[HISTORY: Adopted by the County Council of
Talbot County 5-24-2005 by Bill
No. 974.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animal waste in agricultural operations — See Ch. 128.
[1]
Editor's Note: This bill also repealed former
Ch. 15, Animals, adopted 10-25-1994 by Bill No. 560.
This chapter is intended to promote the public
health, safety, and welfare in connection with the care, custody,
and control of animals. State law also establishes certain licensing
fees and requirements, and certain criminal acts with regard to the
care and treatment of animals. This chapter is intended to provide
supplemental additional regulation. Nothing in this chapter is intended
to supersede, modify, or repeal any existing state law, rule, or regulation,
except to the extent that state law delegates the power to the County
Council to do so and the Council has exercised that authority expressly
or by necessary implication.
For the purposes of this chapter, the following
words and phrases shall have the meanings defined in this section:
A licensed veterinarian or other person authorized by law
has immunized an animal against rabies in accordance with the current
year's recommendations as circulated by the Department of Health,
and documented the rabies immunization by issuing a valid rabies certificate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A living creature except a human being.
An agency or individual appointed or contracted by the County
Council to oversee animal control pursuant to this chapter.
An individual employed by the Animal Control Authority to
oversee, implement, and enforce animal control pursuant to this chapter.
Any individual authorized by the Animal Control Authority
or Animal Control Officer to implement and enforce the provisions
of this chapter.
An organization or person(s) who regularly maintains 10 or
more animals at one time for the purpose of rehabilitation and/or
re-homing.
[Added 4-9-2019 by Bill
No. 1408]
An animal which is not on the owner's property or under the
immediate physical control of a responsible person capable of physically
restraining it; provided, however, that dogs will be permitted to
run at large when accompanied by the owner, bailee, or authorized
agent if the dog is being used or trained for hunting, or is being
accompanied by its owner, bailee, or authorized agent on horseback.
A facility with capacity to house 10 or more dogs and/or
cats in exchange for payment.
[Added 4-9-2019 by Bill
No. 1408]
A facility operated by persons who own or house six or more
unaltered female dogs or cats over the age of six months with the
intent to breed and produce at least three litters of puppies or kittens
each calendar year for sale.
[Added 4-9-2019 by Bill
No. 1408]
A dog that without provocation has killed or inflicted severe
injury on a person or is determined by the Animal Control Board to
be a potentially dangerous dog and, after the determination is made,
bites a person; when not on its owner's real property, kills or inflicts
severe injury on a domestic animal; or attacks without provocation.
The Executive Director of the Animal Control Authority.
[Added 4-9-2019 by Bill
No. 1408]
Temperatures below 32° F. or above 85° F., or during
an active weather warning issued by the National Weather Service or
Talbot County Department of Emergency Services.
[Added 4-9-2019 by Bill
No. 1408]
The act or sufferance of either feeding or sheltering an
animal on one's premises.
Any person having a right of property in an animal, any person
who keeps or harbors it, any person who has it in his care or custody,
or permits it to remain on, or about, any premises he occupies or
controls.
Real property owned or leased by the owner of the dog. "Owner's
real property" does not include a public right-of-way or a common
area of a condominium, apartment complex, or townhouse development.
[Note: This definition is from Md. Code Ann., Criminal Law Art., § 10-619(A)(3).]
A pet store which sells animals for profit, including, but
not limited to, dogs and cats.
[Added 4-9-2019 by Bill
No. 1408]
A dog that the Animal Control Board has determined to have:
Any animal which, on repeated occasions, has
been engaging in one or more of the following behaviors:
[Amended 8-28-2018 by Bill No. 1403]
Running at large;
Excreting on private property other than its
owner's;
Damaging property;
Molesting passersby;
Chasing vehicles;
Harassing, chasing, tormenting, or injuring
livestock, domestic or farm animals; or
Acting in any manner which is injurious to property
or to public health, safety, and welfare.
A public nuisance includes any animal that is
known to have bitten or injured one or more persons or animals; but
not including:
The first instance of a provoked bite, which
means a bite that resulted from human activity, such as an individual
attempting to play with, pet, feed, handle, hold, or redirect an animal's
actions;[1]
A dog that, while on its owner's real property,
kills or inflicts severe injury on a domestic animal; or
An animal belonging to a government agency for
conduct occurring while the animal is acting in the official performance
of its authorized duty.
A public nuisance includes a dead animal not
properly disposed of that, by reason of its presence, appearance,
odor, or other condition, poses a threat to the health of any person,
animal, or the public generally.
Any evidence accounting an act or occurrence in the past,
in written or electronic form.
[Added 4-9-2019 by Bill
No. 1408]
Secured by leash and in the custody of a responsible person
who is capable of, and does, retain continuous control of the animal.
