[Adopted 9-8-1981 by Ord. No. 130]
This article shall be known and may be cited as the "Animal Control
Ordinance."
A.
When not inconsistent with the context, the words used
in the present tense include the future tense; words used in the plural number
include the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely directory.
B.
ANIMAL
ANIMAL CONTROL OFFICER
AT LARGE
DOG GUIDE
KEEPING OR HARBORING AN ANIMAL
KENNEL
OWNER
POLICE DOG
PUBLIC NUISANCE
For the purposes of this article the following words,
terms, phrases and their derivations shall have the meaning given herein.
Any and all types of animals, except human beings, including but
not limited to mammals, fowl and reptiles, whether domesticated or wild, shall
be animals within the meaning of this article.
Any officer or agency, public or private, designated by The Commissioners
of St. Michaels as having the responsibility for the administration of any
or all of the provisions of this article.
An animal shall be deemed to be at large whenever said animal is
not on the owner's property or under the immediate physical control of a responsible
person capable of physically restraining the animal on a leash, cord, chain
or other similar means of physical restraint.
Any dog which is trained to assist a blind person and which is used
by a blind person for guide purposes.
The act of feeding and/or sheltering an animal or the act by the
owner, occupant or lessee of real estate of permitting, allowing or suffering
an animal to be fed and/or sheltered upon his or her real estate.
The keeping, harboring, and/or boarding at the same time of four
or more dogs which are four months of age or older upon the same property
or premises; or the keeping, harboring and/or boarding at the same time of
10 or more dogs of any age upon the same property or premises; or the keeping,
harboring and/or boarding at the same time of three or more unspayed female
dogs which are each one year of age or older; or the taking of payment for
the boarding of any dog.
Any person having a right of property in an animal; or any person
who keeps or harbors an animal; or any person who permits, allows or suffers
an animal to be kept or harbored on or about the premises owned, occupied
or leased by him or her.
Any dog used on a regular basis by a Police Department or police
agency of the State of Maryland or any political subdivision or municipal
corporation thereof.
Any animal which makes loud or objectionable sounds, damages property,
molests passersby, chases vehicles or acts in any manner which is deemed to
be doing damage to property or to the public health, safety or well-being;
or any animal which has bitten two or more persons; or any animal which has
been determined by the Animal Control Officer to be a detriment to public
health, welfare and safety. If a dead animal is not properly disposed of in
a reasonable time and is deemed by the Animal Control Officer to be a threat
to the public health, safety or well-being by its odor, appearance or other
reason said animal shall constitute a public nuisance. Any animal which defecates
upon public property or upon private property, without the owner of that animal
having first obtained the consent of the owner of the private property, shall
be a public nuisance per se.
All owners of animals shall provide such animals with sufficient food
and water to support a healthy condition, shall provide sufficient shelter
for the animal to protect it from inclement weather, and shall provide veterinary
care when needed to prevent suffering of the animal or the spread of disease
to human beings or other animals, and shall provide humane care and treatment.
All dogs in the Town of St. Michaels which are four months of age or
older shall be vaccinated against rabies in a procedure approved by the Maryland
Public Health Veterinarian and shall be licensed as herein provided. This
section shall not apply to dogs in the Town owned by a nonresident of the
Town, provided that such dogs are duly licensed, have a current valid rabies
vaccination, and evidence of said licensure and rabies vaccination is secured
to said dogs.
A.
Application for dog licenses shall be made to the Town
Clerk, or his or her authorized representative, and shall be accompanied by
a current valid rabies vaccination certificate for the dog and by the license
fee in an amount as shall be determined from time to time by resolution of
The Commissioners of St. Michaels.
B.
Dog guides and police dogs shall be provided licenses
free of charge.
C.
All licenses shall be valid for one year from each July
1 through June 30 of the following year.
D.
The owner of each dog kept or harbored within the Town
shall make application for licenses for all such dogs within 30 days following
establishment of said owner's residence within the Town, or within 30 days
following the acquisition of each such dog, whichever shall come later.
E.
The license of a dog shall not be transferred with the
dog upon change of ownership. A license shall not be transferred by an owner
from one dog to another dog.
F.
Upon payment of the dog license fee, a uniform Talbot
County numbered identification tag shall be issued by the Town Clerk to the
owner. The numbered identification tag shall at all times be securely fastened
to the dog for which it was issued, by means of choker chain, collar, harness
or other means.
All owners of animals shall exercise sufficient care and control over
all animals owned by them so as to prevent those animals from becoming a public
nuisance.
