A.
Registration
required.
(1)
A person may not own, keep, or harbor a dog, cat, or ferret four
months old or older without a current Queen Anne's County registration.
(2)
Registration is permanent and remains with the animal for life.
(3)
Registration may not be transferred from one animal to another animal.
(4)
A person found in violation of civil or criminal animal cruelty charges
may not register an animal in Queen Anne's County for three years
from the date of violation. On conviction of subsequent offenses,
registration must be approved by the Commission.
(5)
Community
cats shall be exempt from this section.
[Added 2-8-2022 by Ord. No. 21-11]
B.
Place
of registration. Registrations shall be sold through the Animal Services
Center, the Office of Animal Control, or any location designated by
the Commission.
C.
Rabies
certificate. Before a registration shall be issued, the owner or custodian
shall produce a valid rabies certificate issued by a licensed veterinarian
proving that the dog, cat, or ferret is currently vaccinated against
rabies.
D.
Registration.
A registration shall include the following:
E.
Tag.
A registration tag shall be issued with the registration certificate.
Tags shall be worn by dogs at all times, except when participating
in a competition where such displays are prohibited, when hunting,
or while undergoing organized training. Tags shall be worn on a collar
or harness around the dog's neck or body and be easily visible. Owners
and custodians of dogs, cats, and ferrets must retain possession of
tags and certificates of registration for the life of the registered
animals or until such animals are transferred to another owner or
custodian.
F.
Inspections.
The registration certificate shall be made available for inspection,
upon request, by an Animal Control Officer, Environmental Health Officer,
or any law enforcement officer.
G.
Registration
replacement. If a registration certificate and/or tag is lost, the
owner or custodian may obtain a duplicate registration certificate
and/or tag.
H.
Change
in dog, cat, or ferret ownership. If the ownership of a dog, cat,
or ferret changes, the new owner may obtain a transfer registration
if the dog, cat, or ferret has a valid Queen Anne's County animal
registration and a current rabies vaccination at the time of transfer
of ownership.
I.
Registration
information. The Animal Services Center shall provide all registration
information generated under this section to the Director and to any
Animal Control Officer as may be required.[1]
[1]
Editor's Note: Former Subsection J, which immediately followed
and required the registration of feral animal colonies, was repealed 2-8-2022 by Ord. No. 21-11.
[Amended 5-26-2015 by Ord. No. 15-01]
A.
A
"commercial animal establishment" is any business whose primary or
secondary purpose is the sale, transfer, or conveyance of any animal
or animal service for money, except animals or services deemed livestock
or domestic livestock under this chapter. Commercial animal establishments
include, without limitation: an enterprise engaged in sale of animals;
a humane society, animal rescue, or similar organization; a pet shop;
a petting zoo; a grooming shop; a mobile grooming establishment; an
auction; a zoological park; a circus; a performing animal exhibition;
a boarding or breeding kennel; or an establishment with the purpose
of selling, training, or leasing guard dogs.
B.
License
required; zoning approval.
(1)
A person may not operate a commercial animal establishment without
first obtaining a commercial animal establishment license in compliance
with this section.
(2)
Written application for a commercial animal establishment license
shall be made to the Animal Control Commission.
(3)
License applications must be accompanied by the license fee and written
verification from Queen Anne's County Planning and Zoning that the
applicant complies with applicable zoning and use regulations.
C.
Exemptions
to license requirements.
(1)
Zoological parks. A zoological park owned and operated by any government
agency is not required to obtain a license.
(2)
Tax-exempt organizations. An organization that has been approved
for tax-exempt status under Section 501(c)(3) of the Internal Revenue
Code is not required to obtain a license.
D.
Licensing
procedure.
(1)
An Animal Control Officer shall inspect the facility prior to issuing
or renewing the license.
(2)
A commercial animal establishment license shall be issued on successful
completion of an inspection and payment of the applicable fee.