Except for vicious animals and dangerous dogs, it also means an animal
that is in the custody of a responsible person and obedient to that
person's order.
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
A heated or properly ventilated shed, garage, or outbuilding
that has a floor, a roof, and four walls, one of which shall contain
a doorway. The following shall not be considered proper shelter: a
crawl space which is under a building or part of a building, the space
under or inside of a vehicle, any structure made from pressure-treated
wood which contains the chemicals arsenic or chromium, a floor consisting
of wire or chain link, or any structure made from cardboard or other
materials that are easily degraded by the elements. However, for rabbits
only, a shelter may have a wire floor with its openings no larger
than two inches by one inch. Additionally, at the discretion of the
Animal Control Authority, a doghouse fitting the requirements of a
properly insulated doghouse or a heated doghouse may be considered
a suitable shelter depending upon the body condition and breed of
the dog in question.
[Added 4-9-2019 by Bill
No. 1408]
Form of restraint which means a chain, rope, tether, leash,
cable or other device that attaches a dog to a stationary object or
trolley system.
[Added 4-9-2019 by Bill
No. 1408]
A facility housing and caring for animals (usually dogs)
for a finite period of time in order to train the animals for the
owners in exchange for payment.
[Added 4-9-2019 by Bill
No. 1408]
Not readily available to provide for an animal.
[Added 4-9-2019 by Bill
No. 1408]
Any animal that attacks or injures a domestic animal or person;
or exhibits aggressive or dangerous behavior while it is not adequately
confined or restrained. No animal belonging to a government agency
shall be deemed a vicious animal for conduct occurring while the animal
is acting in the official performance of its authorized duties.
[Amended 4-9-2019 by Bill
No. 1408]
[1]
Editor's Note: The definition of a "provoked
bite" is from COMAR § 10.06.02.02(21).
A.
License required. The owner or custodian of any dog
or cat over four months of age shall obtain a license for the dog
or cat as provided in this chapter. However, fees for individual licenses
for dogs and cats who reside at a licensed boarding, breeding, training,
animal rescue and/or pet sale facility shall be waived.
[Amended 4-9-2019 by Bill
No. 1408]
B.
Applications for licenses. Application for licenses shall be made to the Animal Control Authority, or to any license agent, accompanied by the appropriate fee as established by law. Applications made after December 31 in any license year in compliance with § 15-3D shall be prorated to 1/2 the regular fee, and the license agent commission shall be prorated accordingly.
C.
Rabies vaccination. The applicant for any license
shall prove that each animal for which a license is requested has
been adequately vaccinated as a condition of obtaining a license.
D.
Residents. New residents shall obtain a license within
30 days following the establishment of residence within the County;
existing residents shall obtain a license within 30 days after acquiring
a dog or cat.
E.
Nonresidents. Nonresidents bringing a dog or cat to
the County for less than 30 days need not obtain a license for the
animal, provided that:
F.
Guide or service dogs. If the dog for which the license
is sought is a guide or service dog, professionally trained to aid
the blind or visually handicapped, or deaf or hearing impaired, or
mobility impaired, as the case may be, and is actually in use for
such purpose, the license therefor shall be issued without the payment
of any fee and the licensing agent shall inscribe across the face
of the license in red ink the words "guide dog."
(1)
The application shall be accompanied by an affidavit
from the owner or owners stating that the dog for which the license
is sought has been professionally trained as a guide or service dog,
and stating that the owner or owners are aware that the owner(s) may
be liable, under Md. Code Ann., Human Services Art., §§ 7-704
and 7-705, for damages caused by the guide or service dog to premises
or facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The applicant for a guide or service dog license shall
be issued an orange license tag in addition to the tag issued pursuant
to this chapter. The orange tag shall be labeled "guide dog" and shall
indicate that it is issued by the state.[1]
[1]
Editor's Note: Pursuant to Md. Code Ann.,
State Finance Art., § 4-316, the Department of General Services
shall purchase the orange tags and make them available to the County
upon reimbursement for the cost of the tags.
G.
License year. All licenses shall be valid for one
year from each July 1 to June 30 of the following year.
H.
Transfer of license prohibited.
(1)
The license for an animal may not be transferred between
owners;
(2)
The license for an animal may not be transferred between
animals;
(3)
By the first day of the month following any transfer
of ownership of any dog or cat, the owner(s) shall submit a County
transfer form notifying the Animal Control Authority of the transfer.
I.
Display of tags.
(1)
Metal license tags shall be securely fastened to each
dog's choke chain, collar, or harness and worn by the dog at all times,
unless the dog is engaged in supervised hunting or other sport where
the chain, collar, or harness would endanger the dog's safety or adversely
affect its use or purpose.
