A.
The Board consists of five members, plus two alternates recommended
by the County Executive and confirmed by the County Council.
B.
The term of office on the Board is three years, with no limit on
the number of terms a Board member can serve.
C.
A Chairman will be appointed annually by the majority vote of the
members of the Board.
D.
The Board is to meet as needed for appeals.
E.
A quorum of three members is needed to hear and decide an appeal.
F.
The County Attorney shall be the Secretary of the Board.
A.
The Animal Appeal Board may make advisory recommendations to the
County Council regarding changes, implementation, and administration
of the animal control laws of the County.
B.
The Animal Appeal Board may make advisory recommendations to the
County Executive and the County Council concerning a schedule of fines
authorized by this chapter.
C.
The Board will promptly hear and decide appeals of determinations
made by the Animal Control Authority concerning the classification
of an animal as potentially dangerous or dangerous, and/or requirements
established pursuant to such determinations.
The following procedures are applicable to appeals to the Animal
Appeal Board:
A.
The Board's Secretary shall schedule the appeal hearing, subject
to postponement at the owner's request for good cause stated,
and notify the owner at least five days prior to the scheduled and
any rescheduled hearing date.
B.
The Board's Chairperson shall preside at the hearing and rule
on the admissibility of evidence and procedural issues that may arise,
for which the County Attorney may offer guidance. In the absence of
the Chairperson, the Board members may appoint any member to preside
and make such rulings. The presiding member may vote on any matter
before the Board.
C.
The hearing shall be quasi-judicial in nature, and all testimony
shall be under oath administered by the Board's Secretary or
the presiding member.
D.
Witnesses may be presented by the owner or the Animal Control Authority
and shall be subject to questions by either party or by members of
the Board. The parties may offer documentary or other evidence, which,
if admitted, shall be held by the Board's Secretary pending the
Board's decision.
E.
The Animal Control Authority shall have the burden of proof and must
present clear and convincing evidence to support a determination that
an animal is potentially dangerous or dangerous. Absent such evidence,
the Board shall reverse the determination. If the Board upholds the
determination or if the appeal pertains only to the requirements established
pursuant to the determination, it may uphold the requirements if it
finds that the particular requirement is reasonable and appropriate
based upon evidence presented at the hearing.
F.
The owner may be represented by any person designated by the owner
and shall be entitled to obtain a transcript of the hearing and a
copy of any documentary evidence, provided that the owner tenders
the estimated cost in advance to the Board's Secretary.
G.
These rules shall apply regarding evidence:
(1)
Reports prepared by animal control officials, government officials
or treating medical personnel in the normal course of investigation
or services regarding an animal's behavior or consequences thereof
may be presented by the County Attorney and admitted as evidence without
need of authentication by the custodian or maker thereof.
(2)
Other documents containing statements by a fact witness may be admitted
as evidence if the document is in the form of an affidavit admissible
in support of a motion in Maryland's circuit courts.
(3)
Hearsay contained in testimony or documents admitted as evidence,
but hearsay within hearsay ("double hearsay") shall not be admitted
in evidence unless it would be admissible in a trial in Maryland's
circuit courts.
(4)
On motion supported by a majority of the panel, a hearing may be
continued in order to obtain additional evidence, including testimony
by fact witnesses whose statements are reported or mentioned in documents,
including affidavits, admitted as evidence.
(5)
In reaching its decision, the Board may not consider evidence that
is not admitted in the hearing, and before the decision is reached
the members shall refrain from off the record ("ex parte") discussion
of the facts or issues with anyone, including animal control officials,
other than another member of the hearing panel, except for discussion
with the County Attorney during the Board's deliberations regarding
pertinent legal points or precedent.
H.
The Animal Appeal Board must keep minutes of its proceedings, recording
all votes, examinations, and other official actions, all of which
must be filed with the Animal Control Authority. The Board's
Secretary shall perform these functions.
I.
An action or decision by the Board must be pursuant to a motion approved
by a majority of the Board members in attendance. In order to uphold
a determination by the Animal Control Authority, the motion must contain
a statement of the facts, which must be supported by substantial evidence,
forming the basis of the action or decision. The full text of the
motion and record of members' votes will be incorporated in the
Board's minutes.
J.
The Secretary shall prepare or cause to be prepared an appropriate
order for the Board's approval within 10 days after its decision,
which shall include a statement of facts contained in the motion.
A.
The Animal Appeal Board may uphold or reverse the determination that
an animal is dangerous or potentially dangerous and/or requirements
established pursuant to such determination.
B.
If the Animal Appeal Board upholds the determination that an animal
is a potentially dangerous animal, it may order any of the following:
C.
