[HISTORY: Approved 1-16-1980, effective 1-16-1980; amended in its entirety 12-20-2017 by Ord. No. 07-17. Subsequent amendments
noted where applicable.]
A.
It
shall be unlawful for any person to keep or harbor, within the Town,
any animal which by howling or fouling of the air or ground, or poses
a nuisance to, or in any other manner, disturbs the comfort or quiet
of any neighborhood in the Town. For the purpose of this Subsection,
a neighborhood shall be considered to have its comfort or quiet disturbed
if two or more written complaints are filed with a Town Law or Code
Enforcement Official. For purposes of this Section, a "public nuisance"
is defined as:
(1)
Unreasonably disturbing the quiet of any person or neighborhood or
permitting an animal unreasonably to disturb the quiet of any person
or neighborhood, or causing frequent or long continued noise, to the
disturbance of the comfort or repose of any person or neighborhood;
or
(2)
Keeping an animal, which is known to have an untreated disease contagious
to other animals or human beings, except if confined within the dwelling
of the owner or under the control of a licensed veterinarian.
(3)
Causing an odor or unsanitary condition, by reason of the animal's
uncleanliness or deposit of excrement or otherwise; or
(4)
Causing damage to real or personal property belonging to a person
other than the owner or custodian of the animal.
B.
It shall be unlawful for any owner, possessor, keeper, or harborer of an animal to permit said animal to be upon public streets, sidewalks, roadways, alleys, or any other person's property within the Town, after notice shall have been given a Town Law Enforcement or Code Enforcement Official that said animal is dangerous, vicious, or a public nuisance as evidenced by having attacked or menaced persons or having destroyed or damaged any public or private property, or by otherwise sustaining the conditions defining a public nuisance pursuant to Subsection A hereinabove.
C.
It
shall be unlawful for any owner, possessor, keeper, or harborer of
any animal to permit such animal to foul any public property or another
person's private property.
D.
All
animals must be harbored in sanitary conditions.
E.
When
walking a dog or other animal by owner, possessor, keeper or caretaker,
it is required that all excrement be immediately removed from public
or private property.
F.
All
animals located or kept within the Town of Forest Heights shall be
cared for in accordance with "The Proper Animal Care Standards for
Enforcement of Anti-Cruelty Laws," adopted by the Prince George's
County Animal Control Division. Copies of the standards may be obtained
upon request from the Town Clerk.
G.
Abuse,
neglect or cruelty to animals is hereby prohibited as set forth in
Subtitle 6 of Title 10 of the Criminal Law Article of the Annotated
Code of Maryland, as amended from time to time. Pursuant to § 10-604
of the Criminal Law Article, abuse or neglect of an animal is a misdemeanor
punishable by a fine not exceeding $1,000 or by imprisonment not to
exceed 90 days, or both. Furthermore, mutilation of animals as defined
and set forth in § 10-604 of the Criminal Law Article of
the Annotated Code of Maryland is hereby prohibited. The penalty for
such act shall be as set forth in § 10-606: A fine of $5,000
and/or imprisonment not to exceed three years, or both.
H.
The
owner of any dog(s) or cat(s) shall have such dog(s) or cat(s) properly
licensed under the provisions of the Prince George's County Animal
Control Ordinance.
I.
The
Town hereby incorporates by reference all provisions contained in
the Prince George's County Animal Control Ordinance, as it is
amended from time to time. In the event of a conflict between the
county ordinance and this Article, the provisions of this Article
shall prevail.
A.
It
shall be unlawful for any owner, possessor, keeper or harborer of
a dog or other animal to permit said dog or other animal to be upon
public streets, sidewalks, roadways, alleys, or any other person's
property within the Town except when under restraint by leash or similar
device and conducted by a person competent and able to control said
dog or other animal.
B.
Any
dog or other animal found at large in any manner other than restrained
by leash or similar device or conducted by a person competent and
able to control said dog or other animal upon public streets, sidewalks,
roadways, alleys, or upon the property of any person other than the
owner, possessor, keeper, or harborer of said dog or other animal,
shall be caught, if reasonably possible, and delivered to the Prince
George's County Animal Control Shelter.
Any person violating the provisions of this Article shall be
guilty of a municipal infraction and shall, upon conviction, be fined
not more than $100 for the first offense. Repeat offenders may be
assessed a fine not to exceed $200 for each repeat offense.