This chapter is intended to promote the public
health, safety, and welfare in connection with the care, custody,
and control of animals. State law also establishes certain licensing
fees and requirements, and certain criminal acts with regard to the
care and treatment of animals. This chapter is intended to provide
supplemental additional regulation. Nothing in this chapter is intended
to supersede, modify, or repeal any existing state law, rule, or regulation,
except to the extent that state law delegates the power to the County
Council to do so and the Council has exercised that authority expressly
or by necessary implication.
For the purposes of this chapter, the following
words and phrases shall have the meanings defined in this section:
ADEQUATELY VACCINATED
A licensed veterinarian or other person authorized by law
has immunized an animal against rabies in accordance with the current
year's recommendations as circulated by the Department of Health,
and documented the rabies immunization by issuing a valid rabies certificate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
ANIMAL
A living creature except a human being.
ANIMAL CONTROL AUTHORITY
An agency or individual appointed or contracted by the County
Council to oversee animal control pursuant to this chapter.
ANIMAL CONTROL OFFICER
An individual employed by the Animal Control Authority to
oversee, implement, and enforce animal control pursuant to this chapter.
ANIMAL CONTROL PERSONNEL
Any individual authorized by the Animal Control Authority
or Animal Control Officer to implement and enforce the provisions
of this chapter.
ANIMAL RESCUE FACILITY
An organization or person(s) who regularly maintains 10 or
more animals at one time for the purpose of rehabilitation and/or
re-homing.
[Added 4-9-2019 by Bill
No. 1408]
AT LARGE
An animal which is not on the owner's property or under the
immediate physical control of a responsible person capable of physically
restraining it; provided, however, that dogs will be permitted to
run at large when accompanied by the owner, bailee, or authorized
agent if the dog is being used or trained for hunting, or is being
accompanied by its owner, bailee, or authorized agent on horseback.
BOARDING FACILITY
A facility with capacity to house 10 or more dogs and/or
cats in exchange for payment.
[Added 4-9-2019 by Bill
No. 1408]
BREEDING FACILITY
A facility operated by persons who own or house six or more
unaltered female dogs or cats over the age of six months with the
intent to breed and produce at least three litters of puppies or kittens
each calendar year for sale.
[Added 4-9-2019 by Bill
No. 1408]
DANGEROUS DOG
A dog that without provocation has killed or inflicted severe
injury on a person or is determined by the Animal Control Board to
be a potentially dangerous dog and, after the determination is made,
bites a person; when not on its owner's real property, kills or inflicts
severe injury on a domestic animal; or attacks without provocation.
DIRECTOR
The Executive Director of the Animal Control Authority.
[Added 4-9-2019 by Bill
No. 1408]
EXTREME WEATHER CONDITIONS
Temperatures below 32° F. or above 85° F., or during
an active weather warning issued by the National Weather Service or
Talbot County Department of Emergency Services.
[Added 4-9-2019 by Bill
No. 1408]
KEEP or HARBOR
The act or sufferance of either feeding or sheltering an
animal on one's premises.
OWNER or OWN
Any person having a right of property in an animal, any person
who keeps or harbors it, any person who has it in his care or custody,
or permits it to remain on, or about, any premises he occupies or
controls.
OWNER'S REAL PROPERTY
Real property owned or leased by the owner of the dog. "Owner's
real property" does not include a public right-of-way or a common
area of a condominium, apartment complex, or townhouse development.
[Note: This definition is from Md. Code Ann., Criminal Law Art., § 10-619(A)(3).]
PET SALE FACILITY
A pet store which sells animals for profit, including, but
not limited to, dogs and cats.
[Added 4-9-2019 by Bill
No. 1408]
POTENTIALLY DANGEROUS DOG
A dog that the Animal Control Board has determined to have:
A.
Inflicted a bite on a person while on public
or private real property;
B.
When not on its owner's real property, killed
or inflicted severe injury on a domestic animal; or
C.
Attacked without provocation.
PUBLIC NUISANCE
A.
Any animal which, on repeated occasions, has
been engaging in one or more of the following behaviors:
[Amended 8-28-2018 by Bill No. 1403]
(2)
Excreting on private property other than its
owner's;
(6)
Harassing, chasing, tormenting, or injuring
livestock, domestic or farm animals; or
(7)
Acting in any manner which is injurious to property
or to public health, safety, and welfare.
B.
