[Amended 12-2-2008 by Ord. No. 58-08]
Chapter
7 of the Calvert County Code, originally adopted on May 28, 2002, establishes the regulations for keeping animals in Calvert County. The provisions of Chapter
7 shall apply in the Town of North Beach and in the Town of Chesapeake Beach.
It is the intent of the Board of Calvert County Commissioners
that these Animal Regulations shall provide for the safe, humane care
and treatment of animals and livestock, protection from cruelty, abuse,
neglect, and the safety of the public.
Nothing contained in this chapter is intended to conflict with
state law; where this chapter and state law differs, the more stringent
provision shall apply. Any section, part of a section, or provision
of this chapter declared invalid or unconstitutional by a court of
competent jurisdiction shall only affect the part so declared to be
invalid or unconstitutional and shall not affect the validity of the
chapter as a whole.
The terms used in this chapter shall have the following meanings:
AGRICULTURAL PURPOSES
The raising and keeping of livestock for its production value
or with the intent to sell it for consumption.
ANIMAL
Any living creature excluding human beings and livestock.
ANIMAL CONTROL OFFICER
A person authorized by the Board of County Commissioners
to administer, enforce, and carry out the provisions of this chapter
and the Annotated Code of Maryland regarding animals.
ANIMAL ENCLOSURE
Structures designed to be used by an animal or to contain
an animal that have four or more sides, are made of wire, metal, plastic,
fiberglass or other material that is vented and do not meet the requirements
of shelter. Examples of animal enclosures include, but are not limited
to, cages, crates, pens and open kennels and runs.
ANIMAL TRANSPORT CONTAINER
A portable enclosure with openings or holes for ventilation
that is used to temporarily confine an animal while the animal is
being moved from one location to another and during a disaster, rescue,
when participating in a qualified activity or when hunting. Examples
include, but are not limited to, portable cages and crates, and airport
or hunting transport containers.
AT-LARGE
When off the real property of the owner, keeper or custodian,
a dog that is not on a leash, accompanied by a person capable of controlling
and physically restraining the dog, and an animal or livestock that
is not accompanied by a person capable of controlling and physically
restraining the animal.
BREEDER
A person who mates animals with the intention of selling
the offspring.
BREEDING FACILITY
A place used to mate animals with the intention of selling
the offspring.
CHIEF OF ANIMAL CONTROL
The person designated by the Board of County Commissioners,
responsible for the administration of the Animal Control Division
and the enforcement of the provisions of this chapter and the Annotated
Code of Maryland regarding animals.
COLLAR
A device designed to be used around the neck of an animal,
constructed of nylon, leather or similar material. A properly fitted
collar shall be defined as one that allows a minimum of two adult
fingers to be inserted between the collar and the animal's throat.
CROSS-TETHERING
A manner of securing an animal from two different directions.
CRUELTY
The unnecessary or unjustifiable infliction of physical pain
or suffering, allowed by an act, omission, abuse or neglect, to an
animal.
COMMERCIAL ANIMAL ESTABLISHMENT
A place that temporarily cares for, breeds, or provides services
to animals for a fee, except veterinarian clinics, humane and rescue
organizations and agricultural properties.
CUSTODIAN
A person, partnership, or corporation that harbors, takes
care or custody of, or takes responsibility for another person's animal.
DANGEROUS ANIMAL
An animal that without provocation, wounds, bites, injures,
or kills a human being, another animal or livestock; is being trained
or has been trained to attack. Animals owned by a governmental agency
or law enforcement unit are exempt.
DOGHOUSE
Proper shelter for dogs as described in Part
8, Article
II.
DOMESTICATED LIVESTOCK
Livestock kept as a companion animal, as opposed to those
kept for their production value.
DWELLING
A building, or portion of a building, that provides complete
living facilities for humans, including facilities for cooking, sanitation,
and sleeping. Dwelling does not include a garage, or extended or separate
structures from the dwelling.
EQUINE
Any of the various equine mammals bred in a number of varieties,
kept as a domesticated animal or used for riding or racing.
EQUINE HEALTH CARE
The regular routine care of equine, including, but not limited
to, worming, dental, farrier care and veterinarian care, and immediate
attention, care and treatment if it becomes sick, injured or lame.
EXTREME WEATHER
The following conditions issued by the National Weather Service:
heat advisory, wind chill advisory, ice storm warning, wind chill
warning or winter storm warning.
FARRIER CARE
A regular program of foot and hoof care for equine.
HARBOR
To provide food or shelter to an animal.
HARNESS
A device designed to be used around the body of an animal,
constructed of nylon, leather or similar material. A properly fitted
harness shall be defined as one that allows a minimum of two adult
fingers to be inserted between the harness and the body of the animal.
HUMANE OFFICER
A certified officer of a humane society or association incorporated
under the laws of this state for the prevention of cruelty to animals.
LIVESTOCK
Cattle, sheep, swine, poultry, goats, bison, llamas, alpacas
and other animals that are being kept and raised for agricultural
purposes on agricultural property.
MICROCHIP
An electronic device containing an integrated circuit that
is inserted under the skin of an animal and, when scanned, identifies
the animal by reference to stored data in a database or registry.
The Animal Control Division and the sheltering facility can scan both
encrypted and nonencrypted 125 kHz microchips.
OBEDIENCE TRAINED
An animal trained to heel on and off a leash and obey commands
to come to its owner, sit, lie, and stand until further commanded.
OWNER OR KEEPER
A person having custody of, possessing, harboring, or exercising
control over an animal. The parents or guardians of a minor shall
be deemed the owner when the animal is owned by, in the possession
of, or controlled by a minor.
OUTSIDE AREAS
The owner, keeper or custodian's real property used by an
animal or where an animal is confined. Examples include, but are not
limited to, fenced areas, invisible fencing areas and tethering areas.
PERSON
An individual, association, corporation or partnership.
QUALIFIED ACTIVITY
A legal, supervised animal activity, demonstration, or show
using humane practices, including, but not limited to, hunting, chasing,
obedience or agility training, herding, and tracking. To be legal,
written consent from the property owner must be obtained.
QUARANTINE
Strict confinement within a dwelling or secure enclosure
that prevents contact with humans or other animals.
REAL PROPERTY
Land owned or leased by an owner, keeper or custodian. Real
property, unless otherwise specified, excludes dwellings and the common
areas of a homeowners' association, condominium, apartment complex,
and townhouse development.
SANITARY
A condition of good order and cleanliness that reduces the
spread of disease or odors.
SECURE ENCLOSURE
A structure used to humanely contain an animal and prevent
the animal from coming in contact with humans or other animals.
SHELTERING FACILITY
A facility, operated by a governmental agency or its agents
for the purpose of impounding animals for care, confinement, redemption
by the owner, adoption or euthanasia.
SUFFICIENT SHADE
A source of protection from direct sunlight by artificial
or natural means that produces an area large enough to completely
cover each animal's body throughout the entire day.
TETHER
A.
The act of attaching an animal to a tether, pulley run or trolley.
B.
A rope or cable, attached at one end to the collar or harness
on an animal and at the other end to a stationary object, pulley run
or trolley.
VETERINARIAN CARE
Medical attention given to an animal by a licensed veterinarian,
including, but not limited to, the regular and routine care, examination
and administering of immunizations required to maintain a healthy
animal and the immediate attention, care and treatment of sick or
injured animals.