[Amended 5-26-2015 by Ord. No. 15-01]
A. A
"commercial animal establishment" is any business whose primary or
secondary purpose is the sale, transfer, or conveyance of any animal
or animal service for money, except animals or services deemed livestock
or domestic livestock under this chapter. Commercial animal establishments
include, without limitation: an enterprise engaged in sale of animals;
a humane society, animal rescue, or similar organization; a pet shop;
a petting zoo; a grooming shop; a mobile grooming establishment; an
auction; a zoological park; a circus; a performing animal exhibition;
a boarding or breeding kennel; or an establishment with the purpose
of selling, training, or leasing guard dogs.
B. License
required; zoning approval.
(1) A person may not operate a commercial animal establishment without
first obtaining a commercial animal establishment license in compliance
with this section.
(2) Written application for a commercial animal establishment license
shall be made to the Animal Control Commission.
(3) License applications must be accompanied by the license fee and written
verification from Queen Anne's County Planning and Zoning that the
applicant complies with applicable zoning and use regulations.
C. Exemptions
to license requirements.
(1) Zoological parks. A zoological park owned and operated by any government
agency is not required to obtain a license.
(2) Tax-exempt organizations. An organization that has been approved
for tax-exempt status under Section 501(c)(3) of the Internal Revenue
Code is not required to obtain a license.
D. Licensing
procedure.
(1) An Animal Control Officer shall inspect the facility prior to issuing
or renewing the license.
(2) A commercial animal establishment license shall be issued on successful
completion of an inspection and payment of the applicable fee.
(3) Inspections. An Animal Control Officer shall be permitted to inspect
at any time all animals and the premises where animals are kept, except
that an Animal Control Officer may inspect a facility operated by
an organization which has been approved for tax-exempt status under
Section 501(c)(3) of the Internal Revenue Code only upon a formal
complaint.
E. License
display. A commercial animal establishment license shall be displayed
in a conspicuous place on the premises of the establishment.
F. License
transfer. If there is a change in ownership of a commercial animal
establishment, the new owner may have the current license transferred
to his/her name on payment of a transfer fee and completion of a successful
inspection by an Animal Control Officer.
G. Individual
facilities. Every facility subject to this chapter shall be considered
a separate enterprise requiring an individual license.
The parent or guardian of a minor who owns or keeps an animal
shall be responsible for ensuring compliance with the provisions of
this chapter and Maryland State Law.
[Amended 5-26-2015 by Ord. No. 15-01]
A. In
general.
(1) No animal may be off the property of the owner or custodian without
being under restraint, unless it is in a permitted or appropriate
area. This shall not apply to community cats.
[Amended 2-8-2022 by Ord. No. 21-11]
(a)
"Under restraint" defined:
[1]
Secured by a leash/lead or under the effective control of its
owner or other responsible person. "Under the effective control,"
as defined in this chapter, shall mean an animal must be at heel and
directly beside its owner or custodian if not secured by a leash or
lead; or
[2]
Within a vehicle being driven, or that is standing or parked
in a manner that does not endanger the animal's health and safety.
(b)
Pertaining to unattended livestock or domesticated livestock,
an animal is under restraint when confined within a fence or enclosure
of suitable material if the fence or enclosure is capable of holding
the animal within its confines.
(2) An animal accidentally at large with a person in immediate physical
pursuit shall not be deemed at large. "Immediate pursuit" is defined
as physically pursuing the animal at large.
B. School
and County property.
(1) An animal may not be on school grounds on a day when school is in
session without the permission of the proper authority.
(2) If in a public recreation area, the animal must be controlled by
a leash or other similar restraining device.
(3) An animal may not be on any County property that is properly posted
against such animals.
C. Discovery of stray; duty to report. A person who finds a stray animal
shall report the finding to the Department of Animal Control.
D. Pursuit of stray. An Animal Control Officer who observes an animal
at large may pursue that animal on public or private property.
E. Training and hunting activities. This section may not be construed
to prevent supervised obedience training or hunting activities in
an authorized area with animals supervised by a competent person.
F. Animal pursuing livestock, domesticated livestock, domestic animals
or human beings. A person may kill any animal which he or she sees
in the act of pursuing, attacking, wounding, or killing any poultry,
livestock, domesticated livestock, any domestic animal, or a human
being.
[Amended 5-26-2015 by Ord. No. 15-01 ]
A. Defined
terms.
(1) In this section, the following words have the meanings indicated.
