Wicomico County, MD Article IX Breeder Licenses; Sale of Puppy or Kitten; Pet Shops and Breeders

§ 133-24 Breeder licenses.

A. Definition. As used in this section, the following terms shall have the meanings indicated:

BREEDER

A person selling dogs or cats that:

(1) Owns more than five unspayed females; or

(2) Sells from more than five litters per year.

B. All breeders must obtain a license from the Animal Control Authority and pay an administrative fee, if any, to be determined by the County Council. All breeders must allow the Animal Control Authority to conduct inspections during normal business hours to ensure compliance with all applicable laws.

§ 133-25 Sale of puppy or kitten.

A. Scope of section. This section does not apply to:

(1) A biomedical facility that is licensed by the United States Department of Agriculture; or

(2) An animal that is accompanied by a signed statement from a licensed veterinarian stating that the animal's dam is incapacitated for humane or medical reasons and cannot care for the animal.

B. Prohibited.

(1) Except as provided in Subsection B(2) of this section, a person may not sell or distribute in the state or bring into the state for the purpose of sale or distribution a domestic dog or cat less than eight weeks of age unless accompanied by its dam.

(2) A person may give an unaccompanied dog or cat to:

(a) An animal shelter or pound that is operated or supported by a government; or

(b) A humane society.

C. Penalty.

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

(2) For purposes of humane disposal, a court may seize an animal brought into this state in violation of this section.

§ 133-26 Pet shops and breeders.

A. Pet shops: a person, entity, sole proprietorship, partnership, or corporation that sells or offers to sell two or more species of animals to the general public with the intent that they be kept as pets.

B. Pet shops and breeders must comply with the following minimum standards:

(1) Must not sell or give away puppies or kittens that are under eight weeks of age;

(2) An animal with symptoms of disease must be physically separated to the greatest extent possible from other healthy animals;

(3) An animal with or suspected of having a disease communicable to humans must be treated by a licensed veterinarian and must not be offered for sale;

(4) Fresh water must always be available to all animals;

(5) Fresh food must be available to all animals and replaced frequently and appropriately;

(6) All areas of confinement, display areas, storage areas, and sales areas must be maintained in a sanitary condition, including:

(a) Cages with wire floors must be in good repair so animals will not be injured. The floor must be made so the animal's feet will not pass through openings. The floor must not bend or sag between the supports;

(b) If a cage is made of metal strands, the strands must be no greater than 1/8 inch in diameter (nine-gauge wire) or coated with a material such as plastic or fiberglass;

(c) The animal must have a ten- to twelve-inch clearance when standing in the cage. The sides and length of the enclosure must be wide enough to allow the animal to completely turn around; and

(d) Indoor areas housing animals must be sufficiently heated or cooled; and

(7) Dogs must be housed separately or only with dogs of similar temperament;

(8) If a violation of this section occurs, all animals in the facility may be impounded, subject to a court order.

C. A pet shop or breeder must provide a purchaser of an animal with complete medical records of the animal.