City of New Carrollton, MD Public Nuisances

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§ 35-24 Manner of keeping animals; prohibition of public nuisances.

No person shall keep or maintain any animal in the City in such a manner as to disturb the peace, comfort or health of any person residing in the City or to permit the animal to be a public nuisance or to cause or permit the animal to cause a public nuisance.

No owner or custodian of an animal or operator of any facility shall fail to abate a nuisance caused by any animal owned by the person or under the person's control, nor shall any person fail to abate a public nuisance condition found to exist upon the premises owned or controlled by the person, after having been notified by an animal control officer or other law enforcement officer.

Upon finding any person in violation of this section, any person authorized to enforce these regulations may file a written complaint or violation notice with the County Animal Control Commission.

Any violation of this section shall be a municipal infraction.

§ 35-25 Public nuisances.

An owner of an animal is in violation of this chapter if such animal constitutes a public nuisance or is a menace to public health or safety, including an animal:

(1)

That is at large, unless said animal is off leash in a City-designated off-leash dog park;

(2)

That interferes with the freedom of movement of persons in a public right-of-way or chases motor vehicles in a public right-of-way;

(3)

That attacks, without provocation, any person or other animal on public or private property, whether or not an injury occurs;

(4)

That 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 to others in close proximity to the premises where the animal is kept or harbored;

(5)

Whose owner/custodian fails to maintain sanitary conditions in enclosures or surroundings, thereby causing unreasonable annoyance or discomfort to neighbors or to others in close proximity to the premises where the animal is kept or harbored;

(6)

Whose owner allows the animal(s) to cause an unsanitary, dangerous, or offensive condition because of the size or number of animals in a single location or because a facility is not appropriate for the animal or properly maintained;

(7)

Whose owner allows an animal(s) to act in any other way that the animal control officer finds would cause any other public nuisance;

(8)

That is present on school grounds during the period of one (1) hour before school through one (1) hour past the normal school hours, without the prior permission of the person in charge of the administration of the school; or in violation of any school property, unless under the restraint of an adult, parent or guardian intended to pick up or drop off a student, unless otherwise prohibited by school policy;

(9)

That is present in any section of a park or recreation area or facility, unless authorized by park authorities;

(10)

That is present on any public recreation area, other than those areas set forth in this section, unless the animal is controlled by a leash or other suitable physical restraint;

(11)

That is a female in heat and not secured so as to prevent contact with other animals, except for planned breeding. Additionally, an owner of an unaltered male animal shall be responsible for the control of the male animal to prevent contact with the female animal in heat.

Excessive noise prohibited.

(1)

No person who owns, keeps, or has in his possession any animal of any kind whatsoever shall permit such animal to disturb the quiet of any person or neighborhood. Permitting an animal to disturb the quiet of any person or neighborhood, or failure to keep any animal from causing frequent or long continued noise, to the disturbance of the comfort or repose of any person or neighborhood, is declared to be a public nuisance and detrimental to the public health and welfare.

(2)

Any person disturbed by a noisy animal shall first advise the owner or custodian who keeps such animal of the fact that the animal, by causing frequent or long continued noise, is disturbing the complainant and the neighborhood.

(3)

No owner or custodian shall fail to abate a nuisance caused by the frequent, habitual or long continuing noise of an animal after having been notified in accordance with this section. If any person fails to abate such nuisance, a complaint with respect to such nuisance may be filed by any person with the County Animal Control Commission or with the animal control officer.

(4)

Any violation of this section shall be a municipal infraction.

Running at large prohibited.

(1)

Dogs, cats, other animal pets and domesticated animals shall be confined to the premises of their owners except when under the immediate and effective control of a responsible person. Animals kept outdoors on the premises of their owners shall be kept within a fenced enclosure of suitable design to prevent the animal from escaping or shall be placed under the restraint of a leash secured to a fixed object. All dogs upon public streets, sidewalks, public parks or other public areas shall be under the restraint of a leash or lead. Any animal that is not confined or restrained as hereinabove required shall be deemed to be running at large.

(2)

It shall be a municipal infraction for the owner or custodian of an animal to fail to confine or restrain the animal in accordance with the provisions of this section.

