton, also considering that in recent times there has been an increase in breeding and
possession of dogs that, due to their inadequate training, can be considered dangerous to humans;

What, the M. YO. Municipality of Guayaquil, through official letter No. AG-2004-36255 of
September 28, 2004, requested the College of Zootechnical Veterinary Doctors of Guayas,
information regarding the breeds of dogs that by their nature are considered dangerous and of
possible risk to people, said collegiate body through official letter No. 092- CMVZG of September
30, 2004, through its President and Secretary communicate their opinion regarding the
dangerousness of certain breeds, concluding in the sense that we could say that the majority of
dog breeds have the same behavioral behavior. according to the habitat in which it is treated; and,

In use of the powers and powers conferred by Art. 64 numeral 49 and in Art. 126 of the Organic
Law of Municipal Regime and in accordance with Art. 228 of the Political Constitution of the
Republic of Ecuador,

Issues:
The "ORDINANCE THAT REGULATES THE PROTECTION, OWNING, CONTROL, MARKETING AND
CARE OF COMPANY ANIMALS, AS WELL AS THOSE USED IN PUBLIC SHOWS, WITHIN THE CANTON
GUAYAQUIL."

TITLE I: GENERAL PROVISIONS CHAPTER I: SCOPE OF APPLICATION

Art. 1. This ordinance regulates the protection, possession, control, marketing and care of
companion animals, within the Guayaquil canton; as well as the rights and obligations of its owners
and the responsibility of this Municipality to ensure the satisfaction and safety of its citizens.

Art. 2.- Domestic or companion animals are understood to be those that have been traditionally
raised by man, that are accustomed to their environment, and therefore, depend on it to survive;
that is, the dogs and cats kept by man in his home.

Art. 3: The protection and care of these animals will be exercised through a set of measures that
include correct management and protection of them; animals in this cantonal jurisdiction.

28 -- Official Registry N°494 -- Friday, December 31, 2004

For these purposes, the Municipal Health and Hygiene Directorate and the Justice and Surveillance
Directorate may carry out their tasks with the support of non-governmental organizations related
to the role of this ordinance for its execution in the canton, and mainly with the Provincial Public
Health Directorate, Department deZoonosis, for which you may request the support of the
National Police, Armed Forces, the Guayas Transit Commission and the B. Guayaquil Fire
Department, among other public service entities.

Art. 4: Potentially dangerous pets are understood to be those that are trained and induced by their
owners or managers to have the capacity to cause injury or death to people or other animals.

CHAPTERII: OBJECTIVES OF THE ORDINANCEArt. 5.- The objectives of the ordinance are:

Promote the protection of pets and create awareness and responsibility in their owners and
citizens in general through public education campaigns; For this purpose, non-profit organizations
will be sought to collaborate with the Municipality, through the Municipal Health and Hygiene
Directorate;

Encourage and promote the participation of all members of society in the adoption of measures
aimed at protecting pets, as well as eradicating and punishing abuse and acts of cruelty against
them;

Prevent attacks by large, strong or dangerous breeds of animals against people and other animals;
and,

Exercise control over the population increase in domestic animals, especially dogs and cats; To this
end, the Municipal Health and Hygiene Directorate will implement, on its own or with the
collaboration of institutions related to this purpose, such as those mentioned in literal a) above,
continuous sterilization campaigns, for which it must establish an annual average of execution.
TITLE II: PROTECTION

AND ANIMAL CONTROL

CHAPTER I: ANIMAL PROTECTION

Art. 6: Without prejudice to the competence of other public entities, it is the obligation of the
Municipal Administration to ensure the good treatment, health and respect for the life of animals,
and mainly when they are on public roads or recreational sites for public use.

Such activities will be carried out with the collaboration mainly of the Ministry of Public Health and
other State entities as well as those that are non-profit and whose objective is oriented to the
protection of companion animals.

