An owner shall provide his or her animal(s) with nutritious
food in sufficient quantity, necessary veterinary care, proper drink,
air, space, and shelter or protection from the weather. A proper shelter
shall be of sufficient size to allow the animal to stand, turn and
stretch to its full length and height within the enclosure. An owner
shall keep all confinement environments clean, free from feces, urine
and debris by implementing housing and husbandry practices that are
utilized to ensure both the physical and mental health of all customary
household pets. An enclosure where animals are kept shall be graded
and drained so as to keep the surface reasonably dry and prevent any
fluids from running through the enclosure. Flies shall be controlled
in all enclosures.
A.
Between December 1 and March 15, the following shall be provided:
(1)
Dog shelters shall have a weatherproof roof and the entryway shall
be protected by an offset outer door or a flexible flap made of windproof
material. The floor shall be solid and raised from the ground at least
two inches. No interior surfaces shall be metal. The dog shelter opening
shall be facing away from the prevailing winds.
(2)
Bedding, such as wood shavings, straw or other absorbent material,
shall be provided in sufficient quantity for insulation against cold
and damp. Bedding shall be kept dry.
(3)
If there is no artificial heat source, structures shall be small
enough to allow the dog to warm the interior of the structure and
maintain his or her body heat but large enough to permit ease of entry
and normal postural adjustments, as previously defined.
(4)
Fresh, potable water without ice shall be made available to the dog
a minimum of twice daily. The water receptacle shall be sanitary and
made unable to be tipped over.
B.
During the summer months between June 1 and September 15, shade,
either natural or man-made, shall be made available to a confined
dog between the hours of 11:00 a.m. and 3:30 p.m.
(1)
Fresh, potable water shall always be made available. The water receptacle
shall be made sanitary and unable to be tipped over.
(2)
Under no circumstances shall a dog house be considered shade during
the summer months.
(3)
Proper shelter, including protection from the weather and elements,
shall be provided. The shelter for a dog shall have a weatherproof
roof, enclosed sides, a doorway, and a solid floor raised at least
two inches from the ground, and no interior surfaces shall be metal.
C.
A dog kennel for outside dogs shall meet the minimum size requirements
as listed in Table 209-601-1. These requirements are applicable to
all kennels, veterinary hospitals, pet shops, animal care and control
facilities and humane organizations.
|
Table 142-17-1
All dimensions below are in feet and are in addition to and
exclude a dog house.
| ||||
|---|---|---|---|---|
|
Number of Dogs
|
Small
(up to 25 pounds)
|
Medium
(25 to 50 pounds)
|
Large
(over 50 pounds)
| |
|
1
|
3 x 7
(21 square feet)
|
6 x 10
(60 square feet)
|
8 x 10
(80 square feet)
| |
|
2
|
4 x 8
(32 square feet)
|
8 x 10
(80 square feet)
|
10 x 10
(100 square feet)
| |
|
3
|
5 x 9
(45 square feet)
|
8 x 12
(96 square feet)
|
10 x 14
(140 square feet)
| |
|
4
|
8 x 10
(80 square feet)
|
10 x 12
(120 square feet)
|
12 x 16
(192 square feet)
| |
D.
The owner of a dog shall not tie, chain, cable or in any way tether
a dog outside for more than 12 hours within a twenty-four-hour period,
except at sporting events, unless there is inclement weather.
E.
A tether to confine a dog shall be a minimum of 4 1/2 times
the length of the dog (nose to tail base) and under no circumstances
less than 10 feet long (unless impossible due to property size, in
which case the Animal Care and Control Authority shall set forth reasonable
substitute requirements).
(1)
Exceptions
to this tethering length requirement shall be permitted for dogs:
(a)
Actively herding, shepherding or cultivating agricultural products
where tethering is reasonably necessary for the safety of the dog.
(b)
During training, exhibition, performance or sporting events,
including field and obedience trials, where tethering does not occur
for a period exceeding seven days.
(c)
When camping or during other recreational activities where written
tethering requirements are set by the camping or recreational area
where the dog is located.
(2)
Under these exceptions, generally accepted safe tethering practices
that do not endanger the dog shall still be required. The Animal Care
and Control Authority shall have authority to determine what constitutes
generally accepted safe tethering practices, if necessary, under these
conditions.
F.
The tether shall have swivels at both ends to prevent kinking and
knotting. The area covered shall be maintained so that the tether
cannot become entangled or pose a substantial risk of injury to the
dog and shall be positioned so that the dog cannot wrap the tether
around posts, trees or debris, or hang by jumping a fence or guardrail,
or drown by jumping into a pool.
G.
Housing requirements.
(1)
Enclosed
buildings and sheds used for the housing of dogs shall:
(a)
Have readily available outdoor access and be ventilated, i.e.,
via forced air.
(b)
Be reasonably lighted.
(c)
Provide protection from the weather.
(d)
Maintain a temperature considered safe for the animal's
health as determined by the breed and condition of the dog.