A public nuisance includes any animal that is
known to have bitten or injured one or more persons or animals; but
not including:
(1)
The first instance of a provoked bite, which
means a bite that resulted from human activity, such as an individual
attempting to play with, pet, feed, handle, hold, or redirect an animal's
actions;
(2)
A dog that, while on its owner's real property,
kills or inflicts severe injury on a domestic animal; or
(3)
An animal belonging to a government agency for
conduct occurring while the animal is acting in the official performance
of its authorized duty.
C.
A public nuisance includes a dead animal not
properly disposed of that, by reason of its presence, appearance,
odor, or other condition, poses a threat to the health of any person,
animal, or the public generally.
RECORDS
Any evidence accounting an act or occurrence in the past,
in written or electronic form.
[Added 4-9-2019 by Bill
No. 1408]
RESTRAINT
Secured by leash and in the custody of a responsible person
who is capable of, and does, retain continuous control of the animal.
Except for vicious animals and dangerous dogs, it also means an animal
that is in the custody of a responsible person and obedient to that
person's order.
SEVERE INJURY
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
SUITABLE SHELTER
A heated or properly ventilated shed, garage, or outbuilding
that has a floor, a roof, and four walls, one of which shall contain
a doorway. The following shall not be considered proper shelter: a
crawl space which is under a building or part of a building, the space
under or inside of a vehicle, any structure made from pressure-treated
wood which contains the chemicals arsenic or chromium, a floor consisting
of wire or chain link, or any structure made from cardboard or other
materials that are easily degraded by the elements. However, for rabbits
only, a shelter may have a wire floor with its openings no larger
than two inches by one inch. Additionally, at the discretion of the
Animal Control Authority, a doghouse fitting the requirements of a
properly insulated doghouse or a heated doghouse may be considered
a suitable shelter depending upon the body condition and breed of
the dog in question.
[Added 4-9-2019 by Bill
No. 1408]
TETHERING
Form of restraint which means a chain, rope, tether, leash,
cable or other device that attaches a dog to a stationary object or
trolley system.
[Added 4-9-2019 by Bill
No. 1408]
TRAINING FACILITY
A facility housing and caring for animals (usually dogs)
for a finite period of time in order to train the animals for the
owners in exchange for payment.
[Added 4-9-2019 by Bill
No. 1408]
UNATTENDED
Not readily available to provide for an animal.
[Added 4-9-2019 by Bill
No. 1408]
VICIOUS ANIMAL
Any animal that attacks or injures a domestic animal or person;
or exhibits aggressive or dangerous behavior while it is not adequately
confined or restrained. No animal belonging to a government agency
shall be deemed a vicious animal for conduct occurring while the animal
is acting in the official performance of its authorized duties.
[Amended 4-9-2019 by Bill
No. 1408]
[Added 4-9-2019 by Bill
No. 1408]
A. The owner
of a boarding, breeding, training, animal rescue and/or pet sale facility
shall be required to obtain a license from the Animal Control Authority
to operate such facility.
B. The Animal
Control Authority shall conduct an inspection of the facility each
calendar year and such inspection shall include any records of the
facility related to the care of animals and supplies for such animals,
any records contained in the holding facility that are required to
be kept by federal, state, or County law within the previous 12 months
and documentation that any animal held on the premises within the
12 months prior to inspection had received veterinary care during
their time at the facility and received rabies vaccinations. If a
violation of this chapter is found upon such inspection, the Animal
Control Authority shall have continuing authority to reinspect until
compliance is achieved.
C. Minimum
standards. In addition to the other requirements of this chapter,
a facility shall comply with the minimum standards established in
this section, the application of which shall be in conformity with
individual species requirements and common veterinary practices, to
include, but not be limited to, the following:
(1) Food
and water.
(a) All animals shall be supplied with sufficient and wholesome food
and potable water.
(b) All food and water containers shall be clean and so placed that the
animals cannot readily tip them over.
(2) Quarters.
(a) All animals and animal quarters shall be kept in a clean and sanitary
condition.
(b) Floors of buildings, runs, and walls shall be of a material that
will permit proper cleaning and disinfecting.
(c) Adequate lighting, ventilation and temperatures shall be maintained.
(d) Proper washing and disinfecting of crates, runs, walls and other
areas where animals are housed shall be done regularly.
(3) No
escape.
(a) Animals housed in a facility shall be maintained in quarters so constructed
as to prevent their escape.