Art. 7.- All inhabitants of the canton are obliged to comply with the following protection rules for
animals:

Respect the life of domestic animals, as well as ensure their health, nutrition and appropriate living
conditions according to their species;

Respect their physical integrity, avoiding causing them unnecessary injuries and suffering;

Not to carry out or allow shows to be carried out; events, public or private shows, that involve
fights between animals, risks of harm to them or people;

Ensure that animals undergoing work, such as guardianship, therapeutic treatments, guides,
receive good treatment, protection from sunlight and extreme cold, rain and other climatic
phenomena, food and sufficient water within their reach; and,

Report any act of cruelty or mistreatment committed by third parties of which the Municipality is
aware - to the Municipal Health and Hygiene Directorate or to the Justice and Surveillance
Directorate.

CHAPTERII: ANIMAL CONTROL

Art. 8.- It is the responsibility of the Municipal Administration to control pet animals within this
canton, collaborating in the verification and compliance with the provisions of Art. 3 of the
Regulation on the ownership of dogs and cats in the country, published in the R. EITHER. 203 of
November 4, 2003, regarding the registration and numbered plate that animals must wear on the
collar; This plate will also contain the basic data that allows identifying and locating its owner or
holder, such as address and telephone number.

Art. 9: The Municipality may count on the collaboration of legally constituted and registered
animal protection entities, and related non-profit entities, to assist in the care of animals that are
removed from the hands of their owners or holders of public roads.

CHAPTER III: THE CONTROL STANDARDS

THE DOMESTIC ANIMALS

Art. 10. The owners or holders of domestic pets or those who are reputed to be such, are obliged
to keep them in good hygienic conditions, feed them adequately, provide them with
accommodation in accordance with the requirements of their species and breed, promote their
physical and healthy development, as well as carry out any mandatory preventive health
treatment.

The person who maintains, drives or assumes ownership of the pet is considered the owner or
holder, including, therefore, breeders and marketers of domestic animals.

Art. 11.- Every owner or keeper who qualifies as such will ensure that the integrity of his or her
domestic animal is not endangered, keeping it in a safe and appropriate place for its size and
breed; nicause problems or inconveniences that can be avoided to your neighbors, passersby or
other animals, in this case you must keep him surrounded by

Official Registry No. 494, - Friday December 31, 2004 - 29

fences of appropriate size that prevent the animal from escaping your property or injuring anyone.

The following are causes of discomfort:

Damage to the property and/or physical integrity of persons other than its owner;

Disrupt the peace and tranquility of the neighborhood;

e) Pursue moving people or vehicles and/or attack them or other animals; and, d) Abandoning
and/or keeping animals, especially inside closed places or tied outdoors, without proper care,
cleaning and feeding.

The owners or holders of dogs are responsible for damages caused to third parties.

Art. 12.- Dogs that circulate on roads and public or private spaces with public attendance will be
held on a leash or chain with a collar by their owner or keeper, using the respective numbered
plate established in the regulations referred to in article 8 of this ordinance.

Art. 13.- Dangerous and/or risky animals are considered to be those that have been trained or kept
in a habitat to develop aggressive behavior, either towards other dogs or towards people.

Animals are classified by weight as follows:

- Miniature less than 5 kg.

- Small up to 10 kg.

- Medium up to 20 kg.

- Large up to 30 kg.

- Giant more than 30 kg.

Art. 14.- Dogs that, due to their training and habitat in which they operate, have an aggressive
temperament or unpredictable behavior, or that have attacked people on more than one occasion,
as well as those considered by their weight as medium, large or giant, according to stated in the
previous article, to leave their homes in the company of their owners or those who act as such,
they must wear a chain, belt and/or muzzle; Under no circumstances may these animals roam
loose on the street, and in the event that they represent an imminent danger, the Municipality
may retain them and place them at the disposal of the respective health authorities or private
entities dedicated to the protection of animals.

