[HISTORY: Adopted by the Board of County Commissioners of
Allegany County 12-10-1997 by Bill No. 7-97[1] effective 1-24-1998 (Ch. 117 of the 1984 Code). Amendments
noted where applicable.]
[1]
Editor's Note: This bill also repealed former Ch. 117,
Dogs and Other Animals, adopted 9-21-1984 by Bill No. 3-84, as amended.
The following terms as used in this chapter shall have the meanings
assigned to them in this section:
That person designated as such by Allegany County to perform
such duties described by this chapter and assigned by the Animal Shelter
Manager.
Consists of Animal Shelter Manager (ASM) and Animal Control
Officers (ACO).
Any facility designated by the County Commissioners of Allegany
County for the detention of animals.
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.
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.
Intended to mean both male and female of the Felidae family
(Felis catus).
Intended to mean both male and female of the dog family (Canis
familiaris).
Dog not under restraint and off the premises of the owner.
A dog secured by a leash or lead or confined within a vehicle
or within the real property limits of its owner.
The duly appointed Deputy State Health Officer for Allegany
County or his/her authorized representative.
Any society or association incorporated for the prevention
of cruelty to animals, duly incorporated under the laws of the State
of Maryland.
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.
A dog displaying a proper and current license issued in accordance
with the chapter.
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.
An establishment which offers to sell two or more species
of live animals with the intent that they be kept as pets.
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.
A doctor of veterinarian medicine licensed to practice by
a state licensing board.
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.
A.
In order to control rabies, it shall be the duty of all persons who
are bitten by a dog or other animal to report said bite to the Allegany
County Health Department on the appropriate forms.
B.
It shall be the duty of the ACP, upon learning of a dog or cat being
suspected of rabies, immediately to investigate the case, confer with
the owner, and if in the ACP's judgment or the judgment of any
licensed veterinarian called in for consultation or representatives
of the Allegany County Health Department there is reasonable grounds
to believe the dog or cat may have rabies, he shall immediately impound
the dog or cat at the owner's home, if satisfactory facilities
are available, or at the animal shelter and keep it completely isolated
from all persons and animals for a period of at least 10 days, and
if at the end of the period of observation the dog or cat seems fully
recovered of its malady or shows that it has no further symptoms of
rabies, the ASM and ACO shall then release the dog or cat to its owner,
who shall be liable for the board bill for said dog or cat to be paid
in advance at the specified rate per day for the period of its detention
at any public animal shelter. If, in the opinion of the ACP or the
Health Department, the dog or cat should be sacrificed for rabies
examination, the ASM or his designees should prepare specimens for
shipment to the appropriate laboratory. The specified fee for this
service shall be paid in advance by the animal owner.
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.
A.
Upon impounding an animal, the ACP shall cause a prompt and reasonable
effort to be made to locate and notify the animal's owner.
C.
Redemption fees as provided in this section shall be assessed for
each calendar day or portion thereof during which the animal was boarded
at the animal shelter.
D.
When dogs are found running at large, and their ownership is known,
such dogs, if they are legally licensed, need not be impounded by
ACP, but may, at their discretion, notify the owner, who can reclaim
the dog upon paying the redemption fee, without the impounding fee,
if the redemption is made that same day.
E.
The owner of any dog seized as above provided may redeem it from
the ACP within 96 hours from the time of apprehension by presenting
current license certificate and tag and paying a pickup charge and
the board bill per day for the time the dog is held at a duly established
public animal shelter.
A.
Any animal not redeemed within the time stated may be placed for
adoption by the ASM.
B.
An unclaimed dog or cat may not be released for adoption by the ASM without being sterilized or without the adopter entering into a written agreement in accordance with § 225-11 of this chapter.
C.
Any adopter must abide by the terms of any contract entered into
with the ACM in accordance with this chapter or in accordance with
any policy established by the Allegany County Animal Control Board.
D.
An animal found by the ACM to be aggressive or dangerous may not
be placed for adoption.
E.
No wild animal shall be available for adoption.
F.
Any unclaimed animal which is unredeemed or unadopted may be humanly
euthanized or otherwise disposed of in accordance with this chapter
and applicable state law.