J.
Lost license tags. A replacement license tag shall
be issued to the animal's owner upon application and payment of a
fee set from time to time by the County Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
Failure to obtain license. Failure to obtain a license
shall constitute a civil infraction punishable by a fine not to exceed
$50.
L.
License agents. The County Manager is authorized to
appoint and remove license agents who, serving as independent contractors,
shall be authorized to issue licenses and to collect license fees.
License agents shall remit all license fees due, net of commissions,
to the Finance Officer according to the requirements of this chapter.
M.
License agent compensation. License agents shall receive
a commission of 50% of the license fees collected by them in accordance
with the procedures established by the Finance Officer. The Finance
Officer may require license agents, except the Animal Control Authority,
to give bond with a corporate surety conditioned upon the proper performance
of their duties, in such amount as the Finance Officer shall prescribe.
N.
License agent accounting.
(1)
License agents shall keep accurate and complete records
of all fees collected by them and shall furnish the Finance Officer
a complete and accurate listing of the licenses issued and a detailed
accounting of all fees collected. Licensing agents shall remit to
the Finance Officer, monthly, 50% of the total fees collected.
(2)
License agents shall, at least monthly, furnish the
Animal Control Authority a complete and accurate listing of the numbered
licenses issued, the name, address, and telephone number of each person
to whom each license has been issued, the name and a complete description
of the animal, and each animal's license number.
O.
Public records. Records generated by license agents
transmitted to the Finance Officer and to the Animal Control Authority
are public records available for inspection pursuant to the requirements
of law.
P.
Appeals. Any person aggrieved by any decision of any
license agent may appeal the same to the Animal Control Board within
30 days of the decision in accordance with the procedures set forth
in this chapter.
[Added 4-9-2019 by Bill
No. 1408]
A.
The owner
of a boarding, breeding, training, animal rescue and/or pet sale facility
shall be required to obtain a license from the Animal Control Authority
to operate such facility.
B.
The Animal
Control Authority shall conduct an inspection of the facility each
calendar year and such inspection shall include any records of the
facility related to the care of animals and supplies for such animals,
any records contained in the holding facility that are required to
be kept by federal, state, or County law within the previous 12 months
and documentation that any animal held on the premises within the
12 months prior to inspection had received veterinary care during
their time at the facility and received rabies vaccinations. If a
violation of this chapter is found upon such inspection, the Animal
Control Authority shall have continuing authority to reinspect until
compliance is achieved.
C.
Minimum
standards. In addition to the other requirements of this chapter,
a facility shall comply with the minimum standards established in
this section, the application of which shall be in conformity with
individual species requirements and common veterinary practices, to
include, but not be limited to, the following:
(2)
Quarters.
(a)
All animals and animal quarters shall be kept in a clean and sanitary
condition.
(b)
Floors of buildings, runs, and walls shall be of a material that
will permit proper cleaning and disinfecting.
(c)
Adequate lighting, ventilation and temperatures shall be maintained.
(d)
Proper washing and disinfecting of crates, runs, walls and other
areas where animals are housed shall be done regularly.
(4)
Size
of cage. Each cage shall be of sufficient size that an animal will
have room to stand, turn, and stretch to the animal's full length.
(5)
Exercise.
All animals housed in facilities shall be properly exercised in accordance
with the age and species of the animal.
(6)
Illness
or injury.
(a)
If an animal in a facility demonstrates signs of illness or disease,
the animal shall be isolated in a manner that will prevent the spread
of the illness or disease to other animals.
(b)
The owner or lessee of a facility shall provide or cause to be provided
appropriate care for sick, diseased, or injured animals.
(c)
The owner or lessee of a facility shall provide or cause to be provided
appropriate veterinary care for sick, diseased, or injured animals
within 24 hours of the onset of the injury or illness.
D.
License
application filing requirements. Every application for a new or renewal
license shall be made to the Animal Control Authority and shall be
accompanied by the specified license fees. The application shall contain
the following:
(1)
The
type of license desired.
(2)
The
particular place for which the license is desired, designating the
street name and number, and also a description of the portion of the
building in which the business will be conducted.
(3)
The
name and residence address of all of the individuals who own a percentage
of the business.
(4)
A
statement that neither the business nor any one of the individual
owners nor any employee of the business has ever been convicted of
a felony or of a misdemeanor involving cruelty to animals in the State
of Maryland, any other state, or of the United States or any foreign
country.
(5)
A
statement that neither the business nor any one of the individual
owners has had their ability to care, train, or breed animals revoked
or suspended.
(6)
An
inspection of the facility by the Animal Control Authority must occur
before a license can be issued.
E.
Decision.
