A.
The Animal Care and Control Authority may refuse to issue or may
revoke any license if the person holding the license refuses or fails
to comply with this chapter or any law governing the protection and
humane keeping of animals. Fines will be levied as set forth in the
applicable section(s) and no part of the license fee shall be refunded.
B.
Any person whose license is revoked under Chapter 142 may, within 14 calendar days of the decision revoking such license, appeal the decision to the ACCAB. A date and time will be set for a hearing at which those wishing to be heard concerning the revocation of the license will be heard. The ACCAB shall make a final decision affirming or reversing the decision of the Animal Care and Control Authority. The person whose license was revoked will have the right of appeal to the Circuit Court of Cecil County in accordance with the Maryland Rules of Procedure.
[Amended 9-15-2015 by Bill No.
2015-18[1]]
[1]
Editor's Note: This bill provided an effective date of
1-1-2016.
C.
It shall be a condition of the issuance of any license that the Animal
Care and Control Authority shall be permitted to inspect all animals
and the premises where animals are kept at any reasonable time and
shall, if permission for such inspections is refused, revoke the license
of the refusing owner.
D.
If the applicant has withheld or falsified any information on a kennel,
cattery or pet shop application, the Animal Care and Control Authority
shall refuse to issue a license or permit and shall revoke any existing
license or permit.
E.
No person holding an ownership, manager or board interest in any
kennel, cattery or pet shop who has been convicted of cruelty to animals
shall be issued a license or permit. An exception may be made for
shareholders of an incorporated pet shop with multiple shareholders;
however, no exception will be made for that corporation's managers
or board members.
F.
In order to obtain a kennel, cattery or pet shop license, the kennel,
cattery and/or pet shop shall pass an inspection as specified in forms
developed by the County Executive, which are on file in the office
of the Director of Finance and available on the World Wide Web at
www.ccgov.org. Three failed inspections within a license or permit
year shall result in a denial or revocation of the license or permit.
Revocation shall result in the animals being placed in the care of
another licensee within 14 days or seizure of the animals by the Animal
Care and Control Authority, with the kennel, cattery or pet shop owner(s)
being responsible for all necessary veterinary costs and all applicable
fines and fees. If a license is revoked, the license holder(s) shall
not be granted another license for a period of up to three years from
the revocation date.
[Amended 2-4-2014 by Bill
No. 2013-19[2]]
[2]
Editor’s Note: This bill also provided that all its
provisions be effective retroactive to 7-1-2013.
G.
Any kennel, cattery or pet shop requiring a reinspection will be
charged a reinspection fee. A schedule of reinspection fees, as approved
by resolution of the County Council, upon the recommendation of the
County Executive, is on file in the office of the Director of Finance
and available on the World Wide Web at www.ccgov.org. Failure to comply
with a kennel reinspection shall result in a fine of up to $500. Failure
to pay any fees or fines may result in the denial or revocation of
the license and an additional fine of $300.
[Amended 2-4-2014 by Bill
No. 2013-19]
H.
All kennels, catteries and pet shops shall maintain a copy of any
completed kennel/cattery inspection performed by Animal Care and Control
Authority for a period of one year and shall display it in a prominent
place.
I.
Any critically ill animals in a kennel, cattery or pet shop not treated by a licensed veterinarian within a reasonable time, not to exceed 48 hours, may be seized by the Animal Care and Control Authority and provided with proper veterinarian care. The kennel, cattery or pet shop owner(s)/operator(s) will be held financially responsible for all incurred expenses, and the animal(s) may be returned to the kennel or retained by the Animal Care and Control Authority. Additionally, the kennel, cattery or pet shop owner/operator may be charged with animal cruelty and fined as set forth in § 142-18.
A.
A commercial kennel or cattery shall comply with all state and County
regulations. A kennel or cattery inspection shall be performed annually
by an Animal Care and Control Officer utilizing forms developed by
the County Executive, which are on file in the office of the Director
of Finance and available on the World Wide Web at www.ccgov.org. Continuing
to operate after revocation of a commercial kennel or cattery license
shall also result in a fine of up to $2,500.
[Amended 2-4-2014 by Bill
No. 2013-19]
B.
Failure to pass an inspection will result in suspension of the sale
and adoption of animals until the commercial kennel or cattery comes
into compliance upon reinspection.