(3)
Inspections. An Animal Control Officer shall be permitted to inspect
at any time all animals and the premises where animals are kept, except
that an Animal Control Officer may inspect a facility operated by
an organization which has been approved for tax-exempt status under
Section 501(c)(3) of the Internal Revenue Code only upon a formal
complaint.
E.
License
display. A commercial animal establishment license shall be displayed
in a conspicuous place on the premises of the establishment.
F.
License
transfer. If there is a change in ownership of a commercial animal
establishment, the new owner may have the current license transferred
to his/her name on payment of a transfer fee and completion of a successful
inspection by an Animal Control Officer.
G.
Individual
facilities. Every facility subject to this chapter shall be considered
a separate enterprise requiring an individual license.
A.
Violation
of law. The Animal Control Department may withhold or revoke a commercial
animal establishment license if the person holding the license refuses
or fails to comply with this chapter or any law governing the control,
protection, and keeping of animals.
B.
False
information. If an applicant has withheld or falsified any information
on the application, the Animal Control Department may refuse to issue
or may revoke the license.
C.
Appeals.
Appeals from withheld or revoked licenses may be made to the Commission
within five days after receipt of notice of such action.
(1)
In the event of a timely appeal of revocation of a license, the revocation
will not be effective until after the next scheduled meeting of the
Commission.
(2)
In the event of an emergency situation, an Animal Control Officer
may make application to the Chairperson of the Commission, who is
authorized to issue a temporary cease-and-desist order pending a hearing
at the next meeting of the Commission.
D.
Previous
conviction. A person found guilty of cruelty to animals may not be
issued a license to operate a commercial animal establishment without
approval of the Animal Control Commission.
E.
Subsequent
application.
(1)
Except as provided in Subsection E above, any person who has been denied a license may reapply after a period of six months from said denial.
(2)
Each reapplication shall be accompanied by a fee, in addition to
the licensing fee, and written verification that the applicant complies
with all applicable zoning and use regulations.
A.
It
shall be the duty of every owner of an animal, or anyone having an
animal in his or her possession or custody, to exercise reasonable
care and to take all necessary steps and precautions to protect other
people, property, and animals from injuries or damage that might result
from his/her animal's behavior, regardless of whether such behavior
is motivated by mischievousness, playfulness, ferocity, or any other
motive.
B.
The Commission is empowered under § 9-7B of this chapter to enact and amend, by resolution, regulation standards, fees, fines and schedules pursuant to this section, which shall be available to the public.
C.
Minimum
standards. The Commission shall develop and update a comprehensive
set of regulations to be used for the enforcement of the following
minimum standards. These regulations will be used by Animal Control
Officers to ensure the proper and uniform enforcement of these standards.
(1)
In general. An owner or custodian of an animal may not fail to provide
the animal with:
(2)
Livestock and domesticated livestock. Nothing in this section may
be construed as imposing standards more stringent than normally accepted
husbandry practices for such animals.
(3)
Open vehicles. A person may not allow an animal to ride in the unenclosed
area of a motor vehicle unless the animal is confined by a securely
affixed, well-ventilated container, cage, or other device designated
to safely prevent the animal from falling or jumping from the motor
vehicle. Animals may not be tethered, chained, or loose in the unenclosed
area of a vehicle.
(4)
Extreme weather conditions. Any dog shall be brought inside a home,
building or other suitable shelter within 30 minutes of the onset
of extreme weather conditions which shall be defined for purpose of
this provision as temperatures above 90º or below 32º Fahrenheit
or during active weather warnings issued by the National Weather Service
or the Queen Anne’s County Department of Emergency Services.
[Added 6-12-2018 by Ord.
No. 18-07]
The parent or guardian of a minor who owns or keeps an animal
shall be responsible for ensuring compliance with the provisions of
this chapter and Maryland State Law.
[Amended 5-26-2015 by Ord. No. 15-01]
A.
In
general.
(1)
No animal may be off the property of the owner or custodian without
being under restraint, unless it is in a permitted or appropriate
area. This shall not apply to community cats.
