The following terms as used in this chapter shall have the meanings
assigned to them in this section:
ANIMAL CONTROL OFFICER (ACO)
That person designated as such by Allegany County to perform
such duties described by this chapter and assigned by the Animal Shelter
Manager.
ANIMAL CONTROL SHELTER
Any facility designated by the County Commissioners of Allegany
County for the detention of animals.
ANIMAL EXPOSED TO RABIES
Any animal that has been bitten by or has associated with
any animal determined by the County Health Officer, the State Public
Health Veterinarian or the Director of the Division of Animal Industries,
Maryland Department of Agriculture to be infected with rabies.
ANIMAL SHELTER MANAGER (ASM)
That person employed by Allegany County to perform all the
duties set forth in this chapter. Said person shall have the supervisory
responsibility over the animal shelter, the Animal Control Officers
and animal shelter volunteers.
CAT
Intended to mean both male and female of the Felidae family
(Felis catus).
DOG
Intended to mean both male and female of the dog family (Canis
familiaris).
DOG AT LARGE
Dog not under restraint and off the premises of the owner.
DOG UNDER RESTRAINT
A dog secured by a leash or lead or confined within a vehicle
or within the real property limits of its owner.
HEALTH OFFICER
The duly appointed Deputy State Health Officer for Allegany
County or his/her authorized representative.
HUMANE SOCIETY
Any society or association incorporated for the prevention
of cruelty to animals, duly incorporated under the laws of the State
of Maryland.
KENNEL
An establishment wherein any person, group of persons or
corporation engages in the business of boarding, breeding, buying,
grooming or selling dogs; or wherein at any one time there are kept
or harbored five or more dogs over six months old for a business or
commercial purpose; or at which more than one litter of puppies per
year is offered for sale.
LICENSED DOG
A dog displaying a proper and current license issued in accordance
with the chapter.
OWNER
Any person, firm, association or corporation owning, keeping,
harboring or acting as custodian of a domesticated animal. Any animal
owned by a minor shall be deemed and taken to be owned, for the purpose
of this chapter, by the parents, guardian or adult with whom said
minor resides.
PET SHOP
An establishment which offers to sell two or more species
of live animals with the intent that they be kept as pets.
PUBLIC NUISANCE DOG
Any dog repeatedly found at large; or any dog which has damaged
the property of anyone other than its owners; or any dog which has
bitten two or more persons; or any dog disturbing the peace by excessive
barking; or any dog which has been designated by the ASM, ACO or ACP
to be a public nuisance dog by virtue of being a menace to the public
health, welfare or safety.
VETERINARIAN
A doctor of veterinarian medicine licensed to practice by
a state licensing board.
VICIOUS ANIMAL
Any animal that constitutes a physical threat to human beings,
animals or livestock or any animal which, due to its disposition,
has a propensity to cause injury or behaves in a manner which could
reasonably cause injury to human beings, animals or livestock, regardless
of whether or not such behavior is hostile, or any provocation, or
any dog which has been designated and in writing by the ACP as being
vicious.
The Animal Control Board shall serve in an advisory capacity
to the Allegany County Commissioners in all matters pertaining to
the welfare of domestic animals in Allegany County. The Animal Shelter
Manager shall inform the Animal Control Board on a regular basis on
all matters regarding the animal control program in Allegany County.
In emergencies affecting the operation of the animal control program,
the Shelter Manager shall consult the Chairman of the Animal Control
Board.
A. Membership. The Board shall consist of seven members, of which five
shall be appointed by the County Commissioners for terms of two years
and two ex officio members. However, for the initial appointment,
three members shall be appointed for terms of two years, and two members
shall be appointed for periods of one year. Of the five members appointed,
one shall be a local veterinarian and one shall be a representative
of a local humane society. The County Commissioners shall initially
designate one member as Chairman of the Board for a term of one year,
and thereafter a succeeding Chairman shall be selected on an annual
basis between the members thereof.
B. Ex officio members. The local Health Officer or his/her designee
and the Sheriff of Allegany County or his designee shall serve as
ex officio members.
C. Compensation and expenses of members. Members of the Commission shall
not receive any compensation for their services but shall be paid
their reasonably necessary expenses incurred in the performance of
their duties.
D. Powers and duties. The Animal Control Board shall have the power
to investigate, recommend treatment, care and regulation of all domestic
pets; to report on a regular basis to the County Commissioners its
recommendations, including, but not limited to:
(1) The operation of animal control programs and shelters in Allegany
County.
(2) Standards for the collection, care, custody and disposal of animals
at large and public nuisance animals.
(3) Standards for the maintenance of holding facilities.
(4) To make recommendations on the budget of the animal control program
in accordance with the County budget procedures.
(5) To monitor public complaints and suggestions concerning the animal
control program.
(6) Establish an educational program to promote animal welfare.
(7) Establish a program of volunteers to assist in promoting the animal
program.
E. Annual report. It shall be the duty of the Animal Control Board to
report to the County Commissioners on an annual basis their findings
on all of the aforegoing operations and recommend any changes or revisions
needed to alleviate areas of existing deficiencies.