C.
A commercial kennel shall present a completed program of veterinary
care and an exercise plan for dogs to the Animal Care and Control
Officer for review during an inspection, shall maintain a copy of
the approved plan for a period of one year, and shall display the
plans in a prominent place, utilizing forms developed by the County
Executive, which are on file in the office of the Director of Finance
and available on the World Wide Web at www.ccgov.org.
[Amended 2-4-2014 by Bill
No. 2013-19]
D.
A cattery shall present a completed Program of Veterinary Care for
cats for review during an inspection and shall maintain a copy of
the approved plan for a period of one year, and shall display the
plans in a prominent place, utilizing forms developed by the County
Executive, which are on file in the office of the Director of Finance
and available on the World Wide Web at www.ccgov.org.
[Amended 2-4-2014 by Bill
No. 2013-19]
E.
Commercial kennels shall comply with current County zoning regulations.
F.
A commercial kennel or cattery shall have a business license and
a County commercial kennel license.
G.
Each dog shall have an individual dog license.
H.
All breeding dogs and cats shall have a registered microchip.
I.
No bitch or queen shall be bred until she is certified healthy to
breed by a licensed veterinarian for each litter.
J.
Only puppies and kittens a minimum of eight weeks of age and certified
healthy by a licensed veterinarian may be sold.
K.
Possession of a commercial kennel or cattery license infers permission
to allow the Animal Care and Control Authority to inspect mother and
puppies to assure good health and proper nutrition.
L.
All kennel and cattery enclosures shall provide sufficient space
to allow the animal to move freely and fully extend so that no parts
of the animal's body touches any side of the enclosure or another
animal in the enclosure.
M.
All dogs shall be provided a minimum of two exercise periods totaling
two hours within a twenty-four-hour period, and documentation of such
time periods shall be maintained and provided when requested.
N.
Measures shall be taken to minimize exposure to rodents, insects
and pests.
O.
Fresh, potable water shall be available at all times. The water receptacle
shall be sanitary and made unable to be tipped over.
P.
All animals shall have proof of a rabies vaccination administered
by a licensed veterinarian.
Q.
All records shall be kept for a minimum of two years.
A.
A hobby kennel shall comply with all state and County regulations.
A kennel inspection shall be performed annually by an Animal Care
and Control Officer.
B.
A hobby kennel shall present a completed program of veterinary care
and an exercise plan for dogs to the Animal Care and Control Officer
for review during an inspection and shall maintain a copy of the approved
plans for a period of one year, displayed in a prominent place, utilizing
forms developed by the County Executive, which are on file in the
office of the Director of Finance and available on the World Wide
Web at www.ccgov.org.
[Amended 2-4-2014 by Bill
No. 2013-19]
C.
Each dog shall have an individual dog license.
D.
A hobby kennel shall have a hobby kennel license, which may be obtained
utilizing forms developed by the County Executive, which are on file
in the office of the Director of Finance and available on the World
Wide Web at www.ccgov.org.
[Amended 2-4-2014 by Bill
No. 2013-19]
E.
A commercial kennel license shall be required if breeding more than
two litters for sale within a twelve-month period.
F.
Only puppies a minimum of eight weeks of age and certified healthy
by a licensed veterinarian may be sold.
G.
Possession of a hobby kennel license infers permission to allow the
Animal Care and Control Authority to inspect any mother and puppies
to assure good health and proper nutrition.
A.
A boarding kennel shall comply with all state and County regulations.
A kennel inspection, utilizing forms developed by the County Executive,
which are on file in the office of the Director of Finance and available
on the World Wide Web at www.ccgov.org; shall be performed by an Animal
Care and Control Officer; thereafter, the kennel is only subject to
unannounced inspections by the Animal Care and Control Authority.
[Amended 2-4-2014 by Bill
No. 2013-19]
B.
A boarding kennel shall present a completed exercise plan for dogs
to the Animal Care and Control Officer for review during an inspection
and shall maintain a copy of the approved plan for a period of one
year, displayed in a prominent place, utilizing forms developed by
the County Executive, which are on file in the office of the Director
of Finance and available on the World Wide Web at www.ccgov.com.
[Amended 2-4-2014 by Bill
No. 2013-19]
C.
A boarding kennel shall comply with all County and zoning regulations.
[Amended 2-4-2014 by Bill
No. 2013-19]
D.
