As used in and for the purposes of this chapter, the following
words and phrases shall have the meanings assigned to them herein:
The act of allowing an animal that is owned, kept, or maintained
by a person or persons to be left in any place without making provisions
for its adequate and continued care; to neglect or refuse to provide
for or perform legal obligations for the care and support of an animal;
or to refuse to pay for treatment or other services without an assertion
of good cause. The act of abandonment shall constitute the relinquishment
of all rights and claims by the owner to such animal.
To have such control over an animal so as to reasonably restrain
or govern an animal so that the animal does not injure itself, any
person, or any other animal or property.
The provision, at suitable intervals of not more than twelve
(12) hours, unless the dietary requirements of the species require
a longer interval, of a quantity of wholesome foodstuff, suitable
for the species and age, sufficient to maintain a reasonable level
of nutrition in each animal, all of which foodstuff is served in a
safe receptacle, dish, or container.
The continuous provision of a sanitary facility, protection
from the extremes of weather conditions, proper ventilation, and appropriate
space, depending on the species of animal, as defined by regulations
of the United States Department of Agriculture.
The provision, either continuously or at intervals suitable
to the species, which intervals shall not exceed eight (8) hours,
of a supply of potable water in a safe receptacle, dish, or container
of sufficient volume to maintain the health and safety of the animal.
Snow and ice are not considered an adequate source of water.
The Chief of Police or his/her designee who shall be authorized
to supervise the operation of the animal control program.
Every vertebrate nonhuman species of animal, both domesticated
and wild, male and female, including but not limited to dogs, cats,
livestock and fowl.
The Animal Control Commission of Prince George's County,
Maryland.
Any civilian employee of the City designated by the City
for the purpose of enforcing this chapter.
An animal not on the premises of its owner/custodian and
not otherwise leashed or physically restrained so as to prevent direct
contact with people or other animals.
Domesticated felines. The term "cat" shall not include wild
or exotic felines.
Any act of commission or omission whereby unjustifiable physical
harm or pain, suffering or death is caused or permitted, including
failure to provide to an animal adequate food, care, housing, water,
or veterinary care. In the case of an activity in which physical pain
is necessarily caused, such as food processing, hunting, experimentation,
or pest elimination, cruelty shall mean the failure to employ the
most reasonable humane method available under the circumstances.
Any person or persons responsible for the control and care
of an animal in the temporary or permanent absence of the owner.
The adoption or placement as a pet in an approved home, humane
administration or performance of euthanasia or, in the case of a wild
animal, release into a suitable habitat.
Any member of the domesticated canine species, male or female.
Animals which by long, continued association with man have
become thoroughly tame or domesticated, including, but not limited
to, cats, dogs, ferrets, rabbits, guinea pigs, hamsters, gerbils,
chinchillas, domesticated mice and rats, fish, caged birds and other
animals, which, by habit or training, live in association with man.
The act or practice of putting an animal to death in a humane
or instantaneous manner under guidelines and procedures approved by
the American Veterinary Medical Association. This term shall also
mean the act of humane disposal or humane destruction.
Any animal of a species that is not indigenous to the state
and is not a domesticated animal.
Any building or structure other than a private residence
in which animals are maintained, including, but not limited to, pet
shop, commercial kennel, cattery, or any combination thereof.
Any and all fowl, domesticated and wild, male and female.
The taking into custody of an animal by the animal control
officer or other duly authorized person(s) designated by the City
administrative officer.
The act or permitting or sufferance, by an owner or occupant
of real property, of feeding and/or sheltering any domesticated animal
on the premises of the occupant or owner thereof.
Care sufficient to preserve the health and well-being of
an animal and which, except for emergencies or circumstances beyond
the reasonable control of the owner, includes, but is not limited
to, the following requirements:
Food of sufficient quantity and quality to allow for normal
growth or maintenance of body weight.
Open or adequate access to potable water in sufficient quantity
to satisfy the animal's needs. Snow or ice is not an adequate
water source.
Access to a doghouse or other enclosed structure sufficient
to protect the animal from wind, rain, snow or sun and which has adequate
bedding to protect against cold and dampness.
Veterinary care deemed necessary by a reasonably prudent person
to relieve distress from injury, neglect or disease.
Space adequate for exercise necessary for the health of the
animal and which allows access to a dry place for the animal to rest.
The air temperature of any confined area must be suitable for the
animal confined. Confinement areas must be kept reasonably clean and
free from excess waste or other contaminants that could affect the
animal's health.
A civil violation, as defined by this chapter and subject
to the issuance of a civil citation pursuant to the provision of Article
23A of the Annotated Code of Maryland and to the provision of this
code.
The act of an owner or custodian of failing to provide minimum
(adequate) care and/or adequate control to an animal, which results
in substantial harm to the animal, creation of a public nuisance,
or harm to other persons.
In addition to its ordinary meaning, any person who keeps,
has temporary or permanent custody of, possesses, harbors, exercises
control over or has a property right in any animal, livestock or fowl,
provided that veterinary hospitals, commercial kennels and pet shops
and their employees shall not be considered to be owners to the extent
hereinafter provided. The term "owner" shall include the keeper of
an animal, even if said keeper has no property interest in the animal.