[Amended 2-8-2022 by Ord. No. 21-11]
(a)
"Under restraint" defined:
[1]
Secured by a leash/lead or under the effective control of its
owner or other responsible person. "Under the effective control,"
as defined in this chapter, shall mean an animal must be at heel and
directly beside its owner or custodian if not secured by a leash or
lead; or
[2]
Within a vehicle being driven, or that is standing or parked
in a manner that does not endanger the animal's health and safety.
(b)
Pertaining to unattended livestock or domesticated livestock,
an animal is under restraint when confined within a fence or enclosure
of suitable material if the fence or enclosure is capable of holding
the animal within its confines.
(2)
An animal accidentally at large with a person in immediate physical
pursuit shall not be deemed at large. "Immediate pursuit" is defined
as physically pursuing the animal at large.
B.
School
and County property.
(1)
An animal may not be on school grounds on a day when school is in
session without the permission of the proper authority.
(2)
If in a public recreation area, the animal must be controlled by
a leash or other similar restraining device.
(3)
An animal may not be on any County property that is properly posted
against such animals.
C.
Discovery of stray; duty to report. A person who finds a stray animal
shall report the finding to the Department of Animal Control.
D.
Pursuit of stray. An Animal Control Officer who observes an animal
at large may pursue that animal on public or private property.
E.
Training and hunting activities. This section may not be construed
to prevent supervised obedience training or hunting activities in
an authorized area with animals supervised by a competent person.
F.
Animal pursuing livestock, domesticated livestock, domestic animals
or human beings. A person may kill any animal which he or she sees
in the act of pursuing, attacking, wounding, or killing any poultry,
livestock, domesticated livestock, any domestic animal, or a human
being.
A.
Private
property. The owner or custodian of an animal may not allow his or
her animal or any animal under his or her care to defecate on the
property of another without the consent of the owner of the property.
B.
Public
property. The owner or custodian of an animal may not allow his or
her animal or any animal under his or her care to defecate on public
property unless the owner or custodian of the animal immediately thereafter
removes and disposes of any and all waste in a sanitary manner.
[Amended 5-26-2015 by Ord. No. 15-01 ]
A.
Defined
terms.
(1)
PUBLIC NUISANCE
(a)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
(b)
(c)
(d)
(e)
(f)
In this section, the following words have the meanings indicated.
An animal who:
Is repeatedly at large, except if the animal is a community
cat;
[Amended 2-8-2022 by Ord. No. 21-11]
Molests pedestrians or passersby;
Chases vehicles or bicycles;
Barks or makes other harsh noise as to disturb the quiet, comfort,
or repose of members of the community as reflected by a reasonable
person with normal sensitivities to noise;
Defecates on private property without permission from the property
owner;
Molests, defaces or destroys the property of another;
Does or performs any other acts which are determined by the
Commission, after notice to the owner or custodian and a hearing,
to be a public nuisance by virtue of being a menace to the public
health, welfare, or safety.
Regulation of public nuisance animal. A person who keeps any
animal which is a public nuisance under this chapter is subject to
the regulations and orders set forth by the Commission.
Animal Control Officers are authorized to seize and impound
an animal if;
The Animal Control Officer has witnessed that the animal has
engaged in conduct defined in Subsection A(1)(a)(1) through (3) and
(6) and (7) of this section. Animal Control Officers are not authorized
to seize and impound community cats merely for being at large.
[Amended 2-8-2022 by Ord. No. 21-11]
(a)
The owner or custodian has been charged twice within the past
24 consecutive months for the same offense.
(2)
The seized animal shall be held at the designated sheltering facility
pending the outcome of a hearing. Upon conviction, and in addition
to any fines or penalties assessed, the owner or custodian shall be
required to pay all expenses incurred for sheltering the animal to
abate the activity.
(3)
The Animal Control Commission shall promptly meet and adjudicate
all matters involving seized animals.
[Amended 5-26-2015 by Ord. No. 15-01]
A.
