The Jing ‘an District Court in Shanghai recently concluded a conflict case over uncivilized dog keeping. In the case, Ms. Leng (pseudonym) had a fierce conflict with Ms. Zhang (pseudonym), a dog owner, because the green belt at her door had been used as a “dog public toilet” for a long time, and she could not bear to be distracted by spraying dog repellent. Ms. Zhang sued Ms. Leng to the court for claims, and the court eventually rejected all of Ms. Zhang’s claims.
It is understood that on the day of the incident, Ms. Zhang took three pet dogs for a walk in the community’s public green belt as usual. Ms. Cold saw this, asked Ms. Zhang to leave, do not walk the dog here. Ms. Zhang thinks that the public area of the community has its own right to activities, and does not pay attention. Ms. Leng then went home and took out the dog repellent spray and poured it on Ms. Zhang’s three dogs and Ms. Zhang herself, and the two sides argued and were accompanied by physical conflict. Ms. Zhang said the spray caused the three dogs to stress and collide with each other, and one of the teddy dogs was injured and bled. After the incident, the two sides mediated and signed an agreement at the police station, agreeing to settle, not pursue, and Ms. Cold compensated Ms. Zhang for the cost of washing pants 25 yuan. However, Ms. Zhang found that the teddy dog jaw fracture, because the mediation did not involve the dog injury treatment, then sued Ms. Leng, claiming pet dog treatment costs, nutrition costs, a total of more than 10,000 yuan.
Ms. Leng argued that some owners of the community have uncivilized dogs, let the dog defecate and urinate wherever they walk the dog and do not clean up, and the green belt at the gate of their residential buildings is in a remote location, which is the worst disaster area, where vegetation is destroyed, the smell is bad, and mosquitoes breed. She has repeatedly reflected to the neighborhood committee and the property, and the appeal of the owners group has been fruitless, so she has purchased the dog repellent with safe ingredients and only emits the unpleasant smell of pets. Ms. Leng believes that the dispute stems from Ms. Zhang’s uncivilized dog walking, and her repeated attempts to dissuade her failed, and according to the surveillance video and the mediation of the police station, the teddy dog was not injured at that time, the two sides have mediated and the agreement has been fulfilled, and Ms. Zhang has no right to claim again.
At the time of the court hearing, no injuries were found through the on-site surveillance video of the three dogs running into each other. As for the photos and videos of blood stains provided by Ms. Zhang claiming that the teddy dog was injured, the court held that if the blood stains were left by the dog, the bleeding was serious, and Ms. Zhang did not mention the dog’s injury during the mediation at the police station, it was contrary to common sense and difficult to determine the fact that the dog was injured. At the same time, the court found that the public security mediation agreement signed by the two parties did not meet the statutory cancellation conditions, Ms. Leng has fulfilled the obligations of the mediation agreement, and once again asked her to bear the infringement liability.
Dog owners need to solve the problem of dog urine and feces on a daily basis, but some people think that pet feces can be used as natural fertilizer and left in green belts and flower beds at will. In fact, pet feces contain a lot of harmful bacteria, which can affect air quality, and its high nitrogen and phosphorus excrement can disrupt the ecological balance and lead to freshwater eutrophication.
With the promotion of civilized dog awareness, many dog owners take the initiative to “pick up poop”, but the problem still exists. For this purpose, “dog public toilets” have been built in many places, such as Jinbao Garden Community in Shunyi District, Beijing, transforming bare land into “pet public toilets”; Kangle Xincun Community in Mengjin District, Luoyang, Henan Province, has set up sandpits “pet urinals” in places frequentlyused for dog walking; Riverside Community in Shuanggang Town, Jinnan District, Tianjin, has transformed small urinals with used tires as “pet public toilets”. Local property companies and community staff will regularly clean, disinfect and maintain.
Li Ling, a professor at Beijing Union University, pointed out that to solve the problem of community pet management, it is necessary to release the civilized dog keeping convention through community co-governance, give play to the role of various stakeholders, change the uncivilized dog keeping behavior with “disengagement” and service, and implement the convention to achieve civilized dog keeping. Although keeping dogs is a private matter, it is a social problem involving public interests, and community residents should actively negotiate to solve it to avoid “dog fun” becoming “dog trouble”.
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