[HISTORY: Adopted by the Mayor and Commissioners of the Town
of Westernport as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-5-2015 as
Ch. 88 of the 2015 Code]
This article shall be known and may be cited as the "Animal
Control Law."
A.
Authority of Allegany County animal control officers. Animal control
officers appointed by Allegany County are authorized to perform the
duties and exercise the authorities vested in them as animal control
officers by § 13-101 et seq. of the Local Government Article
of the Annotated Code of Maryland within and throughout the corporate
boundaries of the Town.
B.
Authority of animal control officers to bear and discharge firearms.
The county animal control officers are hereby authorized to bear arms
within the Town of Westernport for the purpose of executing their
duties and to discharge firearms, if necessary, to destroy animals
who give all reasonable appearance of being a threat to human life
or property.
C.
Interference with animal control officers. No person shall obstruct
or interfere with the animal control officers in the performance of
their duties.
A.
Keeping of livestock prohibited; exceptions. No person shall keep
or allow to be kept, on any premises in his possession within the
Town, any cows, calves, heifers, bulls, horses, mules, hogs, sheep
or goats, except for any operation involving the storage, resting,
feeding or watering of cattle or livestock as conducted by any contract
carrier, as required by the Interstate Commerce Commission or other
federal or state law or regulation. Nothing contained in this subsection
shall be construed to prohibit the maintenance or operation of a farm.
B.
Other animals prohibited. No person shall keep or allow to be kept,
on any premises in his possession within the Town, any crocodilians
(such as alligators, crocodiles or gavials), any snakes that reach
an adult length larger than three feet, any lizards which reach an
adult length larger than three feet, or any venomous and poisonous
animals.
A.
Purpose. The regulations of this section will govern the keeping
of chickens and are designed to prevent nuisances and prevent conditions
that are unsanitary or unsafe.
B.
Regulations. No person shall keep chickens unless the following regulations
are followed:
(1)
Number. No more than six hens shall be allowed for each single-family
dwelling.
(2)
Setbacks. Coops or cages housing chickens shall be kept at least
25 feet from the door or window of any dwelling or occupied structure
other than the owner's dwelling. Coops and cages shall not be
located within five feet of a side yard lot line nor within 18 inches
of a rear yard lot line. Coops and cages shall not be located in the
front yard.
(3)
Enclosure. Hens shall be provided with a covered, predator-proof
coop or cage that is well ventilated and designed to be easily accessed
for cleaning. The coop shall allow at least two square feet per hen.
Hens shall have access to an outdoor enclosure that is adequately
fenced to contain the birds on the property and to prevent predators
from access to the birds. Hens shall not be allowed out of these enclosures
unless a responsible individual, over 18 years of age, is directly
monitoring the hens and able to immediately return the hens to the
cage or coop if necessary.
(4)
Sanitation. The coop and outdoor enclosure must be kept in a sanitary
condition and free from offensive odors. The coop and outdoor enclosure
must be cleaned on a regular basis to prevent the accumulation of
waste.
(5)
Slaughtering. There shall be no outdoor slaughtering of chickens.
(6)
Roosters. It is unlawful for any person to keep roosters.
D.
Permit.
(1)
In addition to the above requirements, no person shall keep chickens
without a valid permit issued by the Town Clerk.
E.
Permit renewal. Permits must be renewed on an annual basis. If the
Town receives no complaints regarding the permit holder's keeping
of chickens, the permit will be presumptively renewed and the applicant
may continue to keep chickens under the terms and condition of the
initial permit. The Town may revoke the permit at any time if the
permittee does not follow the terms of the permit, if the Town receives
complaints regarding the permit holder's keeping of chickens,
or if the Town finds that the permit holder has not maintained the
chickens, coops, or outdoor enclosures in a clean and sanitary condition.
A renewal fee of $25 must be paid to the Town before a renewal permit
is issued.
A.
