As used in this chapter, the following terms have the meanings
indicated. Any term not defined in this chapter shall have the meaning
as defined in any other ordinance of the Code. Any term not defined
in the Code shall have its generally accepted meaning.
ANIMAL ABANDONMENT
Any owner of a domesticated animal who does not humanely
dispose of the animal or transfer ownership to some responsible person
when ownership is no longer desired.
ANIMAL CARE AND CONTROL AUTHORITY (ACCA)
The organization(s), agency(s), department(s) or corporation(s)
designated by the Cecil County government to administer and enforce
the provisions of this code and/or to administer the County's
designated animal center.
ANIMAL CARE AND CONTROL CENTER
A facility operated by or on behalf of the Cecil County government
for the purpose of impounding animals in accordance with authority
granted pursuant to contract with the County for animal care and control
services related to the care, confinement, redemption, adoption, or
euthanasia of animals under impound with the ACCA.
[Amended 9-15-2015 by
Bill No. 2015-18]
ANIMAL CARE AND CONTROL OFFICERS
The person or persons authorized on behalf of the Cecil County
government or by the ACCA to enforce this chapter and applicable state
laws on behalf of Cecil County.
ANIMALS EXPOSED TO RABIES
An animal that is known or is suspected to have had a bite
from or non-bite contact with another animal that is known or suspected
to be infected with rabies (COMAR 10.06.02).
ANIMAL SHELTER
Any facility operated by a humane organization, tax-exempt
organization, or municipal agency, or its authorized agents for the
purpose of impounding or caring for animals.
AT LARGE
Any animal not under effective control or unrestrained while
not on its owner's property.
AUCTIONS
Any place or facility where animals are bought, sold, or
traded through a bid process, except for those facilities otherwise
defined in this chapter. This definition does not apply to individual
sales of animals by owners.
BOARDING
Keeping an animal overnight in a commercial establishment
used for the keeping of animals.
BUSINESS DAY
A day when the County government is open, typically Monday
through Friday, except for County-recognized holidays.
[Added 9-15-2015 by Bill
No. 2015-18]
CATTERY
Any person, group of persons, association or corporation
that engages in buying or selling cats and breeds three or more litters
within a twelve-month period for compensation.
COMPUTING TIME
In computing any period of time prescribed by this chapter,
or by any applicable state statute, the day of the act or event after
which the designated period of time begins to run is not included.
The last day of the period so computed is included unless it is a
Sunday or federal holiday, in which event the period runs until the
end of the next day that is not a Sunday or federal holiday.
[Added 9-15-2015 by Bill No. 2015-18]
CRUELTY
The unnecessary or unjustifiable physical pain or suffering
caused or allowed by an act, omission or neglect. Cruelty includes
torture and torment.
CUSTODIAN
Any person, partnership or corporation that provides food,
shelter and care for an animal in the absence of the owner.
DANGEROUS WILD ANIMAL
As defined in § 10-621 of the Criminal Law Article
of the Annotated Code of Maryland.
DOMESTIC ANIMAL
Animals which, through extremely long association with humans,
have been bred to a degree which has resulted in genetic changes affecting
the temperament, color, conformation, or other attributes of the species
to an extent that makes them unique and distinguishable from wild
individuals of their species. Domestic animals include but are not
limited to pets such as dogs, cats, rabbits, guinea pigs, hamsters,
and other small rodents, European ferrets and hedgehogs, nonpoisonous
reptiles, and amphibians, parakeets, cockatiels and other commercially
raised birds.
EFFECTIVE TEMPERATURE
The temperature as affected by meteorological conditions,
such as wind chill, sun or rain.
FACILITY
A building or property, other than a private residence, in
which animals are maintained.
HARBOR
The act of feeding or sheltering an animal for three or more
consecutive days or parts of days.
HEALTH CERTIFICATE
A legible certificate on an official form approved and authorized
by the Health Officer of the state of origin or the U.S. Department
of Agriculture.
HEALTH OFFICER
The person in charge of the Cecil County Health Department.
KENNEL, BOARDING
A commercial establishment used for the purpose of housing
animals overnight. Medical boarding in veterinary hospitals is not
included.