The owner of any vicious animal must, by cage, pen or otherwise, securely
confine that animal to the premises of the owner or person in possession of
such vicious animal at all times in such a manner that the vicious animal
cannot reach or do harm to persons passing by on the public streets, sidewalks
and other public ways in the Town or to persons who have occasion to lawfully
enter upon the premises where such vicious animal is kept. The vicious animal
shall not be taken out of such confinement or removed from the premises of
the owner or persons in possession unless the vicious animal is securely muzzled
and on a leash, cord, chain or by similar means of physical restraint and
under the immediate physical control of a responsible person capable of physically
restraining the vicious animal.
Whenever an animal is found to be running at large, with or without a license tag, whenever an animal constitutes a public nuisance, whenever a vicious animal is not secured and restrained as required by § 87-10 of this article; or whenever a female dog is in season and not secured in accordance with § 87-13 of this article that animal may be captured and impounded by the Animal Control Officer. Upon capture of any such animal the Animal Control Officer shall make a genuine effort to notify the owner of the animal's capture if identity of the owner can be ascertained. Captured animals, unless claimed by their owners and the impounding fee paid, shall be promptly turned over to the Talbot County Humane Society to be dealt with in the same manner as impounded animals are dealt with under the Talbot County Animal Control Ordinance.
An Animal Control Officer shall be designated by The Commissioners of
St. Michaels as the enforcement authority for the provisions (apart from issuance
of dog licenses) of this article, acting under the general supervision of
the Town Clerk. Said Animal Control Officer may be an employee of a nonprofit
organization other than the Town government. The Animal Control Officer is
hereby authorized and empowered to deputize Animal Wardens, who, acting under
the supervision of the Animal Control Officer, shall be empowered to take
into custody, capture and turn over to the Talbot County Humane Society, stray,
injured, sick or dead animals, animals running at large, and vicious animals,
animals kept in kennels or female dogs in season in violation of this article.
No person shall:
A.
Abandon, fail to give sufficient food and/or water, suitable
shelter, needed veterinary care, or humane care or treatment to an animal
owned by him or her.
B.
Keep or harbor a dog that is four months or older without
a current valid rabies inoculation.
C.
Fail to immediately report to the Animal Control Officer
the fact that an animal owned by him or her has bitten a person or is suspected
of having bitten a person, or when requested to do so by any person authorized
to enforce this article fail to produce such animal forthwith.
D.
Fail to acquire a license for any animal owned by him
or her which is required to be licensed under this article.
E.
Permit, allow or suffer an animal owned by him or her
to be on public property or the property of another without wearing the animal
tag issued to that animal.
F.
Refuse to exhibit an animal license for a dog owned by
him or her when requested to do so by any person authorized to enforce this
article.
G.
Alter or permit, allow or suffer to be altered any animal
license or animal tag issued under this article.
H.
Place or permit, allow or suffer to be placed any animal
tag issued under this article on any animal other than the specific animal
for which it was issued.
I.
Make any false declaration or statement in applying for
an animal license.
J.
Deny ownership or possession of any animal which in fact
is owned or possessed by him or her.
K.
Refuse to give or deny his or her identity to any person
authorized to enforce this article or issue citations for violations thereof.
L.
Permit, allow or suffer an animal owned by him or her
to be a public nuisance.
M.
Permit, allow or suffer a vicious animal owned by him or her to be kept in a manner in violation of § 87-10 of this article.
N.
Permit, allow or suffer an animal owned by him or her
to run at large.
O.
Permit, allow or suffer an unleashed female dog in estrus
(in season) owned by him or her to be on public property or private property
of another; or to be out of doors on the property of the owner unless said
female is confined within an enclosure so as to prevent a male dog from entering
that enclosure without human assistance.
P.
Operate a kennel.
Q.
Resist, hinder, molest or otherwise interfere with the
performance of the duties in the enforcement of this article of any person
authorized to enforce this article.
The Animal Control Officer, Animal Wardens or any law enforcement officer of the Town may issue a citation to anyone who violates this article. No such citation shall be issued except upon first-hand personal knowledge of the issuing officer. The Animal Control Officer shall be promptly notified of such action. The procedures set forth in Chapter 33, Municipal Infractions, for issuance of citations, payment of fines, election to stand trial, and court proceedings shall apply.
In addition to the licensing fees, impoundment fees and other charges
provided for in this article, any person who violates this article shall be
fined $50. Each day the violation of this article continues shall be deemed
a separate offense. All violations of this article are municipal infractions.
