[HISTORY: Adopted by the County Council of Dorchester County 8-15-2017 by Bill No. 2017-7.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bill also repealed former Ch. 78,
Dog Control, adopted 9-9-2003 by Bill No. 2003-14, as amended.
This chapter shall be known as and may be cited as the "Dorchester
County Dog Control Ordinance."
The following words, when used in this chapter, shall have the
meanings respectively ascribed to them in this section, unless otherwise
specifically defined in other parts of this chapter:
A facility designated or recognized by Dorchester County
for the purpose of impounding and caring for dogs.
A dog shall be deemed to be "at large" when off the property
of the owner and not under restraint.
The Dorchester County Sheriff's Office.
The person or persons employed or designated by the County
Council to enforce this chapter.
A structure with secured sides and tops to protect the animal
from the weather. There must be a floor, free from rot, dry and clear
of debris that could endanger the animal, with the exception of bedding
materials. The doghouse should not be considered sufficient for shade
from May 1 to October 1. The doghouse must be of a size appropriate
to the size of the dog living in it.
An animal of a tamed species commonly kept as a pet, such
as a dog or cat.
A fully contained area that is comfortable and safe for the
animal to walk around in.
The act of taking physical possession and control of an animal
by an animal control officer or other officer empowered to act by
law and transporting it to the animal control facility.
A person having the right of property or custody of a dog
or who keeps or harbors a dog or knowingly permits a dog to remain
on or about any premises occupied by the person.
Any person, entity, sole proprietorship, partnership or corporation,
whether operated separately or in connection with another business
enterprise, that sells or offers to sell two or more species of animals
to the general public with the intent that they be kept as pets.
Any dog that without provocation attacks, bites, or injures
a person, or domestic animal, either on public or private property.
The act of hitting, kicking, taunting or striking a dog by
a person with any object or part of a person's body, or the act
of pulling, pinching or squeezing any part of a dog's body by
a person.
A dog shall be deemed a public nuisance when it is a danger
to any person or when it engages in activities which disturb the peace
and quiet of any neighborhood, including, but not limited to, excessive
barking, whining or howling, chasing vehicles, attacking other domestic
animals or damaging property.
Secure chain, cable or trolley, invisible containment system,
or other tether of sufficient strength to prevent escape. If a dog
is confined on a tether, excepting periods of time that are brief
and incidental, the tether shall be sufficient in length and positioned
to prevent tangling and hanging.
Two chain-link mesh enclosures, one which fits inside the
other, both having the following:
A chain-link mesh or wood ceiling and chain-link mesh sides.
The ceiling of the inner enclosure must be securely attached
to the sides of the inner enclosure and the ceiling of the outer enclosure
must be securely attached to the sides of the outer enclosure.
The gates for both enclosures shall be securely locked.
The inner enclosure must also have a solid impenetrable floor.
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
Any dog for which ownership is not established or for which
the owner disclaims future responsibility.
Fastening a dog to a stationary object or stake as a means
of keeping the animal under control.
When the temperature is below freezing or above 90°.
Any fierce or dangerous dog which constitutes a physical
threat to persons or other animals by virtue of its specific demonstrated
behavior, with the exception of dogs belonging to a government agency
acting in the official performance of authorized duty.
A.
This chapter shall be administered and enforced by the Dorchester
County Sheriff's Office (the "Department").
B.
Responsibilities of the Department as administrator of this chapter
shall be to:
(2)
Review the annual budget of the dog control activities and make recommendations
to the County Council in accordance with the County budget procedure.
(3)
Recommend to the County Council any necessary changes in the law
or ordinance regarding the control of dogs.
(4)
With the consent and approval of the County Council in each specific
instance, to make contracts with third parties for animal control
services.
The provisions of this chapter shall apply throughout the unincorporated
area of Dorchester County, and services provided hereunder are available
to any incorporated area upon request; subject, however, to the availability
and appropriation in the annual budget of the County Council. The
County Council is not under any legal obligation to provide animal
control services to any incorporated city or town within Dorchester
County.
A.
It shall be unlawful for any person or owner to fail to provide his
or her dog with proper dog care as defined in this section.
B.
For the purpose of this section, the following standards shall apply:
(1)
There must be drinkable water in adequate supply.
(2)
The food shall be free from contamination and provided in sufficient
quantity.
(3)
The space shall be an area sufficient to enable a dog to stand to
its full height, turn around, lie down, and make normal postural adjustments
comfortably. Space and provision of exercise must be appropriate for
the species and sufficient to meet the needs of the dog.