KENNEL, COMMERCIAL
Any person, group of persons, association or corporation
engaged in the business of breeding three or more litters within a
twelve-month period, buying or selling dogs for compensation.
KENNEL, HOBBY
An organization or individual which or who owns or houses
no less than 10 dogs and no more than 20 dogs, over the age of four
months, kept for practical purposes, including, but not limited to,
hunting and tracking. A hobby kennel does not meet the definition
of a "commercial kennel" and no more than two litters shall be bred
and sold within a twelve-month period.
KENNEL, IRS-DEFINED NONPROFIT CANINE RESCUE
Any facility, structure, house, or other building that is
owned, operated or maintained by an IRS-defined nonprofit canine rescue
group/organization that provides shelter, humane care and treatment
for unowned or unwanted dogs, while attempting to find permanent,
adoptive homes for those dogs or serves as those dog's permanent
home.
MOLEST
To interfere with freedom of movement.
NEGLECT
An act of omission or commission whereby an animal is deprived
of access to fresh, potable water, nutritious food in sufficient quantity,
shelter, shade, air, veterinary care or sanitary conditions, or is
otherwise confined, thereby causing a lack of freedom of movement
adequate to ensure access to any of the above (necessary veterinary
care, proper drink, air, space, and shelter or protection from the
weather).
NOTIFY or NOTIFICATION
To use every reasonable attempt to make contact, including,
but not limited to, any of the following: telephone, U.S. mail, posting
of the property in a conspicuous place or e-mail.
OWNER
Any adult person, partnership, or corporation owning, keeping,
harboring, or having custody (either temporarily or permanently) of
one or more animals.
PET
A domesticated animal kept for pleasure rather than utility.
PET SHOP
Any commercial establishment that sells live animals with
the intent that they be kept as pets, whether as a separate operation
or in connection with any other business enterprise.
PRACTICAL
Pertaining to or concerned with ordinary activities, business,
or work.
PUBLIC NUISANCE ANIMAL
Any animal, or animals, that unreasonably interferes with
the rights of citizens to enjoyment of life or property. The term
"public nuisance animal" shall mean and include, but is not limited
to, any animal which:
A.
Continues to molest passersby or passing vehicles; or
B.
Is repeatedly at large, or is a stray; or
C.
Continues to damage private or public property; or
D.
Continues to disturb the neighbors or the community (including,
but not limited to, continued and repeated howling, barking, whining,
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; or
E.
Is found to be in violation of dangerous animal restraint requirements.
PUBLIC NUISANCE FACILITY OR RESIDENCE
Any residence or facility whose owner or inhabitant(s) has
received three or more nuisance citations for the same or different
nuisances within the previous 24 months.
PURSUE
To follow in order to capture, contain or, if necessary,
destroy.
QUARANTINE
Pursuant to an order of the Public Health Veterinarian or
local Health Officer and on the private premises of the owner or custodian
of the animal or at a Health-Department-approved facility, confinement
of an animal by leash, an escape-proof enclosure, or another manner,
approved in writing by the Public Health Veterinarian or local Health
Officer, that ensures protection of the public health (COMAR 10.06.02).
RESPONSIBLE PERSON
A person who could reasonably be expected to be capable of
effectively controlling the animal in question.
RESTRAINT
Any animal secured and under effective control of a responsible
person by means such as a leash or lead or within the real property
limits of its owner. An animal which threatens bodily injury is not
under "restraint."
SANITARY
A condition of good order and cleanliness which minimizes
the probability of transmission of disease and does not cause a fouling
of the air which would be deemed offensive to neighbors or other persons
in close proximity to the area. For this definition, "fouling of the
air" shall not apply to a working farm, provided that normal and customary
farming practices are in use.
SECURE ENCLOSURE
A fenced area or building from which a dog cannot escape
or be accidentally released and which cannot be entered by animals
or unauthorized persons. (An invisible electric fence is not considered
a secure enclosure for vicious or dangerous animals.)
STRAY
A domesticated animal that is running at large without identification
or a dog license.
ZOOLOGICAL PARK
Any property displaying, harboring, or exhibiting one or
more species of wild or exotic animals owned by a person, partnership,
corporation, or governmental agency and shall be federally licensed.