[size=14]We have experienced that apparently authorities are now occasionally approaching dog salons and animal boarding houses and want to close them or have ordered their closure.
In addition, we have been informed that these orders have mostly been given orally and without a written order.
We have researched this topic for our customers through the cdVet legal department and have come to the following conclusions.
We would like to point out that this article cannot constitute legal advice.
We assess the situation as follows:
On the subject of official action, always have the order in writing.
This is important for several reasons;
a) for the application for emergency aid from the federal and state governments
(b) for the recovery of any refunds, grants, etc. (please contact your tax consultant)
(c) Officials shall consider more carefully whether an act of public authority as a prohibition is really proportionate and necessary. Decisions are more transparent and clear and, where appropriate, decisions can be appealed against
(d) where appropriate, a clear request for termination of the measure may be made.
Dog salons:
Dog salons are not covered by the packages of measures of the Federal Government and the Federal States, particularly for 2 reasons.
Firstly, it is not a service, but a craft. Craft enterprises are expressly excluded from the measures to our knowledge.
Even if one assumes that it is a service, the dog salons are not a service or craft directly on humans and is therefore not comparable with the measures concerning the hairdressing trade. This is apparently assumed by some local authorities in error.
In administrative law, there is the principle of proportionality for official orders and the obligation to choose the milder remedy.
We consider the measures of closing dog salons to be disproportionate in themselves and therefore not legal.
However, there are some aspects to be considered:
It will be important to ensure that customers do not come into direct close contact with the dog hairdresser and that there are no problematic contacts between customers. After all, preventing personal contact is ultimately the goal of the measures taken by the authorities, most of which are also appropriate
This is usually easy to implement in dog salons by taking the dogs on appointment and returning them accordingly. Minimum distances should be able to be kept.
In addition, it is possible to work with a face mask when the dog is handed over.
The handing over of feed is also permitted and is handled in the same way as the operation of food stores.
It is important to know that officials are often overtaxed and are not familiar with your particular circumstances. Many have never seen a dog salon from the inside before. Explain the interrelationships and present a simple concept which briefly and simply illustrates that your dog salon does not pose any particular risk with regard to Corona. Ultimately, health is the top priority for all of us.
It is particularly important to note that it is NOT the human, but the animal that is "treated".
For clarification it can be pointed out that this approach in dog salons is comparable to a "DRIVE IN". The animals are only handed in and picked up again!
In addition, a pick-up and delivery service can also be offered, which should also be completely legal. However, the above mentioned procedure is optimal in most cases.
In addition, it should be pointed out that dog care is not due to fashion, but for reasons of animal welfare in most cases.
We will continue to work on the topic and also in the cdVet "trader group".
Your topics are important to us and - especially now - we are here for you
Your team from cdVet[/size][size=14][/size]
