The Animal Control Commission for Queen Anne's County ("the
Commission") shall exercise such powers and perform such functions
as specifically provided in this chapter. Additionally, the Commission
shall advise the County Commissioners on all questions of general
policy relating to animal control in the County, and, when appropriate,
shall bring matters of public interest within its jurisdiction to
the attention of the County Administrator.
[Amended 5-26-2015 by Ord. No. 15-01]
A.
Appointment.
The County Commissioners shall appoint seven individuals to serve
as members of the Commission. One nonvoting member shall be the County
Health Officer or his/her designee, and one nonvoting member shall
be the Director of Emergency Services for Queen Anne's County or his/her
designee. The other members shall be voting members of the general
public. These membership requirements may be phased in as the terms
of members serving on the date of adoption of these requirements shall
expire.
B.
Terms.
The County Commissioners shall set the term of each member of the
Commission. Terms may be staggered, and all terms need not be of equal
duration.
D.
Removal.
The County Commissioners may, with or without cause, remove a member
of the Commission prior to the expiration of the member's term.
[Amended 5-26-2015 by Ord. No. 15-01]
A.
Chairperson;
Vice Chairperson. The members of the Animal Control Commission shall
designate one member to serve as Chairperson of the Animal Control
Commission subject to the approval of the County Commissioners of
Queen Anne's County. The members of the Commission shall also designate
one member to serve as Vice Chairperson.
B.
Secretary.
The Commission may appoint an individual other than a Commission member
to serve as a nonvoting, recording secretary.
[Amended 5-26-2015 by Ord. No. 15-01]
A.
Meetings,
in general. The Commission shall meet at the call of the Chairperson
or on the request of two voting members.
B.
Quorum.
A quorum shall consist of three voting members.
C.
Missed
meetings. The Chairperson shall notify the County Commissioners if
a member of the Commission misses three regularly scheduled meetings
during a calendar year.
D.
Office
facilities; supplies. The County Commissioners may provide the Commission
with office space, supplies, and equipment as may be required by the
Commission in accordance with the current fiscal budget.
A.
Legislative
recommendations. The Commission shall recommend to the County Commissioners
changes in this chapter, as the Commission may deem appropriate.
B.
Regulations.
The Commission shall develop and update, as the Commission may deem
appropriate, a comprehensive set of regulations necessary or appropriate
to implement the provisions and purpose of this chapter. Such regulations
shall have the force and effect of law.
C.
Fee
structure; fines.
(1)
The Commission shall promulgate and maintain a schedule of fees to
be imposed under this chapter for County dog, cat, and ferret registration
and licensing of commercial animal establishments.
(2)
The Animal Services Center shall promulgate, publish, and maintain
a schedule of fees for all services provided by it, including fees
for transfer, reapplication, redemption, adoption, board, and other
fees or charges authorized or required.
(3)
The Commission shall establish and adopt a schedule of fines which
shall be imposed for violations of this chapter.
(4)
Fees and fines established under this chapter may be evaluated and
adjusted on an annual basis by the Commission and the Animal Services
Center.
A.
In
general.
(1)
On a written complaint of a citizen, the Commission may conduct a
public hearing to determine whether a violation of this chapter has
occurred. The Commission may set conditions to correct the violation
and order the violator to abide by those conditions within a prescribed
time limit. The Commission may provide for any disposition of any
animal, including euthanasia, as provided in this chapter.
(2)
The Commission may conduct hearings on whether an animal shall be
deemed a dangerous animal under the provisions of this chapter. On
finding that an animal is dangerous, the Commission may set any reasonable
conditions or restrictions on release of the animal or order the animal
euthanized.
(3)
On a written complaint of an Animal Control Officer or a member of
the Commission, the Commission shall conduct a public hearing to determine
whether a person has complied with an order of the Commission. If
the Commission determines that the respondent has not complied with
an order of the Commission, the Commission may impose a fine or other
appropriate remedy, as provided in this chapter.