Generally. No person shall willfully set on foot, instigate, engage
in or in any way further any act of cruelty to any animal, or any
act tending to produce such cruelty, or by any act, conduct, neglect
or omission willfully cause, permit or suffer any animal to undergo
any species of torture or cruelty. State law reference: 10-601
et seq. of the Criminal Law Article of the Annotated Code of Maryland.
B.
Animal fighting generally. No person shall possess or harbor or maintain
care or custody of any animal for the purpose of fighting, or train,
torment, badger, bait, or use any animal for the purpose of causing
or encouraging the animal to attack human beings or domestic animals.
A.
OWNER
UNCONFINED
VICIOUS ANIMAL
(1)
(2)
(3)
(4)
(5)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person possessing or harboring or having the care or
custody of an animal.
A vicious animal is unconfined if the animal is not securely
confined indoors or confined in a securely enclosed and locked pen
or structure upon the premises of the owner of the animal. The pen
or structure must have secure sides and a secure top attached to the
sides. If the pen or structure has no bottom secured to the sides,
the sides must be embedded into the ground no less than one foot.
All such pens or structures must be adequately lighted and kept in
a clean and sanitary condition.
Any animal with a known propensity, tendency or disposition
to attack unprovoked, cause injury to, or otherwise threaten the safety
of human beings or domestic animals;
Any animal which because of its vicious propensity is capable
of inflicting serious physical harm or death to humans and which would
constitute a damage to human life or property if it were not kept
in the manner required by this section;
Any animal which, without provocation, attacks or bites, or
has attacked or bitten, a human being or domestic animal;
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting; or
Any dog that meets the criteria of a "dangerous dog" under § 10-619
of the Criminal Law Article of the Annotated Code of Maryland.
B.
Confinement; leash and muzzle.
(1)
The owner of a vicious animal shall not suffer or permit the animal
to go unconfined.
(2)
The owner of a vicious animal shall not suffer or permit the animal
to go beyond the premises of the owner unless the animal is securely
muzzled and restrained by a chain or leash and under the physical
restraint of a person. The muzzle shall be made in a manner that will
not cause injury to the animal or interfere with its vision or respiration
but shall prevent it from biting any human or animal.
D.
Signs. The owner of a vicious animal shall display in a prominent
place on his premises a clearly visible warning sign indicating that
there is a vicious animal on the premises. A similar sign is required
to be posted on the pen or kennel of the animal.
E.
Insurance. Owners of vicious animals must provide proof to the Town
Clerk of public liability insurance in the amount of at least $1,000,000,
insuring the owner for any personal injuries inflicted by his vicious
animal.
F.
Penalty. Whoever violates any provision of this section shall be
guilty of a misdemeanor and may be punished by a fine of up to $1,000
or imprisonment of not more than 180 days, or by both fine and imprisonment.
[Amended 10-1-2018 by Ord. No. 9-4-2018B]
A.
No persons shall permit dogs owned by them to run at large on any
public streets or alleys within the Town. For the purposes of this
section, dogs shall be considered as running at large when not under
the immediate control of some person while on any of the streets or
alleys or public grounds within the Town.
[Amended 7-10-2017]
On complaint made to the District Court of any dog within the
Town which is barking, howling, or in any other manner disturbing
the quiet of any persons whatever, the District Court, on being satisfied
of the truth of such complaint, shall require a police officer to
give notice thereof to the owner keeping or permitting such dog and
requiring such dog to be kept or remain in the owner's house
or on the owner's premises. If such person thereafter fails to
keep the dog in the owner's house or on the owner's premises
or take other effective action to prevent such disturbance and annoyance
within the space of 24 hours after such notice, he shall be guilty
of a misdemeanor and may be punished by a fine of up to $1,000 or
imprisonment of not more than 180 days, or both fine and imprisonment.
[Amended 10-1-2018 by Ord. No. 9-4-2018B]
A.
Any person owning, keeping, possessing or harboring any dog or cat
shall promptly remove and dispose of all feces left by the dog or
cat on any public property and on any private property not owned by
such person or lawfully occupied by such person.
