[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 8-11-1992 as Bill No. 92-13. Amendments noted where applicable.]
[Amended 4-19-2005 by Bill No. 05-3]
(a)
Legislative findings. The Commissioners find
that in past years an animal control law requiring that animals be
under control of the owner while off of the real property of the owner
has been sufficient in order to protect the health, safety and welfare
of the County. Now that the County has become more densely populated
and urban in certain areas, the Commissioners deem it necessary to
require within certain areas of the County, that certain animals be
leashed while off of the real property of the owner within such areas
as the Commissioners designate from time to time based upon population
trends and densities. It is not the intent that a leash law apply
uniformly throughout the County, but only in those areas which are
suburban or urban in nature and do not provide sufficient open space
whereby control can be adequately achieved by means other than by
leash. It is further not the intent that the provisions of any leash
requirement apply to an animal while it is on the property of the
owner or on property in commercial agricultural use regardless of
the surrounding area.
(b)
ANIMAL
ANIMAL CONTROL WARDEN
ANIMAL POUND
AT LARGE
BREEDER
CAT
COMMERCIAL
DOG
IMPOUND
KENNEL, COMMERCIAL
KENNEL, SHELTER
LEASH
LITTER
OWNER
RESTRAINTS
STRAY DOG OR CAT
TETHERED
UNSAFE WEATHER CONDITIONS
(1)
(2)
(3)
VICIOUS DOG
Definitions. The following words, when used
in this Subtitle, shall have the meanings respectively ascribed to
them in this section, unless otherwise specifically defined in other
parts of this Subtitle:
Any domesticated animal.
The person or persons employed by the county as its enforcement
officer or officers.
Any premises so designated by the county for the purpose
of impounding and caring for the animals as required by this Subtitle.
Any animal will be deemed to be "at large" when it is off
the property of its owner and not under the control of a responsible
person.
Any person who maintains six or more intact female dogs,
cats or an aggregate thereof, over four months of age, on the premises
for any period of time, for the purpose of breeding and selling their
offspring, or sells puppies or kittens from a maximum of three litters
per calendar year.
[Added 6-15-2021 by Bill No. 21-3]
An animal of the Felis Catus species.
Relating to any activity conducted with the intent of realizing
a profit, in which the form of compensation is monetary or the exchange
of any goods or services of value.
[Added 6-15-2021 by Bill No. 21-3]
An animal of the Canis Familiaris species, including those
animals that have been crossbred with the species Canis Lupus, commonly
known as a “wolf.”
[Amended 6-15-2021 by Bill No. 21-3]
Shall mean taking an animal into the custody of the officer
and shall commence upon the seizure of the animal.
An establishment which maintains for commercial breeding,
treatment, boarding, sale, leasing, rental, training or exhibition
a pack or collection of more than five dogs, cats or an aggregate
thereof, over four months of age, on the premises for any period of
time, other than a licensed veterinary facility. A commercial kennel
shall not include any person who maintains no more than eight dogs,
cats or an aggregate thereof, over four months of age, for personal
use or companionship, hunting, exhibition, field working, or obedience
trials, which may include the sale of puppies or kittens from a maximum
of two litter(s) per calendar year, regardless of the size of the
litter by the property owner or tenant.
[Added 6-15-2021 by Bill No. 21-3]
Any building, structure, enclosure, run, or any part thereof
designed or modified for the housing, shelter or keeping of any animal.
[Added 6-15-2021 by Bill No. 21-3]
Any lead, leash, cord, remote controlled electronic collar,
or other restraint preventing an animal from moving more than fifteen
feet from the person holding the electronic device or restraint opposite
the end attached to the animal.
[Amended 6-15-2021 by Bill No. 21-3]
The offspring at one birth of a multiparous animal.
[Added 6-15-2021 by Bill No. 21-3]
Includes any person having the right of property in an animal
or any person who keeps or harbors an animal or has it in his care
or permits it to remain on or about any premises occupied or controlled
by him for more than two weeks.
Secure cable, rope or trolley, invisible containment system,
or other cord of sufficient strength to prevent escape.