(e)
Be kept clean and free of any debris that could endanger the
animal.
(f)
Be kept in good repair at all times.
(2)
Animal Care and Control will use a guide such as the Tufts Animal
Care and Condition (TACC) Scales for Assessing Body Condition, Weather
and Environmental Safety, and Physical Care in Dogs, in determining
the safe temperature. This guide can be referenced online or at a
public library.
A person shall not cause, procure or authorize any of the following:
A.
Subject an animal to cruelty or neglect.
B.
Poison a domesticated animal.
C.
Leave ground glass where an animal can ingest it.
D.
Cruelly kill, maim, shoot, or otherwise injure an animal, except
that:
(1)
A licensed hunter may shoot wild animals during the permitted hunting
season.
(2)
The owner or tenant of land may shoot to humanely kill an animal which preys upon or destroys the owner's or tenant's livestock, provided the animal is not a protected or endangered species under County, state, or federal law. The person who kills an animal must notify the Animal Care and Control Authority or law enforcement of the incident as soon after as reasonably possible. The person who kills an animal under this Subsection D(2) shall complete and submit a report of the incident to the Animal Care and Control Authority as specified by Appendix 17, Humane Killing of an Animal by a Person Other than a Licensed Veterinarian, Animal Care and Control or Law Enforcement Report.[1]
[1]
Editor's Note: The appendixes are on file in the office of
the Director of Finance and on the County website: www.ccgov.org.
(3)
A person may protect himself or herself, or others, from an imminent attack by a domesticated or nondomesticated animal; however, this protection shall be done as humanely as possible under the circumstances. Immediately after the incident, the person taking the protective action must immediately notify the Animal Care and Control Authority or law enforcement. If the protective action results in the death of an animal, the person who kills an animal under this Subsection D(3) shall complete and submit a report of the incident to Animal Care and Control Authority as specified by Appendix 17, Humane Killing of an Animal by a Person Other than a Licensed Veterinarian, Animal Care and Control or Law Enforcement Report.
(4)
A person may humanely kill a mortally wounded nondomesticated animal. The person who kills the animal must notify the Animal Care and Control Authority or law enforcement of the incident as soon after as reasonably possible. The person who kills an animal under this Subsection D(4) shall complete and submit a report of the incident to the Animal Care and Control Authority as specified by Appendix 17, Humane Killing of an Animal by a Person Other than a Licensed Veterinarian, Animal Care and Control or Law Enforcement Report.
(5)
A person who encounters a wounded domesticated animal shall notify
the Animal Care and Control Authority or law enforcement as soon after
as reasonably possible.
E.
Abandon, or appear to abandon, a domestic animal by leaving or discarding
it on roadsides, in trash containers, in or on vacated or vacant premises
or any other place.
F.
Deliberately injure, abuse, or run down an animal with a vehicle.
G.
Deliberately encourage any animal to fight, engage in cockfighting
or dog fighting, train or raise animals for fighting, or organize
or participate in any way in animal fights. It is also illegal to
possess, with the intent to unlawfully use, any of the following:
treadmills, breaksticks, pain numbing drugs, steroids, IV catheters,
bait, cat mill/jenny, sprintpole/jumppole, chains, weights, and fighting
rings.
H.
Tease, torment, or deliberately incite an animal, provided that:
(1)
Ordinary activities of people on their own property, such as mowing
or playing with children and ordinary activities of passersby such
as walking or jogging on the sidewalk in front of the animal owner's
property are not deliberate incitements, however excited or disturbed
the animal becomes from these activities; and
(2)
Training of an animal for police work by the state or by a political
jurisdiction of the state shall not be considered teasing, tormenting,
or deliberately inciting the animal.
I.
Allow any animal to remain in a vehicle or a closed building in a
manner that endangers the health or safety of the animal. Under this
subsection, an Animal Care and Control Officer or law enforcement
officer may use reasonable force to remove the animal from the vehicle.
Any such officer who uses force under this subsection shall not be
held liable for any damages resulting from the use of that force.
Animals may remain in horse trailers and sporting dog boxes in a manner
which is generally accepted by the horse and sporting dog community.
J.
Violations of this § 142-18 shall result in the assessment of fines as follows:
A.
This section shall not include a working farm, provided that normal
and customary farming practices are in use, or an animal that is accompanied
by its owner or under the owner's control when engaged in supervised
hunting.
B.
The owner shall keep his/her animal from approaching a passerby in
a menacing or aggressive fashion.
C.
The owner shall keep his/her animal from destroying the private property
of others.
D.
The owner shall keep an animal from continually disturbing the quiet
of any person or neighborhood, or shall keep any animal from causing
frequent or long-continued noise to the disturbance of the comfort
or repose of any person or neighborhood.
(1)
Any person disturbed by a continually noisy animal shall first advise
the owner or custodian who keeps such animal, by certified mail, which
includes a copy of this ordinance section, of the fact that the animal,
by causing frequent or continued noise, is disturbing the complainant
or the neighborhood.