(b) All reasonable precautions shall be taken to protect the public from
the animals and the animals from the public.
(4) Size
of cage. Each cage shall be of sufficient size that an animal will
have room to stand, turn, and stretch to the animal's full length.
(5) Exercise.
All animals housed in facilities shall be properly exercised in accordance
with the age and species of the animal.
(6) Illness
or injury.
(a) If an animal in a facility demonstrates signs of illness or disease,
the animal shall be isolated in a manner that will prevent the spread
of the illness or disease to other animals.
(b) The owner or lessee of a facility shall provide or cause to be provided
appropriate care for sick, diseased, or injured animals.
(c) The owner or lessee of a facility shall provide or cause to be provided
appropriate veterinary care for sick, diseased, or injured animals
within 24 hours of the onset of the injury or illness.
D. License
application filing requirements. Every application for a new or renewal
license shall be made to the Animal Control Authority and shall be
accompanied by the specified license fees. The application shall contain
the following:
(1) The
type of license desired.
(2) The
particular place for which the license is desired, designating the
street name and number, and also a description of the portion of the
building in which the business will be conducted.
(3) The
name and residence address of all of the individuals who own a percentage
of the business.
(4) A
statement that neither the business nor any one of the individual
owners nor any employee of the business has ever been convicted of
a felony or of a misdemeanor involving cruelty to animals in the State
of Maryland, any other state, or of the United States or any foreign
country.
(5) A
statement that neither the business nor any one of the individual
owners has had their ability to care, train, or breed animals revoked
or suspended.
(6) An
inspection of the facility by the Animal Control Authority must occur
before a license can be issued.
E. Decision.
(1) After
reviewing the application and performing the required inspection,
the Animal Control Authority shall make a determination whether or
not to issue a license. If the Animal Control Authority is not willing
to issue a new or renewal license without a public hearing, the Animal
Control Authority shall request that the Animal Control Board hold
a public hearing on such applications, and the decision to issue such
license shall be made by the Animal Control Board after such hearing.
(2) The
Animal Control Authority shall be authorized, but not required, to
provide the Board with a recommendation on new or renewal license
applications, including conditions, limitations, and restrictions
to ensure that the facility complies with applicable law. The Board
shall consider these recommendations before making a decision on the
application.
(3) The
Board shall approve an application for a facility unless the Board
finds that:
(a) The license application is incomplete;
(b) The applicant has made false, inaccurate, incomplete or incorrect
statements in connection with the application;
(c) The business, the individual owners of the business, or any one of
the employees of the business has been convicted of a felony or of
a misdemeanor involving cruelty to animals in the State of Maryland,
any other state, or of the United States or any foreign country and/or
has had their ability to care, train, or breed animals revoked or
suspended, and the Board believes that such history should prohibit
the involvement of the business or individual owner from the care
of animals;
(d) There are other substantial reasons in the discretion of the Board
why the license should not be issued, in which event the Board shall
deny the license.
F. Suspension
or revocation of license.
(1) General
provisions.
(a) Any license issued under the provisions of this section may be revoked
or suspended for any period by the Animal Control Board for any cause
which, in the judgment of the Board, is necessary to promote the health
and welfare of animals. A license may be revoked or suspended by the
Board based upon, but not limited to, any of the following findings:
[1] Conviction by the owner or any one of the employees of the facility
of a criminal violation involving the mistreatment or neglect of animals.
However, a conviction by an employee is only grounds for a revocation
or suspension if the underlying events for the criminal violation
occurred on the property of the facility;
[2] Any finding of fact in a criminal proceeding that would be sufficient
to sustain a judgment or verdict of guilt for any violation of state
law related to the mistreatment or neglect of animals by the owner
or an employee of the facility, regardless of whether that finding
is stricken and probation before judgment is granted;
[3] The facility is found to be maintained in an unsanitary or inhumane
manner; or
[4] The facility repeatedly and willfully violates any provision of state
law or the Talbot County Code related to animals.
(2) For
purposes of this section, a conviction is deemed to have occurred
whenever a person accused of a crime pleads guilty or nolo contendere,
or is found guilty of an offense.
(3) Procedure
for revocation or suspension. The Animal Control Board may, on recommendation
of the Animal Control Authority, revoke or suspend any license issued
under the provisions of this section. Such action shall not be taken
until the Board has conducted a hearing upon the complaint, notice
of which shall be mailed or delivered to the license holder at least
10 days before the hearing. In a hearing under this section, the Animal
Control Authority shall be the first to present evidence to the Board;
the license holder shall then present its evidence, to be followed
by any further evidence to be presented by the Animal Control Authority.