Dangerous
animal defined.
(1)
In this section, "dangerous animal" means:
(a)
An animal that has inflicted serious physical injury or death
to a human without provocation; or
(b)
An animal that has inflicted injury of any kind on a human being
in more than one incident, without provocation, off the property of
the owner or custodian; or
(c)
An animal that has killed a domestic animal off the property
of the owner or custodian without provocation; or
(d)
An animal that has attacked and caused injury to a domestic
animal two or more times off the property of the owner or custodian,
without provocation; or
(e)
Is owned, trained or harbored primarily or in part for the purpose
of engaging in animal fighting.
(2)
An animal may not be deemed dangerous if a threat, injury, or damage
has been sustained by any person:
(a)
Who at the time was committing a willful trespass or other tort
upon the premises occupied by the owner or custodian of the animal;
or
(b)
Who was teasing, tormenting, abusing, or assaulting the animal;
or
(c)
Who has in the past been observed or reported to have teased,
tormented, abused, or assaulted the animal; or
(d)
Who was committing or attempting to commit a crime; or
(e)
Was injured because the animal was protecting or defending its
young or other animals; or
(f)
Was injured because the animal was responding to its own pain
or injury.
B.
Seizure
of a dangerous animal.
(1)
Any animal exhibiting behavior of a dangerous animal described in § 9-20A of this chapter may be classified as a dangerous animal by the Director or his designee and seized. Within three business days the owner or custodian shall appear before the Commission which shall conduct a hearing and, based on all evidence presented, including the nature of the animal, shall make a determination as to whether the animal is a dangerous animal.
(2)
If the Commission determines that the animal is a dangerous animal,
the Commission may set appropriate conditions for the release of the
animal to the owner or custodian, or that the animal may be euthanized.
(3)
The owner or custodian of the animal is responsible for any fees
incurred during the seizure.
C.
Surrender required. A person may not refuse to surrender to an Animal
Control Officer an animal that has been deemed dangerous.
D.
Violation uncorrectable.
(1)
If the violation cannot be immediately corrected, the animal may
be impounded.
(2)
If the animal is impounded, the owner or custodian shall be notified
to appear before the Commission to argue the disposition of the animal.
(3)
At the request and expense of the owner or custodian, and with the
approval of the Director, the impoundment may be at a veterinarian
or licensed kennel of the owner or custodian's choosing. The veterinarian
or kennel must be located in Queen Anne's County.
E.
Proof of subsequent compliance. If the owner or custodian of a dangerous
animal impounded for a violation of this chapter presents proof to
the Director that the animal will now be kept in compliance with this
chapter, the animal may be released upon payment of all fees.
F.
Failure to respond. If the owner or custodian of a dangerous animal
fails to provide proof that the animal will now comply with this chapter,
fails to appear at a hearing before the Commission, or fails to reclaim
the animal within 72 hours from the Animal Services Center, the animal
may be humanely euthanized.
G.
Repeat offenders.
A.
Prohibited.
[Amended 2-9-2016 by Ord.
No. 15-17]
(1)
No individual shall:
(a)
Abandon an animal. An eartipped community cat returned to their
original location as part of a trap-neuter-return shall not be considered
abandoned;
[Amended 2-8-2022 by Ord. No. 21-11]
(b)
Tease, torture, torment, deliberately incite, cruelly beat or
kill, intentionally injure, mutilate, intentionally run down with
a vehicle, overdrive, overload, or otherwise abuse an animal;
(c)
Administer poison to any animal or knowingly place or leave
any poisonous or other harmful substance with the intent to injure
or kill any animal other than vermin;
(d)
Use or permit any animal to be used for the purpose of fighting,
raise for the purpose of fighting, or organize or participate in any
type of animal fighting.
(e)
Inflict suffering or pain upon an animal under the individual's
charge or custody.
