The Animal Control Commission for Queen Anne's County ("the
Commission") shall exercise such powers and perform such functions
as specifically provided in this chapter. Additionally, the Commission
shall advise the County Commissioners on all questions of general
policy relating to animal control in the County, and, when appropriate,
shall bring matters of public interest within its jurisdiction to
the attention of the County Administrator.
A.
Appointment.
The County Commissioners shall appoint seven individuals to serve
as members of the Commission. One nonvoting member shall be the Director
of Environmental Health or his/her designee, and one nonvoting member
shall be the Director of Emergency Services for Queen Anne's
County or his/her designee. The other members shall be voting members
of the general public.
B.
Terms.
The County Commissioners shall set the term of each member of the
Commission. Terms may be staggered, and all terms need not be of equal
duration.
C.
Compensation
and expenses. Compensation for services and reimbursement for expenses
of Commission members is at the discretion of the County Commissioners
in accordance with the current fiscal budget.
A.
Election.
At the first regular meeting of each calendar year, and at any time
during the year when a vacancy occurs, the Commission shall elect
a Chairperson, Vice Chairperson, and Secretary, each of whom will
serve until the first regular meeting of the following year or until
a successor is elected. Officers may be reelected, and there are no
term limits.
B.
Chairperson.
The members of the Commission shall designate one member to serve
as Chairperson, subject to the approval of the County Commissioners
of Queen Anne's County.
C.
Vice
Chairperson. The members of the Commission shall also designate one
member to serve as Vice Chairperson.
D.
Secretary.
The Commission may appoint an individual other than a Commission member
to serve as a nonvoting, recording secretary.
A.
Meetings,
in general. The Commission shall meet at the call of the Chairperson
or on the request of two voting members.
B.
Quorum.
A quorum shall consist of three voting members.
C.
Missed
meetings. The Chairperson shall notify the County Commissioners if
a member of the Commission misses three regularly scheduled meetings
during a calendar year.
D.
Office
facilities and supplies. The County Commissioners may provide the
Commission with office space, supplies, and equipment as may be required
by the Commission in accordance with the current fiscal budget.
A.
Legislative
recommendations. The Commission shall recommend to the County Commissioners
changes in this chapter, as the Commission may deem appropriate.
B.
Regulations.
The Commission shall develop and periodically update a comprehensive
set of regulations to implement, administer, and enforce the provisions
and purpose of this chapter, which shall have the force and effect
of law.
C.
Fees
and fines.
(1)
The Commission shall establish and adopt a schedule of fees to be
imposed under this chapter for County dog, cat, and ferret animal
registration and licensing of commercial animal establishments.
(2)
The Animal Services Center shall establish and publish a schedule
of fees for all services provided by it, including but not limited
to fees for transfer, reapplication, redemption, adoption, board,
and other fees or charges authorized or required by this chapter.
(3)
The Commission shall establish and adopt a schedule of pre-set fines
which shall be imposed for violations of this chapter.
(4)
Fees and preset fines established under this chapter may be evaluated
and adjusted as necessary by the Commission and the Animal Services
Center.
A.
In
general.
(1)
On a written complaint of a citizen, the Commission may conduct a
public hearing to determine whether a violation of this chapter has
occurred. The Commission may set conditions to correct the violation
and order the violator to abide by those conditions within a prescribed
time limit. The Commission may provide for any disposition of any
animal, including euthanasia, as provided in this chapter.
(2)
The Commission may conduct hearings on whether an animal shall be
deemed a dangerous animal under the provisions of this chapter. On
finding that an animal is dangerous, the Commission may set any reasonable
conditions or restrictions on release of the animal or order the animal
euthanized.
(3)
At the request of an Animal Control Officer or a member of the Commission,
the Commission may conduct a public hearing to determine whether a
person has complied with an order of the Commission. If the Commission
determines that the respondent has not complied with an order of the
Commission, the Commission may impose a fine or other appropriate
remedy, as provided in this chapter.
