[HISTORY: Adopted by the County Commissioners
of Kent County as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-16-2010 by Bill No. 1-2010[1]]
[1]
Editor's Note: This bill also repealed former Art. I,
Domestic Animals, adopted 11-3-2009 by Bill No. 5-2009, and former
Art. II, Foxes, adopted 4-3-1990 as part of Ch. 2 of the 1989 Code,
as amended.
As used in this article, the following terms are defined below:
Every nonhuman species of animal, both domestic and wild.
The act of failing to humanely dispose of an animal or transfer
ownership to some responsible person when ownership is no longer desired
or leaving an animal without making arrangements for its care.
Exception. A feral cat caregiver who provides care to or has
temporary custody of a feral cat in accordance with an approved program
to trap, alter, vaccinate, ear tip, and return feral cats is not deemed
to have deserted or abandoned the feral cat.
Any animal not under the restraint of a person capable of
controlling the animal and off the premises of the owner.
Any person designated by the State of Maryland, the County
Commissioners of Kent County, a municipal government or humane society
as a law enforcement officer who is qualified to perform such duties
under the laws of this state.
Any facility operated by a humane society or municipal agency
or its authorized agents for the purpose of impounding or caring for
dogs or cats under the authority of this article or state law for
care, confinement, return to owner, adoption or euthanasia.
A member of the species felis catus.
Any dog that without provocation has killed or inflicted
severe injury on a person or any dog determined by the Humane Society
of Kent County, Maryland, Inc., to be potentially dangerous and, subsequent
to that determination, which engages in one or more of the behaviors
which caused the threat of danger. The behaviors are biting a person
on public or private real property, or killing or inflicting severe
injury to a domestic animal beyond the owner's property, or attacking
without provocation.
A member of the species canis familiaris.
Any animal that is accustomed to live in or about the habitation
of man, including but not limited to pets, farms animals, livestock
or any other animals kept for pleasure or profit.
Any cat existing in a wild or untamed state or any cat having
returned to an untamed state from domestication.
Any person who provides care, including food, shelter, or
medical care, to one or more feral cats or has temporary custody of
a feral cat.
A group of two or more free-roaming feral cats, whether managed
or unmanaged.
A commercial establishment where animals are bathed and/or
groomed.
Any dog that will detect and warn its handler that an intruder
is present in or near an area that is being secured and/or will attack
an intruder in a secured area or on command of the handler.
To feed or shelter for three or more consecutive days.
The Humane Society of Kent County, Maryland, Inc., or an
agency appointed by the County Commissioners of Kent County.
Any premises wherein any person keeps a dog or dogs in an
enclosure designed or modified for the housing of dogs.
Any premises wherein any person, persons, partnership or
corporation buys, sells, breeds, boards, trains for a fee or engages
in any other activity involving dogs for the purpose of generating
income.
A colony of feral cats that is registered with the Humane
Society of Kent County, Inc.
Any adult person, partnership or corporation owning, keeping,
harboring or having custody of (either temporarily or permanently)
one or more animals.
Any animal kept for pleasure and/or companionship rather
than utility.
Any person, partnership or corporation, whether operated
separately or in connection with another business enterprise that
sells two or more species of animals with the intent that they be
kept as pets.
Any animal or conditions resulting therefrom that unreasonably
annoy humans, endanger the life or health of other animals or persons
or substantially interfere with the rights of citizens, other than
their owners, to enjoyment of life or property. The term "public nuisance"
shall mean and include, but is not limited to, any animal that repeatedly:
Is found at large.
Damages the property of anyone other than its owner.
Molests or intimidates pedestrians or passersby.
Chases vehicles.
Attacks other domestic animals.
Excessively makes disturbing noises, including but not limited
to continued and repeated howling, barking, whining, mewling, 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; provided, however, that the barking of
hunting dogs while in pursuit of game and supervised by owners or
trainers is not to be considered a "public nuisance."
Creates offensive odors or is kept in such a manner that it
causes fouling of the air by odor and thereby creates unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored.