(f)
Fail to provide an animal with nutritious food in sufficient
quantity, necessary veterinary care, proper drink, air, space, shelter,
or protection from the elements;
(g)
Leave any domestic animal unattended in a manner that endangers
the health or safety of the animal;
(2)
Penalty. Notwithstanding § 9-27 of this chapter, violation of this section shall be a misdemeanor and, upon conviction, a person shall be subject to incarceration for a period of up to 90 days and a fine of up to $1,000 or both such fine and incarceration. In determining whether a violation of this section has occurred, consideration shall be given to the standards of care and regulations adopted pursuant thereto in § 9-15 of this chapter.
B.
Seizure.
(1)
If an Animal Control Officer determines that the health or safety
of an animal is in immediate danger because of a cruel or neglectful
act, the Animal Control Officer may remove the animal from any place,
except the interior of a private residence, and seize the animal.
(2)
For the purposes of this subsection, an Animal Control Officer may
enter upon private property without the consent of the property owner.
(3)
After seizing an animal under this subsection, the Animal Control
Officer shall make a prompt and reasonable effort to notify the owner
or custodian that the animal has been seized and give the reasons
for the seizure. Notice shall also be given to the owner or custodian
indicating the conditions for the release of the animal and a schedule
for implementation.
C.
Removal from vehicle.
(1)
If an Animal Control Officer or any public safety officer finds an animal unattended as described in Subsection A(1)(g) of this section, the Animal Control Officer or public safety officer may use reasonable force to remove the animal from the vehicle.
(2)
Any Officer who uses force under this subsection may not be held
liable for any damages resulting from the use of that force.
D.
Construction of section.
(1)
Legitimate medical and scientific activities, food processing, customary
and normal veterinary and agricultural husbandry practices, and hunting
and trapping activities may not be construed as prohibited by any
provision of this section if such activities employ the most humane
method reasonably available.
(2)
Training of any animal for police work by the state or any political
subdivision shall not be considered as teasing, tormenting, or deliberately
inciting an animal.
[Amended 5-26-2015 by Ord. No. 15-01]
A.
Vaccination
required.
(1)
Every resident of the County owning a dog, cat, or ferret four months
old or older shall have the dog, cat, or ferret vaccinated with an
anti-rabies vaccine approved by the Maryland Public Health Veterinarian.
(2)
The vaccination shall be administered by a licensed veterinarian
as provided by Maryland State Law.
B.
Rabies
certificate.
(1)
The rabies certificate issued by the veterinarian shall be carefully
preserved by the owner or custodian of that dog, cat, or ferret.
(2)
The owner or custodian of the dog, cat, or ferret shall promptly
exhibit the rabies certificate upon request for inspection by an Animal
Control Officer, health officer, or any law enforcement officer, and
shall also exhibit the certificate to the Animal Services Center staff
when redeeming the animal at the Center.
D.
Exposure to rabies.
(1)
Any dog, cat, or ferret exposed to rabies shall be quarantined for
10 days following the exposure, or for a longer period as may be established
by the Department of Environmental Health. The Maryland Department
of Agriculture Veterinarian shall determine the length and location
of quarantine for affected livestock.
(2)
The quarantined animal shall be confined to a house, garage, or other
escape-proof enclosure or building approved by the Department of Environmental
Health.
(3)
The quarantined animal shall be prevented from having any contact
with other animals or any person except its owner, custodian, or caretaker.
(4)
The quarantined animal may not be removed from the quarantine premises
unless permission is first obtained from the Department of Environmental
Health. Any removal is subject to any conditions set by the Department
of Environmental Health.
(5)
If the quarantined animal becomes ill or begins to show behavioral
changes, the owner or custodian shall immediately notify the Department
of Environmental Health, which shall determine the proper course of
action.
(6)
If the quarantined animal dies, the owner or custodian shall immediately
notify the Department of Environmental Health and make the animal
available for rabies testing.
(7)
If the quarantined animal escapes, the owner or custodian shall immediately
notify the Animal Services Center, the Department of Animal Control,
and the Department of Environmental Health.
