[Amended 11-19-2019 by Ord. No. 37-19]
B.
Potentially dangerous. A potentially dangerous animal is one that
has:
(1)
Had an altercation with or attacked, without causing severe
injury, a human, domestic animal, or livestock; or
(2)
Chased or approached a person in attitude of attack while not
on the real property of the owner or custodian of the animal; or
(3)
Demonstrated behavior that is a threat to public health or safety;
or
(4)
Been determined to be potentially dangerous by another jurisdiction
or any other equivalent designation.
C.
Dangerous animals. A dangerous animal is one that has:
(1)
Been found to be a potentially dangerous animal and the owner
or custodian has not complied with one or more of the requirements
set forth herein or not complied within the time prescribed; or
(2)
Been found to be a potentially dangerous animal on more than
one occasion; or
(3)
Caused severe injury or death to a human, domestic animal, or
livestock; or
(4)
Been determined to be dangerous by another jurisdiction or any
other equivalent designation.
D.
The Animal Control Division shall notify the owner that his/her animal
has been designated as "dangerous" or "potentially dangerous." The
notice shall:
A.
Notwithstanding the foregoing, an animal shall not be found to be
potentially dangerous or dangerous if:
(1)
The threat, injury, or damage was sustained to a person or animal
who, at the time:
(2)
The threat, injury, or damage was sustained to an animal who,
at the time, was trespassing upon the premises or land of the animal
being considered; or
(3)
The animal was acting in an appropriate defense of others, including
protecting or defending its young, another animal, its owner or custodian;
or
(4)
The animal was responding to pain or injury; or
(5)
The animal is owned by a governmental or law enforcement agency.
A.
The owner or custodian of a potentially dangerous animal shall:
(1)
Upon declaration of the animal being deemed potentially dangerous,
either:
(a)
Not permit the animal to leave the owner's or custodian's
residence unless on a leash not exceeding six feet in length, and
under the care, custody, and control of a person not less than 18
years of age who must be capable of controlling the animal in all
instances, and never on a leash or device having a retractable lead;
or
(b)
Confine the animal as determined appropriate by Animal Control
Division to contain the animal upon the property of the owner or custodian;
(2)
Within 15 days of the declaration of the animal being potentially
dangerous:
(a)
Pay all costs, expenses, fines and fees associated with the
care of the animal, including, without limitation, all shelter and
impoundment fees. This includes fees due upon redemption of said animal
from the shelter facility;
(b)
Provide Calvert County Department of Public Safety, Animal Control
Division (hereinafter, "Animal Control") proof of licensure of the
animal;
(c)
Post and maintain on the premises where the potentially dangerous
animal is maintained clearly visible warning signs of the number,
size (not less than six inches by nine inches), lettering, and location
deemed necessary and appropriate by Animal Control that there is a
potentially dangerous animal on the property;
(d)
Have a microchip identification device implanted in the animal
containing owner or custodian identification information;
(e)
Provide Calvert County Animal Control information pertaining
to the microchip identification device; and
(f)
Obtain training from an approved trainer.
(3)
If the potentially dangerous animal declaration is appealed by the owner or custodian of the animal within 30 days of the declaration to the Animal Matters Hearing Board, the owner or custodian of a potentially dangerous animal shall comply with all above requirements with exception of Subsection A(2)(c) and (f) which will require compliance within 15 days of the Animal Matters Hearing Board's decision to uphold the potentially dangerous animal declaration.
B.
The owner or custodian of an animal declared dangerous shall:
(1)
Comply with all of the requirements imposed upon the owner or
custodian of a potentially dangerous animal, above, except that:
(a)
A dangerous animal leaving the owner's or custodian's
residence must be muzzled and restrained on a solid leash, not retractable
or with elastic properties (i.e., a bungee leash), not exceed three
feet in length, and be under the care, custody, and control of a person
not less than 18 years of age who must be capable of controlling the
animal in all instances;
(b)
Contain the dangerous animal within a perimeter fence or structure
of a size and type deemed necessary and appropriate by Animal Control,
which may include double entry gates such that both gates are never
open at the same time, and shall require that all passage openings
(i.e., gates) be locked so as to be secured against entry; and
(c)
Underground, electric, or wireless fencing shall be insufficient
to meet any fencing requirements;
(2)
Comply with all additional requirements imposed below:
(a)
Take all affirmative steps and measures, and comply with any
actions deemed necessary by the Animal Control to abate the dangerous
animal's threat to public health or safety;
(b)
At the time of the designation, and annually for the entire
life of the dangerous animal, provide Animal Control with written
evidence of a public liability insurance policy for $100,000 per single
incident that covers bodily injury to persons, the debts of any persons
and damage to property owned by any persons caused by the animal,
and immediately notify Animal Control if the policy is canceled, terminated,
or expired;
(c)
Post and maintain on the premises where the dangerous animal
is maintained clearly visible warning signs of the number, size (not
less than six inches by nine inches), lettering, and location deemed
necessary and appropriate by Animal Control that there is a dangerous
animal on the property;
(d)
Provide Animal Control proof of the dangerous animal having
been spayed or neutered within 45 days:
[1]
A brief extension may be granted by the Chief of Animal Control
upon request accompanied by an opinion of a Maryland-licensed veterinarian
that the procedure is not medically advisable for that dangerous animal
within the time prescribed; and
(e)
Animal Control shall conduct compliance inspections, at least
annually, at the address or property where the dangerous animal was
last reported to reside or be kept.