(2)
No owner or custodian shall fail to abate a nuisance caused by the
frequent, habitual or continuing noise of his or her animal after
having been notified by a complainant by certified mail.
(3)
Should the animal's owner fail to abate the nuisance, the complainant
shall contact the Animal Care and Control Authority (reference Appendix
16, Animal Complaint Form[1]).
[1]
Editor's Note: The appendixes are on file in the office of
the Director of Finance and on the County website: www.ccgov.org.
(4)
The Animal Care and Control Authority will investigate a properly
documented Animal Complaint Form (reference Appendix 16).
(5)
If the Animal Care and Control Authority determines it does not have
sufficient evidence to proceed, a complainant still has the right
to swear out a complaint in the District Court. Refer to Article 24,
§ 11-504(l)(5), of the Annotated Code of Maryland.
E.
The owner shall keep his/her animal from continual actions and behaviors
that could reasonably lead to his/her animal being declared a public
nuisance animal by the Animal Care and Control Authority. Such animal(s)
may be subject to seizure by the Animal Care and Control Authority.
Following the seizure of an animal, the owner may attempt to redeem
the animal by filing a writ of replevin in District Court within 10
days. Failure to file a writ of replevin within a ten-day period shall
result in the animal becoming the property of the Animal Care and
Control Authority.
F.
Violations of this § 142-19 shall result in the assessment of fines as follows:
A.
Dogs shall be kept under restraint or effective control at all times,
unless the animal is engaged in supervised hunting or another activity
where restraint might endanger the animal's life or safety.
B.
All dogs shall be restrained by leash, chain, kennel or fence.
C.
The owner of an animal, other than a cat, shall prevent the animal
from leaving the owner's property unattended or unrestrained.
D.
The owner of an animal(s) that is fenced shall erect fencing normally
considered suitable for the species and type of animal to be contained.
Fencing shall be appropriate so as to keep the intended animals restrained
within its boundaries. Fencing shall be monitored, well maintained
and kept in good repair. In the case of a dog, if the owner utilizes
an "invisible fence" to restrain a dog it shall only be used if it
consistently and effectively restrains the dog and is appropriate
to be accessible for the dog in question. No vicious or dangerous
dog shall be restrained behind an "invisible fence."
E.
Any dog at large that attacks another animal or person causing injury documented by a veterinarian or human doctor or causes property damage shall result in the dog's owner being subject to penalties as set in Subsection G below.
F.
In addition to, or in lieu of, impounding an animal found at large, the Animal Care and Control Officer or law enforcement officer may issue to the known owner of such animal a citation. The citation shall impose upon the owner a fine as indicated by the Animal Care and Control Officer or law enforcement officer. In the event that such fine is not paid within 20 days to the Cecil County Director of Finance, said citation shall be forwarded to the Cecil County District Court for disposition. Upon conviction of a violation of this chapter, or any rules and regulations adopted pursuant hereto, the owner shall be subject to penalties as set in Subsection G below. The fine assessed by the Animal Care and Control Officer, as herein provided, shall be increased or decreased by the court upon conviction as aforesaid.
A.
The owner of a female dog in heat shall keep the dog secure inside
a well-ventilated building on the owner's property, except that:
(1)
When the dog is on a leash and is accompanied by the owner, the dog
may be allowed outside for the purpose of natural relief, but shall
not be taken off the owner's property.
(2)
When necessary for medical treatment, boarding, or breeding, and
while under the direct and effective control of the owner, the dog
may be conveyed to and left at a suitable place to be treated, boarded,
bred or shown in an organized dog show or event. For purposes of this
section, "suitable place" shall mean a licensed kennel, an establishment
operated by a licensed veterinarian, or a location at which the person
assuming care and custody of the dog prevents the dog from coming
in contact with other dogs, except for planned breeding.
A.
The owner of every animal shall be responsible for the removal of
all excreta deposited by the animal(s) on public property, including
walks, recreation areas, or on private property other than that of
the owner. The owner of every animal shall not allow excreta deposited
by animals to accumulate on his or her property so as to cause a health
hazard or become a nuisance. This subsection shall not include a working
farm, provided that normal and customary farming practices are in
use.
B.
When any domestic animal dies, its owner shall be responsible for
the animal to be removed, pursuant to the direction of the Animal
Care and Control Authority, to a crematorium or animal rendering company
or to be composted or buried within 72 hours of the death of the animal.
C.
It shall be unlawful for any person, whether the owner or lessee
of a property, to allow a dead domestic animal to decay on his or
her property without the permission of the Animal Care and Control
Authority and the Health Department.
D.
It shall be unlawful for any person to allow a domestic animal to
foul the air of neighboring property owners so as to keep them from
the enjoyment of their property through animal waste or an animal's
death. This subsection shall not include a working farm, provided
that normal and customary farming practices are in use.