(8)
Until the quarantined animal is released by the Department of Environmental
Health from quarantine, the owner or custodian may not kill, give
away, or sell, or otherwise dispose of the animal without the written
permission of the Department of Environmental Health.
(9)
If a veterinarian's examination is not required on the last day of
the quarantine, the owner or custodian shall report to the Department
of Environmental Health the health status of the quarantined animal
or make the animal available for inspection by the Department of Environmental
Health or an Animal Control Officer.
(10)
If the quarantined animal is vaccinated against rabies at the time
of exposure, the animal shall not be revaccinated until released from
quarantine.
(11)
If the quarantined animal is not vaccinated, the owner or custodian
shall take the animal to a licensed veterinarian for a physical rabies
exam and vaccination within five days of the end of quarantine.
(12)
If an animal is not properly quarantined, it shall be impounded and
a citation for failing to comply with this section may be issued by
an Animal Control Officer.
A.
Animal
in violation of law.
(1)
An animal observed in violation of this chapter or Maryland State
Law may be impounded/seized and housed at the Animal Services Center
or its designated facility.
(2)
In addition to, or in lieu of, impounding and or seizing animal,
an Animal Control Officer shall provide notice within 24 hours after
observing the animal in violation to its owner or custodian, and may
issue to the owner or custodian of the animal a citation for the violation
or apply for criminal charges in reference to the violation.
B.
Impoundment.
(1)
Subject to Subsection B(2) of this section, an impounded domestic animal shall be kept for not fewer than seven days, unless an owner or custodian redeems the impounded domestic animal, pursuant to § 9-23D of this chapter, within seven days. The holding period does not apply to animals under the age of three months.
[Amended 6-11-2019 by Ord. No. 19-06]
(2)
If the animal is contagiously ill or severely injured, it may be
immediately humanely euthanized.
(3)
Any
impounded community cat may immediately be sterilized, vaccinated,
eartipped and returned to the location where they were trapped or
may immediately be directed to a trap-neuter-return program.
[Added 2-8-2022 by Ord.
No. 21-11]
D.
Redemption.
Before an owner or custodian can reclaim an impounded or seized animal,
the owner or custodian shall:
(1)
Pay all applicable fees;
(2)
Provide evidence of a current rabies vaccination and possess or purchase
a valid County animal registration;
(3)
Pay any and all costs, including veterinary fees, incurred by the
Animal Services Center or designated facility in connection with housing
and care of the animal;
(4)
Correct all violations of this chapter which resulted in the impoundment
or seizure of the animal.
(5)
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.
[Added 2-8-2022 by Ord.
No. 21-11]
E.
Abandoned
animal. Except as otherwise provided in this chapter, an animal impounded
and not redeemed by its owner or custodian within seven days shall
be deemed abandoned and become the property of the Animal Services
Center.
F.
Cruelty.
[Added 1-12-2016 by Ord.
No. 15-15]
(1)
Notwithstanding any other provisions of this chapter, any animal seized or impounded as a result of an alleged violation of § 9-21 (Cruelty) shall not be redeemed unless approval is granted by the Animal Control Commission.
(2)
In such cases, the owner or custodian shall be notified by the person
taking possession of the animal of the seizure and impoundment and
of the administrative remedies available under this subsection.
(3)
The owner or custodian may file, within 10 days of receiving notice,
a petition in writing with the Animal Control Commission for the return
of the animal.
(4)
The Animal Control Commission shall conduct a hearing and following
such hearing, may allow return of the animal upon such conditions
as the Commission may determine to be proper or make other appropriate
disposition of the animal.
(5)
If the owner or custodian is notified and fails to file a petition
within the prescribed time period, or if the owner and custodian is
unknown and cannot with reasonable effort be ascertained for a period
of 20 days, the animal shall be deemed abandoned and become the property
of the Animal Service Center.
A person who strikes a domestic animal with a motor vehicle
shall immediately notify the State Police or local police and remain
at the scene until help arrives for the injured animal.