(4)
It shall be unlawful for any person to fail to comply with a decision,
order, or directive of the Commission.
B.
Notice. Except in the case of a dangerous animal hearing under § 9-20 of this chapter:
(1)
The Commission shall give written notice to the respondent of a complaint
by either personal delivery or certified mail, restricted delivery,
return receipt requested. The notice shall be mailed to the respondent
at least 10 days prior to the public hearing regarding the alleged
violation. The notice shall contain the nature of the complaint and
the time, date, and place of the hearing.
(2)
The Commission shall notify the complainant, by first class mail,
of the time, date, and place of the hearing.
C.
Right
to counsel. A person shall have the right to retain their own counsel
at their own cost for any matter before the Commission.
D.
Subpoena
power. The Commission may issue a subpoena for the attendance of a
witness or the production of documents at a Commission hearing.
G.
Costs.
Any costs incurred by the respondent in order to comply with the Commission's
rulings are the sole responsibility of the respondent.
H.
Reconsideration,
and judicial review.
(1)
Reconsideration. Reconsideration of a decision may be made by request
filed with the Commission by the complainant, respondent, or by the
Commission on its own motion within 10 days of the decision.
(2)
Judicial review. Any appeal must be noted to the Circuit Court for
Queen Anne's County within 30 days of the date of the decision
in accordance with the Maryland Rules of Procedure.
A.
Animal
Control Office.
(1)
The Animal Control Office is hereby established.
(2)
The Animal Control Office should be placed within the authority of
a County department at the direction of the County Commissioners.
(3)
The Director of the department may designate an individual or individuals
to fulfill any and all requirements to manage the Animal Control Office
under this chapter.
B.
The
Manager is the Chief Animal Control Officer charged with the following
duties:
(1)
Advisor. The Manager shall serve as a nonvoting member of, and advisor
to, the Animal Control Commission;
(2)
Operational responsibility. The Manager has operational responsibility
for carrying out duties prescribed in this chapter and enforcing its
provisions, as well as regulations duly promulgated by the Commission,
including (but not necessarily limited to) provisions concerning public
safety, public nuisances, cruelty to animals, and minimum standards
for animal care;
(3)
Patrols; complaint investigations. The Manager shall implement a
program of patrols and response to citizen complaints for the purpose
of enforcing this chapter and Maryland State Law regarding animal
control;
(4)
Emergencies. The Manager shall provide a twenty-four-hour, seven-day-a-week
animal emergency service to respond to any complaint concerning matters
deemed an emergency by the Manager;
(5)
Inspection of animal establishments. The Manager shall implement
a program of inspections of all animal establishments required to
have a license under this chapter.
(6)
Recordkeeping. The Manager or the Manager's designee is responsible
for maintaining accurate records of licenses, impoundments, dispositions,
animal bites, and all enforcement actions taken by Animal Control
Officers.
(7)
Public information. The Manager shall make available to the general
public information concerning the enforcement of this chapter as it
pertains to animal control.
A.
Authority, in general. Animal Control Officers employed by the County
Commissioners are authorized to exercise the authority necessary to
enforce the provisions of this chapter and Maryland State Law relating
to animal control.
B.
Seizure/impoundment. Animal Control Officers may humanely seize/impound an observed animal whose owner or custodian is in violation of this chapter and/or provisions of the Maryland Annotated Code relating to animal control, including impoundment/seizure from private or public property in accordance with Subsection J of this section; or
C.
Notice. An Animal Control Officer shall, in coordination with Animal
Services Center, make a prompt and reasonable effort to locate and
notify the owner or custodian of a seized or impounded animal.
D.
Citations. An Animal Control Officer may issue a citation to the
owner or custodian of an animal when the animal is observed in violation
of this chapter.
E.
Emergency assistance.
(1)
An Animal Control Officer shall promptly respond to administer emergency
assistance, first aid, or qualified medical assistance to an injured
or diseased stray animal that comes into the custody of the County
without the consent of the owner or custodian of the animal.