A parent or guardian of a minor child who comes within this definition
shall also be deemed to be the owner of the animal.
Includes, when used as a verb, human conduct in relation
to an owned animal which is intentional, deliberate, careless, inadvertent
or negligent.
A domesticated animal kept for pleasure rather than utility.
Pets include, but are not limited to, dogs, cats, birds, reptiles,
and other animals which, by habit or training, live in association
with man.
Property owned by the owner or custodian of an animal(s),
not including common property of a condominium, planned residential
unit development, or homeowners' association that is designated
by resolution or other appropriate document of such condominium, development,
or association as being property other than that of individual owners
or members.
The actions of an animal, the actions of an owner of an animal,
or a condition created by or related to the keeping of an animal that
unreasonably annoys humans; endangers the life or health of other
animals or persons; gives offense to human senses; or substantially
interferes with the rights of the citizens, other than its owner,
to enjoyment of life or property. The term "public nuisance" shall
mean and include, but is not limited to, any animal that:
Is repeatedly found at large; or
Damages the property of anyone other than its owner; or
Molests pedestrians; or
Chases vehicles; or
Excessively makes disturbing noises, including but not limited
to continued and repeated howling, barking, whining, or other utterances
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored; or
Causes fouling of the air by odor and causes thereby unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored; or
Attacks other domestic animals; or
Has been found by the Animal Control Commission, after notice
to its owner and a hearing, to be a public nuisance animal by virtue
of being a menace to the public health, welfare, or safety; or any
situation that
Causes unsanitary conditions in enclosures or surroundings where
the animal is kept or harbored; or
By virtue of the number or types of animals maintained, is offensive
or dangerous to the public health, safety, or welfare.
"Public nuisance" shall also mean an unsanitary, dangerous,
or offensive condition occurring in any facility, including, but not
limited to, any commercial kennel, cattery, pet shop, or petting zoo,
caused by the size, number, or types of animals maintained, kept or
harbored on any premises, or due to the inadequacy of the facilities,
or by reason of the manner or method of holding, confining, restraining,
boarding, or training animals. A public nuisance shall be deemed to
exist in any facility or establishment which maintains, keeps or harbors
any animal under conditions that constitute cruelty to such animals
or where the animal maintained, kept or harbored is a public nuisance
animal.
A leash, lead, cage or enclosure by which an animal is secured
by an individual of sufficient size, strength and maturity so as to
prevent direct contact with people or other animals.
A condition of good order and cleanliness which reduces the
probability of transmission of disease.
Any animal assisting a person with a disability, as defined
in the Americans with Disabilities Act.[1]
An antirabies vaccination using a vaccine type approved by
the State Department of Health and Mental Hygiene or the State Public
Health Veterinarian.
Any animal that without provocation inflicts severe injury
on, or kills, a human being either on public or private property;
any animal previously declared to be potentially dangerous as evidenced
by the unprovoked infliction of moderate injury upon a human being
while on either public or private property on more than one (1) occasion;
or the unprovoked killing, or infliction of greater than mild injury
on, a domestic animal while at large on more than one (1) occasion;
or the unprovoked infliction of mild injury on a human being or domestic
animal while at large on more than two (2) occasions within a six-month
period; or any animal declared to be dangerous or like term by any
other jurisdiction pursuant to definitions and standards of dangerous
that are substantially similar to those set forth in this chapter.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
It is the intent of the City Council that the animal control
regulations of this chapter shall supplement and exceed the animal
control regulations of the state and county. Insofar as these regulations
exceed the animal control regulations of the state or county, or regulate
matters not regulated by the state or county, these regulations shall
apply within the City. Insofar as these regulations refer to the regulations
of the county or delegate authority to the county, the animal control
regulations of the county shall apply within the City. Insofar as
the animal control regulations of Prince George's County regulate
matters not regulated herein and are not in conflict with the regulations
of this chapter, the regulations of the county shall apply within
the City. Insofar as the animal control regulations of the Annotated
Code of the State of Maryland provide alternate means of enforcement,
it is the intent of this code that nothing herein precludes the further
or alternate enforcement of animal control regulations as provided
in state law.
The violation of any provision of this chapter is declared to
be a municipal infraction. The penalty for the violation of any provision
of this chapter shall be as set forth in the City's Schedule
of Fines and Penalties. Each day that a violation exists shall constitute
a separate offense.
Any animal control officer, or other duly authorized City employee,
may seek a warrant from the appropriate court to enable the City to
enter private property in order to inspect, care for, or impound neglected
or abused animals or to otherwise investigate or inspect for suspected
violations of this chapter.
When, in the opinion of the animal control officer, or other
duly authorized City employee, it is necessary to protect an animal,
person or the general public from actions that constitute nuisance,
neglect or cruelty, the City may seek from a court of appropriate
authority an emergency order seeking relief from the condition(s)
causing or suspected to cause the nuisance, neglect or act of cruelty.