PUBLIC NUISANCE
(a)
An animal who:
[1]
Is repeatedly at large, except if the animal is a community
cat;
[Amended 2-8-2022 by Ord. No. 21-11]
[2]
Molests pedestrians or passersby;
[3]
Chases vehicles or bicycles;
[4]
Barks or makes other harsh noise as to disturb the quiet, comfort,
or repose of members of the community as reflected by a reasonable
person with normal sensitivities to noise;
[5]
Defecates on private property without permission from the property
owner;
[6]
Molests, defaces or destroys the property of another;
[7]
Does or performs any other acts which are determined by the
Commission, after notice to the owner or custodian and a hearing,
to be a public nuisance by virtue of being a menace to the public
health, welfare, or safety.
(b)
"Public nuisance" does not include any activity resulting from
a farm operation, including, but not limited to:
[3]
Raising of poultry and fowl;
[6]
Production of bees and honey.
(c)
Regulation of public nuisance animal. A person who keeps any
animal which is a public nuisance under this chapter is subject to
the regulations and orders set forth by the Commission.
(d)
Seizure and impoundment of a public nuisance animal not covered under §
9-20 of this chapter.
[1]
Animal Control Officers are not authorized to seize and impound
an animal that has engaged in the conduct defined in Subsections A(1)(a)(4)
and (5) of this section.
(e)
Animal Control Officers are authorized to seize and impound
an animal if;
(f)
The Animal Control Officer has witnessed that the animal has
engaged in conduct defined in Subsection A(1)(a)(1) through (3) and
(6) and (7) of this section. Animal Control Officers are not authorized
to seize and impound community cats merely for being at large.
[Amended 2-8-2022 by Ord. No. 21-11]
(a)
The owner or custodian has been charged twice within the past
24 consecutive months for the same offense.
(2) The seized animal shall be held at the designated sheltering facility
pending the outcome of a hearing. Upon conviction, and in addition
to any fines or penalties assessed, the owner or custodian shall be
required to pay all expenses incurred for sheltering the animal to
abate the activity.
(3) The Animal Control Commission shall promptly meet and adjudicate
all matters involving seized animals.
[Amended 5-26-2015 by Ord. No. 15-01]
A. Dangerous
animal defined.
(1) In this section, "dangerous animal" means:
(a)
An animal that has inflicted serious physical injury or death
to a human without provocation; or
(b)
An animal that has inflicted injury of any kind on a human being
in more than one incident, without provocation, off the property of
the owner or custodian; or
(c)
An animal that has killed a domestic animal off the property
of the owner or custodian without provocation; or
(d)
An animal that has attacked and caused injury to a domestic
animal two or more times off the property of the owner or custodian,
without provocation; or
(e)
Is owned, trained or harbored primarily or in part for the purpose
of engaging in animal fighting.
(2) An animal may not be deemed dangerous if a threat, injury, or damage
has been sustained by any person:
(a)
Who at the time was committing a willful trespass or other tort
upon the premises occupied by the owner or custodian of the animal;
or
(b)
Who was teasing, tormenting, abusing, or assaulting the animal;
or
(c)
Who has in the past been observed or reported to have teased,
tormented, abused, or assaulted the animal; or
(d)
Who was committing or attempting to commit a crime; or
(e)
Was injured because the animal was protecting or defending its
young or other animals; or
(f)
Was injured because the animal was responding to its own pain
or injury.
B. Seizure
of a dangerous animal.
(1) Any animal exhibiting behavior of a dangerous animal described in §
9-20A of this chapter may be classified as a dangerous animal by the Director or his designee and seized. Within three business days the owner or custodian shall appear before the Commission which shall conduct a hearing and, based on all evidence presented, including the nature of the animal, shall make a determination as to whether the animal is a dangerous animal.
(2) If the Commission determines that the animal is a dangerous animal,
the Commission may set appropriate conditions for the release of the
animal to the owner or custodian, or that the animal may be euthanized.
(3) The owner or custodian of the animal is responsible for any fees
incurred during the seizure.
C. Surrender required. A person may not refuse to surrender to an Animal
Control Officer an animal that has been deemed dangerous.
D. Violation uncorrectable.
(1) If the violation cannot be immediately corrected, the animal may
be impounded.
(2) If the animal is impounded, the owner or custodian shall be notified
to appear before the Commission to argue the disposition of the animal.
(3) At the request and expense of the owner or custodian, and with the
approval of the Director, the impoundment may be at a veterinarian
or licensed kennel of the owner or custodian's choosing. The veterinarian
or kennel must be located in Queen Anne's County.