(1)
After
reviewing the application and performing the required inspection,
the Animal Control Authority shall make a determination whether or
not to issue a license. If the Animal Control Authority is not willing
to issue a new or renewal license without a public hearing, the Animal
Control Authority shall request that the Animal Control Board hold
a public hearing on such applications, and the decision to issue such
license shall be made by the Animal Control Board after such hearing.
(2)
The
Animal Control Authority shall be authorized, but not required, to
provide the Board with a recommendation on new or renewal license
applications, including conditions, limitations, and restrictions
to ensure that the facility complies with applicable law. The Board
shall consider these recommendations before making a decision on the
application.
(3)
The
Board shall approve an application for a facility unless the Board
finds that:
(a)
The license application is incomplete;
(b)
The applicant has made false, inaccurate, incomplete or incorrect
statements in connection with the application;
(c)
The business, the individual owners of the business, or any one of
the employees of the business has been convicted of a felony or of
a misdemeanor involving cruelty to animals in the State of Maryland,
any other state, or of the United States or any foreign country and/or
has had their ability to care, train, or breed animals revoked or
suspended, and the Board believes that such history should prohibit
the involvement of the business or individual owner from the care
of animals;
(d)
There are other substantial reasons in the discretion of the Board
why the license should not be issued, in which event the Board shall
deny the license.
F.
Suspension
or revocation of license.
(1)
General
provisions.
(a)
Any license issued under the provisions of this section may be revoked
or suspended for any period by the Animal Control Board for any cause
which, in the judgment of the Board, is necessary to promote the health
and welfare of animals. A license may be revoked or suspended by the
Board based upon, but not limited to, any of the following findings:
[1]
Conviction by the owner or any one of the employees of the facility
of a criminal violation involving the mistreatment or neglect of animals.
However, a conviction by an employee is only grounds for a revocation
or suspension if the underlying events for the criminal violation
occurred on the property of the facility;
[2]
Any finding of fact in a criminal proceeding that would be sufficient
to sustain a judgment or verdict of guilt for any violation of state
law related to the mistreatment or neglect of animals by the owner
or an employee of the facility, regardless of whether that finding
is stricken and probation before judgment is granted;
[3]
The facility is found to be maintained in an unsanitary or inhumane
manner; or
[4]
The facility repeatedly and willfully violates any provision of state
law or the Talbot County Code related to animals.
(2)
For
purposes of this section, a conviction is deemed to have occurred
whenever a person accused of a crime pleads guilty or nolo contendere,
or is found guilty of an offense.
(3)
Procedure
for revocation or suspension. The Animal Control Board may, on recommendation
of the Animal Control Authority, revoke or suspend any license issued
under the provisions of this section. Such action shall not be taken
until the Board has conducted a hearing upon the complaint, notice
of which shall be mailed or delivered to the license holder at least
10 days before the hearing. In a hearing under this section, the Animal
Control Authority shall be the first to present evidence to the Board;
the license holder shall then present its evidence, to be followed
by any further evidence to be presented by the Animal Control Authority.
The Board may also receive public comment. Within 30 days of the hearing,
the Board shall issue its decision, setting forth its findings.
G.
Appeals.
(2)
The
decision approving, suspending, revoking, restricting, or refusing
to approve, suspend, revoke or restrict any license or licensee shall
be subject to appeal in the manner provided in this section.
(3)
Who
may appeal. A licensee, a license applicant, or the Animal Control
Authority may appeal a final decision of the Board to the Circuit
Court if the licensee, license applicant, or the Animal Control Authority
is aggrieved by the decision.
(4)
Court
costs. The Clerk of the Circuit Court, before docketing an appeal,
shall first collect from the person or persons so appealing all court
costs and a statement from the Board that the costs for getting records
and transcripts of proceedings of the hearing before the Board have
been paid. Costs may not be assessed against the Board.
(5)
Scope
of appeal.
(a)
Upon the hearing of such appeal, the action of the Board shall be
presumed by the Court to be proper and to best serve the public interest.
The burden of proof shall be upon the petitioner to show that the
decision complained of was against the public interest and that the
Board's discretion in rendering its decision was not honestly and
fairly exercised, or that such decision was arbitrary, or procured
by fraud, or unsupported by any substantial evidence, or was unreasonable,
or that such decision was beyond the powers of the Board and was illegal.
The case shall be heard by the Court without the intervention of a
jury. If in the opinion of the Court it is impracticable to determine
the question presented to the Court, in the case on appeal, without
the hearing of additional evidence, or, if in the opinion of the Court,
any qualified litigant has been deprived of the opportunity to offer
evidence, or if the interests of justice otherwise require that further
evidence should be taken, the Court may hear such additional testimony
to such extent and in such manner as may be necessary or may remand
the case to the Board for that purpose.