Is kept in such a manner that it causes unsanitary conditions
in enclosures or surroundings where the animal is kept or harbored.
Materially interferes with or disrupts an individual in the
enjoyment or use of the individual's property.
An animal is under restraint when it is secured by a leash
or lead and/or under the control of a responsible person and obedient
to that person's commands or within the real property limits
of its owner.
A fenced area or building from which an animal cannot escape
or be accidentally released and which cannot be entered by animals
or unauthorized persons.
A domesticated dog or cat for which ownership is not established.
A program approved by the Humane Society, or organization
approved by the Kent County Commissioners, to trap, alter, vaccinate
for rabies and distemper, ear tip, and return feral cats to their
original location.
Any establishment maintained and operated by a licensed veterinarian
for diagnosis, surgery and treatment of animal diseases and injuries.
A.
Any person owning, keeping, harboring or having custody of any dog over four months of age within this county must obtain a license as herein provided. Any person, partnership or corporation who or which harbors an unlicensed dog is guilty of a code county infraction and shall be subject to the penalties provided in § 64-10 hereof.
B.
Written application for licenses, which shall include name, address
and telephone number of applicant, description of each dog(s), the
appropriate breed(s), age, sex and valid rabies certificates(s) issued
by a licensed veterinarian or antirabies clinic and proof of spaying
and neutering, if applicable, shall be made to the Humane Society
or to the Office of Finance of Kent County (hereinafter the "licensing
authority").
C.
Application for a license must be made within 30 days after obtaining
a dog over four months of age or immediately upon the dog attaining
the age of four months. This requirement will not apply to a nonresident
keeping a dog within the county for not longer than 90 days. However,
such dogs must comply with this article and Maryland law.
D.
The licensing period shall begin with the first day of July each
fiscal year and shall run for one year. The penalty-free renewal period
will extend from 60 days prior to and up to 30 days after the start
of the fiscal year.
E.
Upon acceptance of the license application and fee, the licensing
authority shall issue a durable tag, stamped with an identifying number
and the year of issuance. Tags should be designed so that they may
be conveniently fastened or riveted to the animal's collar or
harness.
F.
Dogs must wear collars or harnesses displaying the current Kent County
license tag at all times when off the premises of the owners, unless
actually being shown at a dog show or event recognized as such by
the licensing authority, and hunting dogs while in pursuit of game
and under the control of owners or trainers need not wear collars
if they would endanger the dog or adversely affect its hunting or
sport purpose.
G.
The licensing authority shall maintain a record of the identifying
numbers of all tags issued for a period of three years and shall make
this record available to the public.
H.
Individual and kennel license fees shall be determined by the County
Commissioners of Kent County.
I.
License fees shall not be required for certified guide dogs, hearing
dogs, governmental police dogs or other certified dogs that are trained
to assist the physically handicapped, but they shall meet all other
licensing requirements.
J.
A duplicate license may be obtained upon payment of a replacement
fee as set forth from time to time by the County Commissioners.
K.
No person may use any license for any dog other than the dog for
which it was issued.
L.
Any person, partnership, association or corporation having a kennel within Kent County may obtain a multiple dog license if he/she/it has five or more dogs. The application for such a license shall state the name and address of the kennel operator/owner, location of the kennel and the maximum number of dogs to be housed in the kennel. Valid rabies certificates issued by a licensed veterinarian or antirabies clinic must be included for each dog housed in the kennel as well as a description of each dog, which includes breed(s), age and sex. All dogs kept as part of a kennel must meet the rabies vaccination requirements of Subsection B.
M.
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 exempt from the kennel licensing requirements of this article.
A.
No person, partnership, association or corporation shall operate
a commercial kennel within Kent County without a valid permit. The
fee for this permit shall be determined by the County Commissioners
of Kent County. The application for this permit may be obtained from
the Humane Society. This permit does not exempt individual dogs within
the kennel from the licensing requirement.
B.
