The "Animal Control Officer" shall mean the Chief of Police or his or her designee for the purpose of enforcing the provisions of this chapter.
[HISTORY: Adopted by the Mayor and Town Council of the Town of Colmar Manor as Art. 2 of the Town Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any and all types of animals, both domesticated and wild, male and female, except human.
An animal not under restraint and off the premises of the owner.
Any facility designated by the Mayor and Town Council for the detention of animals in violation of this chapter.
Any member of the canine species, both male and female.
Dog secured by a leash or lead not to exceed six feet in length and under the control of a responsible person, or within the confines of a vehicle, or within the real property limits of its owner.
Any person owning keeping, harboring, or acting as temporary or permanent custodian of an animal. The parent(s) or guardian(s) of a minor shall be deemed to be the owner of an animal owned or in the possession or control of the minor child for purposes of this chapter and shall be liable for all damages caused by the animal.
It shall be unlawful for any owner, possessor, keeper, or harborer of any dog to permit said dog to be upon the public streets, sidewalks, roadways, alleys, or any other person's property when not restrained by a leash or lead, not to exceed six feet in length, and under the control of a person competent and able to control said dog.
Every female animal in heat shall be kept confined in a building or secure enclosure by the owner in such a manner that she will not be in contact (except for intentional breeding) with another animal or create a nuisance by attracting other animals.
A.
Public nuisance animal shall mean any animal which unreasonably 1) annoys humans; 2) endangers the life or health of other animals or persons; or 3) gives offense to human senses, or which substantially interferes with the rights of the citizens, other than its owner, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to any animal which:
(1)
Is repeatedly found at large (two or more times within a six-month period);
(2)
Damages the property of anyone other than its owner;
(3)
Causes fouling of the air by odors thereby causing unreasonable annoyance or discomfort to neighbors or others in close proximity to the property where the animal is kept or harbored;
(4)
Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
(5)
By virtue of the number or types of animals maintained, is dangerous or offensive to public health, safety, or welfare;
(6)
Excessively makes disturbing noises (including, but not limited to, continued and repeated barking, yelping, or howling, whining, or other utterances) causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the property where the animal is kept or harbored;
(7)
Molests or intimidates pedestrians or passersby;
(8)
Chases vehicles; or
(9)
Attacks other domestic animals.
B.
"Public nuisance condition" shall mean an unsanitary, dangerous, or offensive condition occurring on any property in the Town caused by the size, number or types of animals maintained, kept or harbored, or due to the inadequacies of the care or treatment of any animals. A public nuisance condition shall be deemed to exist on any property where an animal is maintained, kept, or harbored under conditions which constitute cruelty to such animal, or where the animal maintained, kept, or harbored is a public nuisance animal.
C.
No person shall keep or maintain any animal in the Town in such manner as to cause or permit the animal to be a public nuisance animal or to cause or permit the animal to cause a public nuisance condition.
A.
No owner or custodian of an animal shall fail to abate a public nuisance condition caused by any animal owned by him or her or under his or her control or any other violation of this chapter after having received a violation notice or municipal infraction citation from the Animal Control Officer.
B.
In addition to any other remedy provided by this chapter or applicable law, if the Animal Control Officer issues a violation notice or municipal infraction citation for a public nuisance condition or other violation of this chapter, the Animal Control Officer may place the property where the animal is kept on a probation status for up to a one-year period. The owner or custodian of the animal shall be issued a written notice advising of the probation status of the property and the penalties for a second violation within a one-year period.
(1)
If a second violation notice or municipal infraction citation is issued in the one year probation period, then the Chief of Police may require that the number of animals on the property be reduced to a specific number, may impose conditions on the keeping of that particular animal or may prohibit the keeping of animals on the property if it is deemed necessary in order to protect public health or safety, to prevent danger to any person or property, or to prevent further violations of this chapter.
(2)
Failure to comply with a notice or condition of probation status issued under this section shall be a violation of this chapter and subject to the penalties specified herein.
(3)
A notice of probation status or probation condition may be appealed to the Mayor and Town Council as provided herein. The filing of an appeal shall not stay the enforcement or imposition of the notice of probation status or any condition of the probation status.
Any animal found running at large within the Town may be impounded and taken to an a animal control facility designated by the Mayor and Town Council. The Animal Control Officer or any Town police officer is authorized to enter upon any premises and seize for impounding any animal which the officer may legally seize when the officer is in immediate pursuit of such animal, except upon the premises of the owner of the animal if the owner is present and forbids the entry of the officer. In such a case, a notice of violation shall be issued or a warrant obtained according to law at the request of the officer.
