[HISTORY: Adopted by the Mayor and Commissioners of the Town of Delmar, Maryland, 9-28-2008 by Ord. No. 708. Amendments noted where applicable.]
The following terms, whenever used herein, shall have the meaning assigned, unless a different meaning clearly appears from the context:
ANIMAL
Every nonhuman species of mammal.
ANIMAL CONTROL OFFICER
Any person designated as having the authority to enforce the laws of this chapter, including but not necessarily limited to a Code Enforcement Officer and Delmar police officer.
AT LARGE
Any animal upon the property of a person other than the owner or within the traveled portion of any public road and not leashed or, when used for hunting, not under the control of a responsible person and obedient to that person's command.
CARE OF ANIMAL
Providing an animal with:
A. 
Wholesome, nutritious food and water in sufficient quantities to maintain animals in good condition;
B. 
Proper air;
C. 
Adequately sized shelter, shade and protection from the weather;
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
D. 
Veterinary care, when needed to prevent suffering; and
E. 
Humane care and treatment.
COLLAR, CHAIN or PEN
The collar should be loose enough around the animal's neck to prevent injury. Chains must be positioned to prevent tangling. Chains must be long enough to allow the animal movement away from the bedding and feces areas. The chain should be strong enough to restrain the animal in relation to the animal's size. The pen should be sturdy enough to restrain the animal. The size of the pen should be determined by the size of the animal, allowing free movement.
CUSTODIAN or OWNER
Any person owning, keeping, harboring, acting as custodian of, or entrusted to safekeep an animal. A parent or guardian of a minor child who comes within this definition shall also be deemed the owner of the animal.
FOWL
Any chicken, duck or goose.
KENNEL
Any licensed business that shall house or safekeep animals on a temporary basis during an owner's absence.
LIVESTOCK
Those species of domestic animals that are primarily cared for and kept on a farm or other rural setting, including, but not limited to, chickens, ducks, geese, cows, sheep, goats, swine and other hoofed animals.
PERSON
Any person, corporation, partnership, association or joint venture.
PET SHOP
Any licensed business that shall have as its primary purpose the selling of animals and animal supplies to the public.
PUBLIC NUISANCE
A dog shall be deemed a public nuisance when it is a danger to any person or when it engages in activities which disturb the peace and quiet of any neighborhood, including but not limited to excessive barking, whining or howling, chasing vehicles, attacking other domestic animals or damaging property.
SANITARY LIVING CONDITIONS
Free from fecal buildup. An animal should be able to move around without making contact with any fecal buildup.
SUFFICIENT LIVING SPACE
The area within which the animal is chained or penned, maintained free of trash, junk or other materials so as to provide adequate room for the animal to move about in a safe and healthy manner.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
No person shall keep, raise, maintain, or have in his possession any live cows, goats, sheep, fowl or other livestock within the corporate limits of the Town, other than a licensed slaughterhouse.
A. 
No person shall overdrive, override, overload, torture, ill-treat, cruelly or unnecessarily beat, maim, mutilate or kill (not including veterinary euthanasia) any animal, whether belonging to himself or another, or permit such acts to be done by another, nor shall any person instigate, engage in or in any way further any act of cruelty to any animal. The above, as refers to the killing of animals, shall not apply to slaughterhouses or poultry processing plants.
B. 
No person shall fail to provide an animal under his control with:
(1) 
Sufficient quantities of food and water to maintain such animal in good condition.
(2) 
Sufficient air and ventilation to maintain such animal in good condition.
(3) 
Shelter space and protection from the weather.
(4) 
Veterinary care, when needed to prevent undue suffering.
(5) 
Sanitary living conditions.
(6) 
Sufficient living space.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
(7) 
A proper collar and/or chain and/or pen.
A. 
Unrestrained animals may be impounded by the police or Animal Control Officer and confined in a humane manner. Said officers may use whatever humane means necessary to capture such unrestrained animals and shall not be held liable for the death or injury of the same.
B. 
Impounded animals shall be kept for a minimum of 24 hours by the Animal Control Officer in Delmar. If the impounded animal is wearing a license or any other reasonable means of identification, the Animal Control Officer shall make reasonable attempts to notify the custodian. If the Animal Control Officer is unable to notify the custodian within the 24 hours, the animal shall be delivered to the Humane Society of Wicomico County to be impounded by them as required under the Wicomico County Code, as amended from time to time.
C. 
Redemption.
(1) 
An animal impounded by the Animal Control Officer for Delmar may be reclaimed by the custodian or a person entrusted by the custodian during the 24 hours the animal is being held in Delmar, but only after all impounding charges have been paid to the Town of Delmar at a rate set by the Town, from time to time, to cover the expenses related to:
(a) 
Impounding the animal.
(b) 
Boarding the animal.
(c) 
Giving notice to the custodian.
(2) 
Such fees shall be reasonable and shall not exceed $25.
