Wicomico County, MD Article III State Animal Care and Cruelty Law

State legislation, currently codified in Title 10, Subtitle 6, of the Criminal Law Article of the Maryland Code, that unless otherwise stated therein applies to all animals, whether or not domesticated, including farm animals. The following sections in this article state certain parts of the state legislation. If any matter in this article conflicts with Maryland law, the latter shall apply.

§ 133-5 Abuse or neglect of animal.

In regard to all animals, subject to certain exceptions in state law, a person may not:

A. Overdrive or overload an animal.

B. Deprive an animal of necessary sustenance.

C. Inflict unnecessary suffering or pain on an animal.

D. Intentionally mutilate, torture, cruelly beat or cruelly kill an animal or cause, procure or authorize any such act.

E. If the person who has charge or custody of an animal, unnecessarily fails to provide the animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter or protection from the weather.

§ 133-6 Prohibited conduct.

Subject to certain exceptions contained in state law, a person may not:

A. Bring into the state, possess or breed a fox, skunk, raccoon, bear, caiman, alligator, crocodile, member of the cat family other than the domestic cat, member of the dog family other than the domestic dog, nonhuman primate (monkey, chimpanzee, etc.), or certain poisonous snakes and various other animals specified in § 10-621(b) of the Criminal Law Article of the Maryland Code, subject to exceptions stated therein.

B. Crop, dock or cut off the ear, tail or dewclaw of a dog.

C. Surgically birth a dog.

D. Surgically devocalize a cat or dog.

E. Use or allow the use of a fowl, cock or other bird to fight or train a bird to be used for such purpose.

F. Use or allow a dog to be used in a dogfight, for training a fighting dog or to test the fighting or killing instinct of another dog or train a dog for any such purpose.

G. Change the natural color of a chick, duckling or other fowl under the age of three weeks.

§ 133-7 Dogs outside, unattended and restrained.

A. A person may not leave a dog outside and unattended by use of a chain, rope, tether, leash, cable or other device that attaches a dog to a stationary object or trolley system:

(1) That causes injury to the dog, unreasonably limits movement of the dog or restricts its access to suitable and sufficient clean water or appropriate shelter;

(2) That uses a collar that is made primarily of metal or is not at least as large as the circumference of the dog's neck plus one inch; or

(3) In unsafe or unsanitary conditions.

B. Violation of the foregoing constitutes a misdemeanor subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000, or both.

§ 133-8 Dangerous dogs and potentially dangerous dogs.

A. Definitions. In this section the following words have the meanings indicated.

DANGEROUS DOG

A dog that:

(1) Without provocation has killed or inflicted severe injury on a person; or

(2) Is determined by the appropriate unit of the local government under this section to be a potentially dangerous dog and after the determination is made:

(a) Bites a person;

(b) When not on its owner's real property, kills or inflicts severe injury on a domestic animal; or

(c) Attacks without provocation.

OWNER'S REAL PROPERTY

Real property owned or leased by the owner of a dog, and does not include a public right-of-way or a common area of a condominium, apartment complex, or townhouse development.

SEVERE INJURY

A physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

B. Exception. This section does not apply to a dog owned by and working for a governmental or law enforcement unit.

C. Determination of a potentially dangerous dog. An appropriate unit of a County may determine that a dog is potentially dangerous if the unit finds that the dog:

(1) Has inflicted a bite on a person while on public or private real property;

(2) When not on its owner's real property, has killed or inflicted severe injury on a domestic animal; or

(3) Has attacked without provocation; and

(4) Notifies the dog owner in writing of the reasons for this determination.

D. Prohibited. A dog owner may not:

(1) Leave a dangerous dog unattended on the owner's real property unless the dog is:

(a) Confined indoors;

(b) In a securely enclosed and locked pen; or

(c) In another structure designed to restrain the dog; or

(2) Allow a dangerous dog to leave the owner's real property unless the dog is leashed and muzzled, or is otherwise securely restrained and muzzled.

E. Required notice. An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog to another shall notify in writing:

(1) The authority that made the determination of the name and address of the new owner of the dog; and

(2) The person taking possession of the dog of the dangerous behavior or potentially dangerous behavior of the dog.

F. Penalty. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.

§ 133-9 Care of mistreated animals.

A. Court-ordered removal. If an owner or custodian of an animal is convicted of an act of animal cruelty, the court may order the removal of the animal or any other animal at the time of conviction for the protection of the animal.

B. Seizure. An officer or authorized agent of a humane society, or police officer or other public official required to protect animals may seize an animal if necessary to protect the animal from cruelty.

C. Impounded animal.

(1) If an animal is impounded, yarded, or confined without necessary food, water or proper attention, is subject to cruelty, or is neglected, an officer or authorized agent of a humane society, a police officer, another public official required to protect animals, or any invited and accompanying veterinarian licensed in the state, may:

(a) Enter the place where the animal is located and supply the animal with necessary food, water, and attention; or

(b) Remove the animal if removal is necessary for the health of the animal.

(2) A person who enters a place under this section is not liable because of the entry.

D. A person who removes an animal under Subsection C of this section shall notify the animal's owner or custodian of:

(1) The removal; and

(2) Any administrative remedies that may be available to the owner or custodian. If an administrative remedy is not available, the owner or custodian may file a petition for the return of the animal in the District Court of the county in which the removal occurred within 10 days after the removal.

E. An animal is considered a stray if:

(1) An owner or custodian of the animal was notified and failed to file a petition within 10 days after removal; or

(2) The owner or custodian of the animal is unknown and cannot be ascertained by reasonable efforts for 20 days to determine the owner or custodian.

F. Limitations. This section does not allow:

(1) Entry into a private dwelling; or

(2) Removal of a farm animal without the prior recommendation of a veterinarian licensed in the state.

§ 133-10 Disposal of domestic animals.

A. "Animal control unit" defined. In this section, "animal control unit" means the local organization or government unit that the appropriate local governmental body designates to house, care for, and control domestic animals of unknown ownership.

B. In general. An animal control unit shall dispose of an unclaimed dog or cat only by:

(1) Placing the animal in a suitable home;

(2) Retaining the animal in the animal control unit; or

(3) Humanely destroying the animal.

C. Waiting period. A domestic animal that is impounded by an animal control unit may not be sold, placed, or destroyed until the animal has been carefully inspected for a tag, tattoo, microchip or other identification to ascertain the owner and:

(1) Seventy-two hours have elapsed after notice has been given to the owner; and

(2) If the owner cannot be notified, 72 hours have elapsed after the animal is impounded;

(3) The animal is diseased or severely injured; or

(4) The animal is under three months of age.

D. Retrieval of impounded animal.

(1) An animal control unit shall make a reasonable effort to notify the owner of the location of and the procedure for retrieving an impounded animal.

(2) An owner who retrieves an animal from an animal control unit shall pay all fees, costs, and expenses incurred by the animal control unit.

(3) The necessary expenses for food and attention given to an animal under this section may be collected from the owner, and the animal is not exempt from levy and sale on execution of a judgment for the expenses.

(4) A new owner with whom an animal is placed under Subsection B(1) of this section may be charged an adoption fee.

E. A person who violates this section:

(1) For a first offense, is subject to a civil fine not exceeding $500; and

(2) For a second or subsequent offense, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.