(4)
The shelter shall provide protection from weather, i.e., sun, wind,
precipitation or other inclement or unsafe weather conditions, and
shelter that is maintained in a clean, sanitary condition, free from
extreme and unreasonable objectionable odor.
(5)
Necessary veterinary care shall be provided appropriate to the circumstances,
whenever a dog is known or suspected to have suffered an injury, accidental
or deliberate, or exhibit signs of disease such as shock, temperature
fluctuation, tremors, swelling, broken bones, open wounds, inability
to eat or drink, blistering, irregular or abnormal breathing, partial
or total paralysis, abnormal discharge or bleeding, mange, or other
signs of health problems.
(6)
It shall be unlawful to leave a dog unattended in a parked vehicle
without proper ventilation to prevent the dog from suffering physical
distress from heat exhaustion. If a dog is found to be in distress
by the animal control officer, he or she has the right to remove said
dog by any means necessary.
(7)
Neither chains, ropes, nor choke collars shall be accepted as collars
for a tethered dog. There must be at least a one-inch space between
the dog's neck and the collar. Collar material may consist of
chain, leather and/or plastic. Wire or cable collars are prohibited.
(8)
Bedding, such as wood shavings, straw or other absorbent material,
shall be provided in sufficient quantity for insulation against cold
and damp. Bedding shall be kept dry.
A.
The Dog Control Officer shall, whenever possible, seize and impound
any stray dog or dog at large, any diseased or vicious dog or any
public nuisance dog. Every dog so seized and impounded shall be cared
for and fed by the Department until disposition is made thereof as
directed. The Dog Control Officer may pursue any dog running at large
onto public property or on the unenclosed exterior premises of private
property.
B.
It shall be unlawful for any person to conceal any dog or falsely
deny ownership of any dog owned or harbored by provisions of this
chapter. No person shall attempt to or interfere with the Dog Control
Officer of the County in the performance of the Dog Control Officer's
duties nor shall any person attempt to or release without authority
any dog impounded pursuant to this chapter.
C.
Immediately upon impounding dogs, the Dog Control Officer shall make
a reasonable attempt to notify the owner of such dogs and inform him
of the conditions whereby he may regain custody. All dogs seized or
received at the animal shelter shall be held for at least five days
from the time of receipt. For dogs bearing license tags, the five
days shall begin upon notification of the owner; however, dogs surrendered
to the animal shelter by the owners for disposal or adoption may be
disposed of or sold for adoption pursuant to the provisions of this
chapter at any time after the expiration of 48 hours from the time
of receipt. Dogs received at an animal shelter in critical condition
from wounds, injuries or disease may be destroyed immediately by the
Dog Control Officer, after determining that the dog is not under quarantine
for rabies. Those persons shall not be held liable for the act.
D.
The Dog Control Officer shall maintain a complete record of all dogs
which pass through the animal shelter.
E.
Any dog deemed a "dangerous dog" pursuant to this chapter and/or
§ 10-619 of the Criminal Law Article of the Annotated Code
of Maryland, that is found either at-large or otherwise in violation
of § 10-619, can be impounded, held and disposed of by an
animal shelter with the same rights, duties, privileges, immunities
and notice requirements as provided in § 10-615 of the Criminal
Law Article (entitled "Care of mistreated and neglected animals")
of the Annotated Code of Maryland. In any judicial proceeding where
the relief sought includes return of such a dog, it shall be rebuttably
presumed that it is not in the interest of public safety to return
such a dog to its owner or to the person who was supposed to be caring
for it when it was impounded. In determining whether such a dog should
be returned, the court shall consider the totality of circumstances,
including public safety and any subsequent remedial measures by the
dog's owner.
F.
Potentially dangerous dog.
(1)
Upon receipt of written notification that the owner's dog is
a potentially dangerous dog, the owner shall:
(2)
Upon receipt of written notification that the owner's dog is
a potentially dangerous dog, the owner shall:
(a)
Within 30 days, pay for and attend obedience training, chosen
by the animal control authority. Within 10 days of the end of the
training, the owner shall provide documentation to the animal control
authority certifying successful completion of that training; and
(b)
Within 10 days, pay for the marking for identification of said
dog, either by tattoo or microchip, at the direction of the animal
control authority.
G.
Dangerous dog.
(1)
Upon receipt of written notification, an owner of the dog shall not
leave a dangerous dog unattended on the owner's property unless
the dog is confined indoors or in a locked and secure enclosure, and
the dog shall be securely muzzled and leashed at all times.