(3) 
After the animal has been delivered to the care of the Humane Society of Wicomico County, all arrangements for reclaiming said animal shall be made through said Society and all charges shall be collected by and paid to the Humane Society.
D. 
In addition to, or in lieu of, impounding an animal found at large, the Animal Control Officer may issue to the known custodian of such animal a notice of violation of this chapter.
E. 
Any animal found in a critical condition from wounds, injuries or disease may, at the discretion of the Animal Control Officer, the Humane Society of Wicomico County staff or a licensed veterinarian, be euthanized. If the animal is suffering great pain, it may be euthanized immediately and the custodian, if known, notified as soon as possible thereafter. Neither the Humane Society of Wicomico County nor the Animal Control Officer shall be held liable for such an act.
F. 
The Animal Control Officer of Delmar shall keep complete and accurate records of the care and disposition of all animals impounded in the Town of Delmar.
G. 
Neither the Town of Delmar nor its employees shall be liable for injury or illness which occurs or is contracted while an animal is confined by the Town.
It shall be the custodian's responsibility to keep a dog that is in heat confined to a building or other secure enclosure in such a manner as to prevent the attraction of other animals. If the said dog, belonging to the same custodian, shall be impounded in heat for a second time within 12 months, such dog cannot be reclaimed by the custodian thereof until the animal be spayed by a veterinarian at the request of the Humane Society of Wicomico County and the custodian shall have paid for the costs associated with the spaying of such animal.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
Every dog six months of age and older must have assigned to it a current dog license issued by the Humane Society of Wicomico County. A tag, evidencing the issuance of a license, shall be affixed to a collar kept about the dog's neck.
Any vicious dog having bitten a person or other domestic animal may be impounded by the Animal Control Officer and held until such time as the custodian of said animal has submitted satisfactory evidence to the Animal Control Officer that adequate provisions have been made to protect the public from said animals.
All pet shops within the Town shall permit the Town's Animal Control Officer, upon reasonable notice, to inspect the premises. Said inspection shall be performed during normal business hours and shall have the purpose of assuring compliance with the provisions of this chapter, as well as county and state law.
[Amended at time of adoption of Code (see Ch. 15, General Provisions, Art. II)]
It shall be unlawful for any person to own, harbor or keep any dog, cat or ferret over the age of four months unless such dog, cat or ferret has been vaccinated against rabies. It shall be the responsibility of every dog, cat or ferret custodian to have all dogs, cats or ferrets over four months of age and owned by him to be continuously protected against contracting rabies.
The police or Animal Control Officer may direct that any animal which has bitten, scratched or attacked any person, or is suspected of having rabies, be confined for a ten-day observation period. Custodians of animals which are required to be confined may be authorized to quarantine their animals at home after the premises have been inspected by an Animal Control Officer. If the custodian's premises are found to be inadequate for home confinement, the animal will be confined at the Humane Society of Wicomico County at the custodian's expense. No person shall refuse to surrender any animal for quarantine when the demand is made by the Animal Control Officer. No person shall release from confinement any such animal or remove such animal from its place of confinement without the consent of the Animal Control Officer. The custodian of the quarantined animal shall have such animal vaccinated against rabies within 15 days after the confinement period.
All kennels within the Town shall permit the Town's Animal Control Officer, upon reasonable notice, to inspect the premises during normal business hours.[1]
[1]
Editor's Note: Original Sec. 19, Number of animals: permit required, which immediately followed, was repealed at time of adoption of Code (see Ch. 15, General Provisions, Art. II).
It is unlawful for any owner to allow his animal to become a public nuisance. Any animal shall be determined a public nuisance when it:
A. 
Engages in activities that disturb the peace of any neighborhood.
B. 
Damages any property other than its owner's.
C. 
Causes unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facility.
D. 
Is restrained in a manner which allows that animal to reach onto property that is not owned by the animal's owner.
E. 
Makes or causes noises audible within a building or adjacent property and of sufficient volume so as to disturb the quiet enjoyment of the occupants thereof.
A. 
Any person owning, possessing, harboring or having the care, charge, control or custody of any dog shall immediately remove and thereafter dispose of any fecal matter deposited by such dog on any public property or on private property without the consent of the owner or person in lawful possession of said property. For the purpose of this section, such dog fecal matter shall be immediately removed by placing said matter in a bag, wrapper or other container and thereafter disposing of it by depositing said matter in a trash receptacle.
B. 
No person owning, possessing, harboring, or having the care, charge, control or custody of any dog, cat or other animal shall knowingly permit any waste matter from the animal to collect and remain on the owner's or custodian's property, or the property of others, so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property or on the property of others.
C. 
This section shall not apply to a person who has a physical handicap which would prevent the person from complying with the requirements of this section.
Any violation of this chapter shall be punishable as a municipal infraction. A fine of $50 may be imposed for each violation of this chapter. A fine of $100 may be imposed for a second violation of this chapter. Each day a violation continues shall be deemed a separate municipal infraction.