[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:
ANIMAL CONTROL LIAISON
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.
BITE
A puncture or tear of the skin caused by the teeth of an animal.
COUNTY
Prince George's County, Maryland.
DANGEROUS ANIMAL
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.
PGCASD
Prince George's County Animal Services Division.
PROTOCOL OR STANDARD RESPONSE PROTOCOL
A tool developed by the City to guide appropriate responses in implementing and responding to the provisions contained within this chapter concerning animal control.
PUBLIC NUISANCE ANIMAL
Any animal which:
A. 
Engages in excessive barking, howling, or other noise;
B. 
Creates unsanitary conditions on public property;
C. 
Animals that are unleashed in public spaces, except as otherwise provided herein;
D. 
Gives offense to human senses; or
E. 
Substantially interferes with the rights of citizens, other than its owner, to enjoyment of life or property.
PUBLIC THREAT
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.
SERVICE ANIMAL
The meaning set forth in the Annotated Code of Maryland, Human Services Article, § 7-701(g), as amended from time to time.
SEVERE WEATHER
A weather condition which occurs in the following circumstances:
A. 
The effective outdoor wind chill index is 32° F. or lower, as determined by the National Weather Service;
B. 
The heat index is 90° F. or higher, as determined by the National Weather Service;
C. 
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.
TETHERING
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.
B. 
In the event of any violation of Subsection A, above, the violator will:
(1) 
Receive a written warning for the first violation; and
(2) 
Receive a citation for any subsequent violations, as set forth in Code § 52-12.
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.
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:
(1) 
Reporting information concerning violations of this chapter as set forth in § 52-17;
(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.