As used in this chapter, the following terms shall have the
meanings indicated:
ANIMAL UNDER RESTRAINT
An animal secured by a leash or lead and under the control
of a responsible person or confined within a vehicle or within the
real property limits of its owner.
ANIMALS
Any and all types of animals, both domesticated and wild,
male and female, except humans.
CONTINUOUS
Extending or prolonged without interruption or cessation;
unceasing.
CRUELTY
An act of commission or omission whereby unjustifiable physical
pain, suffering or death is caused or permitted, including failure
to provide proper drink, air, space, shelter, protection from the
elements, sanitary conditions, veterinary care or nutritious food
in sufficient quantity. Customary and normal veterinary and agricultural
husbandry practices, including, but not limited to, dehorning, castration,
docking tails and limit feeding, are not considered to be acts of
cruelty.
DOG
Any member of the canine species, male or female.
FOWL
Any and all kind of bird, domesticated and wild, male and
female.
KENNEL
An establishment wherein a person engages in boarding, breeding,
buying, grooming, letting for hire, training (for a fee) or selling
dogs or cats. The ownership of dogs which are part of the household
or are maintained in a building or structure adjoining a private residence
and are kept for hunting, practice tracking or for exhibiting in dog
shows or field or obedience trials or for guarding or protecting the
household's property, and sale of no more than one litter per year,
shall not constitute the operation of a kennel. The ownership of cats
which are part of the household or are kept for exhibiting in shows,
and sale of no more than one litter per year, shall not constitute
the operation of a kennel.
OWNER
Any person owning, keeping, harboring or acting as custodian
of an animal.
PERSON
Includes individuals, corporations, firms, partnerships and
all other clubs or organizations.
PIT BULL TERRIER
Any and all of the following dogs:
A.
Staffordshire Bull Terrier breed of dogs;
B.
American Staffordshire Terrier breed of dogs;
C.
American Pit Bull Terrier breed of dogs;
D.
Dogs which have the appearance of being predominantly of the
breed of dogs known as "Staffordshire Bull Terrier," "American Staffordshire
Terrier" or "American Pit Bull Terrier." "Predominantly" shall mean
that the dog exhibits the physical characteristics of a Pit Bull Terrier
more than of any other breed of dog; and
E.
Dogs which have been registered at any time as a Pit Bull Terrier.
PROPER ENCLOSURE
Secure confinement indoors or secure confinement in a locked
pen or structure measuring at least five feet in width, 10 feet in
length and six feet in height, with secure sides and secure top, which
provides protection from the elements for the dog, is suitable to
prevent the entry of young children and is designed to prevent the
animal from escaping while on the owner's property.
PUBLIC NUISANCE ANIMAL
Any animal which does or is described by any one of the following:
A.
Is repeatedly found at large.
B.
Damages the property of anyone other than its owner.
D.
Causes fouling of the air by odors.
E.
Causes unsanitary conditions in enclosures or surroundings.
F.
By virtue of the number or types of animals maintained, are
offensive or dangerous to the public health, safety or welfare.
G.
Makes excessive disturbing noises.
H.
Molests passersby or passing vehicles.
I.
Attacks other domestic animals.
J.
Has been designated by the County Animal Control Commission
or the Mayor and Town Council to be a public nuisance animal by virtue
of being a menace to the public health, welfare or safety.
VICIOUS ANIMAL
Any animal which is dangerously aggressive without provocation,
or any animal that attacks, bites or has a known propensity to attack
or bite human beings or other animals on streets, sidewalks or other
public or private places.
Any person owning a Pit Bull Terrier prior to November 1, 1996,
may continue to harbor the animal on his premises under the following
conditions:
A. The animal shall be registered with the Prince George's County Administrator
of Animal Control and must at all times wear a tag provided by the
Administrator which will readily identify it as a registered Pit Bull
Terrier.
B. The owner shall maintain the dog within a building or proper enclosure
at all times. Whenever the dog is removed from the building or enclosure,
it shall be secured by an unbreakable or unseverable leash and maintained
under the control of an adult.
C. A person may temporarily hold a Pit Bull Terrier in the Town for
the purpose of showing the dog in a place of public exhibition, contest
or show sponsored by a dog club, association or similar organization.
The sponsor of the exhibition or show must obtain written permission
from Prince George's County and must provide protective measures adequate
to prevent all dogs participating in the show or exhibition from escaping
or injuring the public. All such dogs shall at all times during the
transportation to and from the show or exhibition be confined in a
secure temporary enclosure.
[Amended 3-9-2022 by Ord. No. 2022-OR-01]
A. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
APIARY
Any place where one or more colonies of bees are located.