Art. 15.- As an unavoidable hygienic measure, the owners or people who lead the dogs on public
roads must adopt the necessary measures to prevent them from defecating on public roads, parks
and gardens. If they occur, they will be obliged to collect them with gloves, covers or pallets and
deposit them in a hygienic manner in the garbage cans or places that the municipal authority
determines for this purpose.

For the purposes of the sanctions, the person who drives the animal, and subsidiarily the owner of
the animal, will be responsible.

Art. 16. The owners or holders may under no circumstances have them permanently tied, chained
or muzzled in their homes.

Art. 17: No person may remove the collar or identification tag of a dog when it is on public roads.

Art. 18.- Dog fighting with or without profit is prohibited, as well as any activity that involves
slaughter or any type of risk to the physical integrity of the animal. Anyone who contravenes this
will be subject to sanctions and the place where the commission of such infraction is determined
will be subject to definitive closure.

Animals in captivity and those used in public shows must have adequate habitability, health and
feeding conditions. For this purpose, the Directorate of Health and Hygiene, in coordination with
the Directorate of Use of Space and Public Roads, will inspect and qualify the zoological centers,
reserves, sanctuaries, circuses and other shows suitable to operate in the Guayaquil canton,
issuing the municipal operating permit.

Art. 19: An abandoned animal will be considered one that does not have the identification tag or
that is not accompanied by any person; In this case, the respective authority must take charge of
the animal and retain it until it is recovered by the owner or given up for adoption, or in case of
serious illness, euthanize it.

Art. 20: The sale of domestic animals is prohibited in places that are not legally authorized and
without the respective municipal permits. Commercial premises that are dedicated to the sale,
temporary lodging, training and breeding of domestic animals for their operation, in addition to
the municipal authorization fee and respective patent, must have approval through a report from
the Municipal Health Directorate, which certifies the conditions that are established. must be met
for the maintenance and location of the animals, and control activities may also be carried out to
verify the above, by the Municipality. The sale of domestic animals on roads or public spaces is
expressly prohibited.
The donation of pets as a prize or advertising claim or as a reward for acquisitions of movable or
immovable property is prohibited.

Dogs belonging to the Armed Forces and National Police are not considered pets.

CAPITULO IV: OF SACRIFICE AND EUTHANASIA

ANIMAL

Art. 21: Every animal has the right to live in a healthy environment and to have its life span
consistent with its natural longevity.

Art.22: The sacrifice of an animal must occur only in the event of a current or imminent state of
need or legitimate defense, whether one's own or that of a third person.

30 Official RegistryNo. 494 -- Friday, December 31, 2004

Art. 23.- Animal euthanasia should only be carried out in an exceptional and pious manner; in the
case of epidemics threatening the community, extreme old age, painful and/or terminal illnesses
or serious accidents that do not allow an acceptable recovery in the environment, which must be
performed by a qualified veterinarian.

CAPITULO V: OF THE INSTITUTIONS OF

PROTECTION AND DEFENSE OF ANIMALS

Art. 24: Animal protection institutions will be considered collaborators and executors for the
application of this ordinance, and may intervene in the defense, integrity and well-being of
animals, based on the agreements or collaboration agreements entered into with the Municipality
for this purpose.

Art. 25: Said entities must be registered in the Municipal Registry that will be created for this
purpose and that will be maintained by the Municipal Health Directorate and may be recognized as
collaborating entities. The costs required by the permanence of the animal in said centers must be
assumed by the owner or holder directly, prior to the delivery of the animal.

Art. 26: Animal protection foundations and institutions may present projects relating to regulations
and instructions that are necessary for a better application of what is established in this regulation.

Art. 27: Citizens may collaborate with the provision of information on any fact that contravenes the
provisions of this ordinance.

TITLE III: JUDGMENT AND

INFRINGEMENTS

CHAPTER 1: COMPETENCE AND PROCESS FOR

THE JUDGMENT
Art. 28: In case of non-compliance with the provisions of Arts. 12, 14, 15 and 19, the animal may be
sent to the Zoonoses Department of the Provincial Health Directorate or to the animal protection
center that maintains an agreement with the Municipality, until the owner or whoever is deemed
to be such pays the value of the fine. the costs for the care and feeding that have been carried out.

