Is It A Crime To Have Cats And Dogs In The Apartment Yard?

Animal feeding in communal areas such as apartments and estate gardens causes many conflicts. Therefore, it is extremely important for the people who feed the animals to know their rights.

Streets, parks, site and apartment gardens, without any distinction between public and private, “living environments”is. The ability of animals to live in these areas is legally guaranteed. It is a violation of the law to relocate cats and dogs in these areas, to take them to other places, and to call the municipality “Collect the cats and dogs”.

“Is it legal to put food and water on orphans?”, “What can I do against people who threaten me for feeding stray animals?” You will find answers to such questions in the content. After finding answers to the questions in your mind, against these people your legal rights you can use.

The Animal Protection Law No. 5199 has legally guaranteed the right to life of stray animals.

According to Article 3 of the Law, all places and dogs, including streets, parks, trees, green gardens and all open spaces, without distinction of private or public, where they can enter with their animal natural instincts and abilities. where they live naturally are living environments.

It is important whether you disturb other people for illegal reasons while feeding animals.

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According to Article 18 of the Property Ownership Law No. 634; To comply with the rules of accuracy, especially not to disturb each other, not to violate each other’s rights, and complying with the provisions of the management plan. are mutually liable.

The provisions regarding the debts of the flat owners in this law are also applied to the tenants in the independent sections and the holders of the right of residence (sükna) or those who constantly benefit from these sections in any way; Those who cannot fulfill these debts together with the flat owners, severally becomes responsible.

As it can be understood from the provision, the flat owners or tenants should not disturb each other, not violate each other’s rights, and which is described as the constitution of the buildings. They are responsible for complying with the building management plan. The person who keeps or keeps animals in the apartment or site, in the garden or in any independent common area must comply with some obligations and perform this action.

At this point, the person who keeps animals in the common area should not disturb the other floor owners. Otherwise for alleged inconvenience the relevant flat owners may prevent animal sheltering and feeding in the said area by applying to the court.

Feeding and sheltering of the animal in the common area can only be prevented by a court decision.

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Therefore, the relevant flat owners, municipality, municipal police or law enforcement officers do not have the authority to take any action regarding the situation in question at this point. Therefore, the removal of items such as food bowls, huts, etc., which are established to provide shelter and nutrition for the animal. but by court order It is not possible to remove these items by the relevant floor owners. The ‘Crime of Damage to Property’ in Article 151 of the Turkish Penal Code will be brought to the agenda for those who act otherwise.

Feeding stray stray animals is not just a ‘conscientious duty’; It is also a ‘legal right’.

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Article 4/d of the Law states that ‘It is essential to encourage real and legal persons who take care of or want to take care of stray and weakened animals and meet the conditions stipulated in this law, and to provide coordination within this scope, with only human and conscientious responsibilities, without any financial gain or benefit’. activities, legal right and duty of animal lovers indicated that.

It is a violation of the law for the site, apartment, official and private institution officials to relocate cats and dogs, to take them to other places, to collect them.

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Pursuant to Article 20 of the Implementation Regulation of the Law No. 5199; all kinds of transactions regarding stray animals were given to the Governorship, Forestry and Water Affairs Directorates and Municipalities, which are the enforcers of the law. No institution or organization other than municipalities, may not interfere with stray animalscannot collect.

According to article 21 of the regulation, municipalities collecting cats and dogsIt is clearly defined by law. Municipalities collect, sterilize, care and treat for the purpose of sterilization only, and then return it to the place where it was taken. The municipality, which does not have a special center for cats, cannot collect cats.

Cat or dog, no animal may be relocated arbitrarily except for the purpose of sterilization, His life is supported by the law and the state. For this reason, it should be known that the search for the municipalities by the administrations or individuals with the request of ‘taking the animals, throwing them elsewhere’ means making an unlawful demand from the municipality and is in violation of the law.

In summary; An animal lover can put food and water in front of stray animals everywhere.

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The law stipulated that animals should be fed wherever they are found. Therefore, stray cats and dogs in garden areas It is a legal right to water, feed and house the food. Trying to prevent this is breaking the law. However, while making these feedings, it should not be forgotten that a communal life is lived and care should be taken.

Animal lovers who take all their authority and power from the law and do not gain financial gain; prohibition/abandonment of feeding and sheltering activities; Throwing away food and water containers means breaking the law. animal lovers Trying to intimidate with threats and harassment is also a crime. It is a crime to prevent people from feeding and housing animals with which they have an emotional attachment. These acts fall under the definition of psychological violence according to the Law No. 6284 on the Protection of the Family and are against the law.

What legal remedies can you apply?

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  1. Complaint to the Governor’s Office: In the event of any damage to the owner or stray animals, an official application is made to the relevant Governor’s Office, the municipality and the Regional and Branch Directorates of Forestry and Water Works for the application of an administrative fine pursuant to Article 28 of the Animal Protection Law No. 5199. .
  2. Investigation request at the Directorate of Forestry and Water Affairs: A complaint can be made to the Directorate of Forestry and Water Affairs for an investigation against those concerned, for violating the Environmental Law, due to the destruction of the stray animals, which have an important place in the eco-balance, and the harm to the environment by disrupting the ecological balance. The Forestry Directorate and the Governor’s Office inspectors are requested to take measures to protect the right to life of these animals.
  3. Application to Court: In order to prevent the oppression applied to those who care for animals as a legal right, an application can be made to the court within the framework of the Law on the Protection of the Family and the Prevention of Violence Against Women.
  4. Criminal complaint: If the animals living on the site are owned and something happens to them on purpose; Whoever violates the current law can be prosecuted to the relevant prosecutor’s office.

Sources: Atty. Deniz Tavsancil Kalafatoglu, Atty. Begüm GÜREL, Adv. Asli Tanrikut

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