(2)
Within 10 days after receipt of written notification that the owner's
dog is a dangerous dog, the owner shall pay for the marking for identification
of said dog, either by tattoo or microchip, at the direction of the
animal control authority.
(3)
Within 30 days, pay for and attend obedience training, chosen by
the animal control authority. Within 10 days of the end of the training,
the owner shall provide documentation to the animal control authority
certifying successful completion of that training.
H.
Failure of the dog owner to properly ventilate a standing vehicle
or leaving an animal unattended in a parked or standing vehicle which
endangers the animal's health is considered an act of neglect
and a violation of this chapter.
I.
Failure to provide chain or cable of sufficient length or failure
to secure to collar is considered an act of neglect, and a violation
of this chapter.
J.
Failure to provide proper food, or proper water, or proper space
or proper shelter or protection from the elements, or proper veterinary
care, or proper exercise is considered an act of neglect and/or cruelty,
and a violation of this chapter.
K.
Crimes relating to animals. In addition to any other penalty imposed by law, a person convicted of any misdemeanor violation of the State "Crimes Relating to Animals," being Subtitle 6 of the Criminal Law Article of the Annotated Code of Maryland, shall be in violation of this § 78-5K and shall not possess or reside with any animal for a period of five years following entry of conviction. Violation of § 78-5K shall result in the immediate removal of the animal(s) by an authorized officer of the Dorchester County Animal Control Division. Violation of § 78-5K shall be a civil infraction as provided for in this chapter.
A.
The owner of any dog seized pursuant to the provisions of this chapter
may redeem it from the animal shelter within five days from the time
of its receipt by establishing his/her ownership to the satisfaction
of the Dog Control Officer, by securing a current license tag for
the dog if the owner is a resident of the County and by paying the
current redemption charges and by paying the maintenance of such dog
at the current daily rate and by having the dog vaccinated for rabies;
provided, however, that if a licensed dog is impounded, the owner
may redeem it by paying the maintenance as above provided.
B.
If any dog impounded under this chapter is not redeemed by its owner
within five days after notification thereof, it may be made available
by the Dog Control Officer for adoption as a pet upon payment of an
adoption fee.
C.
Any dog impounded under this chapter and not reclaimed by its owner
shall become the property of the County and may be disposed of in
a manner established by the County.
Any person having knowledge of a person being bitten or otherwise
exposed to rabies by a dog shall report these facts immediately to
the Dorchester County Sheriff's Department. Confinement, quarantine
and disposition of the biting dog or a clinically suspected rabid
dog or a dog exposed to an animal known or suspected of having rabies
shall be in accordance with current adopted regulations of the State
Department of Health and Mental Hygiene entitled "10.06.02 Communicable
Diseases - Rabies."
A.
No person shall own or have custody of any dog over six months of
age unless such dog is licensed as herein provided.
B.
License tags and other certificates are not transferable from one
dog to another.
C.
In case of loss of a license tag, the owner may procure another tag
for use during the balance of the year by surrendering the old certificate
and paying of fee or charge set by the Dorchester County Finance Department.
D.
Individual license tags shall be attached to the dog for which issued
by a collar or similar method and shall pass with the dog.
The licensing provisions of this chapter shall not apply to
dogs actually confined to the premises of educational and research
institutions or incorporated benevolent societies devoted to the care
or hospital treatment of lost, straying or homeless animals.
All dog fees collected by the Dog Control Officer(s) and any
and all other moneys received by him from fees, charges or sales,
etc., shall be accurately accounted for and an annual audit performed
to the satisfaction of the County Council. The moneys thus collected
shall be used by the County Council to defray the expense and costs
of the enforcement and administration of this chapter.
A.
Any person who violates any part of this chapter shall be guilty of a civil infraction under the authority of Chapter 147 of the Dorchester County Code. The maximum civil penalty for each violation of this chapter shall be $1,000. Each new day may constitute a separate violation. An occurrence may contain more than one offense. Each animal involved in an occurrence may constitute a separate offense.
B.
Animal control officers are hereby authorized to issue citations
for civil infractions of this chapter. All fines imposed under this
chapter shall be payable to the County.
C.
The County Council may, by resolution, from time to time, adopt a
schedule of civil penalties for violation of this chapter.
A.
Nothing contained in this chapter is intended to conflict with state
law; where this chapter and state law differ, the more stringent provision
shall apply.
B.
Should any article or section, or part of an article or section,
or provision of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, this shall not affect the validity
of the chapter as a whole, other than the part so declared to be invalid
or unconstitutional.