No person shall willfully prevent or obstruct the impounding of any animal in violation of any provision of this chapter.
It shall be unlawful for any dog, cat or ferret which is four months of age or older to be kept, owned, or harbored within the Town, unless that dog, cat, or ferret has a current license as required by Prince George's County. The license tag shall be securely fastened to each dog's collar or harness. Any dog not wearing a license tag of the current year or issue shall prima facie be deemed to be unlicensed.
A.
Any person who is required under Prince George's County law to obtain an animal hobby permit for the keeping of five or more animals larger than a guinea pig or over the age of four months shall also obtain an animal hobby permit from the Town.
B.
Application for a Town animal hobby permit shall be made to the Chief of Police or his/her designee on forms prescribed by the Town. A Town animal hobby permit shall be issued upon proof that a valid Prince George's County animal hobby permit has been issued and is in force; provided, however, that the Chief of Police or his/her designee may refuse to issue a Town animal hobby permit or may suspend or revoke a permit if the owner fails to comply with any of the provisions of this chapter or with all applicable federal, state, county and Town animal control laws and regulations.
C.
The annual fee shall be set from time to time by the Mayor and Town Council, and the Town animal hobby permit shall be valid for one year from the date of issue. The Town animal hobby permit shall be issued for the address and owner listed on the application and shall not be transferable to any other address or owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
The decision of the Chief of Police not to issue or to suspend or revoke a Town animal hobby permit may be appealed to the Mayor and Town Council within 15 days after the Chief of Police's decision. The appeal procedure shall be as set forth in this chapter except that:
No animal suffering from mange, eczema, ringworm, hepatitis, or any other contagious disease shall be permitted off the premises of the owner within the Town, except as may be required for treatment of the animal by a licensed veterinarian.
No person shall own or harbor any dog or cat over the age of four months within the Town without a valid rabies vaccination.
A.
No person owning, keeping, or having custody of a dog or cat, except a Seeing Eye dog, shall allow or permit excrement of such animal to:
(1)
Remain on private property without the consent of the owner or occupant thereof;
(2)
Accumulate, rendering the property of the owner offensive or dangerous to public health; or
(3)
Remain on public property, including any parkland, streetscape, public street, sidewalk, roadway, or alley in the Town.
B.
The person owning, keeping, or having custody of the animal shall immediately remove the excrement deposited by the animal.
Any person who subdues or takes custody of or destroys any animal shall not be liable for any damages if the animal is found to be at large or running at large at the time of the destruction and is in the act of pursuing, attacking, or wounding a human or another animal.
A report of circumstances of a person being bitten by an animal shall be made promptly to the Town Police Department by anyone having personal knowledge of the incident. The police officer, within 24 hours, shall notify the Animal Control Officer of the details of the incident.
It shall be a violation of this chapter for the owner or custodian of any animal to fail to provide sufficient food, 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, and humane care and treatment. It shall also be a violation to beat, ill-treat, torment, physically abuse or abandon an animal .
[Amended 3-3-2009 by Ord. No. O-2-2009]
Violation of this chapter shall be declared a municipal infraction. The penalty for violation shall be a fine of $100 for each offense.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
The decision of the Code Enforcement Officer to deny, suspend, or revoke an animal hobby permit may be appealed by the applicant or permittee to the Town Council.
B.
The applicant or permittee must give written notice of its appeal to the Town Council within 30 days from the date of the written notice of the decision to deny, suspend, or revoke the permit.
C.
The filing of an appeal shall not negate the effectiveness of the Code Enforcement Officer's decision unless and until the Code Enforcement Officer's disposition is reversed on appeal.
D.
An appeal of a decision to suspend or deny the renewal of or to revoke a permit shall suspend the operation of that decision.
E.
The Town Council shall conduct a public hearing. In appeals from a denial of a permit, the applicant shall have the burden of proof to establish his entitlement to a permit. In an appeal from the suspension, revocation, or denial of renewal of a permit, the Code Enforcement Officer shall have the burden of proof to establish by preponderance of the evidence that the suspension, revocation, or denial of renewal was correct. The Town Council shall decide only whether the action of the Code Enforcement Officer was supported by substantial evidence. The applicant or permittee shall have the opportunity to present evidence, to cross-examine witnesses for the Code Enforcement Officer, and may be represented by an attorney at any hearing. Failure on the part of the applicant or the permittee to appear for the hearing shall be deemed a waiver of the right to a hearing.