A.
Kennel facilities and breeding facilities located in Calvert County
shall be required to obtain a commercial animal establishment license
issued by the Board of County Commissioners through the Animal Control
Division on an annual basis.
A.
The application for a commercial animal establishment shall include:
(1)
Upon the initial issuance of a license, evidence of an approved
permit from the Department of Planning and Zoning or a certification
from the Department of Planning and Zoning stating the commercial
animal establishment is in compliance with the Zoning Ordinance and
a permitted use at the stated location;
(2)
Evidence of all required state licenses; and
(3)
The owner's certification that he/she has not been found guilty
of cruelty to animals in any jurisdiction or state.
B.
No person, partnership, or corporation found guilty of cruelty to
animals in any jurisdiction or state shall be issued a license to
operate a commercial animal establishment in Calvert County.
A.
The annual licensing fees shall be established by the Board of County
Commissioners and may be modified from time to time.
A.
Except for establishments operated by a licensed and regularly practicing
veterinarian, Animal Control Officers are authorized to inspect animal
establishments:
(1)
To determine if the establishment is operating in accordance
with the license issued;
(2)
To determine if animals are being treated or kept in violation
of this chapter or state law.
(3)
On demand during normal business hours when the Animal Control
Officer is responding to a complaint that the:
B.
It shall be unlawful for a person to refuse to allow an inspection
of a commercial animal establishment.
A.
Any person, partnership, corporation, or other entity denied a license
shall not be eligible to reapply for a period of six months from the
date of denial.
B.
In addition to any sanction imposed by a court or other entity having
jurisdiction to enforce this chapter, a license may be suspended for
up to 30 days if a licensee is convicted of a Class A, B or C violation
of this chapter.
C.
A license may suspended for up to 60 days or revoked if a licensee
is convicted of a Class D or E violation or a subsequent Class A,
B or C violation of this chapter.
D.
A license shall be revoked if the licensee is found to have withheld
or falsified any information on the application for the license.
E.
A license may not be suspended or revoked without notice to the licensee
and an opportunity for a hearing. The Director of the Department of
Public Safety shall conduct the hearing. Notice of the proposed suspension
or revocation shall be served upon the licensee at least 30 days before
the hearing by certified mail or by personal service and shall specify
the reasons for the proposed suspension or revocation.
F.
At the conclusion of the hearing, the Director of Public Safety shall
issue a written finding of facts, conclusions of law and order.
G.
The decision of the Director may be appealed to the Circuit Court
for Calvert County pursuant to Title 7, Chapter 200, of the Maryland
Rules of Procedure as amended from time to time.
H.
Insurance of new license after revocation.
(1)
A licensee who has had a license previously issued under this
chapter revoked shall not be eligible for another license unless approval
for the new license is granted by the Director of Public Safety after
a hearing.
(2)
A licensee who has had a license previously issued under this
chapter revoked may not apply for another license unless one year
has passed between the revocation of the previous license and application
to the Director for a new license.
(3)
The applicant shall meet any conditions placed on the issuance
of the license by the Director prior to the issuance of the license
by the Animal Control Division.
A.
A violation of this article is a Class D violation.
B.
A citation issued for a commercial animal establishment operating
with an expired license shall be waived if:
(1)
The owner has not received any other citations within the preceding
24 months;
(2)
At the time of the violation, the owner issued the citation
is not receiving any other citations for violations of these regulations;
(3)
The license has not been expired more than 30 days; and
(4)
Within 14 business days from the date the citation was issued,
the owner presents evidence of a valid license to the Animal Control
Division.