No person shall train or offer for sale or lease any dog to be used
as a guard or sentry dog without possessing a valid permit. The annual
fee for this permit is to be determined by the County Commissioners
of Kent County. The application for this permit may be obtained from
the Humane Society. This permit may not be transferred to another
individual. The applicant for this permit will be required to supply
information pertaining to his/her qualifications and training that
will show beyond a reasonable doubt that he/she is properly qualified
to engage in this type of training. This shall not apply to the county
government or any of its agencies.
C.
The Humane Society may, subject to approval of the Kent County Commissioners,
adopt rules and regulations for the issuance of these permits, which
shall include requirements for humane care of all dogs and for compliance
with the provisions of this article and other applicable laws. The
Humane Society may, subject to the approval of the County Commissioners
of Kent County, amend such regulations from time to time as deemed
desirable for the public health and welfare and for the protection
of dogs.
D.
After an application for a permit is filed, the Humane Society or
its designated agents may inspect the facility prior to issuing the
permit. Upon a showing by an applicant for a permit that he is willing
and able to comply with the regulations promulgated by the Humane
Society, a permit shall be issued upon payment of the applicable fee.
The permit may be revoked if the person refuses or fails to comply
with this article, the regulations promulgated by the Humane Society
or any law governing the protection and keeping of animals.
E.
Any person whose permit is revoked shall, within 10 days thereafter,
humanely dispose of all dogs owned, kept or harbored. No part of the
permit fee shall be refunded.
F.
It shall be a condition of the issuance of any permit that the Humane
Society or its designated agents shall be permitted to inspect all
dogs and the premises where dogs are kept at any reasonable time and
shall, if permission for such inspection is refused, revoke the permit
of the refusing owner.
G.
If the applicant has withheld or falsified any information on the
application, the licensing authority shall refuse to issue a permit.
H.
No person who has been convicted of cruelty to animals shall be issued
a permit.
I.
Any person having been denied a permit may not reapply for a period
of 30 days. Each reapplication shall be accompanied by a fee set forth
from time to time by the County Commissioners. Any person whose permit
is revoked may appeal within seven days of the decision to the County
Commissioners of Kent County. A date and time will be set for a hearing,
at which time those wishing to be heard concerning the revocation
of the permit will be heard. A decision affirming or reversing the
decision of the licensing authority shall be made by the County Commissioners
within 30 days after such a hearing.
J.
Any person who has a change under the category under which a permit
was issued shall be subject to reclassification, and appropriate adjustment
of the permit fee shall be made.
K.
The licensing authority shall maintain a record of these permits
issued pursuant to this section for a period of three years and shall
make it available to the public.
L.
The permit period shall begin with the first day of July in each
fiscal year and shall run for one year. Renewal applications for permits
shall be made 60 days prior to the beginning of the fiscal year. Application
for a permit to create a new commercial animal establishment under
the provisions of this article may be made at any time.
M.
If there is any change in the ownership of a commercial kennel, the
new owner must apply for a permit.
N.
Every facility regulated by this article shall be considered a separate
enterprise and requires an individual permit.
A.
All dogs shall be kept under restraint.
B.
Public nuisance.
(1)
Every owner shall exercise proper care and control of their animal(s)
to prevent it (them) from becoming a public nuisance.
(2)
Upon being declared a public nuisance, any unaltered animal found
running at large three times will be required to be spayed or neutered
within seven days of the third offense. A time deferment or waiver
may be granted for pets too old or sick to be altered. A fine will
be levied against the owner in an amount to cover the cost of surgery.
Upon the owner submitting evidence of the surgery having been completed,
the fine will be nolle prosequi.
C.
Every female animal in heat shall be confined or supervised in such
a manner that such female animal cannot come into contact with a male
animal except for planned breeding.
D.
Every dangerous animal shall be confined by the owner within a building
or secure enclosure and shall be securely muzzled or caged whenever
off the premises of its owner.
A.
Unrestrained dogs shall be taken by law enforcement and/or animal
control officers and impounded in an animal shelter and there confined
in a humane manner. These officers may use whatever means necessary
to capture such dogs.
B.