The Board may also receive public comment. Within 30 days of the hearing,
the Board shall issue its decision, setting forth its findings.
G. Appeals.
(1) Appeals from decisions of the Board related to §
15-3.1E or
F shall be to the Circuit Court for Talbot County, in accordance with the Maryland Rules of Procedure applicable to administrative appeals.
(2) The
decision approving, suspending, revoking, restricting, or refusing
to approve, suspend, revoke or restrict any license or licensee shall
be subject to appeal in the manner provided in this section.
(3) Who
may appeal. A licensee, a license applicant, or the Animal Control
Authority may appeal a final decision of the Board to the Circuit
Court if the licensee, license applicant, or the Animal Control Authority
is aggrieved by the decision.
(4) Court
costs. The Clerk of the Circuit Court, before docketing an appeal,
shall first collect from the person or persons so appealing all court
costs and a statement from the Board that the costs for getting records
and transcripts of proceedings of the hearing before the Board have
been paid. Costs may not be assessed against the Board.
(5) Scope
of appeal.
(a) Upon the hearing of such appeal, the action of the Board shall be
presumed by the Court to be proper and to best serve the public interest.
The burden of proof shall be upon the petitioner to show that the
decision complained of was against the public interest and that the
Board's discretion in rendering its decision was not honestly and
fairly exercised, or that such decision was arbitrary, or procured
by fraud, or unsupported by any substantial evidence, or was unreasonable,
or that such decision was beyond the powers of the Board and was illegal.
The case shall be heard by the Court without the intervention of a
jury. If in the opinion of the Court it is impracticable to determine
the question presented to the Court, in the case on appeal, without
the hearing of additional evidence, or, if in the opinion of the Court,
any qualified litigant has been deprived of the opportunity to offer
evidence, or if the interests of justice otherwise require that further
evidence should be taken, the Court may hear such additional testimony
to such extent and in such manner as may be necessary or may remand
the case to the Board for that purpose.
(b) In such actions of appeal the Board may be represented by its attorney.
(c) The Board's decision shall be affirmed, modified, reversed, or remanded
to the Board. Costs shall be awarded as in other civil cases.
(6) Further
appeals. Further appeals shall be governed by the provisions of Md.
Code Ann., Agriculture Art., § 2-1601.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H. Violation
of this section shall not result in monetary penalties.
[Amended 4-9-2019 by Bill
No. 1408]
A. Generally.
A vicious animal or dangerous dog must be confined at all times while
on the premises of the owner or person in possession of the animal.
The animal shall not be taken out of such confinement unless securely
muzzled and under restraint. Upon a violation of this section, in
addition to any criminal prosecution or fine authorized by this chapter,
the Animal Control Board may order the animal destroyed and direct
the owner to refrain from possessing or owning other animals for a
period not to exceed three years. Confinement by electric fence and
use of retractable leashes are not allowed for vicious animals and
dangerous dogs. While a vicious animal or dangerous dog is off the
property where the animal resides, the animal must be kept on a six-foot
or shorter leash.
B. Basis for
declaration. A declaration of vicious animal or dangerous dog shall
be based on:
(2) Observations
of animal control officers;
(3) Citizen
affidavits concerning the citizen's personal experience with the animal;
(4) Animal
control records; or
(5) Other
documented information.
Any person who violates any provision of §
15-7 shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not to exceed $500 or be imprisoned for not to exceed 90 days.
A. No person shall attempt to interfere with the Animal
Control Officer or Animal Control personnel in the lawful performance
of their duties under this chapter;
B. No person shall attempt to obtain the release, without
permission from the Animal Control Authority, of any animal legally
impounded or otherwise confined on shelter property pursuant to this
chapter; and
C. No person shall fail to confine, restrain, or muzzle
a vicious animal or dangerous dog in violation of this chapter.
Any person who violates any provision of §
15-8 shall be guilty of a municipal infraction. Adjudication of a violation under this section is not a criminal conviction, and it does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.
A. All owners shall care for the grounds where their
animals are kept so as to prevent the area from becoming a public
nuisance or unhealthy for the animals kept thereon.
B. All owners shall exercise care and control over their
animals to prevent them from becoming a public nuisance.
C. No owner shall fail or neglect to properly dispose
of a dead animal.