(3)
If the dangerous animal declaration is appealed by the owner or custodian of the animal within 30 days of the declaration to the Animal Matters Hearing Board, the owner or custodian of the dangerous animal shall continue compliance with all above requirements, with exception of Subsections A(2)(f), B(2)(c), and B(2)(d) which will require compliance upon the decision of the Animal Matters Hearing Board to uphold the dangerous animal declaration.
D.
Petition for removal of potentially dangerous designation.
(1)
The owner or custodian of a potentially dangerous animal may
petition the Animal Matters Hearing Board for the removal of the designation
of a potentially dangerous animal upon the following conditions:
(a)
The owner or custodian of the potentially dangerous animal and the potentially dangerous animal have not had any reported violations of Chapter 7 for not less than two years; and
(b)
The owner or custodian of a potentially dangerous animal demonstrates
to the Animal Matters Hearing Board that changes in circumstances
or measures taken by the owner or custodian, such as appropriate training
of the animal, have adequately mitigated the animal's risk to
public safety.
A.
The owner or custodian of a potentially dangerous or dangerous animal
shall immediately notify Animal Control, the Maryland State Police,
and the Calvert County Sheriff's Office if the animal:
A.
In the event that an Animal Control Officer has probable cause to
believe an animal declared potentially dangerous or dangerous animal
is being harbored or cared for in violation of this article, the Animal
Control Officer may file a petition in a court of appropriate jurisdiction
seeking the seizure and impoundment of the animal pending an adjudication
of the offense.
B.
In the event that an animal attacks a human being, animal, or livestock,
the animal shall be euthanized if, in the judgment of the District
Court judge, the animal represents a continuing threat of serious
harm to human beings, livestock, or animals.
A.
The owner or custodian of a potentially dangerous animal that does
not comply with the requirements set forth herein shall be fined:
First violation
|
$100/day
|
Second violation
|
$250/day
|
Third violation
|
$500/day
|
B.
The owner or custodian of a dangerous animal that does not comply
with the requirements set forth herein shall be fined:
First violation
|
$200/day
|
Second violation
|
$500/day
|
Third violation
|
$1,000/day
|
C.
All fines shall be payable to the Treasurer, Calvert County, Maryland
or other designee of the Board of County Commissioners of Calvert
County, Maryland.
D.
At any time after the first violation for failure to comply with
applicable requirements of a potentially dangerous animal or a dangerous
animal, Animal Control may petition a court of competent jurisdiction
to seize and humanely euthanize a potentially dangerous or dangerous
animal at the sole cost and expense of the owner or custodian.
This article does not apply to:
A.
Exhibitors licensed under the Federal Animal Welfare Act;
B.
A person who possesses a valid license or permit issued by the Department
of Natural Resources;
C.
A nonprofit 501(c)(3) animal sanctuary that operates a place of refuge
for abused, neglected, impounded, abandoned, orphaned or displaced
animals;
D.
A person who holds a valid license to practice veterinary medicine
in the state and is treating a seized or lawful animal in accordance
with this article; or
E.
As specified in § 10-621(2)(i) of the Annotated Code of
Maryland, a person who had lawful possession of a prohibited animal
on May 31, 2006, and provided written notification to the Animal Control
Division on or before August 1, 2006, may continue to possess that
animal.
A.
In addition to the provisions of § 10-621(b) of the Annotated
Code of Maryland, as may be amended from time to time, a person may
not possess or import into the County, offer for sale, trade, barter,
breed, or exchange a live:
(1)
Animal that has been trained to fight other animals;
(2)
Fox, skunk, raccoon, or bear;
(3)
Caiman, alligator, or crocodile;
(4)
Member of the cat family other than the domestic cat;
(5)
Hybrid of a member of the cat family and a domestic cat if the
hybrid weighs over 30 pounds;
(6)
Member of the dog family other than the domestic dog;
(7)
Hybrid of a member of the dog family and a domestic dog;
(8)
Nonhuman primate, including a lemur, monkey, chimpanzee, gorilla,
orangutan, marmoset, loris, or tamarin; or
(9)
Poisonous snake in the family groups of Hydrophidae, Elapidae,
Viperidae, or Crotolidae.
B.
Seizure and impoundment.
(1)
Animal Control Officers are authorized to immediately seize
and impound, at an appropriate shelter facility, any prohibited animal
or any animal trained to fight other animals.
(2)
If the Animal Control Division does not know or cannot reasonably
determine the owner of the impounded animal, the Animal Control Division
shall:
(a)
Humanely euthanize any animal that it reasonably believes has
been trained to fight other animals; or
(3)
If the owner of an impounded animal is known, and a court has
determined that the animal has been trained to fight other animals,
the animal shall be humanely euthanized.
C.
The owner of the prohibited animal shall be required to pay for all
expenses incurred for sheltering and, if required, euthanizing the
prohibited animal.
A violation of this section is a Class E violation.