Impounded stray dogs and cats shall be kept for not fewer than five
working days; provided, however, that dogs and cats which show physical
and behavioral evidence of being feral or totally unsocialized, seriously
diseased or suffering may be euthanized immediately if necessary.
C.
If, by a license tag or other reasonable means, the owner of an impounded
dog or cat can be identified, the animal control officer shall make
a prompt and reasonable effort to notify the owner.
D.
The owner of an impounded dog or cat shall pay an impoundment fee
and a daily board fee for each day impounded and any cost incurred
for the care of the animal during impoundment until the animal is
reclaimed or relinquished.
E.
Proof of ownership.
F.
Any dog or cat not reclaimed by its owner within five working days
shall become the property of the Humane Society and shall be placed
for adoption in a suitable home or humanely euthanized.
G.
In addition to or in lieu of impounding a dog found at large, the animal control or law enforcement office may issue to the known owner of such dog a notice of ordinance violation or citation as set forth in § 64-10.3C.
H.
Any domestic animal found in a critical condition from neglect, wounds,
injuries or diseases may, at the discretion of the animal control
officer, the animal shelter manager or a Maryland licensed veterinarian,
be destroyed if the owner cannot be found within 24 hours. If the
animal is also suffering great pain, it may be euthanized immediately
and the owner notified as soon as possible thereafter.
I.
Those persons responsible for destroying animals as herein provided
shall not be held liable for the act.
J.
The Humane Society of Kent County is authorized to enter into agreements
with veterinarians for the care of sick and injured animals which
are either licensed or which give the appearance of having had good
care. The owner shall be liable for the veterinary expenses related
to such care.
K.
The shelter manager shall keep complete and accurate records of the
care and disposition of all animals impounded at the shelter for a
period of three years.
L.
Neither the Humane Society of Kent County nor its employees shall
be liable for injury or illness which occurs or is contracted while
an animal is confined in its shelter.
A.
No owner shall fail to provide his/her animal with:
(2)
Proper drink. "Proper drink" shall mean clean, drinkable water available
in sufficient quantities for all animals.
(3)
Proper air. Holding areas shall be constructed to allow a free flow
of fresh air.
(4)
Proper space.
(a)
All animals shall be able to stand to their full height, stretch
out, lie down and make normal postural adjustments comfortably.
(b)
Animals shall be allowed to exercise and have freedom of movement
as necessary to reduce stress and maintain good physical condition.
Space and provisions for exercise must be appropriate for the species
and sufficient to meet the needs of the animal.
(c)
Space available to the animal must be usable, i.e., maintained
in a safe and healthful manner and be free of standing water, accumulated
waste and debris.
(5)
Proper light.
(a)
All animals shall have at least eight hours of light a day,
except as directed by veterinary advice or professionally accepted
practices for the safety and well-being of the animal.
(b)
Lighting of primary enclosures shall be designed to protect
animals from excessive illumination. The duration if illumination
shall be appropriate for the species involved.
(6)
Proper shelter/protection from the weather.
(a)
Indoor shelter.
[1]
Facilities shall be sufficiently regulated by heating and cooling,
if necessary, to protect animals from extremes of temperature and
to provide for their health and well-being.
[2]
The ambient temperature shall not be allowed to rise above or
fall below temperatures compatible with the health and well-being
of the animal.
[3]
Facilities shall be adequately ventilated by natural or mechanical
means to provide for the health and well-being of the animal at all
times. Such facilities shall be provided with fresh air by means of
windows, doors, vents, fans or air conditioning and shall be ventilated
to minimize drafts, odors and moisture condensation.
(b)
Outdoor shelter.
[1]
All animals kept outdoors shall have access to shelter that
provides protection from the weather, i.e., wind, precipitation or
other inclement weather conditions, except as directed by professionally
accepted practices appropriate to the species.
[2]
Shelter shall be well constructed and appropriate for the species.
Consideration shall be given for the animal's age, physical condition
and hair/coat when determining whether or not available shelter is
proper.
[3]
All animals shall have access to shade from the sun during hot
weather.
(7)
Veterinary care when needed to prevent suffering.
B.
Unnecessary suffering.
