The Board of County Commissioners hereby designates and appoints the Chief of Animal Control and the Animal Control Officers, law enforcement officers working in Calvert County, and the Health Officer to enforce the provisions of these regulations and the Annotated Code of Maryland regarding animals and livestock in Calvert County.
A. 
The Animal Control Division shall administer and enforce this chapter, including the responsibility to:
(1) 
Provide for the safe, humane care and treatment of animals and livestock, protection from cruelty, abuse, neglect and the safety of the public;
(2) 
Enforce state laws regarding animals and livestock, to the extent allowed by state law;
(3) 
Provide twenty-four-hour, seven-day-a-week emergency service to the extent provided by the Board of County Commissioners' annual budget;
(4) 
Receive stray animals;
(5) 
As permitted by law, enter property where there is probable cause or reasonable belief that a violation of this chapter has been or is being committed;
(6) 
Perform any other duties or acts as may be required to administer and enforce the provisions of this chapter and state law regarding animals and livestock.
B. 
The Animal Control Division and the sheltering facility may contact and coordinate with other governmental agencies, humane or rescue organizations, humane officers and veterinarians as required for additional resources, expertise and assistance. Said contact and coordination may include, but is not limited to, the safe, humane capture, transport, care, treatment of stray, abandoned, injured, relinquished, abused or neglected animals or livestock, and temporary shelter when needed.
[Added 1-10-2017 by Ord. No. 02-17]
The Board of County Commissioners hereby establishes the Animal Matters Hearing Board and vests authority within that Board to:
A. 
Hear and decide administrative appeals pertaining to the enforcement of the provisions of this chapter; and
B. 
Act as the only advisory board to make recommendations for the amendment of this Chapter 7.
A. 
Appointment.
(1) 
The Animal Matters Hearing Board shall consist of at least five and not more than seven members.
(2) 
The members shall consist of:
(a) 
One member shall be with an affiliation with an animal welfare rescue group;
(b) 
One member shall be with a professional animal organization such as a hunt club, American Kennel Club, or K-9 search and rescue;
(c) 
One Deputy Sheriff, selected by the Sheriff;
(d) 
One member shall be a veterinarian, or veterinarian technician (with three or more years of experience); and
(e) 
Up to three members shall be citizens (without affiliation with an animal welfare rescue group or professional animal organization).
(3) 
Members shall be residents of Calvert County or maintain a principal place of business in Calvert County.
(4) 
Members shall be appointed for four-year terms, and no Board member shall be eligible to serve more than three consecutive full terms. Upon creation of the Board, each member shall be assigned a term of one, two, three, or four years to stagger appointments. In the event that the seven possible member positions are not filled in the initial composition of the Board, subsequent appointments of additional members may be for less than four-year terms to maintain the staggering of expiration of members' terms.
(5) 
Members shall not serve on the Calvert County Shelter Advisory Board simultaneously.
B. 
Officers.
(1) 
The Animal Matters Hearing Board shall elect by majority vote the Chairperson and Vice Chairperson from among its membership annually.
(2) 
Duties and responsibilities of the Chairperson include:
(a) 
Provide leadership to the Board in carrying out its purposes;
(b) 
Serve as the official voice/spokesperson for the Board;
(c) 
Develop agendas and preside over Board meetings;
(d) 
Sign documents approved by a majority of the Board that require the signature of a Board official;
(e) 
Communicate as needed with the County Liaison to the Board, providing information about relevant developments and activities;
(f) 
Put motions to a vote and announce the results of the vote; and
(g) 
Present an annual report to the Board of County Commissioners of Calvert County to document the achievements of the past 12 months and forecast future plans.
(3) 
Duties and responsibilities of the Vice-Chairperson include performing the duties and responsibilities of the Chairperson in her/his absence, and, when so acting, shall have all the powers of and be subject to all restrictions governing the Chairperson.
C. 
Compensation. The animal welfare rescue representative member, the professional animal organization representative member, the veterinarian or veterinarian technician representative member, and citizen member(s) of the Animal Matters Hearing Board shall serve without compensation.
D. 
Resignation. Any member of the Animal Matters Hearing Board may resign at any time by providing written notice to the Board of County Commissioners.
E. 
Removal.