(b)
In such actions of appeal the Board may be represented by its attorney.
(c)
The Board's decision shall be affirmed, modified, reversed, or remanded
to the Board. Costs shall be awarded as in other civil cases.
(6)
Further
appeals. Further appeals shall be governed by the provisions of Md.
Code Ann., Agriculture Art., § 2-1601.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Violation
of this section shall not result in monetary penalties.
A.
Generally. Animal Control personnel may impound any
domesticated animal whenever they have reasonable grounds to believe
that it is:
(1)
Running at large without a license;
(2)
Running at large, displaying a current license, in
response to a complaint by a landowner or tenant; provided, however,
that prior to impoundment an attempt will be made to return the animal
to its home;
(3)
A public nuisance;
(4)
For dogs, cats and rabbits, being subjected to extreme weather conditions
without a suitable shelter and an owner/guardian is not present to
rectify the situation; or
[Added 4-9-2019 by Bill
No. 1408]
(6)
An unconfined vicious animal, either unrestrained
or unmuzzled; or
(7)
An unconfined dangerous dog, either unrestrained or
unmuzzled.
B.
State law unaffected. Nothing in this chapter is intended
to enlarge or restrict any authority to impound an animal pursuant
to state law. Animals impounded pursuant to state law shall nevertheless
be subject to the administrative remedies and the jurisdiction of
the Animal Control Board as provided in this chapter.
C.
Notice to owner. When an animal is impounded, Animal
Control personnel shall notify the owner of the date, time, location
and reasons for its impoundment. The notice shall include a list of
conditions, if any, which the owner must fulfill to reacquire possession
of the animal.
D.
Waiting period.
(1)
Where the animal's owner cannot be identified and it is not claimed within 168 hours after being impounded, the animal may be adopted out or euthanized in accordance with procedures established by the Animal Control Board pursuant to § 15-15B.
(2)
Exceptions:
(a)
Feral cats may be euthanized immediately;
(b)
Animals that are seriously diseased or severely
injured may be euthanized immediately;
(c)
Animals under three months of age may be euthanized
immediately;
(d)
Dangerous dogs or vicious animals may be euthanized
72 hours after being impounded;
(e)
Animals that are unadoptable, as determined by qualified Animal Control personnel in accordance with written regulations adopted by the Animal Control Board pursuant to § 15-15B, may be euthanized 120 hours after being impounded; and
(f)
When available space in the animal shelter limits
the number of animals that can be accommodated, the length of time
that an animal is required to be held before being adopted out or
euthanized may be shortened from 168 to 120 hours if necessary to
provide space to accommodate nonimpounded adoptable animals.
E.
Charges for impoundment. The Animal Control Authority's
charges for impoundment shall be reasonably related to the cost of
providing the service. No legally impounded animal shall be released
to an owner unless all charges incident to the confinement have been
paid. Owners of illegally impounded animals, or persons prevailing
in an appeal to the Animal Control Board or in any court proceeding,
shall obtain release of the animal without charge for impounding service
fees, boarding, or veterinary care.
(1)
Whenever an animal is legally impounded pursuant to
this chapter or state law, the owner thereof shall pay an impounding
service fee according to a schedule adopted by the County Council
as a condition of release of the animal.
(2)
In addition to the impoundment service fee, the owner
shall pay the costs of any required veterinary care, boarding fee,
and a license fee for any unlicensed animal.
(3)
Impoundment service fees shall be payable to and retained
by the Animal Control Authority to offset the expenses incurred in
impounding the animal. All fees received by the Animal Control Authority
shall be reported annually to the County Council by separate line
item during the budget process.
F.
Stay pending owner identification or appeal. No animal
impounded pursuant to the terms of this chapter may be adopted out,
neutered, spayed, or euthanized during:
A.
Procedures for adoption. Any person obtaining possession
of a stray unlicensed dog or cat who wishes to adopt the dog or cat
shall, within 24 hours, deliver it to the Animal Control Authority
or request Animal Control personnel to take physical custody and transport
it to the shelter.
B.
Procedures to locate owner. The Animal Control Board
may establish or amend criteria and procedures to identify or locate
the owner, and to determine eligibility for adoption, which shall
have the force and effect of law when approved by resolution of the
Council. Approval of any such resolution shall occur no later than
90 days prior to the annual renewal of any contract with the Animal
Control Authority.
[Amended 4-9-2019 by Bill
No. 1408]
A.
Generally.
A vicious animal or dangerous dog must be confined at all times while
on the premises of the owner or person in possession of the animal.