A boarding kennel shall be clean and free from objectionable odors.
E.
The inside ambient temperature shall be regulated and cannot exceed
80° F., or a temperature considered safe for the animal's
health as determined by the breed and condition of the dog. The boarding
kennel shall be kept clean and free of any debris that could endanger
the animal and in good repair at all times. 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.
F.
Kennels must be structurally sound and maintained in safe, working
conditions to properly confine animals, prevent injury, keep other
animals out, and enable the animals to remain dry and clean; there
must not be any sharp edges, gaps or other defects that could cause
an injury or trap a limb or other body part. Secure latches or other
closing devices must be present. Wire-mesh bottoms or slatted floors
in cages are not acceptable for primary enclosures.
[Amended 2-4-2014 by Bill
No. 2013-19]
G.
The floors of kennels and individual exercise areas shall be constructed
and maintained in such a condition as to prevent ponding of any liquefied
substances.
H.
Only one dog shall be housed per kennel unless the dogs are from
the same household.
I.
All dogs shall have access to outdoor exercise areas.
J.
The facility shall be maintained and repairs carried out regularly.
K.
At no time will stray animals be housed with boarded animals, except
during a declared emergency or disaster at the request of state or
County emergency officials.
L.
Measures shall be taken to minimize exposure to rodents, insects
and pests.
M.
Fresh, potable water shall be available at all times. The water receptacle
shall be sanitary and made unable to be tipped over.
N.
All animals shall have proof of a rabies vaccination administered
by a licensed veterinarian.
O.
If the owner of a boarding kennel also owns a licensed hobby kennel,
the boarding kennel application fee will be waived if both the hobby
kennel license and boarding kennel license are applied for at the
same time.
[Amended 2-4-2014 by Bill
No. 2013-19]
A.
An IRS-defined nonprofit canine rescue kennel shall comply with all
state and County regulations and is subject to all fines and fees
as set forth in this chapter.
B.
An annual IRS-defined nonprofit canine rescue kennel permit application
shall be submitted and approved. Applications may be obtained from
the office of the Director of Finance, the Animal Care and Control
Authority or the World Wide Web at www.ccgov.org. The applicant shall
contact the Animal Care and Control Authority for an application review
and to schedule an annual inspection. The application review/inspection
fee will be waived for IRS-defined nonprofit canine rescue kennels.
[Amended 2-4-2014 by Bill
No. 2013-19]
C.
An IRS-defined nonprofit canine rescue kennel shall maintain a current
program of veterinary care and an exercise plan for dogs. These shall
be displayed in a prominent place, utilizing forms developed by the
County Executive, which are on file in the office of the Director
of Finance and available on the World Wide Web at www.ccgov.org.
[Amended 2-4-2014 by Bill
No. 2013-19]
D.
All dogs shall be rabies vaccinated according to County code but
individual dogs do not have to have a license due to the transient
nature of the dogs, except in the case of a dog that has been declared
dangerous by the Animal Care and Control Authority which shall be
licensed within 10 days of the declaration.
[Added 9-15-2015 by Bill No. 2015-18[1]]
A.
The Animal Care and Control Authority shall at all times possess and maintain, in good standing and without restriction, all licenses required under § 142-27 of this chapter and law or regulation of the State of Maryland.
B.
The County will contract with an independent third party to perform
a precontract and post-contract inspection of the Animal Care and
Control Authority, and shall contract with an independent third party
to perform an annual license renewal inspection of the Animal Care
and Control Authority to assure compliance with this chapter and law
or regulation of the State of Maryland. The County may suspend or
terminate its contract with the Animal Care and Control Authority
upon a finding by the County that the Animal Care and Control Authority
has failed the annual inspection, has had a required license suspended
or revoked, or upon a finding that the Animal Care and Control Authority
refuses or fails to comply with this chapter or any law governing
the protection and humane keeping of animals.
C.
The County or its agent may enter upon the Animal Care and Control
Authority's business premises to inspect all animals and the
premises where animals are kept at any reasonable time and may, if
permission for such inspection is refused, suspend or terminate the
County's contract with the Animal Care and Control Authority.
D.
No person who has been convicted of cruelty to animals or a crime
of moral turpitude may hold an ownership, manager or Board interest
in the Animal Care and Control Authority, be employed by the ACCA,
or serve as a subcontractor to the ACCA.