A.
Unless exempted by the ASM, no dog or cat shall be released for adoption
from the animal shelter without being sterilized or without a written
agreement from the adopter guaranteeing that such animal be sterilized.
B.
Sterilization shall be required within 30 days of adoption or within
30 days of the animals six-month birthday. The ASM shall determine
and establish sterilization fees. Said fee shall be collected at the
time of adoption. The fee shall be paid by the ASM to a participating
local veterinarian of the adopter's choice when the sterilization
procedure has been completed. Any additional costs in excess of the
collected fee owed to the veterinarian shall be the responsibility
of the adopter. Any fees which are not redeemed shall become the property
of Allegany County.
C.
Failure to comply with the terms of the agreement guaranteeing the
sterilization of the adopted animal shall constitute a violation of
this chapter and shall constitute a civil infraction punishable as
hereinafter set forth.
A.
The owner of any dog which has died from disease or any other cause
shall forthwith provide for the cremation or burial of the same. ACP
may dispose of the carcass and a fee shall be charged for this service.
If the owner of any dead dog is not known and after inquiry cannot
be found, ACP shall dispose of said carcass by cremation, burial or
other approved manner.
B.
The ASM, at his discretion, may dispose of any live animals which
may be delivered to him for the purpose of euthanizing. In said event,
the owner of said animal shall pay the appropriate fee for this service.
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.
(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.
A.
License required. Every person owning or harboring a dog within Allegany
County shall apply to any person or establishment authorized to sell
dog licenses for a license and tag for each dog owned or harbored
by him, excepting dogs kept under a kennel license as provided for
in this chapter.
B.
Application. An application for a license shall state the name, sex,
breed, age, color and markings of each such animal. Valid proof of
current rabies immunization issued by the Allegany County Health Department
or by a duly licensed veterinarian shall accompany the application.
Application for a license for a spayed female shall include a certificate
in writing signed by a duly licensed veterinarian describing the dog
and stating that to his knowledge the dog has been spayed.
C.
Exemptions from licensing.
(1)
Owners of dogs used as Seeing Eye dogs, hearing aid dogs or as government
police dogs are exempt from the fee requirements imposed by this chapter.
However, each dog shall have a current rabies vaccination and the
owners must, upon request, provide proof that the dog falls within
the exempted categories.
(2)
Any dog belonging to a nonresident of the County and kept within
the boundaries of the County for no longer than 30 days, provided
that said dog meets all other requirements of this chapter.
(3)
Dogs under six months of age.
A.
Prior to May 1 of each year, the County shall be caused to be published
the names and locations of all appointed dog license vendors.
B.
On or before July 1, the owner or harborer of any dog subject to
licensure shall pay the license fee.
C.
If a dog shall become four months of age or an unlicensed dog of
license age shall come into possession of any person after July 1
of any year, the full license tax for the current calendar year shall
be paid forthwith by said owner.
D.
Licenses as set forth in this section shall be due and payable on
the first day of May, but not later than the first day of July in
each year. Persons may purchase a dog license after May 1 for any
year and said license shall be valid until July 1 of the following
year.
E.
The ASM shall prescribe and furnish annually to the County metal
tags to be issued as herein provided. Such tags shall be of different
shape and color from the preceding year and shall bear the name of
the County, number of the corresponding certificate, the words "Dog
License," and the year of issue underneath.
F.
The County Commissioners, not later than May 1 of each year, shall
furnish the license vendors with a supply of license certificates,
together with the corresponding metal tags and dog census books in
sufficient quantity to cover all requirements for the following year.
Certificates shall be serially numbered in books of 100 each with
triplicate stubs, all of which shall provide spaces in which shall
be recorded the following data:
G.
In case of loss of a license tag, the owner thereof may procure a
duplicate license for use during the balance of the year by surrender
of the old certificate and payment of the fee.
H.
The Allegany County Commissioners shall annually review and establish
appropriate fee schedules for the animal control program, including
license fees. The Finance Department of the County shall keep receipts
of dog license fees, penalties and fines, and expenditures incident
to operation and enforcement of these rules and regulations under
separate account, and all receipts shall be expended only for the
proper operation and enforcement of the animal control program.