The animal shall not be taken out of such confinement unless securely
muzzled and under restraint. Upon a violation of this section, in
addition to any criminal prosecution or fine authorized by this chapter,
the Animal Control Board may order the animal destroyed and direct
the owner to refrain from possessing or owning other animals for a
period not to exceed three years. Confinement by electric fence and
use of retractable leashes are not allowed for vicious animals and
dangerous dogs. While a vicious animal or dangerous dog is off the
property where the animal resides, the animal must be kept on a six-foot
or shorter leash.
B.
Basis for
declaration. A declaration of vicious animal or dangerous dog shall
be based on:
Any person who violates any provision of § 15-7 shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not to exceed $500 or be imprisoned for not to exceed 90 days.
A.
No person shall attempt to interfere with the Animal
Control Officer or Animal Control personnel in the lawful performance
of their duties under this chapter;
B.
No person shall attempt to obtain the release, without
permission from the Animal Control Authority, of any animal legally
impounded or otherwise confined on shelter property pursuant to this
chapter; and
C.
No person shall fail to confine, restrain, or muzzle
a vicious animal or dangerous dog in violation of this chapter.
Any person who violates any provision of § 15-8 shall be guilty of a municipal infraction. Adjudication of a violation under this section is not a criminal conviction, and it does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.
A.
All owners shall care for the grounds where their
animals are kept so as to prevent the area from becoming a public
nuisance or unhealthy for the animals kept thereon.
B.
All owners shall exercise care and control over their
animals to prevent them from becoming a public nuisance.
C.
No owner shall fail or neglect to properly dispose
of a dead animal.
D.
No owner shall fail to obtain a license as required
by this chapter.
E.
F.
A person
shall provide an owned domestic dog, cat, or rabbit access to a suitable
shelter which provides adequate protection upon the onset of extreme
weather conditions. The space available to the animal in the shelter
shall be maintained in a safe and healthful manner, free of standing
water, accumulated waste and debris, protected from flooding and provided
with adequate ventilation to allow the animal to remain dry and maintain
a normal body temperature and exposure to natural or artificial light
and provide adequate protection from the weather conditions at hand.
[Added 4-9-2019 by Bill
No. 1408]
G.
A person
must not tether a dog under circumstances that endanger its health,
safety, or well-being, as stated below. Failure to provide relief
to a dog in distress when exposed to any of the conditions listed
below is proof that the dog was improperly, i.e., cruelly, tethered:
[Added 4-9-2019 by Bill
No. 1408]
(1)
Leaving
a dog on a tether unattended at any time;
(2)
Tethering
a dog between the hours of midnight and 6 a.m.;
(3)
Tethering
of a dog during a weather emergency, or a dog-control emergency declared
by the Director;
(4)
Using
a tether that weighs more than 1/8 of the dog's body weight;
(5)
Using
a tether that does not have a swivel attached on each end;
(6)
Using
a tether that is less than five times the length of the dog, as measured
from the tip of its nose to the base of its tail;
(7)
Tethering
that unreasonably limits a dog' s movement;
(8)
Tethering
under conditions where the dog or tether can become entangled on the
tether or some other object;
(9)
Tethering
that restricts a dog's access to suitable and sufficient food, clean
water, and appropriate shelter;
(10)
Tethering
in unsafe or unsanitary conditions;
(11)
Tethering
that does not allow a dog to defecate or urinate in an area separate
from the area where it must eat, drink, or lie down; or
(12)
Tethering
that causes injury, stress, or demonstrable socialization problems.
H.
A person
shall not tether, chain, fasten, tie, or otherwise restrain a cat
to a house, tree, fence., or other stationary or immobile object.
[Added 4-9-2019 by Bill
No. 1408]
I.
Exception.
Nothing in this regulation prohibits:
[Added 4-9-2019 by Bill
No. 1408]
K.
Violations of § 15-8F shall result in a fine of $500 for the first violation for each involved animal, $1,000 for the second violation with the same animal, and $1,500 for the third violation with the same animal. Violations of § 15-8G and H shall result in a fine of $100 for the first violation for each involved animal, $200 for the second violation with the same animal, and $300 for the third violation with the same animal. Procedures for the issuance of such violations are detailed elsewhere in the Code.
[Added 4-9-2019 by Bill
No. 1408]
A.
General.
(1)
The County Council may provide a civil fine as a penalty
for a violation of this chapter. Except as provided otherwise, a civil
fine shall be enforced by the issuance of a citation as provided in
this section.
(2)
A citation may be served in accordance with Maryland
Rule of Procedure 3-121 on a person believed to be committing a violation
of this chapter for which a civil fine has been provided. The office
or department that issues the citation shall retain a copy of it.