BEEKEEPER
A person who owns or has charge of one or more colonies of
bees.
BEEKEEPING EQUIPMENT
Anything used in the operation of an apiary, such as hive
bodies, supers, frames, top and bottom boards, and extractors.
COLONY
Any bees in any hive, including queens, workers, and drones.
HIVE
A frame hive, box hive, box, barrel, log, gum skep, or other
artificial or natural receptacle which may be used to house bees.
HONEYBEE
The common honeybee, Apis mellifera species, at any stage
of development, but not including the African honeybee, Apis mellifera
scutellata species, or any hybrid thereof.
B. Standards
of practice.
(1) Honeybee
apiaries are permitted when in compliance with the Annotated Code
of Maryland, Agriculture Article, §§ 5-501 through
5-507, as amended, and the following regulations:
(a) No beekeepers may own or maintain an apiary within the Town without
first registering each colony of bees and maintaining an annual registration
for all colonies with the Maryland State Department of Agriculture.
(b) A beekeeper owning or maintaining a bee colony in the Town shall
promptly notify the Code Enforcement Officer without unnecessary delay,
and in no event longer than 72 hours, if the Department of Agriculture
revokes said bee colony registration or if said registration has lapsed.
(c) No beekeeper shall own or maintain a bee colony within the Town without
first obtaining a registration permit from the Town. An application
for a one-time registration permit shall be made, in writing, on a
supplied form or in such other format as established by the Town.
The application shall be accompanied by a lot plan that includes the
size of the lot, the location and number of hives, and the location
of the water source. Permit fees may be established from time to time
by resolution by the Town and must be paid by the applicant at the
time of application.
(2) Beekeepers
that wish to own or maintain an apiary on property that they do not
own must include written permission from the property owner or landlord
that explicitly indicates that the beekeeper has permission to own
or maintain an apiary on the subject property. Such written permission
shall be supplied to the Town as part of the beekeeping registration
application.
(3) Moveable
frames. Every person engaged in beekeeping shall provide moveable
frames in all hives and shall cause the bees in the hives to construct
brood combs in the frames so that any frame may be removed without
injury to other combs in the hive.
C. Nuisance.
It shall be unlawful, and shall constitute a nuisance, for any person
to:
(1) Maintain
an apiary or to keep any colony on any property in a manner that threatens
public health or safety or creates a nuisance and does not comply
with the Annotated Code of Maryland, Agriculture Article, §§ 5-501
through 5-507, as amended; or
(2) Allow
or enable hive placement and related bee movement such that the bees,
without provocation, interfere with the reasonable freedom of movement
of persons in a public right-of-way, or the location of bees has a
proven impact to the general safety, health, and welfare of the public.
No person shall maintain or keep any kind of rabbit within the
corporate limits of the Town without a permit from the Mayor and Town
Council of Edmonston, to be issued after findings by the Mayor and
Town Council that such maintenance will not be a threat to the health
or safety of residents of the Town. Application for the permit shall
be made to the Clerk and shall include the name and address of the
applicant, the proposed location, an accurate description of the kind
and number of rabbits to be kept and the proposed owner of said rabbits.
No rabbit shall be kept within 100 feet of a building used by the
public. The owner of the rabbits shall provide them with adequate
coops, pens or other shelter and water, food and sanitary conditions,
free from obnoxious odors.
It shall be unlawful for any person to own, operate or maintain
a kennel on any residentially zoned property within the corporate
limits of the Town.
It shall be unlawful for any person to hold or to aid or abet
in the holding of any cockfight or to incite dogs to fight.
No person shall engage in cruelty to any animal, fowl or bird
by any act, omission or neglect. Abandonment of any animal, fowl or
bird within the Town shall be deemed a form of cruelty for purposes
of this section.
No person shall establish, have, maintain, own or otherwise keep in the corporate Town limits of Edmonston a public nuisance animal or a public nuisance facility, as defined in §
206-1.
No person shall own or harbor within the corporate Town limits
any animal over the age of four months which is susceptible to or
capable of contracting the rabies virus, including but not limited
to dogs and cats, without a valid rabies vaccination. Vaccinations
shall be performed and a valid rabies certificate shall be signed
by a licensed veterinarian or approved county or other governmental
agency. Said rabies certificate must be readily available for inspection
by the Town Police Department. Nothing herein shall be deemed to alter,
preempt or diminish any state or county regulations regarding the
vaccination of animals.
No person shall own, keep or harbor more than four animals over
the age of four months on his premises at any one time. A person may
request of the Mayor and Town Council a special permit to maintain,
harbor or own more than four animals on his premises. The request
must be made in writing. Said permit may be issued for a specified
time period not to exceed six months.