[Added 10-23-2018 by Bill
No. 18-4]
Any dog or cat running at large which does not have affixed
to it by collar or otherwise a license tag or which is unlicensed
or which is off the property of its owner and not in the company of
and in the control of its master or owner.[1]
Fastening an animal to a stationary object or stake as a
means of restraining the animal.
[Added 10-23-2018 by Bill
No. 18-4]
[Added 10-23-2018 by Bill No. 18-4]
A temperature of thirty-two degrees Fahrenheit or below in the
immediate vicinity of an animal, in addition to other cold weather
or precipitation related environmental conditions, including, but
not limited to, wind, rain, snow, ice, sleet or hail that a person
should reasonably conclude would pose an adverse risk to the health
or safety of an animal based on the animal's size, age, physical condition
or thickness of the animal's hair or fur, or
A temperature of eighty-five degrees Fahrenheit or above in
the immediate vicinity of an animal, in addition to other environmental
conditions, such as direct sunlight, or hot pavement, or any other
hot surface, that a person should reasonably conclude would pose an
adverse risk to the health or safety of an animal, based on the animal's
size, age, physical condition or thickness of the animal's hair or
fur; or
The National Weather Service issues a severe weather alert,
and the forecasted weather is such that a person should reasonably
conclude that the weather would pose an adverse risk to the health
or safety of an animal based on the animal's size, age, physical condition
or thickness of the animal's hair or fur.
Any dog that has vicious tendencies by virtue of its demonstrated
behavior or meets the definition of a "dangerous dog" under state
law.
[1]
Editor's Note: The definition of "suitable shelter," added 10-23-2018 by Bill No. 18-4, which immediately followed this definition, was repealed 6-15-2021 by Bill No. 21-3.
(c)
Administration. The County Commissioners are
hereby authorized and directed to administer this Subtitle, and such
powers as may be granted them may be delegated to an Animal Control
Warden or Deputy Wardens, as the case may be, who shall have all the
powers of a peace officer, or may be delegated by contract. Animal
Control Wardens are hereby authorized to enforce all state laws regarding
cruelty to animals and are charged with the protection of animals
under applicable state laws. The County Sheriff is hereby charged
with the responsibility of cooperating fully and assisting the Wardens
in enforcement of such laws. Enforcement and implementation of this
Subtitle may be delegated to the County Sheriff.
(d)
Applicability. The provisions of this Subtitle shall apply throughout the County but shall not apply within the corporate limits of the Town of Ocean City, it being the intention of this subsection that the prior adoption of Ordinance No. 13 by the municipalities of Berlin, Snow Hill and Pocomoke shall hereby be deemed to hold over as an adoption hereof; provided, however, that any municipality in which this Subtitle is applicable may exempt itself from the provisions hereof by appropriate corporate act of such municipality. It is the further intent of the County Commissioners that the provisions hereof be imposed upon the municipalities of Berlin, Snow Hill and Pocomoke unless such municipalities so exempt themselves. The provisions of this Subtitle shall not apply to any bona fide farm animal in the nature of livestock kept for bona fide agricultural or recreational use including without limitation, cattle, buffalo, hogs, fowl, emus, and horses. The provisions of Subsections (s), (t) and (u) of § PS 2-101 hereof shall not apply to hunting dogs, herding dogs, or raptors while hunting or training.
(e)
Impounding and disposition. The Animal Control
Warden or such other officer as the County Commissioners may designate
shall, whenever possible, seize and impound any stray or unwanted
dog or cat found at large or without a license, any diseased or vicious
dog or cat and any female dog or cat in heat found at large; provided,
however, that where such custodian or other impounding officer is
unable, after reasonable effort, to seize and impound vicious, wild
or rabid dogs or cats, he may destroy any such vicious, wild and rabid
dogs or cats in as humane a manner as possible. The Animal Control
Warden may also immediately destroy, without impoundment, any wild
animal which is believed to be rabid. No dog or cat may be released
from the animal pound until it has been vaccinated for rabies and
licensed. The owner of the animal shall be responsible for the cost
of the vaccination. The Animal Control Warden may also destroy, for
a fee as set by the County Commissioners, any dog or cat at the request
of the owner.
