Queen Annes County, MD Miscellaneous Acts; Penalties

Interference described. Interference under Subsection A(3) of this section shall include the use of physical force, verbal misdirection, filing a false report, or failing to give appropriate information which would prevent an Animal Control Officer from carrying out his or her official duties.

§ 9-26.1 Trapping devices.

[Added 5-26-2015 by Ord. No. 15-01]

Each leg trap, foot-hold trap, snare, conibear trap, and other similar catching devices used in Queen Anne's County shall be identified with the owner or trapper's name. This identification shall be attached to the trap or device, by tag, label, or otherwise and combined with a trapping license number, or active phone number, affixed such that the owner or trapper can be readily identified and contacted. Failure to comply with this regulation shall result in seizure of the device, and a fine not to exceed $100 per violation.

Any trapping device (as referenced in Subsection A above) which entraps a domestic animal, prohibited species, or any animal not permitted to be trapped shall be subject to seizure of the device and a fine of $500. Nothing herein shall be construed to limit any damages arising from wrongful damage to a domestic animal or property.

Any trapping device (referenced in Subsection A above) set or deployed in such fashion as to recklessly endanger a domestic animal, prohibited species, or other unintended wildlife, shall be subject to seizure of the device, and a fine of $250 per violation.

Nothing in this section shall be construed to apply to "Have-a-Heart," live or box-style traps.

§ 9-26.2 Animal fighting paraphernalia.

[Added 1-12-2016 by Ord. No. 15-14]

Definitions.

(1)

In general. In this section, the following terms have the meanings indicated.

ANIMAL FIGHT

Any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans.

ANIMAL FIGHTING PARAPHERNALIA

(a)

In general. "Animal fighting paraphernalia" means any equipment, product, drug, or other substance or material of any kind that is used or intended or designed for use in the training, preparation, conditioning, or breeding for, in conducting, or otherwise in furtherance of an animal fight.

(b)

Inclusions. "Animal fighting paraphernalia" includes:

[1]

A breaking stick or similar device that is designed for insertion behind the molars of a dog for the purpose of breaking the dog's grip on another animal or object;

[2]

A cat mill or similar device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog;

[3]

A treadmill or similar device that is designed for animal exercise consisting of an endless belt on which an animal walks or runs without changing places;

[4]

A springpole or similar device with a biting surface attached to a stretchable device, suspended at a height sufficient to prevent an animal from reaching the biting surface while touching the ground;

[5]

A fighting pit, walled area, or otherwise confined area that is used to contain an animal fight;

[6]

Any other instrument or device that is commonly used in the training, preparation, conditioning, or breeding for, in conducting, or otherwise in furtherance of an animal fight.

Prohibited conduct; animal fighting paraphernalia.

(1)

In general. No person may possess, sell, transfer, or manufacture any item of animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate an animal fight.

(2)

Relevant factors. To determine whether an object is an item of animal fighting paraphernalia, the court may consider, among other logically relevant factors, the following:

(a)

Any statement by an owner or a person in control of the object concerning its use;

(b)

Any prior conviction of an owner or a person in control of the object under a local, state, or federal law relating to animal cruelty or animal fighting;

(c)

The proximity of the object, in time and space, to an animal fighting venue;

(d)

Direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another person who the owner or the person in control knows or should reasonably know intends to use the object to facilitate a violation of this section;

(e)

Any instructions, oral or written, provided with the object concerning its use;

(f)

Any descriptive materials accompanying the object that explain or depict its use;

(g)

The manner in which the object is displayed for sale;

(h)

The existence and scope of legitimate use for the object in the community;

(i)

Expert testimony concerning use of the object; and

(j)

Any other verifiable information that indicates that the object is intended or designed for use in violation of this section.

(3)

Each item a separate offense. Each item of paraphernalia that is possessed, sold, transferred, or manufactured in violation of this section is a separate offense.

Penalties. Notwithstanding § 9-27 of this chapter, any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000, imprisonment not exceeding 90 days, or both.

§ 9-27 Civil penalties.

In general.

(1)

A person who violates any provision of this chapter shall be guilty of a civil infraction and subject to an original preset penalty as set forth in the schedule of penalties adopted by the Animal Control Commission under § 9-7C of this chapter.

(2)

The maximum fine for a violation of this chapter shall be $1,000.

(3)

Each day that a violation continues shall constitute a separate violation.

(4)

Civil infractions under this chapter shall be governed by the procedures set forth in Subtitle 2 of Title 11 of the Local Government Article of the Annotated Code of Maryland.

Payment of fines.

(1)

All fines imposed under this chapter shall be payable to the Queen Anne's County Finance Department.

(2)

Fines shall be paid within 30 days of a violation.

(3)

Failure to pay the monetary penalty within the prescribed time will result in a summons being issued for the violator to appear before the District Court of Maryland for the County of Queen Anne's.

Subsequent violations. Fines will be doubled for a second or subsequent violation of the same provision in any thirty-six-month period. The maximum fine for such second or subsequent violations is $1,000.

§ 9-28 Enforcement; duties of local officials.

Manager; Animal Control Officers. The Manager or an Animal Control Officer designated by the Manager or any police officer or deputy sheriff has the authority to issue a civil citation and deliver it to a person believed to be committing a civil violation and is hereby declared to have the authority and the duty of enforcing this chapter for that purpose. A copy of each original citation shall be given to the Finance Director or his designee.

Finance Director. The Finance Director or his designee is hereby declared to be the official with the duty of enforcing this chapter with respect to receiving and filing a copy of each original citation and any fines or notices of intention to stand trial; mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set forth in the citation; and notifying the District Court of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice thereof has been given.

Prosecution. The County Attorney and the State's Attorney for Queen Anne's County are each authorized to prosecute any civil violation under this chapter.

§ 9-29 Trap-neuter-return.

[Added 2-8-2022 by Ord. No. 21-11]

Trap-neuter-return shall be permitted to be practiced by community cat caregivers, organizations, and animal control, in compliance with any applicable federal or state law. Animal Services or its designee and any contracted rescue organizations shall prioritize trap-neuter-return as the preferred disposition for impounded community cats.

As a part of trap-neuter-return, spay or neuter and vaccination for rabies shall take place under the supervision of a licensed veterinarian.

Community cat caregivers are empowered to reclaim impounded community cats without proof of ownership and without paying any fees and/or charges solely for the purpose of carrying out trap-neuter-return and/or returning eartipped community cats to their original locations.

A community cat caregiver who returns a community cat to its original location while conducting trap-neuter-return is not deemed to have abandoned the cat.