[HISTORY: Adopted by the Mayor and Council of the Town (now
City) of Seat Pleasant as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-16-1968 as Ch. 14, §§ 14-18 and 14-19, of the 1968
Code]
No person shall raise, keep or maintain any pigeons, live poultry,
rabbits or livestock in such a way as to constitute a nuisance or
in any way be a menace to the public health.
It shall be unlawful for any person to keep any live swine,
sheep, goats, horses or animals of the horse kind or cows or animals
of the bovine kind in the City.
[Added 2-14-1994 by Ord.
No. 94-01]
Violation of any of the provisions of this article will constitute
a municipal infraction, punishable by a fine of $400.
[Adopted 2-14-1994 by Ord. No. 94-01]
As used in this article, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
To desert an animal without having secured another owner
or custodian for the animal or by failing to provide the elements
of proper care as defined herein.
[Added 10-10-2022 by Ord. No. O-23-01]
Any nonhuman species of animal, both domesticated and wild.
This includes, but is not limited to, dogs, cats, ferrets, birds,
and exotic and wild species.
[Added 10-10-2022 by Ord. No. O-23-01]
Any facility designated by the City of Seat Pleasant for
the care, confinement, or detention of animals.
[Added 10-10-2022 by Ord. No. O-23-01]
Any animal not under restraint and off the premises of its
owners except within an off-leash dog park.
[Amended 10-10-2022 by Ord. No. O-23-01]
[Added 10-10-2022 by Ord. No. O-23-01]
Any animal which demonstrates the potential to inflict bites
on humans by chasing or approaching a person in a menacing fashion
or apparent attitude of attack not on its owner's property; or any
animal with a known propensity, tendency, or disposition to attack
unprovoked, to cause injury or death to humans or domestic animals.
The County Commission for Animal Control determines whether
an animal is dangerous.
Both male and female.
Any animal not ordinarily domesticated, and not indigenous
to Maryland, that a person is permitted to own or possess under the
laws of the State of Maryland and Prince George's County.
[Added 10-10-2022 by Ord. No. O-23-01]
Animals that are existing in a wild or unsocialized state.
[Added 10-10-2022 by Ord. No. O-23-01]
Any person, partnership, association, fraternity, sorority,
or corporation owning, keeping, harboring or acting as custodian of
an animal.
[Amended 10-10-2022 by Ord. No. O-23-01]
[Added 10-10-2022 by Ord. No. O-23-01]
A public nuisance animal includes any animal that:
Is repeatedly found at large;
Permanently damages the property of anyone other than its owner;
Molests or intimidates pedestrians or passersby;
Chases vehicles;
Excessively makes disturbing noises (including, but not limited
to, continued and repeated howling, barking, whining, or other utterances)
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
Causes fouling of the air by odor and causing thereby unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored;
Causes unsanitary conditions in enclosures or surroundings where
the animal is kept or harbored;
By virtue of the number or types of animals maintained, is offensive
or dangerous to the public health, safety, or welfare;
Attacks other domestic animals; or
Has been found by the County Commission for Animal Control,
after notice to its owner and a hearing, to be a public nuisance animal
by virtue of being a menace to the public.
Any unsanitary, dangerous, or offensive condition occurring
on any premises or animal holding facility caused by the size, number,
or types of animals maintained, kept or harbored. A public nuisance
condition shall be deemed to exist on any premises on which cruelty
exists.
[Added 10-10-2022 by Ord. No. O-23-01]
Animals not commonly kept as pets that are generally found
living in a natural habitat, and are not tamed, domesticated, or socialized
in any manner.
[Added 10-10-2022 by Ord. No. O-23-01]
[Amended 10-10-2022 by Ord. No. O-23-01]
Every animal kept within the City shall be licensed by the county
if county law requires a license for an animal of that type. Every
person who is required by county law to obtain an animal hobby permit
or other permit shall obtain such permit from the county.
[Amended 10-10-2022 by Ord. No. O-23-01]
A.
The City
hereby incorporates by reference all provisions contained in the Prince
George's County animal control ordinance as it is amended from time
to time. A violation of the Prince George's County animal control
ordinance by any person in the City shall constitute a violation of
this article.
B.
Notwithstanding the provisions of Subsection A of this section, in the event of a conflict between the county animal control ordinance and this chapter, the provisions of this chapter shall prevail.
C.
The provisions
of this section are not intended to displace or prevent the county
from enforcing the provisions of its animal control ordinance on properties
located within the City. Furthermore, when authorized by the appropriate
county official, a City Animal Control Officer may enforce the provisions
of the county animal control ordinance.
[Amended 10-10-2022 by Ord. No. O-23-01]
A.