(f)
Disposition of animals not adopted. Any dog
or cat which is impounded under the provisions of this Subtitle and
has not otherwise been disposed of within fifteen days after being
impounded subject to the provisions hereof may be disposed of in any
legal humane way by the Animal Control Warden, including being destroyed
in any humane way by the Animal Control Warden. No dog or cat which
is licensed hereunder and identifiable as such, except in cases of
emergency and in cases of blatantly vicious animals, shall be destroyed
until the Animal Control Warden has made at least two attempts, one
of which shall be written, to contact the owner to advise the owner
of the impoundment of the animal.
(g)
Impoundment standards. The county shall, by
resolution, establish standards for the impoundment of animals, procedures
for the adoption of animals from the animal pound, recordkeeping requirements
and fees. The resolution shall also set forth times during which animals
must be held before they may be destroyed or delivered to some private
group interested in humane treatment of animals. Impounded animals
shall be treated in a humane manner, fed and watered in reasonable
amounts and given such medical treatment as may be reasonably necessary
to alleviate suffering.
(h)
Animals with vicious tendencies or rabies. No animal which the Animal Control Warden impounded which he has
reason to believe has vicious tendencies, rabies or any incurable
disease shall be sold, released or permitted to be redeemed unless
or until the Warden is satisfied that it is safe to release such animal.
Animals which the Animal Control Warden has reason to believe may
have rabies shall be held in quarantine in a place to be determined
by the County Health Officer for such period as may be necessary to
determine whether the animal is rabid.
(i)
Animals not to run at large; impoundment. It shall be unlawful for any person to permit a dog, cat or other animal owned or harbored by him to run at large. Any such animal running at large may be apprehended by the Animal Control Warden or other designated officer and may be impounded in the animal pound. Any animal so impounded shall be held at the animal pound not less than three business days unless sooner redeemed by the owner. The owner of such animal may redeem it from the animal pound after its seizure upon the payment of a redemption fee and fine as established by resolution of the County Commissioners, subject, however, to the consent of the Warden as provided in Subsection (h) above. Any animal presenting symptoms of infectious or communicable disease constituting a health threat to other animals in the pound may be euthanized prior to the expiration of the holding period.
[Amended 6-15-2021 by Bill No. 21-3]
(j)
Injured or diseased dogs or cats generally. The County Commissioners are hereby authorized and directed to enter
into agreements with veterinarians or animal hospitals in the county
for the care of injured or diseased dogs or cats, the owners of which
are unknown, which are collected by the Animal Control Warden or by
the Sheriff's Department or which are brought to the animal pound
by private citizens. If such animals are not in such critical condition
as to warrant their destruction immediately, the veterinarian or animal
hospital to which they are taken shall care for them until their condition
warrants their return to the animal pound for disposition in accordance
with the procedure prescribed above.
(k)
Poisoning. It shall be unlawful for any person
to administer poison to any animal or to knowingly place or leave
any poisonous substance of any kind or ground glass in any place with
intent to injure or kill any animal, provided that nothing contained
in this Subtitle shall prohibit an owner from mercifully putting to
death his own animal or from delivering it to the animal pound for
disposition.
(l)
Abandonment. It is unlawful for any person
to leave, with intent to abandon, any animal on a street, road, highway
or in a public place or on private property in the county.
(m)
Injuring or killing prohibited. Except for
agricultural or scientific purposes, no person shall willfully injure,
beat, abuse or run down any animal with a vehicle. No person shall
willfully kill any animal not owned by him except as may be expressly
permitted by law. Any person who kills or injures an animal while
driving a vehicle shall stop at the scene of the accident and render
such assistance as is practicable and shall make a reasonable effort
to locate and identify himself to the owner or any person having custody
of the animal.