C.
No owner of an animal shall abandon such an animal.
D.
In addition to the provisions set forth in § 20-106 of
the Transportation Article of the Annotated Code of Maryland, any
person who, as the operator of a motor vehicle, strikes a domestic
animal shall stop at once and render such assistance as may be possible
and shall immediately report such injury or death to the animal's
owner or to the local humane society in the event that the owner cannot
be located.
E.
No person shall expose any known poisonous substance, whether mixed
with food or not, so that the same shall be liable to be eaten by
any animal, provided that it shall be lawful for a person to expose
on his own property common rat poison mixed only with vegetable substance.
F.
Pet shops shall maintain sanitary conditions and comply with all
requirements mandated by the State Department of Health and Mental
Hygiene or the Maryland Livestock Sanitary Service.
G.
If, in the opinion of the animal control officer, the shelter manager
or an agent of the Humane Society, an animal is being kept in such
condition that its health and well-being are threatened and the owner
is absent or unable or unwilling to correct the conditions, the animal
control officer or a designated agent of the Humane Society may care
for or remove the animal to the Humane Society or an approved holding
facility. After providing care or impounding an animal whose health
or safety is endangered because of a cruel or neglectful act, the
animal control officer shall make a prompt and reasonable effort to
notify the owner that the animal is being provided care or has been
impounded and give the reason(s) for the care or impoundment. If the
animal has been impounded, the owner may regain possession by correcting
the conditions causing the problem and paying the daily board and
impoundment fee for the time the animal remains in the shelter or
approved holding facility. Additionally, the owner shall be responsible
for all costs incurred for impoundment and/or care. If the owner cannot
be contacted or is unable or unwilling to make satisfactory arrangements
for the care of the animal, the animal will become the property of
the Humane Society, in accordance the Annotated Code of Maryland,
Criminal Law § 10-615 (Supp. 2009).
H.
An owner or a person claiming an interest in an animal custody under Subsection G may prevent disposition of the animal after 10 days by posting within that time period a bond or security in an amount sufficient to provide for the animal's care and keeping for at least 30 days, inclusive of the date that the animal was provided care or taken into custody. Even if a bond or security is posted, the authority having custody of the animal may humanely dispose of the animal at the end of the time for which expenses of care and keeping are covered by the bond or security, unless there is a court order prohibiting the disposition. The order must provide for a bond or other security in the amount necessary to protect the authority having custody of the animal from any cost of the care, keeping or disposal of the animal. The authority taking custody of an animal under Subsection G shall give notice of this section by posting a copy of it at the place where the animal is taken into custody or by delivering it to a person residing on the property. Regardless of the ultimate disposition of any pending charge, the full cost of care given to animal(s) during any good-faith care or impoundment shall be reimbursed out of the bond posted.
I.
The County Commissioners may from time to time, by regulation, adopt
animal care standards in amplification of the standards herein provided.
The owner of or person responsible for every dog or cat shall
be responsible for the removal of any excrement deposited by the owner's
animal on public property, recreation areas or private property other
than the owner's. The owner of or person responsible for every
dog or cat shall not allow excrement deposited by animals to accumulate
on his property so as to cause a health hazard or become a public
nuisance.
A.
All adopted dogs and cats must have a permanent identification prior
to delivery.
B.
No unclaimed dog or cat shall be released for adoption without being
sterilized or without written agreement from the adopter guaranteeing
that such animal will be neutered by the date specified in the adoption
contract. A deposit to be determined by the Humane Society must be
paid at the time of adoption. Failure to comply with the terms of
the agreement guaranteeing the sterilization of the adopted animal
shall constitute a violation of this article and shall constitute
a code county infraction punishable as hereinafter set forth.
A.
All persons who have been bitten by a dog or cat are directed to
report the same to the Kent County Health Department.
B.
Any dog or cat which is housed in the Humane Society shelter shall
be subject to being quarantined, and the owner shall be responsible
for the expense of maintaining the animal. The owner of any dog or
cat suspected of having rabies shall be responsible for any expenses
which are associated with the quarantine, destruction or disposal
of the animal.