The time of stay and destination of the animal will be in accordance with that established in the
Regulations on the ownership of dogs and cats in the country, that is:

72 hours for its claim by the owner or holders from its withdrawal or retention;

After 72 hours, it may become the subject of adoption by any person who is interested; and,

e) If the above is not followed, the animal may be donated.

Art. 29 The violation of the constant provisions of this ordinance will be. judged and sanctioned by
the respective Municipal Commissioner, according to the procedure and sanctions established in
this title.

Art. 30: Infractions may be judged ex officio or following a substantiated complaint signed by the
interested party, after inspection by a delegate of the Directorate of Justice and Surveillance.

The complaint can be made by any interested party. CHAPTER II: INFRINGEMENTS

Art. 31: Infractions are considered to be the actions or omissions defined in this ordinance, which
are classified as minor, serious and very serious, depending on the degree of damage caused.

Art. 32.- They will be minor infractions:

Failure to comply with the provisions of Art. 15, referring to fecal depositions on public roads and
their collection;

The donation of pets as a prize or advertising claim or as a reward for acquisitions of movable or
immovable property;

e) The pet raffle; and,

d) Take out of public places dogs of non-aggressive or non-dangerous temperament, that do not
have the capacity to cause serious injuries or death to people and other animals, without collar,
identification tag and leash.

Art. 33.- The following will be serious infractions:

The movement of dogs on public roads without being restrained by a leash or chain, and the
respective muzzle, as the case may be;

The repetition of two or more minor offenses within a period of 6 months;

e) When, due to the incitement or negligence of the owners or holders, which goes against the
health and well-being of the animals, they are forced to exceed their natural capacities, using force
or artificial aids, and that result in injuries to people, animals or public or private property. ;

The sale of domestic animals in unauthorized ways or places;

That in establishments where pets are sold, they are kept in poor hygienic-sanitary conditions or
the provisions of Art. 20 of this ordinance; and,

The mobilization or transportation of animals without providing them with sufficient space
according to their size, without ventilation and due safety.

Art. 34: They will be very serious faults:

The repetition of 2 or more serious offenses within a period of 6 months.

The organization, celebration and promotion of dog fights and other activities prohibited in Art. 18
of this ordinance;

f) Abuse, physical attacks, abandonment; as well as acts or situations that involve cruelty or
suffering for animals;

Official Registry N°494 Friday, December 31, 2004 -- 31

Non-compliance by animal sales establishments with respect to the health obligations imposed on
them, in accordance with current legislation and the application of this ordinance;

The practice of mutilations or the sacrifice of animals without due justification;

Failure to comply with the obligations described in Art. 7 of this ordinance;

The sale of animals on public roads;

Breeding dogs for fighting; and,

The sale or donation of animals a. laboratories or experimental clinics.

CHAPTER III: SANCTIONS

Art. 35.- Offenders will be subject to the following sanctions:

Minor infraction, per animal, 20% of the unified basic salary;

Serious violation, per animal, 30% of the unified basic salary;

Very serious infraction, per animal, 50% of the unified basic salary and the seizure of the animal
species; and,

In the case of businesses that sell or work with animals, a minor infraction will be punished with 1
unified basic salary; for a serious infraction, the closure of the premises and, for a very serious
infraction, 50% of the unified basic salary per animal; the seizure of the same and the closure of
the premises.
All of the above, which governs in the administrative field, is understood without prejudice to the
compensation that corresponds to the owner or holder of the domestic animal for damages
caused to third parties, and the criminal sanctions that correspond to the competent judges for
culpable or intentional infractions that produce damages, injuries or death of third parties.

The premises closed for rehabilitation must previously have a favorable report from the Municipal
Health Directorate.

The sanctions will be governed by compliance, under the procedure described in Art. 29 of this
ordinance.