The citation shall contain:
(a)
The name and address of the person charged;
(b)
The nature of the violation;
(c)
The place and time that the violation occurred;
(d)
The amount of the fine assessed;
(e)
The manner, location, and time in which the
fine may be paid;
(f)
The person's right to elect to stand trial for
the violation; and
(g)
A certification attesting to the truth of the
matters set forth.
B.
Fines. Except as otherwise provided, the schedule
of fines for a violation prosecuted by the issuance of a citation
is:
C.
Trial. A person who receives a citation may elect
to stand trial for the violation by filing with the Animal Control
Authority or other office or department that issued the citation a
notice of intention to stand trial. The notice shall be given at least
five days before the date of payment set forth in the citation. On
receipt of the notice of intention to stand trial, the Animal Control
Authority, office, or department that issued the citation shall forward
to the District Court having venue a copy of the citation and the
notice of intention to stand trial. On receipt of the citation, the
District Court shall schedule the case for trial and notify the defendant
of the trial date.
D.
Fines. All fines, penalties, or forfeitures collected
by the District Court for violations enforced by the issuance of citations
under this section shall be remitted to the County.
E.
Failure to pay. If a person who receives a citation
for a violation fails to pay the fine by the date of payment set forth
on the citation and fails to file a notice of intention to stand trial,
a formal notice of the violation shall be mailed by first class mail
to the person's last known address. If the citation is not paid within
15 days after the date of the notice, the person is liable for a fine
of twice the amount of the original fine. If the citation is not paid
within 35 days after the date of the notice, the office or department
that issued the citation may request adjudication of the violation
in the District Court. The District Court shall schedule the case
for trial and summon the defendant to appear.
F.
Record of violation. Adjudication of a violation under
this section is not a criminal conviction, and it does not impose
any of the civil disabilities ordinarily imposed by a criminal conviction.
G.
Prosecution. The violation shall be prosecuted in
the District Court in the same manner and to the same extent as set
forth for municipal infractions in Md. Code Ann., Local Government
Art., § 6-108 through § 6-115. The Talbot County
Office of Law may prosecute the violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
General. The Animal Control Officer may issue an administrative
abatement order to any person whenever there is probable cause to
believe that the person is violating any provision of this chapter.
The administrative abatement order shall contain:
(1)
The name and address of the person;
(2)
The nature of the violation;
(3)
The manner, place, and time that the violation occurred;
(4)
The action necessary to abate, correct, or discontinue
the violation, or to comply with the provisions of this chapter;
(5)
A certification attesting to the truth of the matters
set forth; and
(6)
The person's right to appeal the administrative abatement
order to the Animal Control Board.
B.
Finality. The administrative abatement order shall
become final 30 days after issuance, unless:
(1)
An appeal is filed to the Animal Control Board; or
(2)
Under the circumstances, abatement, correction, discontinuance,
or compliance cannot reasonably be accomplished within 30 days. In
that event, the administrative abatement order shall establish a reasonable
time and set forth a date for abatement, correction, discontinuance,
or compliance.
C.
Appeal. The person may file an appeal to the Animal
Control Board within 30 days of the date of the administrative abatement
order, or until the last day by which abatement, correction, discontinuance,
or compliance is required, whichever is later.
The County Council may, by contract, appoint
or engage an Animal Control Authority as the enforcement authority
for animal control and the dog and cat licensing provisions of this
chapter. The Animal Control Authority shall appoint an Animal Control
Officer, who shall have supervisory authority with regard to enforcement
and administration of this chapter, as an independent contractor,
under the general supervision of the County Manager.
The Animal Control Authority may appoint or
employ Animal Control personnel, who, acting under the supervision
of the Animal Control Officer, shall be empowered to implement and
enforce the provisions of this chapter.
A.
If the owner of an animal found in critical condition
from wounds, injuries, or disease cannot be contacted within a reasonable
length of time, the animal may be euthanized at the discretion of
the Animal Control Officer or a Maryland-licensed veterinarian. The
owner shall be contacted as soon as possible and shall make arrangements
for the burial, cremation, or other approved removal of the animal.
If acting in good faith, any person euthanizing any animal under any
provision of this chapter shall be immune from liability.
B.
Dogs or cats found at large without a license which have bitten or scratched a human or another animal may be euthanized in accordance with procedures established by the Animal Control Board pursuant to § 15-15B.
C.
If the animal fails to display a license and does
not have an implanted microchip identifying its owner, and if circumstances
require that an animal be euthanized or adopted out before identification
of and notice to the animal's owner, then the Animal Control Authority,
the Animal Control Officer, Animal Control personnel, the County,
its or their officers, agents, and employees, provided they act in
good faith, are immune from any liability in any suit or action by
an owner or other person for authorizing or administering euthanasia
or adopting out the animal without prior notice.
A.
