[HISTORY: Adopted by the Mayor and Town Council
of the Town of North Beach as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Article X, Sec. 7, of the 1982
Code; amended in its entirey 6-1-2000 by Res. No. 05-00]
[Amended 8-2-2000 by Ord. No. 10-00]
It shall be unlawful for any person to keep
within the town a horse, mule, donkey, cow, hogs, chickens or other
animals of a similar kind. Dogs and cats may be kept as household
pets, but they and other household pets are prohibited from running
at large within the Town of North Beach without supervision of their
owner. All household pets within the Town of North Beach shall be
properly leashed when off the property of the owner. This prohibition
is consistent with the provisions of the ordinances and regulations
of Calvert County concerning animals. The town may issue a one-day
permit for a fee in the amount as set forth from time to time by resolution
of the Town Council for horses or other animals for purposes of parades
or displays.
[Adopted as Art. XII of the 1982 Code]
[Amended 3-8-2000 by Ord. No. 00-3; 8-2-2000 by Ord. No.
10-00; 7-31-2012 by Ord. No. 12-04]
A.
No
person shall own or harbor within the Town of North Beach any dog
unless such dog is licensed as provided by the ordinances and regulations
of Calvert County. All ordinances and regulations of Calvert County
concerning dogs shall apply within the corporate limits of the Town
of North Beach. In addition, this includes the provisions of the Calvert
County Code which call for all dogs to be on a leash when in the company
of their owner outside the confines of the owner's property.
In addition, it is expressly prohibited for any dog to be on the Town
beach, whether said dog be at large or on a leash. It is the intention
of the Council that dogs are prohibited on the sand beach under all
circumstances.
B.
Dangerous
animals. Based on numerous instances in the Town of North Beach and
Calvert County, the Mayor and Council have determined that dangerous
animals are of particular nuisance and danger to the health, safety
and welfare of the public. Therefore, except as otherwise permitted
by this article, the ownership of a dangerous animal is hereby prohibited
within the Town of North Beach. In addition, it is prohibited for
a dangerous animal to be on any Town right-of-way, including streets,
the boardwalk and/or the beach, at any time, whether with its owner
or not. It is the intention of this article that dangerous animals
not have any contact with the public within the Town of North Beach.
C.
Dangerous animals presently owned within Town limits. Any resident of the Town of North Beach who owns a dangerous animal at the time of the passing of this article may continue to own that animal within the Town of North Beach under the conditions stated in the Code of Calvert County, Chapter 7, Part 9, Article I, § 7-9-103.
D.
Any person not owning a dangerous animal pursuant to this article seen with a dangerous animal within the Town of North Beach will be asked to remove said animal from the Town immediately. If the animal is not removed, it shall be subject to confiscation by the Town and will be turned over to the Calvert County Animal Control Officer where it can be claimed by the owner within the rules and regulations of county law. In addition, the owner shall be subject to the provisions of § 26-8 of this chapter which states that violations will be deemed to be a municipal infraction.
E.
Any Town resident owning a dangerous animal pursuant to the provisions of this article found to be in violation of this article shall be guilty of a municipal infraction as stated in § 26-8 of this article. In addition, any Town resident who owns a dangerous animal pursuant to this article who receives a second municipal infraction for a violation of this article will be subject to having the animal confiscated by the Town and turned over to the Calvert County Animal Control Officer for disposal pursuant to county law. All code enforcement officials of the Town of North Beach, including Deputy Sheriffs and Beach Patrol Officers, will have the authority to issue citations under this section.
F.
Appeals.
(1)
For the purposes of this article only, there is hereby created the
Town of North Beach Animal Control Committee. This Committee will
be separate and apart from any other committee within the Town, but
will consist of the members of the Town of North Beach Board of Appeals.
It is the intention of this article that any person appointed to the
North Beach Board of Appeals under the authority and rules contained
in Article 8 of the Town of North Beach Zoning Ordinance shall automatically
be members of the Town of North Beach Animal Control Committee for
as long as they are members of the Town of North Beach Board of Appeals.
The members will sit as the Town of North Beach Animal Control Committee
only when dealing with appeals filed pursuant to this article. When
holding a hearing on any appeal, the Board may not take any action
unless there are at least three members present, and no action will
be valid unless at least three of the sitting members of the Committee
vote in the affirmative.
(2)
Within 30 days of a dangerous animal being designated as dangerous
or being confiscated under the provisions of this article, the Town
of North Beach Animal Control Committee will review the actions of
the Town official and decide if the sanctions mandated in this article
are being properly applied. The Town of North Beach Animal Control
Committee may issue a stay of the designation of the animal as dangerous
and confiscation of the animal until the resolution of the appeal.
In this regard, the Town of North Beach Animal Control Committee may
either uphold the decision of the Town official to confiscate the
dangerous animal or reverse that decision. During the pendency of
an appeal, the dangerous animal will be held under the control of
the Calvert County Animal Control Officer if a stay is not issued,
but will not be disposed of until the appeal is final. If the Town
of North Beach Control Committee votes to reverse the decision of
the Town officials, then the animal will be returned to the owner.
All decisions of the Town of North Beach Animal Control Committee
in this regard are final. The Town of North Beach Animal Control Committee
will issue decisions only after a public and open hearing and after
public and open deliberations.
G.
Definition
of "dangerous animal."
(1)
For purposes of this article, "dangerous animal" means:
(2)
Exceptions.
(a)
Animals shall not be declared a dangerous animal if the threat,
injury, or damage was sustained by a person who, at the time:
[1]
Was committing a willful trespass or other tort upon the premises
occupied by the owner, keeper or custodian of the animal;
[2]
Was teasing, tormenting, abusing, or assaulting the animal;
[3]
Has been observed or reported to have teased, tormented, abused,
or assaulted the animal; or
[4]
Was committing or attempting to commit a crime.
(b)
Animals shall not be declared dangerous if the animal was protecting
or defending itself, its young, its owner or caretaker, another animal,
another person, or responding to pain or injury.
(c)
Animals owned by a governmental or law enforcement unit are
exempt from being declared dangerous.
[Amended 10-8-1998 by Ord. No. 98-8]
A.
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile or
defecate on any public property or upon any thoroughfare, sidewalk,
passageway, boardwalk, bikepath, beach or play area or any place where
people congregate or walk or upon any private property other than
that of the owner or custodian, unless such person immediately removes
and disposes of all feces deposited by such animal by the following
methods:
B.
No person owning, harboring or keeping or in charge
of any dog shall permit any waste matter from the animal to collect
and remain on the owner's or custodian's property, or the property
of others so as to cause or create an unhealthy, unsanitary, dangerous
or offensive living condition on the owner's or custodian's property,
or to abutting property of others.
C.
No person owning, harboring, keeping or in charge
of any dog shall cause unsanitary, dangerous or offensive conditions
by virtue of the size or number of animals maintained at a single
location or due to inadequacy of the facilities.
No person shall own or harbor within the Town
of North Beach any dog unless such dog is licensed as provided by
the ordinances and regulations of Calvert County. All ordinances and
regulations of Calvert County concerning dogs shall apply within the
corporate limits of North Beach.
No dog shall be kept within the Town of North
Beach which shall by barking, whining, or howling, or in any other
manner unreasonably disturb peace and quiet of any person or neighborhood.
[Amended 10-8-1998 by Ord. No. 98-8]
The Mayor, Town Code Enforcement Officer, Deputies
of the Calvert County Sheriff's Department, and Dog Wardens of Calvert
County shall have jurisdiction within the corporate limits of North
Beach to enforce all provisions of this article.
