State legislation, currently codified in Title 10, Subtitle
6, of the Criminal Law Article of the Maryland Code, that unless otherwise
stated therein applies to all animals, whether or not domesticated,
including farm animals. The following sections in this article state
certain parts of the state legislation. If any matter in this article
conflicts with Maryland law, the latter shall apply.
In regard to all animals, subject to certain exceptions in state
law, a person may not:
A.
Overdrive or overload an animal.
B.
Deprive an animal of necessary sustenance.
C.
Inflict unnecessary suffering or pain on an animal.
D.
Intentionally mutilate, torture, cruelly beat or cruelly kill an
animal or cause, procure or authorize any such act.
E.
If the person who has charge or custody of an animal, unnecessarily
fails to provide the animal with nutritious food in sufficient quantity,
necessary veterinary care, proper drink, air, space, shelter or protection
from the weather.
Subject to certain exceptions contained in state law, a person
may not:
A.
Bring into the state, possess or breed a fox, skunk, raccoon, bear,
caiman, alligator, crocodile, member of the cat family other than
the domestic cat, member of the dog family other than the domestic
dog, nonhuman primate (monkey, chimpanzee, etc.), or certain poisonous
snakes and various other animals specified in § 10-621(b)
of the Criminal Law Article of the Maryland Code, subject to exceptions
stated therein.
B.
Crop, dock or cut off the ear, tail or dewclaw of a dog.
C.
Surgically birth a dog.
D.
Surgically devocalize a cat or dog.
E.
Use or allow the use of a fowl, cock or other bird to fight or train
a bird to be used for such purpose.
F.
Use or allow a dog to be used in a dogfight, for training a fighting
dog or to test the fighting or killing instinct of another dog or
train a dog for any such purpose.
G.
Change the natural color of a chick, duckling or other fowl under
the age of three weeks.
A.
A person may not leave a dog outside and unattended by use of a chain,
rope, tether, leash, cable or other device that attaches a dog to
a stationary object or trolley system:
(1)
That causes injury to the dog, unreasonably limits movement of the
dog or restricts its access to suitable and sufficient clean water
or appropriate shelter;
(2)
That uses a collar that is made primarily of metal or is not at least
as large as the circumference of the dog's neck plus one inch;
or
(3)
In unsafe or unsanitary conditions.
B.
Violation of the foregoing constitutes a misdemeanor subject to imprisonment
not exceeding 90 days or a fine not exceeding $1,000, or both.
A.
DANGEROUS DOG
OWNER'S REAL PROPERTY
SEVERE INJURY
Definitions. In this section the following words have the meanings
indicated.
A dog that:
Real property owned or leased by the owner of a dog, and
does not include a public right-of-way or a common area of a condominium,
apartment complex, or townhouse development.
A physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
B.
Exception. This section does not apply to a dog owned by and working
for a governmental or law enforcement unit.
C.
Determination of a potentially dangerous dog. An appropriate unit
of a County may determine that a dog is potentially dangerous if the
unit finds that the dog:
(1)
Has inflicted a bite on a person while on public or private real
property;
(2)
When not on its owner's real property, has killed or inflicted
severe injury on a domestic animal; or
(3)
Has attacked without provocation; and
(4)
Notifies the dog owner in writing of the reasons for this determination.
D.
E.
Required notice. An owner of a dangerous dog or potentially dangerous
dog who sells or gives the dog to another shall notify in writing:
F.
Penalty. A person who violates this section is guilty of a misdemeanor
and on conviction is subject to a fine not exceeding $2,500.
A.
Court-ordered removal. If an owner or custodian of an animal is convicted
of an act of animal cruelty, the court may order the removal of the
animal or any other animal at the time of conviction for the protection
of the animal.
B.
Seizure. An officer or authorized agent of a humane society, or police
officer or other public official required to protect animals may seize
an animal if necessary to protect the animal from cruelty.
C.
Impounded animal.
(1)
If an animal is impounded, yarded, or confined without necessary
food, water or proper attention, is subject to cruelty, or is neglected,
an officer or authorized agent of a humane society, a police officer,
another public official required to protect animals, or any invited
and accompanying veterinarian licensed in the state, may:
(2)
A person who enters a place under this section is not liable because
of the entry.
D.
A person who removes an animal under Subsection C of this section shall notify the animal's owner or custodian of:
(1)
The removal; and
(2)
Any administrative remedies that may be available to the owner or
custodian. If an administrative remedy is not available, the owner
or custodian may file a petition for the return of the animal in the
District Court of the county in which the removal occurred within
10 days after the removal.
E.
An animal is considered a stray if:
A.
"Animal control unit" defined. In this section, "animal control unit"
means the local organization or government unit that the appropriate
local governmental body designates to house, care for, and control
domestic animals of unknown ownership.
C.
Waiting period. A domestic animal that is impounded by an animal
control unit may not be sold, placed, or destroyed until the animal
has been carefully inspected for a tag, tattoo, microchip or other
identification to ascertain the owner and:
D.
Retrieval of impounded animal.
(1)
An animal control unit shall make a reasonable effort to notify the
owner of the location of and the procedure for retrieving an impounded
animal.
(2)
An owner who retrieves an animal from an animal control unit shall
pay all fees, costs, and expenses incurred by the animal control unit.
(3)
The necessary expenses for food and attention given to an animal
under this section may be collected from the owner, and the animal
is not exempt from levy and sale on execution of a judgment for the
expenses.