C.
The owner of a dog or cat four months of age or older shall have
the dog or cat vaccinated against rabies by a licensed veterinarian
and shall maintain the veterinary certificate of the vaccinations
given the dog or cat. In addition to any penalties for failure to
comply with this provision, the owner of a dog or cat who does not
have any acceptable record showing that the dog or cat has been currently
vaccinated against rabies may be ordered by the animal control officer
to have the dog or cat vaccinated against rabies, and the owner so
ordered shall comply with the order within 72 hours. The licensing
authority shall determine the acceptability of a record of vaccination
against rabies.
No person shall maintain a feral cat colony without first registering
the colony with the Humane Society of Kent County. Those persons maintaining
feral cat colonies on lands actively used in agriculture and zoned
either Agricultural Zoning District (AZD) or Resource Conservation
District (RCD), or on land constituting a farm as defined by the Land
Use Ordinance, shall be exempt from the registration requirement.
A registration certificate shall be issued to the colony caretaker
responsible for the colony and shall contain the following information:
A.
Feral cat caregivers shall cooperate with any TNR program, making
reasonable, good-faith efforts to have all cats in the colony altered,
ear-tipped for identification, vaccinated against rabies, and returned
to their home site following full recovery from surgery.
B.
Feral cat caregivers shall cooperate with any TNR program and make
reasonable, good-faith efforts to have any new cat that comes to the
colony altered, ear tipped, and vaccinated against rabies and distemper,
as soon as possible.
C.
Feral cat caregivers shall provide food and water to the colony cats
on a regular basis, year round, using best practices to minimize,
as reasonably as possible, any nuisance and/or unsanitary conditions.
D.
Feral cat caregivers shall provide adequate shelter (in number and
quality) for colony cats using best practices to minimize nuisance.
E.
Feral cat caregivers shall make reasonable, good-faith efforts to
provide needed veterinary care to colony cats that are visibly ill
or injured.
F.
Feral cat caregivers shall keep and maintain records for each colony
cat, including each cat's rabies vaccination record/certificate.
G.
Feral cat caregivers shall make reasonable, good-faith efforts, using
best practices, to exclude cats from yards, gardens or similar property
upon request of the property owner.
H.
Feral cat caregivers shall generally make reasonable efforts to address
and resolve complaints regarding colony cats.
I.
Feral cat caregivers shall ensure that a substitute caregiver is
in place during the feral cat caregiver's temporary or permanent
absence.
A.
The Humane Society and authorized Kent County animal control officers
will trap and seize those feral cats that pose an imminent health
risk to the public or are severely injured or sick.
B.
The Humane Society and authorized Kent County animal control officers
will release trapped ear-tipped cats as close to the trap site as
possible.
C.
The Humane Society and authorized Kent County animal control officers
will transport to an animal shelter only those feral cats that are
sick or injured.
E.
Anyone aware of a feral cat bite must report it to the Kent County
Health Department.
F.
A feral cat caregiver has up to 60 days to come into compliance with
the standards of care. The Humane Society may reduce the time to come
into compliance if the Humane Society concludes that the feral cats'
conditions place their welfare or that of human beings in jeopardy.
A.
The provisions of this article shall be enforced by those persons
or agencies designated by the County Commissioners of Kent County.
It shall be a violation of this article to interfere with an animal
control officer in the performance of his/her duties. The animal control
officer shall have the right to enter upon any premises at all reasonable
times for the purpose of discharging the duties imposed upon him/her
by this article where there is reasonable belief that a violation
of this article has been committed.
B.
Violations of this article shall be deemed a code county infraction.
Any person, firm, corporation or other legal entity found to have
committed a code county infraction by violating any provision of this
article or any amendment thereto shall be fined not more than $400.
Each and every day during which such violation occurs or continues
may be deemed a separate offense.
C.
The animal control officer may issue a citation.
D.
The imposition of the penalties herein prescribed shall not preclude
the County Attorney from instituting action to correct, abate or otherwise
remedy a violation of this article.