D. No owner shall fail to obtain a license as required
by this chapter.
E. A person may not:
(1) Overdrive or overload an animal;
(2) Deprive an animal of necessary sustenance;
(3) Cause, procure, or authorize an act prohibited under Subsection
E(1) or
(2) of this subsection; or
(4) If the person has charge or custody of an animal,
as owner or otherwise:
(a)
Inflict unnecessary suffering or pain on the
animal; or
(b)
Unnecessarily fail to provide the animal with
nutritious food in sufficient quantity, necessary veterinary care,
proper drink, air, space, shelter, or protection from the weather.
F. A person
shall provide an owned domestic dog, cat, or rabbit access to a suitable
shelter which provides adequate protection upon the onset of extreme
weather conditions. The space available to the animal in the shelter
shall be maintained in a safe and healthful manner, free of standing
water, accumulated waste and debris, protected from flooding and provided
with adequate ventilation to allow the animal to remain dry and maintain
a normal body temperature and exposure to natural or artificial light
and provide adequate protection from the weather conditions at hand.
[Added 4-9-2019 by Bill
No. 1408]
G. A person
must not tether a dog under circumstances that endanger its health,
safety, or well-being, as stated below. Failure to provide relief
to a dog in distress when exposed to any of the conditions listed
below is proof that the dog was improperly, i.e., cruelly, tethered:
[Added 4-9-2019 by Bill
No. 1408]
(1) Leaving
a dog on a tether unattended at any time;
(2) Tethering
a dog between the hours of midnight and 6 a.m.;
(3) Tethering
of a dog during a weather emergency, or a dog-control emergency declared
by the Director;
(4) Using
a tether that weighs more than 1/8 of the dog's body weight;
(5) Using
a tether that does not have a swivel attached on each end;
(6) Using
a tether that is less than five times the length of the dog, as measured
from the tip of its nose to the base of its tail;
(7) Tethering
that unreasonably limits a dog' s movement;
(8) Tethering
under conditions where the dog or tether can become entangled on the
tether or some other object;
(9) Tethering
that restricts a dog's access to suitable and sufficient food, clean
water, and appropriate shelter;
(10) Tethering
in unsafe or unsanitary conditions;
(11) Tethering
that does not allow a dog to defecate or urinate in an area separate
from the area where it must eat, drink, or lie down; or
(12) Tethering
that causes injury, stress, or demonstrable socialization problems.
H. A person
shall not tether, chain, fasten, tie, or otherwise restrain a cat
to a house, tree, fence., or other stationary or immobile object.
[Added 4-9-2019 by Bill
No. 1408]
I. Exception.
Nothing in this regulation prohibits:
[Added 4-9-2019 by Bill
No. 1408]
(1) A regimen
of restraint that the Director has approved for a particular training
or working dog purpose; or
(2) The
temporary tethering of a dog incidental to its veterinary care and/or
grooming, in accordance with professionally accepted standards.
J. The Animal Control Authority may issue a civil citation for violation of §
15-8E(1) through
(4) only when it elects to forego criminal charges for the identical prohibited acts under Md. Code Ann., Criminal Law Art., § 10-604, as amended or recodified.
[Amended 4-9-2019 by Bill
No. 1408]
K. Violations of §
15-8F shall result in a fine of $500 for the first violation for each involved animal, $1,000 for the second violation with the same animal, and $1,500 for the third violation with the same animal. Violations of §
15-8G and
H shall result in a fine of $100 for the first violation for each involved animal, $200 for the second violation with the same animal, and $300 for the third violation with the same animal. Procedures for the issuance of such violations are detailed elsewhere in the Code.
[Added 4-9-2019 by Bill
No. 1408]
The County Council may, by contract, appoint
or engage an Animal Control Authority as the enforcement authority
for animal control and the dog and cat licensing provisions of this
chapter. The Animal Control Authority shall appoint an Animal Control
Officer, who shall have supervisory authority with regard to enforcement
and administration of this chapter, as an independent contractor,
under the general supervision of the County Manager.
The Animal Control Authority may appoint or
employ Animal Control personnel, who, acting under the supervision
of the Animal Control Officer, shall be empowered to implement and
enforce the provisions of this chapter.
Any person aggrieved by a final decision of
the Animal Control Board under this chapter may file an appeal to
the Circuit Court for Talbot County in accordance with the Maryland
Rules of Procedure.