(n)
Confinement of animals which have bitten human beings. Any person who knows or has reason to believe that a warm-blooded
animal owned by him or in his custody has bitten any person shall
report such fact to the County Health Officer, the Animal Control
Warden or the Sheriff's Office immediately and shall confine his animal
at his own expense for a period of ten days in a manner directed by
the County Health Officer; provided, however, that the County Health
Officer, if he has reason to believe that the animal is rabid, may
order such animal confined at the animal pound for such additional
period as he may deem necessary to determine whether the animal is
in fact rabid.
(o)
Report of doctor. Any doctor who examines
or treats a patient for a warm-blooded animal bite injury shall report
to the County Health Officer and the Sheriff's Office the following:
name of patient, address of patient, doctor's name and date of treatment.
(p)
Unlawful concealment. It shall be unlawful
for any person to conceal any dog or cat or falsely to deny ownership
of any dog or cat owned or harbored by him from any official properly
authorized by the County Commissioners to enumerate such animals or
to enforce the provisions of this Subtitle.
(q)
Disposition of dead animals. It shall be unlawful
for the owner or guardian of any animal to deposit or leave such animal,
upon its death, on public property or on the property of another person
without permission from such person. All such dead animals shall be
promptly disposed of by cremation, burial or other sanitary means.
The Animal Control Warden, where requested, shall pick up dead dogs,
cats and other small domestic pet-type animals for disposal for a
fee to be established pursuant to resolution of the County Commissioners.
(r)
Interference with enforcement. No person shall
interfere or attempt to interfere with the Animal Control Wardens
of the County or Health Department officials in the performance of
their duties, nor shall any person release or attempt to release without
authority any animal impounded pursuant to this Subtitle.
(s)
Dogs required to be on leash. In any area described as a leash area in Subsection (t) hereof, it shall be unlawful for any person, or guest of such person, to knowingly, unknowingly, inadvertently, or intentionally permit a dog owned or harbored by him to walk, crawl, or run in any location other than the property of such person unless such dog is attached to a leash.
(t)
Leash areas. Leash areas may be designated
by law or resolution. The following are leash areas:
(1)
Ocean Pines Area. All that property located in the Third Tax
District of Worcester County, Maryland bound on the northwest by Beauchamp
Road, the north and northeast by the St. Martin's River, on the southeast
by the southeasterly line of the Ocean Pines Subdivision and on the
southwest by MD Route 589.
(2)
County-owned property. Any property owned by the County Commissioners
of Worcester County, Maryland and whereon the Commissioners have posted
a sign indicating that the property is a leash area and which has
designated it a leash area by resolution.
(u)
Clean up. In any leash area, the person in
control of a dog on a leash shall remove all excrement deposited by
the dog on property other than property of the owner or property of
the person in control of the dog and dispose of such excrement in
a legal and proper way.
(v)
Tethering. If an animal is tethered by a restraint,
excepting periods of time that are brief and incidental, the restraint
shall be not less than fifteen feet in length and positioned to prevent
tangling, hanging or drowning. Chain shall not be used as a restraint.
Neither chains, ropes, nor choke collars shall be accepted as collars
for a tethered animal. There must be at least a one-inch space between
the animal's neck and the collar.
[Added 10-23-2018 by
Bill No. 18-4]
(w)
Suitable shelter. The owner of an animal that
is not kept within a home or building shall provide the animal with
suitable shelter to protect it from wind, snow, rain, cold, sunlight
and unsafe weather conditions. An animal shall be brought inside a
home or building within thirty minutes of the onset of and during
unsafe weather conditions, unless the animal has continuous suitable
shelter. This provision shall not apply if the animal is lawfully
and actively engaged in hunting, sporting, field working, or training.
A suitable shelter shall include:
[Added 10-23-2018 by
Bill No. 18-4; amended 6-15-2021 by Bill No. 21-3]
(1)
A solid floor that shall not be wire or chain link, a roof, and four
walls, one of which shall contain a doorway. A suitable shelter does
not include a crawl space that is under a building, space under a
vehicle, or any structure made of cardboard or other materials that
are easily degraded by the elements.
(2)
No interior surfaces shall be metal, nor have sharp points or edges.
(3)
All surfaces in contact with the animal shall be constructed of a
material that can be adequately cleaned and sanitized or be replaced
when worn or soiled.
(4)
A minimum of one foot of headroom above the head of the tallest animal
in the enclosure.
(5)
Adequate bedding shall be provided consisting of straw, hay, wood
dust, wood shavings, or other organic material deemed acceptable to
the Animal Control Warden. Bedding shall not consist of towels, blankets,
clothing or other similar material.
(6)
The space available to the animal in the shelter shall be maintained
in a safe and healthful manner, free of standing water, waste, debris,
fecal matter, protection from flooding, provided with adequate ventilation
to allow the animal to remain dry and maintain a normal body temperature
and exposure to natural or artificial light.
(7)
Suitable shelters shall not be stacked one on top of another nor
suspended from the ceiling.
(x)
Shelter kennel. A shelter kennel shall be provided for
all commercial kennels. These standards shall also apply when a shelter
kennel is provided by an owner of an animal. In addition to providing
a suitable shelter as defined in § PS 2-101(w) hereof,
the shelter kennel shall be secured, and have a floor consisting of
a hard, durable material. A shelter kennel shall consist of a minimum
of eighty square feet per dog, or thirty square feet per cat.
[Added 6-15-2021 by Bill No. 21-3[2]]
[2]
Editor's Note: This bill also redesignated former Subsection
(x) as Subsection (y).
(y)
Shade. If an animal is left outdoors and unattended
and the forecasted weather is eighty-five degrees Fahrenheit or higher,
the animal shall be provided shade, either natural or man-made, at
all times. Under no circumstances shall an animal shelter be considered
shade.
[Added 10-23-2018 by
Bill No. 18-4]
(a)
License required. No person shall own or have
custody of any dog or cat over four months of age unless such dog
or cat is licensed as herein provided. This provision shall not apply
to dogs or cats in the county for thirty days or less which are owned
by a nonresident, provided that such dogs or cats are fully licensed
in their home city, county or state.
(b)
Vaccination. Before any license shall be issued,
the owner must produce satisfactory evidence that the dog or cat has
been vaccinated against rabies and that the vaccination is still effective
as of the date of licensing.
(c)
Fees.
(1)
Application for licenses shall be made to the Animal Control
Warden on forms prescribed by him, accompanied by a license fee as
established pursuant to resolution of the County Commissioners.
(2)
"Seeing Eye" dogs trained to assist the blind and dogs trained
and regularly employed in law enforcement work by a recognized law
enforcement agency shall be provided licenses without charge but must
comply with vaccination provisions.
(3)
The authority to issue dog or cat licenses may be delegated
to any licensed veterinarian treating dogs or cats that are eligible
and are required to be licensed.
(d)
License period. All licenses shall be valid
for the period for which the rabies vaccination is valid.
(e)
License applications. License applications
may be made at any time. The cost of the license shall be as established
pursuant to resolution of the County Commissioners.
(f)
License tags.
(1)
License tags shall bear the name of the county, the number of
the corresponding certificate and the year in which it is to expire.
(2)
License tags and certificates are not transferable from one
animal to another.
(3)
In the case of loss of a license tag, the owner may procure
another tag for use during the balance of the license term by surrendering
the old certificate and payment of the prescribed fee as established
pursuant to resolution of the County Commissioners.
(g)
License system. Every licensed dog or cat
and the owner thereof shall be maintained on a roster by the Animal
Control Warden. Within sixty days of the pending expiration date,
the Animal Control Warden shall send a notice to every dog or cat
owner indicating that a new vaccination and license must be obtained.
The notice shall contain such information as may be deemed necessary
and appropriate by the County Commissioners. In the event that a dog
or cat has died during the license year, notification of the death
of the dog or cat shall be sent to the Animal Control Warden by the
owner at such time as the owner receives the notice of renewal.
(h)
Commercial kennel licenses.