If the Animal Appeal Board upholds the determination that the dog
is a dangerous animal, it may order any of the following:
(1)
That the owner of the dangerous animal be 18 years of age or older;
(2)
A proper enclosure to prevent the entry of any person or animal and
the escape of the dangerous animal;
(3)
The animal to be photographed by the Animal Control Authority;
(4)
The owner of the dangerous animal to have written permission of the
property owner, landlord, or property manager to maintain the animal
on the premises where the dangerous animal will be kept;
(5)
The owner to maintain the dangerous animal exclusively on the owner's
property except for examination or medical treatment;
(6)
The owner of the dangerous animal to post and maintain on the premises
a clearly visible written warning sign that there is a dangerous animal
on the property with a conspicuous warning symbol that informs children
of the presence of a dangerous animal. The sign will be visible from
the public highway or 50 feet, whichever is less;
(7)
The owner of the animal to have the animal spayed or neutered within
30 days of being determined dangerous;
(8)
The owner to have the animal implanted with a microchip containing
owner identification information. The microchip information must be
provided to the Animal Control Authority within three days of being
determined dangerous; or
(9)
The mandatory seizure and euthanization of the animal for the protection
of the public health, safety, and welfare, without regard to any restriction
or holding period otherwise established in this chapter. The animal's
owner will be responsible for the cost of euthanization.
D.
If the Animal Appeal Board completely reverses the determination,
the owner will not be responsible for costs of boarding, and any sum
the owner has paid shall be reimbursed.
E.
Upon the posting with the County a bond and/or funds in an amount
calculated by Wicomico County for the estimated costs of the dog's
board pending appeal, a person aggrieved by a final decision of the
Animal Appeal Board under this chapter may file an appeal to the Circuit
Court for Wicomico County in accordance with the Maryland Rules of
Procedure. No action will be taken while the appeal is pending, but
the owner will be responsible for the entire costs of boarding unless
the Circuit Court completely reverses the Animal Appeal Board's
determination, in which event any funds posted by the owner will be
promptly reimbursed. Actual boarding costs, if any, for which the
owner is responsible that are not paid may be collected in the same
manner as a judgment or debt may be collected.
F.
If the owner appeals the Circuit Court's decision, the bond and/or funds posted with the County shall be recalculated and must be posted in full within 10 days after the owner is informed of the recalculated amount. The provision in Subsection E shall apply regarding the owner's liability for the boarding costs or reimbursement thereof.
No Animal Control Officer shall entice or lure an animal off
the property of an owner.
This chapter does not apply to an animal owned by and working
for a governmental or law enforcement agency while the animal is on
duty.
A.
Animal Control Officers, the Sheriff and Deputy Sheriffs may enter
onto private property:
(1)
As permitted by law; provided, however, that consent to entry by
an Animal Control Officer shall be effective only for the specific
purpose(s) of which the owner of the property or other person consenting
to entry has been informed by the person requesting to enter; or
(2)
In the absence of such consent, if the Animal Control Officer, Sheriff
or Deputy Sheriff has actual knowledge that there is an ongoing violation
of this chapter by (a) abuse or neglect of an animal, improper tethering
or failure to provide adequate care or shelter; or (b) failure to
satisfy a requirement issued for a dangerous or potentially dangerous
dog; such entry shall be limited to causing such violation to be terminated
by appropriate action, including removal of animals for impoundment
by the Animal Control Authority. However, entry under those circumstances
is not hereby required.
B.
The Sheriff or a Deputy Sheriff and, subject to approval by the County
Executive, an Animal Control Officer may request the County Attorney
to seek in a court of competent jurisdiction a search and seizure
warrant to allow entry onto private property and entry into any building
or other enclosure thereon subject to appropriate legal procedure
and limitations for the purpose of enforcement of this chapter.
C.
This section does not limit or proscribe any lawful entry.
A.
The owner or person in possession of property is required to promptly
dispose of the following if present on the property:
(1)
Domestic animals and animals being maintained for the production
of food, food products or fiber, or breeding that have died or been
killed by accident or otherwise; and
(2)
Other (including wild) animals, if killed by poison, hunting or other
means by the owner or other person in possession of the property or
a guest, invitee or licensee of such owner or other person.
B.
Appropriate disposition may be made by the following means, in accordance
with applicable requirements:
(1)
Cremation;
(2)
Deposit in the County's landfill;
(3)
Burial or composing if done in a manner that will substantially prevent
odor emission and attraction of vermin, insects and scavengers (see
Maryland Extension Service Fact Sheet 537 [poultry] and Fact Sheet
717 [animals]) on any property with the consent of its owner; or
(4)
Otherwise as authorized or required by law.
C.
A dead animal or carcass thereof may not be deposited or placed in
any public street, highway or right-of-way or, except as permitted
in this section, on any private property.
D.
Failure to dispose of dead animals as required by this section is
subject to the obligation to reimburse the County for disposing of
such animals as well as the monetary civil penalty stated elsewhere
in this chapter.