It shall be the duty of the Allegany County Health Department,
the Sheriff of Allegany County, the County animal control personnel,
the local veterinarians and all kennel and pet shop licensees to provide
cooperation and assistance to the Allegany County Commissioners and
the Animal Control Board for the purpose of promoting its statutory
obligations.
[Amended 3-28-2013 by Bill No. 3-13, effective 5-12-2013]
Allegany County may employ an Animal Shelter Manager and such
other Animal Control Officers and other employees as shall be necessary
to carry out the responsibilities of this chapter. Allegany County
may contract with an animal welfare organization operating in Allegany
County to provide all or part of the responsibilities and duties of
this chapter. Allegany County may assign to the direction and supervision
of an animal welfare organization some or all County personnel who
are employed to carry out the responsibilities of this chapter. Any
such employees so assigned shall remain employees of Allegany County
and subject to the rules and regulations pertaining to said employees.
The Animal Shelter Manager (ASM) and Animal Control Officers
(ACO) shall have the powers and duties of a constable or peace officer
and, without limitations, shall have the following powers and duties:
A. To request the issuance of a summons and to serve a summons.
B. To issue and serve a citation.
C. To declare by written notice that a dog or other animal is a public
nuisance or a menace to the public health or safety.
D. To issue a written notice or citation for the recovery (replevin)
of a dog.
E. To investigate and to charge in connection with unlawful acts or
violations of any law, ordinance or regulation dealing with animals
or animal control.
F. To diligently seek out, pursue and deliver to the County Animal Shelter
all unlicensed dogs or other animals running at large, or off the
premises of the property of the owner of the dog, or animal not under
the control or supervision of the owner or responsible person found
in any part of Allegany County.
G. To destroy mortally sick or injured animals found on public highways.
H. To enter upon any property where the ACP has probable cause to believe
that it is necessary for the purpose of discharging the duties imposed
by this chapter, including but not limited to impoundment; provided,
however, that nothing in this section shall be construed as permitting
the entry into a private building or other enclosure without due process
of law.
I. To respond promptly to all requests directed to them by the Animal
Control Board, the Allegany County Health Department, the Animal Welfare
Society, Inc., the Mayor and City of Council of any incorporated town
of Allegany County, or member of the general public relating to the
proper enforcement of this chapter or any law, ordinance or regulation
pertaining to animal control.
All dogs in Allegany County must have and display a current
license at all times, for it shall be unlawful for the owner of any
dogs to allow said dogs to be at large in Allegany County, meaning
to be off the premises or property of the owner, unless under restraint,
except dogs accompanied by the owner or trainer and being used or
trained for hunting or police purposes being followed by a person
on foot, horseback or in vehicles. At special crowded events, the
exceptions preceding may be temporarily rescinded by the ASM and the
dog required to be on leash.
A dog found at large with or without a valid license tag shall,
except as provided above, be impounded by the ACP and taken to the
Allegany County Shelter and there confined in a humane manner for
a period of not less than 96 hours, unless sooner claimed and redeemed
by its owner. The ACP shall use whatever humane means necessary to
catch the dog and are hereby relieved from any liability from harm
or injury to the dog. The ACP shall make a reasonable effort to identify
the animal's owner. At the end of 96 hours as indicated above, unclaimed
animals shall be deemed abandoned and become the property of the Board
of County Commissioners of Allegany County and shall be disposed of
in the manner prescribed by the ASM and approved by the Board of County
Commissioners of Allegany County.
Every fierce, dangerous or vicious dog, including a dog that
has bitten a human, shall be confined by the owner within a building
or secure enclosure, and such animal shall not be taken out of such
building or secure enclosure unless securely muzzled and under restraint.
Every female dog, while in heat, shall be kept confined in a
building or secure enclosure by the owner in such a manner that she
will not be in contact, except for intentional breeding purposes,
with another dog and not create a nuisance by attracting other dogs.
[Amended 2-22-2001 by Bill No. 03-00, effective 4-8-2001]
A. A cat or dog which disrupts the peace and quiet of an inhabited area
by excessive noise, including, by way of example and not as a limitation,
excessive barking, whining, howling or crying or molesting passersby,
chasing vehicles, destroying property, attacking other domestic animals,
or an unreasonable accumulation of excretory matter, or depositing
excretory matter on property other than that of the owner, shall be
deemed a disturbance of the peace. The barking of hunting dogs in
pursuit of game shall not be considered a disturbance of the public
peace for the purposes hereof.
B. Violations; enforcement.
(1) It shall be a violation of this chapter to:
(a)
Own, harbor, or attract any cat(s) or dog(s) which disturbs
the peace as defined herein.
(b)
Allow to remain upon one's property cat(s) or dog(s) which disturb
the peace as defined herein.
(2) Any violation of this chapter shall be enforced pursuant to §
225-21. For violations caused by unowned cats or dogs, the responsible individual(s) must be provided with a detailed written notice and warning, and afforded a fourteen-day period to abate the violation prior to the issuance of the first citation.
Any person may kill any dog which he sees in the act of pursuing,
attacking, wounding or killing any human being, or any poultry or
livestock, whether or not such dog bears the proper license tag required
by this chapter. There shall be no liability upon such person or persons
in damages or otherwise for such killing. All such cases shall be
promptly reported to the ASP and be investigated by said ASP.