It shall
be unlawful for the owner of any animal to allow such animal to be
at large in the City of Seat Pleasant. An animal off the premises
of its owner shall be caged or leashed so as to effectively control
the animal and shall be under the immediate supervision and control
of a person of suitable age and discretion who shall be at all times
in physical contact with the leash and shall prevent the animal from
making contact with other persons or animals without the permission
of such person or of the owner of such animal. This requirement that
a dog be leashed or caged when off-premises does not apply to public
access areas identified as off-leash dog parks.
B.
No owner
or custodian of any animal shall allow or fail to prevent such animal
from being at large within the City. Any animal found at large or
running at large is declared to be a nuisance and dangerous to the
public health, safety, and welfare.
C.
This section
shall not apply to an animal under the control of its owner, custodian,
or an authorized agent of the owner by a leash, cord or chain and
shall not apply to any dog free of restraint on property owned by
the City and duly designated by the City Council as a dog park.
D.
No animal
running at large by accident with a person in immediate pursuit of
it shall be deemed to be running at large or a stray.
[Amended 10-10-2022 by Ord. No. O-23-01]
A.
Any animal
control officer, police officer, code enforcement officer or other
agent authorized or empowered to perform any duty under this article
may pursue any animal at large or running at large and may go upon
any premises for impounding the animal at large or running at large.
If the animal returns to the premises of its owner, the officer or
other agent authorized may pursue the animal upon the unenclosed exterior
premises of the owner. If the owner or custodian takes the animal
within the enclosed interior portion of his premises, the officer
or other agent authorized shall direct the owner or custodian to surrender
the animal for impoundment.
B.
No person,
after having been directed by an officer or other agent authorized
to surrender an animal for impoundment, shall fail to surrender the
animal immediately. Failure to surrender an animal for impoundment
upon demand by an officer or other agent authorized is a misdemeanor
and, upon conviction thereof, the violator may be punished by a fine
not to exceed $500 or by imprisonment not to exceed 90 days in the
county detention center, or both. In addition to the criminal penalty
hereby imposed, the City may impose civil penalties.
Not later than five days after the impounding of any dog, the
owner shall be notified, or if the owner of the dog is unknown, written
notice shall be posted for 10 days at three or more conspicuous places
in the City of Seat Pleasant describing the dog and place and time
of taking. The owner of any dog so impounded may reclaim such dog
upon payment of the license fee, if unpaid, and of all costs and charges
incurred by the City of Seat Pleasant for impounding and maintenance
of said dog. Charges as set forth from time to time by resolution
of the City Council shall be paid to the City Treasurer for impounding
any dog, for keeping any dog and for giving notice.[1]
[1]
Editor's Note: The current schedule of charges is on file
in the City offices.
No dog of fierce, dangerous or vicious propensities and no female dog in heat, whether licensed or not, shall be allowed to run at large or upon the premises of one other than the owner. If any such dog is found running at large in violation of this article, it shall be taken up and impounded and shall not be released except upon approval of the City Administrator after payment of the fees provided in § 54-9; provided, however, that if any dangerous, fierce or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain by any policeman.
Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia, the Mayor, if he/she deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his/her premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded unless noticeably infected with rabies. All dogs so noticeably infected with rabies and displaying vicious propensities shall be taken to the county pound for termination. Dogs impounded during the first two days of such proclamation shall, if claimed within five days, be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for in § 54-9. If unclaimed after that period, such dog may be summarily destroyed.
A.
If a dog is believed to have rabies or has been bitten by a dog suspected
of having rabies, such dog shall be confined by a leash or chain on
the owner's premises and shall be placed under the observation of
a veterinarian at the expense of the owner for a period of two weeks.
The owner shall notify the county of the fact that his/her dog has
been exposed to rabies, and at his/her discretion, the Poundmaster
is empowered to have such dog removed from the owner's premises to
a veterinary hospital and there placed under observation for a period
of two weeks at the expense of the owner.
B.
It shall be unlawful for any person knowing or suspecting that a
dog has rabies to allow such dog to be taken off his/her premises
or beyond the limits of the City without the written permission of
the City Administrator. Every owner or other person, upon ascertaining
that a dog is rabid, shall immediately notify the Poundmaster or a
policeman who shall either remove the dog to the pound or summarily
destroy it.
It shall be unlawful for the owner of any dog to keep, maintain
or allow such dog to run at large unless it shall have been vaccinated
by a licensed veterinary surgeon with anti-rabies vaccine within one
year preceding the date on which such dog is kept, maintained or allowed
to run at large.
[Amended 3-27-2017 by Ord. No. O-17-15; 10-10-2022 by Ord. No. O-23-01]
Any owner found violating any provision of this article shall
be fined in the following manner:
