[HISTORY: Adopted by the Mayor and City Council of the
City of Hyattsville 12-1-1969 and 11-19-1973; amended in its entirety 12-5-2022 by Ord. No. 2022-05. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms have the meanings
indicated:
The City of Hyattsville representative responsible for collaborating
with various City departments and communicating with Prince George's
County agencies responsible for animal incidents that occur within
the City's municipal boundaries. The liaison will have general
knowledge of applicable laws, regulations, and County procedures and
serve as the City point of contact to assist residents with obtaining
information and follow-up when additional support is needed from the
responsible agencies.
A puncture or tear of the skin caused by the teeth of an
animal.
Prince George's County, Maryland.
A designation given by Prince George's County Animal
Services Division for animals who have a history of aggressive behavior.
"Dangerous animals" have restrictions placed upon them by the County,
which may include a confinement order.
Prince George's County Animal Services Division.
A tool developed by the City to guide appropriate responses
in implementing and responding to the provisions contained within
this chapter concerning animal control.
Any animal which:
Engages in excessive barking, howling, or other noise;
Creates unsanitary conditions on public property;
Animals that are unleashed in public spaces, except as otherwise
provided herein;
Gives offense to human senses; or
Substantially interferes with the rights of citizens, other
than its owner, to enjoyment of life or property.
Any situation in which any animal, without provocation, inflicts
injury on humans or domesticated animals, threatens to inflict injury
on humans or domesticated animals, or any situation involving a "dangerous
animal" or a "potentially dangerous animal" as defined under County
Code § 3-101.
The meaning set forth in the Annotated Code of Maryland,
Human Services Article, § 7-701(g), as amended from time
to time.
A weather condition which occurs in the following circumstances:
The effective outdoor wind chill index is 32° F. or lower,
as determined by the National Weather Service;
The heat index is 90° F. or higher, as determined by the
National Weather Service;
During the effective period for a severe weather warning issued
for the area by the National Weather Service, including a hurricane
warning, tropical storm warning, severe thunderstorm warning, or tornado
warning.
Attaching a dog to a stationary object or pulley run by means
of a chain, rope, tether, cable, or similar restraint. Tethering does
not include the use of a leash to walk a dog.
Dogs, cats and other animal pets shall be confined at all times
to the premises of their owners, except when under the immediate and
effective control of a responsible person, specifically on a leash
not to exceed six feet in length.
A.
An unattended dog may not be tethered longer than one consecutive
hour in a twenty-four-hour period.
A.
Pet owners, or those tasked with the responsibility or care of an
animal, shall provide effective care and control of their animals
to prevent them from becoming a public nuisance animal.
B.
Any violation of the following provisions shall constitute a public
nuisance animal violation:
(1)
No person tasked with responsibility or care of an animal shall permit
said animal to engage in excessive barking, howling, or making of
other noises.
(2)
No person tasked with responsibility or care of an animal shall allow
or permit excrement of such animal to remain on public property, including
streets or private property, without the consent of the owner or occupant
thereof. The person owning, keeping or having custody of the animal
shall immediately remove and properly dispose of the excrement deposited
by the animal.
(3)
No person, tasked with responsibility or care of an animal, shall
allow an animal to be unleashed in public spaces, except dogs in designated
off-leash dog parks, to trespass on private property.
(4)
The provisions of Subsection B(2) and (3), above, shall not apply to service animals. In public spaces, service animals shall be under the control of the person tasked with responsibility or care of the service animal by means of a harness, leash, or other similar device, unless: (i) the person tasked with responsibility or care of the service animal is unable, because of a disability to use a harness, leash, or other similar device; or (ii) the use of a harness, leash, or other similar device would interfere with the service animal's safe, effective performance of work or tasks. In those situations, the service animal must be otherwise under the control of the person tasked with responsibility or care of the service animal by means of voice control, signals, or other effective means.
C.
An animal control violation shall be deemed a "public threat" if
it harms or threatens to harm humans or other domesticated animals.
Pet owners, or those responsible for a pet and/or its care, shall
provide effective care and control for animals in their custody to
prevent them from becoming a public threat.
D.
Depending upon the severity of a violation, there are two categories
of public threat infractions:
(1)
Public threat category 1: No person tasked with responsibility or
care of an animal shall allow an animal, without provocation, to engage
in threatening and menacing behaviors, such as charging and snapping
at humans or other domesticated animals. This does not include animals
that are within fenced in yards or animals that are on a leash. Any
such violation shall constitute a public threat category 1 violation.
(2)
Public threat category 2: No person, tasked with responsibility or
care of an animal, shall allow an animal, without provocation, to
inflict injury on a human on private or public property or allow such
an animal to attack, bite, or kill another domesticated animal. Any
such violation shall constitute a public threat category 2 violation.
E.
The provisions of this section shall not apply to any dog deployed
or owned by a governmental agency that is trained to perform official
police, correctional and/or search and rescue services.
The owner of any female dog or cat shall confine said dog or
cat in heat within a building or secure enclosed kennel with a top
in such a manner that such female dog or cat cannot come in contact
with another animal except for planned breeding within the building
or enclosure.
It shall be a violation of this chapter for the owner of any
domestic or kept animal to fail to provide said animal with sufficient
good and wholesome food and water, clean and sanitary surroundings
and shelter and protection from the weather, veterinary care when
needed to prevent suffering or the transmission of communicable disease,
humane care and treatment, and it shall be a violation to abandon
an animal, to beat, ill-treat, torment, overload, overwork or otherwise
abuse any animal or cause or permit any animal to fight or become
engaged in combat between animals or between animals and humans.
The City shall rely on Prince George's County Animal Services
Division (PGCASD) for the primary enforcement of animal control regulations.
The Animal Control Liaison may follow up with PGCASD on animal control
enforcement concerns and maintain communication with PGCASD to help
direct residents for animal-control related services.
A domestic pet found at large without a license tag shall, except
as provided in this chapter, be impounded by the Animal Control Warden
or other agent empowered to enforce this Code and taken to the animal
control shelter.
Upon impounding an animal, the Animal Control Warden or other
agent empowered to enforce this Code shall cause a prompt and reasonable
effort to be made to locate and notify the animal's owner.
It is prohibited to trap, poison, shoot or otherwise kill any
animal, unless trapping in a humanitarian trap for the purposes of
spaying, neutering, or improving the condition of a wild, homeless
or injured animal.
A.
Violations of this chapter shall be punishable as a municipal infraction as provided in Chapter 20 of this Code.
B.
In the case of a verified cruelty or neglect charge, as pertains to § 52-7, the fine for the first violation shall be $250 and the fine for the second and subsequent violations will be $500.
C.
For public nuisance animal violations, the City shall issue a warning
to the violator for a first-time violation. For any subsequent violations,
the City may issue a citation to the violator. The fine for a first
citation shall be $100 and the fine for the second and subsequent
citations occurring on any day after the date of the first violation
will be $200.
D.
For public threat category 1 violations, the City shall issue a warning
to the violator for a first-time violation. For any subsequent violations,
the City may issue a citation to the violator. The fine for a first
citation shall be $250 and the fine for the second and subsequent
violations occurring on any day after the date of the first citation
will be $500.
E.
For public threat category 2 violations, the City may issue a citation
to the violator. The fine for a first citation shall be $500 and the
fine for the second and subsequent citation occurring on any day after
the date of the first violation will be $1,000.
In the event that a public threat category 2 violation occurs,
the City shall issue a public safety alert within 24 hours after the
occurrence, in which the City shall inform City residents of the incident
and the block where the animal resides and where the incident took
place. Addresses of specific properties will not be used in such public
safety alerts, and the City shall issue follow-up public safety alerts
to keep citizens informed, as the situation requires.
Keeping livestock, domestic fowl and/or wild exotic rare animals
is prohibited with in the City. This includes but is not limited to:
cattle, horses, swine, sheep, pigs, goats, turkeys, roosters and other
poultry and game birds, or wild exotic cats, monkeys, venomous snakes
and any endangered species.
A.
Should the City Administrator designate an Animal Control Liaison,
the position, will be responsible for the following:
(2)
Coordinating between the various City departments which respond to,
address, or receive complaints of violations under this chapter;
(3)
Corresponding with the county when complaints or incidents involving
animals within the City's municipal boundaries require follow-up;
and
(4)
Coordinating emergency and routine communication with the public
regarding public nuisance or public threat incidents or violations
under this chapter.
A.
Code conformity. The City will conduct a review of the Hyattsville
Police General Orders related to animal control to ensure that said
general orders mirror this chapter, as amended.
B.
Standard response protocol. The City shall develop a standard response
protocol to inform appropriate responses by the City. Said protocol
will include requirements to provide reports to the County, issue
written warnings or citations, log and track data for annual reporting,
and to post information concerning incidents in the police log.
A.
City data. The City shall record all reported public threat violations
and written warnings occurring within the municipal boundaries of
the City in a prompt and timely manner, and report this information
as follows:
(1)
Within five business days from when a violation is reported to the
City, the City's Animal Control Liaison shall report public threat
violations and all cruelty or neglect violations to the PGCASD.
(2)
On a quarterly basis, the City's Animal Control Liaison will
make this information available to the public via the City's
communication channels.
B.
Annual report. On an annual basis, the City's Animal Control
Liaison shall prepare a report to include the animal control data
outlined below from the City's prior fiscal year. This report
shall be made available to the Mayor and City Council, as well as
City residents. The annual report should include, but not be limited
to, the following information:
(1)
All reported public nuisance incidents (i.e., at-large dog incidents)
and all public threat incidents that occur within the City's
municipal boundaries.
(2)
All actions taken in response to reported violations, including citations,
animals reported by the City to PGCASD based on public threat violations,
an inventory of dogs identified as "dangerous" by the county, and
any animals under quarantine or confinement orders by the county within
the municipal boundaries of the City.
(3)
All public threat category 2 public safety alerts that are issued
by the City, based on events occurring within the City's municipal
boundaries.
(4)
The contact information of the City's Animal Control Liaison.
