Question from a reader:
I have a question about the constitution. It’s a bit long, but I just couldn’t understand this issue, so I would appreciate it if someone knowledgeable could help me. Problem 4 Article 10 of the Rabies Prevention Law states that if the governor of a prefecture recognizes that rabies has occurred, they must immediately announce this and
designate the area and duration of the outbreak, ordering all dogs in that area to be muzzled or confined. Violating this provision can result in a fine of up to 200,000 yen (Article 27 of the same law). Additionally, Article 9, Item 1 of the Tokyo Metropolitan Ordinance on the Protection and Management of Animals requires dog owners to keep their dogs confined or in places where they are not likely to harm others to prevent them from escaping. Violations of this can result in detention or fines (Article 40 of the same ordinance). How should we consider whether this Item 1 of Article 9 of the Tokyo ordinance falls within the scope of the Rabies Prevention Law?

Rabies Prevention Law and Tokyo’s Animal Protection Ordinance: A Legal Perspective

Hello everyone! Today, I’d like to talk a bit about the law. Specifically, I want to consider the relationship between the Rabies Prevention Law and Tokyo’s Animal Protection Ordinance. Legal discussions can be a bit stiff, but I will explain it in an easy-to-understand way, so please bear with me.

What is the Rabies Prevention Law?

First, let’s briefly review the Rabies Prevention Law. This law is designed to protect people and animals from the very dangerous disease known as rabies. In particular, it grants governors of prefectures the obligation to announce when rabies has occurred and the authority to order muzzling or confinement of dogs. Violating this law can result in a fine of up to 200,000 yen. From my perspective as a dog owner, I feel this law is extremely important. The spread of a disease like rabies poses a significant risk to families and communities.

What is Tokyo’s Animal Protection and Management Ordinance?

Next, let’s touch on Tokyo’s Animal Protection and Management Ordinance. This ordinance requires dog owners to keep their dogs confined or in places where they are not likely to cause harm. Violations can lead to detention or fines. This is also an important rule for dog owners. As a dog owner myself, I want my dog to be safe no matter where they are. That’s why I support the purpose of this ordinance.

The Relationship Between the Rabies Prevention Law and Tokyo’s Ordinance

Now, let’s get to the main topic. Let’s consider the relationship between Article 10 of the Rabies Prevention Law and Article 9, Item 1 of Tokyo’s Animal Protection Ordinance. The Rabies Prevention Law clearly aims to prevent the occurrence of rabies. Therefore, it mandates the muzzling and confinement of dogs. On the other hand, Tokyo’s ordinance establishes basic rules for dog ownership. These can be seen as having different purposes. In my view, the Rabies Prevention Law applies to more specific situations, namely when rabies has occurred, while Tokyo’s ordinance is about ensuring safety in everyday dog ownership. Therefore, I think it cannot be said to fall within the scope of the Rabies Prevention Law.

Considering Actual Situations

Let’s think about a specific example. Suppose rabies has occurred in a certain area. In this case, the governor of the prefecture is required to order muzzling or confinement of dogs in that area. However, if a dog owner thinks, “I’m keeping my dog in a confined space, so it’s fine,” according to Tokyo’s ordinance, the Rabies Prevention Law will take precedence. Conversely, just confining a dog is insufficient as a measure when rabies occurs. This might be surprising, but sometimes the law has such priorities.

The Purpose and Significance of the Law

What’s important here is what the law aims to achieve. The Rabies Prevention Law is a “law to protect public safety,” while Tokyo’s Animal Protection Ordinance is a “law to protect animal welfare.” Both have important purposes, but their scopes and targets differ, which can sometimes lead to contradictions. As a dog owner, I constantly think about how these laws actually function. Because of the laws, our lives are ensured to be safe, while at the same time, the responsibilities of being a pet owner are called into question.

Conclusion

So, I’ve explored the relationship between the Rabies Prevention Law and Tokyo’s Animal Protection Ordinance. The world of law is complex, but understanding how we, as pet owners, should act within it is extremely important. By deepening our understanding of laws and ordinances, I believe we can improve our pet ownership practices, and above all, the safety and happiness of our dogs is what matters most. I encourage everyone to look into the laws in your area. Let’s enjoy happy days with our beloved dogs! Thank you for reading until the end!