[HISTORY: Adopted by the Commission of the Town of Cottage
City as Ch. 1 of the 2007 Code. Amendments noted where applicable.]
The purpose of this chapter is to provide regulations concerning
animals kept within the Town of Cottage City so that such animals
will not be or become a public nuisance.
As used in this chapter, the following terms shall have the
meanings indicated:
An animal not under restraint and off the premises of the
owner.
An animal will be deemed to have been exposed to rabies if
it has been bitten by or has associated with any animal determined
by the county health officer or the director of the Maryland Livestock
Sanitary Service to be infected with rabies.
An animal secured by a leash or lead, and under control of
a responsible person or confined within a vehicle or within the real
property limits of its owner.
A dog which is trained to attack with or without provocation.
Including, but not necessarily limited to, cats (genus Felix
Domestica), cows, dogs, fowl, horses, sheep, goats, swine, rabbits,
guinea pigs, hamsters, gerbils, chinchillas, mice, rats, fish, birds
and domesticated wild animals.
Any animal which attacks without provocation and threatens
or causes bodily harm to a person.
A dog which will detect and warn its handler that an intruder
is present in or near an area that is being secured.
Any person owning, keeping, harboring or acting as custodian
of a domesticated animal.
A domesticated animal kept for pleasure rather than utility.
Pets include, but are not limited to, birds, cats, dogs, fish, hamsters,
mice, reptiles, domesticated wild animals and other animals associated
with human environment.
A.
It shall be unlawful for any person in the Town of Cottage City to
have an animal which is a public nuisance.
[Amended 4-27-2015 by Ord. No. 2015-02]
B.
Public nuisance animals are any animals which:
(1)
Are repeatedly found at large;
(2)
Damage the property of anyone other than the owner of the animal;
(3)
Are vicious;
(4)
Cause fouling of the air by odors;
(5)
Cause unsanitary conditions of enclosures or surroundings;
(6)
By virtue of number or types of animals maintained, are offensive
or dangerous to the public health, safety or welfare;
(7)
Excessively make disturbing noises;
(8)
Molest passersby or passing vehicles;
(9)
Attack other domesticated animals or pets;
(10)
Have been designated by the Animal Control Commission or any body
politic to be public nuisance animals by virtue of being a menace
to the public health, welfare, or safety.
A.
It
shall be unlawful for the owner of any animal, at all times, either
not to confine the animal securely on the owner's premises so
that it cannot escape therefore, or not to have the animal accompanied
by a responsible person and effectively controlled by such person
by a leash or otherwise.
B.
Any
animal must be so controlled as to prevent it from molesting the person
or property of any other person.
It shall be unlawful for the owner of any fierce, dangerous
or vicious animal, including dogs which have a history of unlawful
biting of a human, not to confine such animal within a building or
secure enclosure. Such animal shall not be taken out of such building
or secure enclosure unless securely muzzled.
It shall be unlawful for any person to treat any animal in a
cruel manner, either willfully or by neglect. It shall also be unlawful
for any person to incite animals to fight, or to tease or harass animals.
It shall be unlawful for any person to raise or maintain or
keep domestic fowl (including pigeons), bees and beehives, livestock
or wild animals of any kind within the Town of Cottage City. For the
purpose of this section, "livestock" shall include, but is not limited
to, cows, sheep, goats, swine, mules, donkeys, horses or ponies.
It shall be unlawful for any person to engage in the breeding,
hospitalizing and boarding of household pets or other animals on a
commercial basis within the Town of Cottage City.
It shall be unlawful for any person to own or harbor a dog or
cat over the age of four months without a valid rabies vaccination.
It shall be unlawful for a person owning, keeping or having
custody of an animal, except a seeing eye dog, to allow or permit
solid waste of such animal to remain on the property of any other
person without the consent of the owner or occupant thereof; on the
property of the owner in such manner as to become offensive or a hazard
to health; or on sidewalks, streets, immediately adjoining areas to
sidewalks and streets, and active play areas or other parks.
Every female animal, while in heat, shall be kept confined in
a building or secure enclosure by the owner in such manner that she
will not be in contact (except for intentional breeding purposes)
with a male member of the same species nor create a nuisance by attracting
other animals.
A.
Dog and cat licenses required. It shall be unlawful for any person
to own or harbor within the Town of Cottage City any dog or cat, unless
such dog or cat is licensed as provided by the ordinances and regulations
of Prince George's County.
B.
Noisy dogs. It shall be unlawful for any person to keep within the
Town of Cottage City a dog or other animal which shall, by barking,
whining or howling or in any other manner, disturb the peace and quiet
of any person or neighborhood.
C.
Attack dogs. It shall be unlawful for any person to raise, maintain
or keep within the residential area of the Town of Cottage City a
dog which is being trained or has been trained as an attack dog, except
that these provisions do not apply to a law enforcement officer of
any state, county, municipal, or local government who, as a part of
such officer's job, is engaged in the training of or working
with dogs in any police related function.
Whenever the Commission of the Town of Cottage City shall determine
that the health and safety of the people of the Town are endangered
by reason of an animal with rabies having been or being in said Town,
the Commission shall forthwith issue a proclamation informing the
people of the Town that their health and safety are endangered by
reason of rabies. For 30 days after issuance of the proclamation,
it shall be the duty of the police officers of the Town of Cottage
City and any person authorized by the Commissioners to handle or dispose
of any animal running at large in such a manner as the officer or
authorized person may deem proper.
A.
When animals impounded. An animal found at large may be impounded by the Animal Control Warden and after a reasonable time taken to the county animal control shelter, except as provided in Subsection C below.
B.
Notice to owner of impounded animal. Upon impounding an animal, the
Animal Control Warden shall make a prompt and reasonable effort to
locate and notify the animal's owner.
C.
Alternative procedure to impoundment where animals are running at
large. In addition to or in lieu of impounding an animal found at
large, the Animal Control Warden, municipal officer, or any other
duly appointed law enforcement officer, may issue to the known owner
of such animals a notice of violation of this chapter.
A.
General. There is hereby established the position of Animal Warden
which shall have the responsibility and authority of a police officer
in the Town of Cottage City for the investigation and enforcement
of the provisions of this chapter, except that the Warden shall not
be authorized to carry a firearm or make arrests.
B.
Duties of Animal Warden. The duties of the Animal Control Warden
shall be to direct investigations into complaints or inquiries raised
by residents of the Town of Cottage City with respect to the custody
and control of animals within the Town, including matters relating
to the enforcement of an compliance with ordinances and regulations
of the Town concerning animals, and to recommend actions to resolve
such complaints and inquiries. The Warden shall establish regulations
and procedures to govern the conduct of its investigations.
C.
Appointment and removal. The Animal Warden shall be appointed by
and shall serve at the pleasure of the Commission and may be removed
from office for any reason by the Commission at any public meeting.
D.
Compensation. The Animal Warden may serve without compensation, or
with reimbursement for expenses, or by fee or contract, or by salary,
or any combination of such modes of payment as may be approved by
the Commission.
E.
Police powers. Nothing in this section shall abridge or restrict
the authority of the Town police officers to investigate or enforce
the provisions of this chapter.
Violation of this chapter is declared to be a municipal infraction.
The penalty for violation shall be $50 for each initial offense and
$100 for each repeat offense.
