Olympic athlete Noraseela Khalid has filed a lawsuit against Petaling Jaya City Council (MBPJ) and the Selangor government, challenging a blanket ban imposed on having pet dogs in apartment units.
She filed the originating summons on Jan 19 at the Shah Alam High Court, seeking a court declaration deeming Section 8(2) of the MBPJ’s Licensing of Dogs and Kennel Establishments (2007) by-law to be unlawful.
Speaking to Malaysiakini, Noraseela’s lawyer, Rajesh Nagarajan, explained that the by-law was also contradictory to federal legislations – including the Local Government Act (1976), and the Strata Management Act (2013) – which allows dog ownership as long as it poses no nuisance or threats to public safety.
“This is a clear case of a local council acting beyond its legal powers. Instead of regulating responsibly, it imposed an unlawful and arbitrary blanket ban with no evidence, proportionality, or lawful authority.
“Such overreach is legally indefensible, and when councils place convenience above constitutional rights, the courts must intervene,” he said.
According to the said by-law, it stipulates that no person shall own, keep, or harbour any dog above the ground floor of any building.
It also requires dog owners in landed properties to obtain a license and register their pets, where those failing to register can be fined up to RM1,000.
Similarly, registered dog owners who fail to comply with council regulations can also be subject to penalties up to RM2,000, face a one-year imprisonment period, or both.
Residents concerned
Commenting further, Rajesh said he had been approached by Noraseela in December last year, after the management of her residential condominium area raised concerns over pet ownership.
The counsel also said he had previously been approached by other condominium residents across Petaling Jaya, who had similar complaints.
“If you have licensing and administrative issues to regulate the matter, that is fine. But here, they have imposed a blanket ban (on dogs in apartments).
“You cannot simply ban people from keeping pets. That is unacceptable.
“These local councils are forgetting that they are civil servants. Your job is to assist the public. You cannot go around creating laws to oppress the public.
“We need to challenge the law. MBPJ is relying on an illegal law to oppress pet owners,” he added.
Uproar over mall’s decision
On Dec 18, Rajesh similarly spoke out against the Selangor authorities’ backlash towards the introduction of a pet-friendly mall in Subang.
Rajesh had reminded the Selangor government that shopping malls are privately owned premises and the state has no authority to impose a blanket prohibition on how private property owners regulate lawful behaviour within their premises.
Later, Subang’s Sunway Square Mall retracted its decision to uphold a pet-friendly policy, after receiving a directive reaffirmed by state executive councillor for local government and tourism Ng Suee Lim.
Ng said that Selangor will continue to prohibit pets from being brought into shopping malls, asserting that the policy remains in force while the state government reviews relevant guidelines to maintain community harmony. - Mkini
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