A.Â
In
general. A person may not:
(1)Â
Fail to comply with a lawful order or direction of the Commission;
(2)Â
Fail to comply with a lawful order or direction of an Animal Control
Officer;
(3)Â
Interfere with an Animal Control Officer performing the duties as
prescribed in this chapter or Maryland State Law;
(4)Â
Put, place, or leave an animal in a situation or circumstance that
endangers the health, safety or welfare of the animal.
[Added 5-26-2015 by Ord.
No. 15-01]
A.Â
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 a fine not to exceed $100 per violation.
B.Â
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 a fine of $500. Nothing herein shall be construed to limit any damages arising from wrongful damage to a domestic animal or property.
C.Â
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 a fine of $250 per violation.
D.Â
Nothing in this section shall be construed to apply to "Have-a-Heart,"
live or box-style traps.
[Added 1-12-2016 by Ord.
No. 15-14]
A.Â
Definitions.
(1)Â
ANIMAL FIGHT
ANIMAL FIGHTING PARAPHERNALIA
(a)Â
(b)Â
[1]Â
[2]Â
[3]Â
[4]Â
[5]Â
[6]Â
In general. In this section, the following terms have the meanings
indicated.
Any dogfight, cockfight, bullfight, or other combat between
animals or between animals and humans.
In general. "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.
Inclusions. "Animal fighting paraphernalia" includes:
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;
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;
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;
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;
A fighting pit, walled area, or otherwise confined area that
is used to contain an animal fight;
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.Â
Prohibited conduct; animal fighting paraphernalia.
(1)Â
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)Â
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)Â
Any statement by an owner or a person in control of the object
concerning its use;
(b)Â
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)Â
The proximity of the object, in time and space, to an animal
fighting venue;
(d)Â
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)Â
Any instructions, oral or written, provided with the object
concerning its use;
(f)Â
Any descriptive materials accompanying the object that explain
or depict its use;
(g)Â
The manner in which the object is displayed for sale;
(h)Â
The existence and scope of legitimate use for the object in
the community;
(i)Â
Expert testimony concerning use of the object; and
(j)Â
Any other verifiable information that indicates that the object
is intended or designed for use in violation of this section.
(3)Â
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.Â
In
general.
(1)Â
A person who violates any provision of this chapter shall be guilty of a civil infraction and subject to an original preset penalty as set forth in the schedule of penalties adopted by the Animal Control Commission under § 9-7C of this chapter.
(2)Â
The maximum fine for a violation of this chapter shall be $1,000.
(3)Â
Each day that a violation continues shall constitute a separate violation.
(4)Â
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.Â
Payment
of fines.
(1)Â
All fines imposed under this chapter shall be payable to the Queen
Anne's County Finance Department.
(2)Â
Fines shall be paid within 30 days of a violation.
(3)Â
Failure to pay the monetary penalty 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.Â
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.Â
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.Â
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.Â
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.
[Added 2-8-2022 by Ord. No. 21-11]
A.Â
Trap-neuter-return
shall be permitted to be practiced by community cat caregivers, organizations,
and animal control, 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.
B.Â
As a part
of trap-neuter-return, spay or neuter and vaccination for rabies shall
take place under the supervision of a licensed veterinarian.
C.Â
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.
D.Â
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.