E. Proof of subsequent compliance. If the owner or custodian of a dangerous
animal impounded for a violation of this chapter presents proof to
the Director that the animal will now be kept in compliance with this
chapter, the animal may be released upon payment of all fees.
F. Failure to respond. If the owner or custodian of a dangerous animal
fails to provide proof that the animal will now comply with this chapter,
fails to appear at a hearing before the Commission, or fails to reclaim
the animal within 72 hours from the Animal Services Center, the animal
may be humanely euthanized.
G. Repeat offenders.
(1) A repeat offender of provisions relating to dangerous animals will
be provided an opportunity to fully explain to the Animal Control
Commission why a violation has been repeated.
(2) The Commission shall consider such explanation in determining an
appropriate disposition for the animal.
[Amended 5-26-2015 by Ord. No. 15-01]
A. Vaccination
required.
(1) Every resident of the County owning a dog, cat, or ferret four months
old or older shall have the dog, cat, or ferret vaccinated with an
anti-rabies vaccine approved by the Maryland Public Health Veterinarian.
(2) The vaccination shall be administered by a licensed veterinarian
as provided by Maryland State Law.
B. Rabies
certificate.
(1) The rabies certificate issued by the veterinarian shall be carefully
preserved by the owner or custodian of that dog, cat, or ferret.
(2) The owner or custodian of the dog, cat, or ferret shall promptly
exhibit the rabies certificate upon request for inspection by an Animal
Control Officer, health officer, or any law enforcement officer, and
shall also exhibit the certificate to the Animal Services Center staff
when redeeming the animal at the Center.
C. Rabies tag. Rabies tags shall be issued with rabies certificates. Rabies tags shall be worn by dogs at all times in the same manner as described in §
9-12E of this Chapter. Exceptions granted under §
9-12E of this chapter will be applicable to this section.
D. Exposure to rabies.
(1) Any dog, cat, or ferret exposed to rabies shall be quarantined for
10 days following the exposure, or for a longer period as may be established
by the Department of Environmental Health. The Maryland Department
of Agriculture Veterinarian shall determine the length and location
of quarantine for affected livestock.
(2) The quarantined animal shall be confined to a house, garage, or other
escape-proof enclosure or building approved by the Department of Environmental
Health.
(3) The quarantined animal shall be prevented from having any contact
with other animals or any person except its owner, custodian, or caretaker.
(4) The quarantined animal may not be removed from the quarantine premises
unless permission is first obtained from the Department of Environmental
Health. Any removal is subject to any conditions set by the Department
of Environmental Health.
(5) If the quarantined animal becomes ill or begins to show behavioral
changes, the owner or custodian shall immediately notify the Department
of Environmental Health, which shall determine the proper course of
action.
(6) If the quarantined animal dies, the owner or custodian shall immediately
notify the Department of Environmental Health and make the animal
available for rabies testing.
(7) If the quarantined animal escapes, the owner or custodian shall immediately
notify the Animal Services Center, the Department of Animal Control,
and the Department of Environmental Health.
(8) Until the quarantined animal is released by the Department of Environmental
Health from quarantine, the owner or custodian may not kill, give
away, or sell, or otherwise dispose of the animal without the written
permission of the Department of Environmental Health.
(9) If a veterinarian's examination is not required on the last day of
the quarantine, the owner or custodian shall report to the Department
of Environmental Health the health status of the quarantined animal
or make the animal available for inspection by the Department of Environmental
Health or an Animal Control Officer.
(10) If the quarantined animal is vaccinated against rabies at the time
of exposure, the animal shall not be revaccinated until released from
quarantine.
(11) If the quarantined animal is not vaccinated, the owner or custodian
shall take the animal to a licensed veterinarian for a physical rabies
exam and vaccination within five days of the end of quarantine.
(12) If an animal is not properly quarantined, it shall be impounded and
a citation for failing to comply with this section may be issued by
an Animal Control Officer.
A person who strikes a domestic animal with a motor vehicle
shall immediately notify the State Police or local police and remain
at the scene until help arrives for the injured animal.
[Amened 5-26-2015 by Ord.
No. 15-01]
A. Restriction.
A person may not keep a wild animal in Queen Anne's County unless:
(1) An individual exemption is issued by the Department of Environmental
Health; and
(2) A permit to keep the animal has been issued by the Maryland Department
of Natural Resources, if required.
B. Registration.
If a wild animal is kept in the County, the animal must be registered
with the Department of Animal Control of Queen Anne's County, in accordance
with the provisions of regulations issued by the Commission.