B.
Notice.
(1)
The Commission shall give written notice to the respondent of a complaint
by either personal delivery or certified mail, restricted delivery,
return receipt requested. The notice shall be mailed to the respondent
at least 10 days prior to the public hearing regarding the alleged
violation. The notice shall contain the nature of the complaint, time,
date, and place of the hearing.
(2)
The Commission shall notify the complainant, by first class mail,
of the time, date, and place of the hearing.
C.
Subpoena
power. The Commission may issue a subpoena for the attendance of a
witness or the production of documents at a Commission hearing.
E.
Costs.
Any costs incurred by the respondent in order to comply with the Commission's
rulings are the sole responsibility of the respondent.
F.
Judicial
review. A decision of the Commission authorized under this chapter
is final. The decision is subject to review only by the Circuit Court
for Queen Anne's County upon a timely appeal by a person aggrieved
by the decision filed in accordance with the Maryland Code of Rules.
[Amended 5-26-2015 by Ord. No. 15-01]
A.
The
Manager of Animal Control (the "Manager") shall be appointed by the
County Commissioners of Queen Anne's County and shall administer any
laws and regulations pertaining to animal control in the County.
B.
The
Manager, as well as any Animal Control Officer, shall operate under
the authority and oversight of the County Commissioners of Queen Anne's
County Office.
D.
Operational
responsibility. The Manager has operational responsibility for carrying
out duties prescribed in this chapter and enforcing its provisions,
as well as regulations duly promulgated by the Commission, including
(but not necessarily limited to) provisions concerning public safety,
public nuisances, prevention, cruelty to animals, and minimum standards
for animal care.
E.
Patrols;
complaint investigations. The Manager shall implement a program of
patrols and response to citizen complaints for the purpose of enforcing
this chapter and Maryland State Law regarding animal control.
F.
Emergencies.
The Manager shall provide a twenty-four-hour, seven-day-a-week animal
emergency service to respond to any complaint concerning matters deemed
an emergency by the Manager.
G.
Inspection
of animal establishments. The Manager shall implement a program of
inspections of all animal establishments required to have a license
under this chapter.
H.
Recordkeeping.
The Manager or the Manager's designee is responsible for maintaining
accurate records of licenses, impoundments, dispositions, animal bites,
and all enforcement actions taken by Animal Control Officers.
I.
Public
information. The Manager shall make available to the general public
information concerning the enforcement of this chapter as it pertains
to animal control.
[Amended 5-26-2015 by Ord. No. 15-01]
A.
Authority,
in general. Animal Control Officers employed by the County Commissioners
are authorized to exercise the authority necessary to enforce the
provisions of this chapter and Maryland State Law relating to animal
control.
B.
Impoundment/seizure.
Animal Control Officers shall:
(1)
Humanely impound/seize an observed animal whose owner or custodian is in violation of this chapter and/or provisions of the Maryland Annotated Code relating to animal control, including impoundment/seizure from private or public property in accordance with Subsection J of this section; or
(2)
Impound an injured domestic animal found on a road or public land
in the County or on private property if the owner of the property
is not the owner or custodian of the animal.
C.
Notice.
An Animal Control Officer shall make a prompt and reasonable effort
to locate and notify the owner or custodian of an impounded animal.
The effort shall include coordination with the Animal Services Center
staff.
D.
Citations.
An Animal Control Officer may issue a citation to the owner or custodian
of an animal when the animal is observed in violation of this chapter
or Maryland State Law relating to animal control.
E.
Emergency
assistance.
(1)
An Animal Control Officer shall promptly respond to administer emergency
assistance, first aid, or qualified medical assistance to an injured
or diseased stray animal that comes into the custody of the County
without the consent of the owner or custodian of the animal.
(2)
In carrying out Subsection E (1) of this section, the Animal Control Officer administering assistance, Queen Anne's County, or any of its employees or agents, may not be held liable for acts committed or omitted while rendering assistance, unless the act or omission constitutes gross negligence or malice.