(3)

Any animal observed to be running at large within the City may be impounded.

(4)

In addition to or in lieu of impounding an animal running at large, an animal control officer or authorized person may issue a citation for municipal infraction to the owner or custodian of the animal when the owner or custodian is known or subsequently identified.

(5)

Any animal control officer, police officer or other agent authorized or empowered to perform any duty under this chapter may pursue any animal at large or running at large and may go upon any premises for impounding the animal at large or running at large. If the animal returns to the premises of its owner, the animal control officer or police officer may pursue the animal upon the unenclosed exterior premises of the owner. If the owner or custodian takes the animal within the enclosed portion of his or her premises, the animal control officer or police officer shall cease pursuit of the animal but notify the owner or custodian that the animal was in violation of the regulations and issue a citation for municipal infraction to the owner or custodian.

Confinement of animals in heat. When a female dog or cat is in estrus or in a condition commonly known as "in heat," its owner or custodian shall prevent its contact with another dog or cat or the attraction of dogs or cats to the premises in which the female dog or cat is kept. Every female cat or dog in heat shall be confined in a building or secure enclosure in such manner that the female dog or cat cannot come into contact with a male dog or cat, except for intentional breeding purposes. Any violation of this section shall be a municipal infraction.

Defecation; removal of excrement.

(1)

No person owning, keeping or having custody of an animal shall allow or permit excrement of such animal to:

(a)

Remain on private property without the consent of the owner or occupant thereof,

(b)

Remain on public property, parklands, sidewalks, public walks, recreation area, public streets or other public ways;

(c)

Remain in the front yard of any property of the owner of the animal; or

(d)

Accumulate on private property, rendering the property of the owner of the animal offensive or dangerous to public health.

(2)

Any person having custody or control of an animal which deposits excrement upon such public or private property shall cause the excrement to be removed immediately. Any violation of this section shall be a municipal infraction.

Liability for injury to or destruction of an animal at large. The City, its employees and agents shall not be held civilly liable for acts committed or omitted as a result of subduing or taking custody of any animal found to be at large or running at large; as a result of subduing, taking custody of any animal that is in the act of pursuing, attacking or wounding a human or another animal; or as a result of subduing, taking custody of any animal that has been determined by the County Animal Control Commission to be a dangerous, fierce or vicious animal.

Disposal of animal carcasses.

(1)

The owner or custodian of an animal may not deposit or leave such animal upon its death on public property or the property of another person. Upon the death of an animal, the owner or custodian of such dead animals shall promptly dispose of the dead animal by way of cremation, burial or other sanitary means.

(2)

In addition to other assigned duties, animal control officers shall collect all dead animals found on City-owned property or streets and shall dispose of such carcasses.

Keeping wild or exotic animals. Unless a license is first obtained from the county for the keeping or displaying of wild and exotic animals, no person shall keep or permit to be kept on his or her premises as a pet or for breeding or for display or exhibition purposes any wild or exotic, vicious or dangerous animals, any poisonous snake, poisonous reptile or other poisonous or venomous animal, or any skunk, raccoon, fox, bear, member of the cat family other than the domestic cat, or opossum. Any violation of this section shall be a misdemeanor.

Rabies control.

(1)

No person shall own or harbor a dog or cat over the age of four (4) months in the City without a valid rabies certificate as approved by the County Health Department.

(2)

A report of the circumstances of a person's being bitten by an animal shall be made promptly to the City or County Police Department by anyone having personal knowledge of the incident. The police shall within twenty-four (24) hours notify the County Administrator of Animal Control and the Health Officer of the details of the incident.

(3)

Any animal biting any person shall be confined in accordance with the regulations of the county and the state.

(4)

Any animal found to be rabid or suspected of having rabies shall be reported to the County Administrator of Animal Control and the Health Officer and shall be confined in accordance with county and state regulations.

(5)

When a quarantine is ordered for domesticated animals within any area of the City by the State Secretary of Agriculture, the State Public Health Veterinarian or the County Health Officer, no domesticated animal shall be taken from confinement or permitted in the streets or other public areas except in such manner as may be permitted under the quarantine regulations.

(6)

Any violation of this section shall be a municipal infraction subject to a fine of two hundred fifty dollars ($250).