[Amended 1-12-1993 by Bill No. 92-17; 6-15-2021 by Bill No. 21-3]
(1)
No person or entity shall operate a commercial kennel without
first obtaining a commercial kennel license from the Animal Control
Warden. Each lot or parcel shall be considered a separate establishment
requiring an individual license. Animals kept as a part of a commercial
kennel must meet the rabies vaccination and license requirements of
this Subtitle. The license application shall include written verification
from the Department of Development, Review and Permitting that the
applicant has complied with the requirements of the Zoning and Subdivision
Control Article.
(2)
Such licenses shall be obtained on or before July 1 of each
year and shall expire on June 30 of the following year. The license
fees for commercial kennels shall be as established by resolution
of the County Commissioners. Licenses are not transferrable.
(3)
Recordkeeping requirements. A commercial kennel license holder
shall maintain records for each animal maintained at the commercial
kennel, and they shall be provided to the Animal Control Warden upon
request. Documentation shall include:
A.
A list of the name, address, and contact information for the owner
of each animal maintained at or sold from the commercial kennel.
B.
Documentation that each animal over four months of age has been vaccinated
against rabies, and that the vaccination is still valid during the
time of its stay.
C.
A list of all other treatments and vaccinations that each animal
has received while in the care of the commercial kennel.
(4)
Every holder of a commercial kennel license shall be deemed
to have granted a right of entry to the Animal Control Warden to enter
upon the premises of the licensee at all reasonable hours for the
purposes of inspecting the same for violations of law.
(5)
Any licensed veterinarian doing business in Worcester County
shall not be required to obtain a commercial kennel license for animals
held for treatment directly related to the veterinary care of said
animals.
(6)
Any breeder shall have all puppies or kittens examined by a
licensed veterinarian within four weeks of birth. Puppies shall be
dewormed and vaccinated for distemper, parvo and parainfluenza prior
to being sold. Kittens shall be dewormed and vaccinated for rhinotracheitis,
calicivirus, and panleukopenia prior to being sold.
(i)
License tags to be attached to dogs and cats; removal
of tags.
(1)
Individual license tags shall be attached to the dog or cat
for which issued and shall pass with the dog or cat. Upon the change
of ownership of any dog or cat, every person purchasing or otherwise
acquiring such dog or cat shall notify the Animal Control Warden,
in writing, of such exchange in ownership in order that the license
records of the county may be properly adjusted.
(2)
It shall be unlawful for the owner of any dog or cat to permit
such animal to be off the property of the owner without having its
individual license tag attached to a collar or harness worn by the
animal.
(3)
It shall be unlawful for any person other than the owner of
the dog or cat or his agent to remove any license tag from a dog or
cat.
(j)
Applicability. The licensing provisions hereof
shall not apply to dogs or cats actually confined to the premises
of educational and research institutions or incorporated benevolent
societies devoted to the care or hospital treatment of lost, strayed
or homeless animals.
(k)
Disposition of license fees and other funds. All license fees collected by the Animal Control Warden and any
and all other money received by him from fees, charges or sales, etc.,
shall be paid to the general fund of the county.
(l)
The
County Commissioners by resolution may establish additional standards
or require additional information as deemed necessary to enforce the
provisions of this Title.
[Added 6-15-2021 by Bill No. 21-3]
(m)
Violations and penalties.
[Added 6-15-2021 by Bill No. 21-3]
(1)
If the Animal Control Warden shall find that any of the provisions
of this Title are being violated, it shall notify the owner of the
property where such violation occurs, either by certified mail, by
posting of the property or by other appropriate method. Such notification
shall indicate the nature of the violation and order the action necessary
to correct it within a reasonable period of time as determined by
the Animal Control Warden.
(2)
At the conclusion of such reasonable period, if the violation has
not been satisfactorily corrected in the judgment of the Animal Control
Warden, the Animal Control Warden shall take appropriate action to
bring about the correction of such violation or shall take any other
action authorized by law to ensure compliance with this section and
prevent violation of its provisions. Violation of the provisions of
this section or failure to comply with any of its requirements shall
constitute a civil infraction. Potential penalties may include but
are not limited to suspension or revocation of the license, refusal
to renew the license, fines, filing of an injunction to bring about
correction of any violations, impoundment of any animal and abatement
of imminent dangers to the health and safety of any animal as determined
by the Animal Control Warden. Each day of a violation constitutes
a separate offense. The remedies available to the County and the Animal
Control Warden under this Title are cumulative and not exclusive.