Art. 36: In case of mistreatment, serious or repeated non-compliance, by the owners or holders of
domestic animals, the municipal authority may, as a preventive measure, remove them as a means
of protection, provided that there are indications of violation of the provisions of this ordinance up
to the resolution of the corresponding judging process, 'as established in Art. 29. Once the case is
resolved, the animal may be returned to its owner, with the owner assuming the expenses
incurred for the care of the animal, or permanently transferred to a protective institution.

Art. 37: In the case of Art. 34 literal c), domestic animals that are retained will be delivered to the
protective institution that requests the animal and that has an agreement with the Municipality or,
failing that, and as a last possibility, to the Zoonoses Department of the Provincial Health
Directorate.

Art. 38: In case of cruelty, duly proven, technically and professionally, the animals will be seized,
taking them to appropriate centers that may subsequently hand them over for adoption or, if this
is not possible, the procedure provided for in literal c) of Art. 28 of this ordinance; Under no
circumstances will they be returned to their former owners.

Art. 39: In case of manifest recidivism within a period of 12 months of any of the typified
infractions, the respective Municipal Commissioner may impose up to double the fine without
prejudice to other sanctions established in this ordinance. In addition, it will be transferred to the
civil and/or civil judges. or criminal, in case there is evidence of third-party damage or criminal
actions.

TRANSITORY DISPOSITIONS

FIRST: Natural or legal persons subject to this ordinance will have a period of 30 days to proceed
with the registration of domestic animals, starting from the validity of this ordinance, if they have
not done so.

SECOND: Establishments dedicated to the sale, temporary lodging, training and breeding of
domestic animals must obtain, within 30 days from the validity of this ordinance, the report from
the Municipal Health and Hygiene Directorate certifying that the conditions of their establishments
or premises comply with the necessary standards for the maintenance of domestic animals. After
this period, the Municipality will proceed to close them, and they will not be able to operate again
if they do not previously have the previously mentioned report.
This ordinance will come into effect upon its publication in one of the newspapers with the
greatest circulation in the Guayaquil canton, without prejudice to its publication in the Official
Registry.

Given and signed in the session room of the M. YO. Cantonal Council of Guayaquil, on the twenty-
sixth day of the month of November of the year two thousand and four.

I CERTIFY: That this "ORDINANCE REGULATING THE PROTECTION, TENURE, CONTROL, MARKETING
AND CARE OF COMPANY ANIMALS, AS WELL AS THOSE USED IN PUBLIC SHOWS, WITHIN THE
CANTON GUAYAQUIL% was discussed and approved by M. YO. Cantonal Council of Guayaquil, in
ordinary sessions on September 23 and November 26 of the year two thousand and four, in the
first and second debate, respectively.

Guayaquil, November 26, 2004.

f.) Ab. Henry Cucalón Camacho, Secretary of the M. YO. Municipality of Guayaquil (E).

32 -- Official Record N°'494 -- Friday, December 31, 2004

In accordance with the provisions of articles 127; 128; and order its promulgation through its
publication in the Official Registry and in one of the newspapers with the greatest circulation in the
canton.

Guayaquil, November 26, 2004.

f.) Jaime Nebot Saadi, Mayor of Guayaquil.

Sanctioned and ordered the promulgation through its publication in the Official Registry and in one
of the newspapers with the greatest circulation in the canton, of the "ORDINANCE THAT
REGULATES THE PROTECTION, TENURE, CONTROL, MARKETING AND CARE OF COMPANY ANIMALS,
AS WELL AS THOSE THAT ARE USED IN PUBLIC SHOWS, WITHIN THE CANTON GUAYAQUIL", the
lawyer Jaime Nebot Saadi, Mayor of Guayaquil, on the twenty-sixth day of the month of November
of the year two thousand and four. I certify it.

Guayaquil, November 26, 2004.

L) Ab. Henry Cucalón Camacho, Secretary of the M. YO. Municipality of Guayaquil (E).