[1]
Editor's Note: This bill provided an effective date of
1-1-2016.
A.
Failure to pass an inspection will result in suspension of the sale
and adoption of animals until the pet shop comes into compliance upon
reinspection.
B.
Pet shops shall maintain current health certificates, rabies vaccinations,
program of veterinary care and an exercise plan for applicable animals.
These shall be displayed in a prominent place, utilizing forms developed
by the County Executive, which are on file in the office of the Director
of Finance and available on the World Wide Web at www.ccgov.org.
[Amended 2-4-2014 by Bill
No. 2013-19]
C.
All pet shops, including pet shops run in conjunction with any other
business, shall, in addition to all other requirements of law, comply
with the minimum standards for maintaining satisfactory sanitary and
housing requirements established by the County and State Departments
of Health and the Animal Care and Control Authority. The annual licensing
fee shall be established by resolution of the County Council, upon
the recommendation of the County Executive.
[Amended 2-4-2014 by Bill
No. 2013-19]
D.
Additional minimum pet shop standards are:
(1)
All animals shall be treated humanely.
(2)
All animals shall be provided with nutritious food in sufficient
quantity, proper drink, air, and space appropriate to the age and
type of animal, as well as necessary veterinary care. All mammals
under three months of age shall be fed at least three times per day.
(3)
All animals shall be fed, watered and provided with clean bedding
every day of the week, including Sundays and holidays.
(4)
All food shall be served in a clean container, mounted so that the
animal cannot readily tip it over or defecate or urinate therein.
(5)
Fresh water shall be available to all animals at all times. All water
containers shall be mounted so that the animal cannot readily turn
them over and should be removable for cleaning.
(6)
The temperature of the animal enclosures shall be maintained at a
level suitable for the animal contained therein.
(7)
There shall be sufficient clean, dry bedding to meet the needs of
each animal.
(8)
Hot water with a commercial disinfectant shall be kept at a minimum
temperature of 110° F. and shall be available for the washing
and disinfecting of food dishes, water dishes and cages.
(9)
All cages and enclosures shall be constructed of a nonporous material
for ease in cleansing and disinfecting. Each cage shall be of sufficient
size to allow the enclosed animal to stand, turn and stretch to its
full length and height within the enclosure.
(10)
If a mesh or screen-type material is used as a suspended cage
floor, 1/2 of the mesh surface is required to be covered with a removable,
flat, nonporous material. This material will be required to be in
place in the cage while occupied, with the exception of cleaning and
disinfecting time.
(11)
All fish shall be contained in a clean, algae-free tank in which
the water temperature shall be maintained at a constant, healthful
level, with the exception of the species of fish that needs algae
to survive in its environment. Dead fish shall immediately be removed
from the tanks.
(12)
Pet shops selling psittacine birds shall comply with all Health
Department requirements for psittacine birds, including completion
of the required State of Maryland application for an exotic bird permit,
utilizing forms developed by the County Executive, which are on file
in the Office of the Director of Finance and available on the World
Wide Web at www.ccgov.org. Every bird shall be place in a clean cage
with sufficient room to allow the bird to sit upon a perch Large birds
shall be placed in separate cages from smaller birds.
[Amended 2-4-2014 by Bill
No. 2013-19]
E.
The Animal Care and Control Authority may suspend, revoke or refuse
any license issued under this section if the licensee has secured
such license by misrepresentations or has failed to maintain the standards
required by this section.
A.
A kennel, cattery or pet shop closure application shall be submitted
to the Animal Care and Control Authority prior to closure of a licensed
kennel or pet shop, utilizing forms developed by the County Executive,
which are on file in the office of the Director of Finance and available
on the World Wide Web at www.ccgov.org. Once the Animal Care and Control
Authority receives the application, a closure inspection shall be
performed before the kennel or pet shop may officially close. Kennel,
cattery and pet shop owners who voluntarily close their kennel should
feel free to consult with the Animal Care and Control Authority for
assistance in re-homing animals.
[Amended 2-4-2014 by Bill
No. 2013-19]
B.
Any pet shop, kennel or cattery closure prior to receiving Animal
Care and Control Authority approval shall result in the assessment
of a fine of $500. This fine shall be in addition to any other applicable
fines provided in this chapter.
