Act to amend Chapter 34 of Title 10 Guam Code (P.L. 28-108)

Public Law 28-108 file:///D/HTML/gum68358.htm[15.01.2025 17:38:02] PUBLIC LAW 28-108 MINA'BENTE OCHO NA LIHESLATURAN GUÅHAN 2005 (FIRST) Regular Session Bill No. 234 (LS) As substituted by the author, further substituted by the Committee on Education & Community Development and amended on the Floor. Introduced by: A. B. Palacios, Sr. L. F. Kasperbauer F. B. Aguon, Jr. J. M.S. Brown Edward J.B. Calvo B. J.F. Cruz Mike Cruz Mark Forbes R. Klitzkie L. A. Leon Guerrero J. A. Lujan R. J. Respicio Ray Tenorio A. R. Unpingco J. T. Won Pat AN ACT TO AMEND SUBSECTION (a) OF §34116, TO ADD A NEW SECTION 34125 AND TO REPEAL AND RE-ENACT SECTION 34123 OF ARTICLE 1, CHAPTER 34, DIVISION 2, ALL OF TITLE 10 GUAM CODE ANNOTATED, RELATIVE TO THE IMPOSITION OF MANDATORY FINES ON OWNERS OF IMPOUNDED DOGS, AND TO ESTABLISH A STRAY DOG REVOLVING FUND. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Findings and Intent. I Liheslaturan Guåhan finds that the problem of stray dogs continues to plague all the municipalities of Guam, posing serious danger to the safety of children walking to and from bus stops, and health hazards by dogs overturning garbage cans and scattering the contents of household waste containers. Current statutes do not adequately hold owners of stray dogs accountable for the problems caused by their dogs. Therefore, it is the intent of I Liheslaturan Guåhan to make owners of stray dogs more accountable for the problems created by their pets, to establish fines for initial and repeated violations by the same owner, and to establish a "Stray Dog Revolving Fund". Section 2. Subsection (a) of §34116, Article 1, Chapter 34, Division 2, Title 10 Guam Code Annotated, is hereby amended to read: “§34116. Dog running at large, impoundment, holding period, sterilization and adoption. (a) It shall be unlawful for any dog owner to negligently allow a dog owned by him to run at large.” Section 3. A new §34125 of Article 1, Chapter 34, Division 2, Title 10 Guam Code Annotated, is hereby added to read: “§34125. Penalties for Violation of Articles 1 and 2. Notwithstanding the penalties created by §34124, violations of Articles 1 and 2 of this Chapter shall be punished by a fine to be imposed on the pet owner of not less than $25 for the first offense, $50 for a second offense, and $100 for a third and subsequent offense. The pet owner shall also pay all applicable costs, such as vaccination, licensing and the per diem fee for impoundment.” Section 4. Section 34123 of Article 1, Chapter 34, Division 2, Title 10 Guam Code Annotated is hereby repealed and re enacted to read as follows: “§34123. Establishment of the ‘Stray Dog Revolving Fund.’ There is hereby established a restricted fund account called the ‘Stray Dog Revolving Fund’, which shall be used by the Department to purchase equipment and supplies Public Law 28-108 file:///D/HTML/gum68358.htm[15.01.2025 17:38:02] for the effective implementation and enforcement of Articles 1 and 2 of this Chapter. All fees and revenues collected by the Department of Agriculture pursuant to Articles 1 and 2 of this Chapter and all fines imposed pursuant to Articles 1 and 2 of this Chapter shall be deposited into the ‘Stray Dog Revolving Fund’. The Director of Agriculture shall administer the Fund for the purposes provided herein.”