(3)
The Animal Control Warden may suspend, revoke, or refuse to renew
any commercial kennel license issued in accordance with this section
for any of the following reasons:
A.
A material falsification of any information supplied on a commercial
kennel license application or in any additional information supplied
by the applicant concerning the sale or other disposition of each
dog or cat from the kennel.
B.
Any activity conducted on the licensed premises that is or would
be detrimental to the health, safety or welfare of the public or to
any animal located on the licensed premises.
C.
Conviction of an applicant or license holder of any felony crime
or misdemeanor crime associated with animal mistreatment or neglect,
regardless of where committed, during the license period.
D.
A repeated failure to conform to the commercial kennel license conditions,
any rules or regulations adopted by resolution of the County Commissioners
with regard to properties licensed under this section or the Zoning
and Subdivision Control Article of the Code of Public Local Laws as
it applies to commercial kennel establishments.
(4)
In the event that a commercial kennel license is suspended, revoked,
or the renewal of the license is refused by the Animal Control Warden,
the license holder may appeal the decision to the County Commissioners.
Such request shall be made in writing within thirty days of the original
notification by the Animal Control Warden. Any decisions made by the
County Commissioners shall be final.
(5)
Any person establishing a commercial kennel without first obtaining
a commercial kennel license or operating or maintaining the same in
violation of this section or regulations or standards adopted by resolution
of the County Commissioners shall be guilty of a civil infraction.
(6)
If a commercial kennel license is revoked, the Animal Control Warden
shall not issue a commercial kennel license for a period of three
years to the former license holder.
[Added 4-19-2005 by Bill No. 05-3[1]]
(a)
Availability. The Sheriff or Animal Control
or Administrator of this Subtitle shall from time to time make appropriate
domesticated, abandoned animals available for adoption.
(b)
Condition of animal. The animal made available
for adoption shall be tame, domesticated, in good health, manageable
and friendly to human beings, and shall have been observed in the
animal pound for not less than three business days.
[Amended 6-15-2021 by Bill No. 21-3]
(c)
Conditions of adoption. Persons wishing to
adopt such animals shall agree to have the animal vaccinated against
rabies within seventy-two hours of adoption and demonstrate that they
have reasonable knowledge of the animal and animals of its type, and
can provide a proper home and care for the animal and shall pay such
adoption fee and make such reimbursements to the County as from time
to time prescribed by the County Commissioners by resolution.
(d)
Prohibited adoptions. Any animal that displays
vicious character tendencies towards humans, is not manageable or
tame, is in poor health, or has been the subject of a reported attack
on a human being or other animal shall not be made available for adoption.
(e)
Hold harmless. Any person adopting an animal
pursuant to this section shall indemnify and hold harmless the County
Commissioners, the Sheriff, the Animal Control Warden, and their agents
and employees from any claims or damage whatsoever alleged on the
account of any adoption hereunder.
(f)
Procedures and guidelines. Additional procedures
and guidelines for animal adoptions may be promulgated by resolution
by the County Commissioners or general order of the Sheriff in the
event the law is administered by the Sheriff's Office.
[1]
Editor's Note: This bill also provided for the renumbering
of former § PS 2-103 as § PS 2-105.
[Added 4-19-2005 by Bill No. 05-3]
Subject to state and federal preemption, the Animal Control
Warden or Sheriff as designated pursuant to § PS 2-101 of
this Subtitle to administer this Subtitle shall have the responsibility
to seize, destroy, and control wild animals, other than deer, causing
damage or danger to citizens of the County or sojourners herein. The
Maryland Department of Natural Resources shall be consulted with respect
to the handling of wild animals and shall be made aware of such efforts.
No wild animal may be placed for adoption without the approval of
the Maryland Department of Natural Resources.
Any person who violates the provisions of this Subtitle shall
be guilty of a civil infraction.