A.
License required. Any person owning, operating or maintaining a dog
kennel as defined herein shall possess a current and valid kennel
license.
B.
Licensing procedure.
(1)
A kennel license is meant to cover one pack or collection of dogs
kept on a single premises, however owned, whether maintained for breeding,
treatment, boarding, sale, training, hunting or other purposes, and
including pet shops where dogs and other animals are on sale, and
the one tag securely fastened at a prominent place on the enclosure
shall cover all dogs kept there within the limit of the license issued.
Such license warrants, when under close supervision, hunting dogs
or dogs for breeding purposes or sale to be taken from the kennel
to the hunting field and hunted or taken for exercise or showing and
returned to the kennel in similar manner, but does not warrant any
dog kept at the kennel otherwise to leave its limits without an individual
license and the wearing of an individual license tag.
(2)
For protection and identification of kennel dogs in transit between
the kennel and the field as above provided, they must wear collars
or harnesses with kennel identification marks by name or number attached
thereto and furnished by the kennel, which may be removed only when
under supervision in the exercise of hunting field. Kennel licenses
are due and payable on or before July 1 or when beginning operations,
and the names of all persons owning, operating or interested in the
kennel at the time of the taking of the licenses shall be written
on the back of the certificate and the stub; and the name and address
of the owner of each dog kept in such kennel and record giving full
data concerning sales or other disposition of dogs from such kennels
shall be kept on file there at and available for inspection by the
Officer.
(3)
A kennel shall not be operated in such a manner as not to defraud
the County of the license fee applying to dogs which cannot legally
be covered thereunder or in any manner to violate other provisions
of the chapter, the primary purposes of a kennel license being to
relieve the owners of dogs kept at a kennel and never being allowed
to run at large from the necessity of taking out individual licenses
for such dogs.
C.
Licensing complaints. Any facility or clinic, etc., that houses animals
of three days or more is subject to inspection under receipt of any
complaint. The complaint will be forwarded to the Maryland Board of
Veterinary Examiners.
D.
Exemptions from kennel licensing provisions. Veterinary hospitals
or clinics, research facilities where bona fide medical or related
research (dental, veterinary, pharmaceutical or biological) is being
conducted, humane shelters and other animal establishments operated
by state or local governments or which are licensed by federal law
are excluded from the kennel licensing requirements of this chapter.
A.
Animal control personnel are hereby authorized to receive, at the animal control shelter, cats, unless said cats pose a health threat to other confined animals. At the end of a confinement period of not less than 96 hours, they are authorized to dispose of said cats in a manner consistent with humane practices and to dispose of the carcasses as heretofore provided for in § 225-12.
B.
Animal control personnel are further authorized to enter into adoption
programs with any responsible individual or program in conjunction
with the Allegany County Animal Welfare Society. All agreements entered
into with groups or individuals shall be subject to the approval of
the Allegany County Commissioners.
C.
The Animal Shelter Manager is also authorized to institute an identification
program for cats, to issue identification tags and to charge a fee
for said tags.
D.
Every person owning or harboring a cat must possess valid proof of
current rabies immunization issued by the Allegany County Health Department
or by a duly licensed veterinarian.
A.
The Animal Control Personnel shall investigate and enforce the provisions
of this chapter and any and all rules and regulations adopted pursuant
thereto.
B.
Pursuant to authority granted by Article 25B, Section 13(c) of the
Annotated Code of Maryland, the following violations are deemed to
be civil infractions:
C.
All civil citations shall be handled in accordance with Article 25B,
Section 13(c) of the Annotated Code of Maryland.
D.
Fines for civil infractions: The Allegany County Commissioners shall,
from time to time, by regulation, establish fines for civil infractions.
All such fines when paid shall become the property of Allegany County.
E.
Except for those acts declared to be civil infractions, all other
violations of this chapter or any rule or regulation adopted pursuant
thereto shall constitute a misdemeanor and punished by confinement
in the County jail for not more than 30 days or by fine of not less
than $15, but not more than $500, or both, in the discretion of the
court as provided herein. If any violation is continued, each day's
violation shall be deemed a separate offense.