F.
Animal
bite investigations. An Animal Control Officer may conduct investigations
according to department policy or assist the Department of Environmental
Health in the investigation of animal bites concerning potential rabies
exposures.
H.
Inspection
of commercial animal establishments. An Animal Control Officer shall
conduct prelicensing and/or renewal inspections of commercial animal
establishments as provided in this chapter or regulations adopted
pursuant to this chapter.
I.
Enforcement
actions.
(1)
If the owner or custodian of an animal is in violation of any requirements
that the Commission establishes, an Animal Control Officer may order
the violation immediately corrected and cite the owner or custodian
for the violation.
(2)
Subject to Subsection I(3) of this section, an Animal Control Officer may initiate a complaint or other form of enforcement of this chapter or Maryland State Law.
(3)
Before an Animal Control Officer files a complaint in a court of
competent jurisdiction or before the Commission, the Animal Control
Officer shall have probable cause to believe that a violation of this
chapter or Maryland State Law has taken place.
J.
Access
to private property. An Animal Control Officer may enter upon private
property to verify compliance with orders of the Animal Control Commission
and/or to investigate any observed or reported violations of this
chapter and or Maryland State Law. This access is limited to unenclosed
places and structures which are open and the interior of which is
readily visible to the Animal Control Officer.
A.
An
Animal Services Center may be operated by the County Commissioners
of Queen Anne's County or by a qualified organization operating under
and in accordance with the terms of a contract with the County Commissioners.
B.
Scope
of duties.
(1)
Stray and unwanted animals.
(a)
The Animal Services Center shall receive stray and unwanted
domestic animals regardless of their medical condition.
(b)
Animals that have a confirmed disease which may cause death
or serious illness to other animals confined at the center may be
immediately euthanized.
(c)
The Animal Services Center shall make a prompt and reasonable
effort to locate and notify owners of stray animals.
(2)
Return of identified animals. The Animal Services Center shall ascertain
the identity of the owner of an impounded animal and, as a precondition
of release, require the payment of all charges for the care, board,
veterinary treatment, and any unpaid license fees from the animal's
owner or custodian.
(3)
Animal adoption. The Animal Services Center shall place for adoption
unredeemed or unwanted animals in accordance with the regulations
established under this chapter and Maryland State Law.
(4)
Humane treatment. The Animal Services Center shall provide humane
treatment for all animals under its care.
(5)
Standards of care. The Animal Services Center shall maintain and
adhere to comprehensive procedures, as provided in regulations duly
promulgated by the Commission, prescribing standards for the humane
operation of the center, including standards for the housing, feeding,
care, veterinary treatment, adoption, quarantine, and euthanasia of
animals in the facility pursuant to this chapter and Maryland State
Law.
(6)
Veterinary care.
(a)
The
Animal Services Center shall provide for necessary and appropriate
veterinary care of injured or sick animals in the custody of the Animal
Services Center.
(b)
Veterinary
care of injured or sick animals may be rendered without the consent
of the owner or custodian.
(c)
Animal
Control Officers and the Animal Services Center staff and its agents
are not liable for acts committed or omitted in rendering care under
this subsection.
(7)
Posting of charges. The Animal Services Center shall post, in a conspicuous
place, a schedule of charges for the housing, care, treatment, adoption,
and redemption of animals that are in the custody of the center.
(8)
Records.
(a)
The
Animal Services Center shall keep records of impoundments, veterinary
treatment, disposition of animals, and other activities for a period
of three years after such records are initiated.
(b)
Animal
records shall be complete and accurate as to the breed, sex, color,
condition, how, when, and where the animal was obtained, and any identification
the animal may have been wearing.
(9)
Unwanted animals. The Animal Services Center may humanely euthanize
unredeemed and unwanted animals in accordance with the provisions
of this chapter and Maryland State Law.