(2)
In carrying out Subsection E(1) of this section, the Animal Control Officer administering assistance, Queen Anne's County, or any of its employees or agents, may not be held liable for acts committed or omitted while rendering assistance, unless the act or omission constitutes gross negligence or malice.
F.
Animal bite investigations. An Animal Control Officer may conduct
investigations according to Office policy or assist the Department
of Environmental Health in the investigation of animal bites concerning
potential rabies exposures.
H.
Inspection of commercial animal establishments. An Animal Control
Officer shall conduct prelicensing and/or renewal inspections and
may conduct random, unannounced inspections of commercial animal establishments
as provided in this chapter or regulations adopted pursuant to this
chapter.
I.
Enforcement actions.
(1)
If the owner or custodian of an animal is in violation of any requirements
that the Commission establishes, an Animal Control Officer may order
the violation immediately corrected and cite the owner or custodian
for the violation.
(2)
Subject to Subsection I(3) of this section, an Animal Control Officer may initiate a complaint or other form of enforcement of this chapter or Maryland State Law.
(3)
Before an Animal Control Officer files a complaint in a court of
competent jurisdiction or before the Commission, the Animal Control
Officer shall have probable cause to believe that a violation of this
chapter or Maryland State Law has taken place.
J.
Access to private property. An Animal Control Officer may enter upon
private property to verify compliance with orders of the Animal Control
Commission and/or to investigate any observed or reported violations
of this chapter and/or Maryland State Law. This access is limited
to unenclosed places and structures which are open and the interior
of which is readily visible to the Animal Control Officer.
A.
An Animal Services Center may be operated by the County Commissioners
of Queen Anne's County or by a qualified organization operating
under and in accordance with the terms of a contract with the County
Commissioners.
B.
Scope of duties.
(1)
(2)
Return of identified animals. The Animal Services Center shall ascertain
the identity of the owner of an impounded animal and, as a precondition
of release, may require the payment of all charges for the care, board,
veterinary treatment, and any unpaid registration and/or microchip
fees from the animal's owner or custodian.
(3)
Animal adoption. The Animal Services Center shall place for adoption
unredeemed or unwanted animals in accordance with the regulations
established under this chapter and Maryland State Law.
(4)
Humane treatment. The Animal Services Center shall provide humane
treatment for all animals under its care.
(5)
Standards of care. The Animal Services Center shall maintain and
adhere to comprehensive procedures, as provided in regulations duly
promulgated by the Commission, prescribing standards for the humane
operation of the center, including standards for the housing, feeding,
care, veterinary treatment, adoption, quarantine, and euthanasia of
animals in the facility pursuant to this chapter and Maryland State
Law.
(6)
Veterinary care.
(a)
The Animal Services Center shall provide for necessary and appropriate
veterinary care of animals in the custody of the Animal Services Center.
(b)
Veterinary care of animals may be rendered without the consent
of the owner or custodian.
(c)
Animals that have a confirmed disease which may cause death
or serious illness to other animals confined at the Center may be
immediately euthanized.
(d)
Animal Control Officers and the Animal Services Center staff
and its agents are not liable for acts committed or omitted in rendering
care under this subsection.
(7)
Posting of fees. The Animal Services Center shall post, in a conspicuous
place, a schedule of fees for the housing, care, treatment, adoption,
and redemption of animals that are in the custody of the Center.
(8)
Records.
(a)
The Animal Services Center shall keep records of impoundments,
veterinary treatment, disposition of animals, and other activities
for a period of three years after such records are initiated.
(b)
Animal records shall be complete and accurate as to the breed,
sex, color, condition, how, when, and where the animal was obtained,
and any identification the animal may have been wearing.
(9)
Unwanted animals. The Animal Services Center may humanely euthanize
unredeemed and unwanted animals in accordance with the provisions
of this chapter and Maryland State Law.
