In general. A person may not:
A.
Fail to comply with a lawful order or direction of the Commission;
B.
Fail to comply with a lawful order or direction of an Animal Control
Officer; or
C.
Interfere (use physical force, verbally misdirect, file a false report,
or fail to give appropriate information) with an Animal Control Officer
performing the duties as prescribed in this chapter or Maryland State
Law.
A.
Devices.
(1)
Each leg trap, foot-hold trap, snare, conibear trap, and other similar
catching devices used in Queen Anne's County shall be identified
with the owner or trapper's name. This identification shall be
attached to the trap or device, by tag, label, or otherwise and combined
with a trapping license number, or active phone number, affixed such
that the owner or trapper can be readily identified and contacted.
Failure to comply with this regulation shall result in seizure of
the device and may be subject to the preset fine that is set forth
in the schedule of fines published by the Commission.
(2)
Any trapping device (as referenced in Subsection A above) which entraps a domestic animal, prohibited species, or any animal not permitted to be trapped shall be subject to seizure of the device and may result in the imposition of the preset fine that is set forth in the schedule of fines by the Commission. Nothing herein shall be construed to limit any damages arising from wrongful damage to a domestic animal or property.
(3)
Any trapping device (referenced in Subsection A above) set or deployed in such fashion as to recklessly endanger a domestic animal, prohibited species, or other unintended wildlife, shall be subject to seizure of the device, and imposition of the preset fine that is set forth in the schedule of fines by the Commission.
(4)
Nothing in this section shall be construed to apply to "Have-a-Heart,"
live or box-style traps.
B.
Trap-neuter-return.
(1)
Trap-neuter-return shall be permitted to be practiced by community
cat caregivers, organizations, and Animal Control Officers, in compliance
with any applicable federal or state law. Animal Services or its designee
and any contracted rescue organizations shall prioritize trap-neuter-return
as the preferred disposition for impounded community cats.
(2)
As a part of trap-neuter-return, spay or neuter and vaccination for
rabies shall take place under the supervision of a licensed veterinarian.
(3)
Community cat caregivers are empowered to reclaim impounded community
cats without proof of ownership and without paying any fees and/or
charges solely for the purpose of carrying out trap-neuter-return
and/or returning eartipped community cats to their original locations.
(4)
A community cat caregiver who returns a community cat to its original
location while conducting trap-neuter-return is not deemed to have
abandoned the cat.
A.
Prohibited. Animal fighting paraphernalia is prohibited.
(1)
Definition. "Animal fighting paraphernalia" means any equipment,
product, drug, or other substance or material of any kind that is
used or intended or designed for use in the training, preparation,
conditioning, or breeding for, in conducting, or otherwise in furtherance
of an animal fight.
(2)
Inclusions. "Animal fighting paraphernalia" includes:
(a)
A breaking stick or similar device that is designed for insertion
behind the molars of a dog for the purpose of breaking the dog's
grip on another animal or object;
(b)
A cat mill or similar device that rotates around a central support
with one arm designed to secure a dog and one arm designed to secure
a cat, rabbit, or other small animal beyond the grasp of the dog;
(c)
A treadmill or similar device that is designed for animal exercise
consisting of an endless belt on which an animal walks or runs without
changing places;
(d)
A springpole or similar device with a biting surface attached
to a stretchable device, suspended at a height sufficient to prevent
an animal from reaching the biting surface while touching the ground;
(e)
A fighting pit, walled area, or otherwise confined area that
is used to contain an animal fight;
(f)
Any other instrument or device that is commonly used in the
training, preparation, conditioning, or breeding for, in conducting,
or otherwise in furtherance of an animal fight.
B.
Prohibited conduct; animal fighting paraphernalia.
(1)
In general. No person may possess, sell, transfer, or manufacture
any item of animal fighting paraphernalia with the intent to engage
in or otherwise promote or facilitate an animal fight.
(2)
Relevant factors. To determine whether an object is an item of animal
fighting paraphernalia, the court may consider, among other logically
relevant factors, the following:
(a)
Any statement by an owner or a person in control of the object
concerning its use;
(b)
Any prior conviction of an owner or a person in control of the
object under a local, state, or federal law relating to animal cruelty
or animal fighting;
(c)
The proximity of the object, in time and space, to an animal
fighting venue;
(d)
Direct or circumstantial evidence of the intent of an owner
or a person in control of the object to deliver it to another person
who the owner or the person in control knows or should reasonably
know intends to use the object to facilitate a violation of this section;
(e)
Any instructions, oral or written, provided with the object
concerning its use;
(f)
Any descriptive materials accompanying the object that explain
or depict its use;
(g)
The manner in which the object is displayed for sale;
(h)
The existence and scope of legitimate use for the object in
the community;
(i)
Expert testimony concerning use of the object; and
(j)
Any other verifiable information that indicates that the object
is intended or designed for use in violation of this section.
(3)
Each item a separate offense. Each item of paraphernalia that is
possessed, sold, transferred, or manufactured in violation of this
section is a separate offense.
A.
In general.
(1)
A person who violates any provision of this chapter shall be guilty of a civil infraction and subject to an original preset fine as set forth in the schedule of fines adopted by the Animal Control Commission under § 9-7C of this chapter.
(2)
The maximum fine for a violation of this chapter shall be $1,000.
(3)
Each day that a violation continues shall constitute a separate violation.
(4)
Civil infractions under this chapter shall be governed by the procedures
set forth in Subtitle 2 of Title 11 of the Local Government Article
of the Annotated Code of Maryland.
B.
Payment of fines.
(1)
All fines imposed under this chapter shall be payable to the Queen
Anne's County Finance Department.
(2)
Fines shall be paid within 30 days of the date of citation.
(3)
Failure to pay the preset fines within the prescribed time will result
in a summons being issued for the violator to appear before the District
Court of Maryland for the County of Queen Anne's.
C.
Subsequent violations. Fines will be doubled for a second or subsequent
violation of the same provision in any thirty-six-month period. The
maximum fine for such second or subsequent violations is $1,000.
A.
Manager; Animal Control Officers. The Manager or an Animal Control
Officer designated by the Manager or any police officer or deputy
sheriff has the authority to issue a civil citation and deliver it
to a person believed to be committing a civil violation and is hereby
declared to have the authority and the duty of enforcing this chapter
for that purpose. A copy of each original citation shall be given
to the Finance Director or his designee.
B.
Finance Director. The Finance Director or his designee is hereby
declared to be the official with the duty of enforcing this chapter
with respect to receiving and filing a copy of each original citation
and any fines or notices of intention to stand trial; mailing formal
notices of the violation to persons who do not give notice of intention
to stand trial or pay the established fine within the time set forth
in the citation; and notifying the District Court of any notice of
intention to stand trial or any request for adjudication when a fine
is not paid after formal notice thereof has been given.
C.
Prosecution. The County Attorney and the State's Attorney for
Queen Anne's County are each authorized to prosecute any civil
violation under this chapter.