(1) 
The Board of County Commissioners retains the authority to remove any member on its own initiative or based on recommendation of a majority vote of the Animal Matters Hearing Board, when, in its discretion, the best interest of the community or Board would not be served by continued membership.
(2) 
The Chairperson shall notify the Board of County Commissioners if a member of the Animal Matters Hearing Board misses three scheduled meetings in any twelve-month period. The Board of County Commissioners shall remove and replace such member while maintaining the balance of membership set forth in § 7-2-202A(2).
A. 
Animal Matters Hearing Board members shall abide by and fully comply with the Calvert County Code of Ethics, as amended from time to time.[1]
[1]
Editor's Note: See Ch. 41, Ethics.
B. 
No Board member shall cast a vote on any matter where a conflict of interest may exist.
C. 
In any instance where the determination of a conflict of interest is uncertain, the Board may request a determination of conflict of interest from the Calvert County Ethics Commission.
D. 
A quorum shall consist of a majority of the members.
E. 
The Calvert County Sheriff's Office's Animal Control Division shall provide support personnel as may be required by the Animal Matters Hearing Board. The Calvert County Attorney's Office shall provide legal support to the Animal Matters Hearing Board.
F. 
The Board of County Commissioners shall provide such office space, supplies, and equipment as may be required by the Animal Matters Hearing Board to perform its duties.
G. 
All meetings shall be conducted in accordance with Roberts Rules of Order Newly Revised, unless they are inconsistent with the approved rules or this chapter.
H. 
There shall be one vote per Board member. The Chair is entitled to vote on any item before the Board unless precluded by operation of the Calvert County Code of Ethics.
I. 
A tie vote for and against a motion means that a motion fails.
The Animal Matters Hearing Board shall:
A. 
Adopt any necessary and appropriate rules of procedure to hear and decide administrative appeal hearings pertaining to the enforcement of the provisions of this Chapter 7;
B. 
Make recommendations for the amendment of this Chapter 7; and
C. 
On or before the first month of each new calendar year, submit an annual report to the Board of County Commissioners on the actions and activities of the Animal Matters Hearing Board and a forecast of future actions proposed to be undertaken by the Board.
A. 
The Animal Matters Hearing Board shall meet not less than once a quarter.
B. 
Notice of all meetings of the Board shall be in accordance with the Maryland Open Meetings Act.
C. 
The regular meetings of the Board shall be held at a place, on dates and at times decided by the Board members.
D. 
The Board may meet in special meetings at the call of the Chair, or the Vice-Chair in the absence of the Chair, or at the request of 2/3 of the Board members.
E. 
Matters considered at a special meeting are limited to the purpose/agenda contained in the notice of the meeting.
F. 
Adequate notice of all special meetings will be provided to all Board members.
G. 
All meetings are open to the public, except that the Board may meet in closed session or adjourn an open session to meet in a closed session in accordance with the Maryland Annotated Code, General Provisions Article, § 3-305, as amended from time to time.
H. 
Any meeting of the Board may be conducted by telephone conference call, provided that Board members and the public are given at least three-day notice prior to the meeting and a full duplex telephone system is used with provision for a location where the public who may wish to observe the meeting may listen to the entirety of the meeting as it is occurring.
A. 
Any person charged with a violation of this Chapter 7 may request that the Animal Matters Hearing Board conduct an administrative hearing to determine if there is substantial evidence to support the issuance of a citation.
B. 
If the Animal Matters Hearing Board finds that there is not substantial evidence to support a citation, it shall dismiss the citation.
C. 
If the Animal Matters Hearing Board finds that there is substantial evidence to support a citation, it may, in addition to levying and imposing the costs of the proceedings upon the appellant:
(1) 
Sustain the citation and the penalties imposed upon the face of the citation;
(2) 
Sustain the citation and modify the penalties imposed upon the face of the citation as deemed necessary and appropriate upon the record before the Board.
D. 
The decisions and orders of the Animal Matters Hearing Board shall be final.
E. 
Any person aggrieved by a decision or order of the Animal Matters Hearing Board may petition for judicial review pursuant to Title 7, Chapter 200 of the Maryland Rules of Civil Procedure within 30 days of the date of the decision or order, unless a different statute of limitations is prescribed by law or the rules.