Members. The Animal Control Board shall consist of
five permanent members and two alternate members appointed by the
County Council. The Board shall be composed of at least one veterinarian
or veterinary technician, one member of the agricultural community,
and other persons having specialized knowledge or expertise relevant
to the Board's functions. Three members shall constitute a quorum
for the transaction of business. Each member shall be an adult resident
of Talbot County. Members shall serve without compensation but shall
be entitled to reimbursement for reasonable expenses duly approved
by the Finance Officer.
B.
Term. Each member shall serve for a term of three
years or until a successor is appointed, except that the first term
shall be as follows: one member for one year, two members for two
years, and two members for three years. Members shall be eligible
for reappointment.
C.
Officers. The Board shall annually select a Chairman
and any other officers deemed necessary.
D.
Meetings. The Animal Control Board shall meet upon
the call of the Chairman or any two members.
[Amended 8-10-2010 by Bill No. 1184]
E.
Rules of procedure. The Animal Control Board shall
adopt rules of procedure governing its proceedings, which shall have
the force and effect of law when approved by resolution of the Council.
A.
Legislative recommendations. The Animal Control Board
shall make advisory recommendations to the County Council, regarding
changes, implementation, and administration of the animal control
laws of the County.
B.
Regulations. The Animal Control Board shall develop,
review, and periodically update a comprehensive set of regulations
for the Animal Control Authority and the Animal Control Officer for
the implementation, administration, and enforcement of the animal
control laws of the County, which shall have the force and effect
of law when approved by resolution of the Council.
C.
Fees. The Animal Control Board shall, as part of the
annual budget process, make advisory recommendations to the County
Council concerning a schedule of fees under this chapter, including
fees for licensing, redemption, adoption, board, and other fees or
charges authorized or required by this chapter, which shall have the
force and effect of law when approved by the Council as part of the
annual budget.
D.
Fines. The Animal Control Board shall, as part of
the annual budget process, make advisory recommendations to the County
Council, concerning a schedule of fines to be imposed for violations
of this chapter, which shall have the force and effect of law when
approved by the Council.
A.
Notice. The Animal Control Authority shall provide
written notice to an owner or person claiming to be an owner of an
animal of any decision, order, action, or determination concerning
the animal by the Animal Control Authority, Animal Control Officer,
or Animal Control personnel. The notice shall be sent by first class
mail, postage prepaid, and shall advise the individual of their rights
to file an appeal under this chapter.
B.
Appeals. Any person aggrieved by any decision, order,
action, or determination of the Animal Control Authority, Animal Control
Officer, or Animal Control personnel arising either under this chapter
or under state law may file an appeal to the Animal Control Board.
Appeals shall be filed within 30 days of the date of the decision,
order, action, or determination of which review is sought.
C.
Complaints. On the written, verified, complaint of
the Animal Control Authority, the Animal Control Officer, Animal Control
personnel, a law enforcement officer, or a private citizen, the Animal
Control Board shall conduct hearings to determine:
(1)
Whether an animal is a vicious animal as provided
in this chapter;
(2)
Whether an animal is a public nuisance as provided
in this chapter;
(3)
Whether there has been a violation of the provisions
of this chapter;
(4)
Whether there has been a violation of any order issued
by the Animal Control Board; or
(5)
Whether a dog is a dangerous dog or a potentially
dangerous dog as provided in this chapter.
D.
Procedure.
(1)
The appellant or complainant shall file a written
statement setting forth the basis of the appeal or complaint in specific
detail.
(2)
The Animal Control Board shall schedule a hearing
within 10 days after the appeal is filed.
(3)
The Animal Control Board shall give written notice
to all parties of a hearing on an appeal or complaint by either personal
delivery or certified mail, restricted delivery, return receipt requested.
The notice shall be mailed to all parties at least five days prior
to the hearing. The notice shall specify the nature of the appeal
or complaint and the time, date, and place of the hearing.
(4)
Subpoena power. The Animal Control Board may issue
a subpoena for the attendance of a witness or the production of documents
at any hearing of the Animal Control Board.
E.
Decisions. Within three days after a hearing, the
Animal Control Board shall issue a written decision setting forth
its findings of fact and stating the reasons for its decision. If
the Animal Control Board finds that a violation did not occur, the
Board shall dismiss the complaint.
F.
Enforcement. The Animal Control Board may prescribe
conditions consistent with this chapter and any applicable rules or
regulations to correct any violation and may order the violator to
abide by those conditions within a prescribed time limit. The Board
may provide for any disposition of any animal, including euthanasia.
Any person aggrieved by a final decision of
the Animal Control Board under this chapter may file an appeal to
the Circuit Court for Talbot County in accordance with the Maryland
Rules of Procedure.
