The purpose of this Act is to provide for the
safety of the public, the humane care and treatment of animals, and
to encourage responsible animal ownership.
The County Commissioners are authorized to enforce
the Animal Welfare and Control law and standards or to contract in
writing for its enforcement with a bona fide benevolent animal welfare
or humane entity, such as the Caroline County Humane Society, Inc.
The entity shall be a federally recognized not-for-profit organization,
and shall meet other criteria as may be established by the County
Commissioners. The term Animal Control in this Act means the County
if no contract exists, or the contractual enforcement entity if the
County has a contract for the enforcement of this Act.
References to this Act also include the standards,
fees, fines and schedules adopted by the County under the authority
of this Act as they may be revised from time to time.
In this Act, unless otherwise clearly indicated
by the context, the following words and terms have the meanings indicated:
ANIMAL
Every non-human species, both domestic and wild, including
but not limited to dogs, cats, horses, reptiles, birds, livestock
and fowl. This definition specifically excludes insects and plants.
ANIMAL AT LARGE
Any animal off the premises of the owner and not under restraint
as herein defined.
ANIMAL EXPOSED TO RABIES
Any animal which has been bitten by an animal which is infected
with rabies, or any animal which has not been bitten but which has
been in proximity to or in contact with or has otherwise been exposed
for any period of time to an animal infected with rabies. The determination
whether an animal is infected with rabies shall be made by the director
of the Caroline County Health Department, division of Environmental
Health, or the director's designee.
ANIMAL WELFARE AND CONTROL CENTER ("ANIMAL CONTROL")
Any facility or program operated by the County Commissioners
of Caroline County or the contractual enforcement entity under the
authority of state and local laws for care, confinement, redemption,
adoption, or euthanasia of animals, or any employee of such program.
ANIMAL CONTROL OFFICER
Any employee hired by the County Commissioners of Caroline
County and/or the contractual enforcement entity to enforce state
and local laws relating to animals.
ANIMAL EXHIBITION
Any spectacle, display, act, or event, other than circuses,
in which working or performing animals are used, or where animals
are displayed.
AUCTION
Any place or facility where animals are regularly bought,
sold, or traded, except for those facilities otherwise defined in
this Act.
CAGE
Any enclosure of limited space, enclosed on the top, bottom,
and all sides in which animals are placed for any purpose, including
confinement or display.
CAT
Any domesticated feline, excluding wild or exotic felines.
CIRCUS
A commercial variety show featuring or including animal acts
for public entertainment or fund raising.
COMMERCIAL ANIMAL ESTABLISHMENT
Any person, partnership or corporation or other legal entity
that has as its primary or secondary purpose the sale, transfer, display
or conveyance of any animal/animal-services. The term shall include
but not be limited to any pet shop, grooming shop, auction, zoological
park, circus, animal exhibition, kennel/cattery, or any establishment
for the purpose of training, leasing, or selling guard dogs. The term
shall not include non-research animal hospitals, animal shelters or
humane societies.
COMPLAINANT
Any person who makes a complaint in a legal or administrative
action or proceeding under this Act.
COUNTY
County Commissioners of Caroline County, a body politic and
corporate, and a political subdivision of the State of Maryland.
CRUELTY OR NEGLECT
Any act or omission which would constitute a violation of
the sections of this Act pertaining to cruelty and/or neglect.
CUSTODIAN
Any person or entity that provides food and shelter for,
and care and control of an animal in the absence of the owner.
DANGEROUS ANIMAL
Any animal posing a threat to health and safety as set forth
in this Act.
DIRECTOR
The person appointed by the contractual enforcement entity
to administer any and all laws and regulations pertaining to animal
control in Caroline County. This person is also the chief animal control
officer.
DOG
Any domesticated canine.
DOG FANCIER
Any person who owns or keeps within or adjoining a private
residence, five or more dogs for the non-commercial purposes of hunting,
practice tracking, exhibition in dog shows, field or obedience trials
or other dog sports, or as companions.
DOMESTIC ANIMAL
An animal of a species that has been bred and raised to live
in or about the habitation of humans and is dependent on humans for
food and shelter, including but not limited to birds, cats, dogs,
fish, hamsters, mice being kept as pets, reptiles and other animals
associated with the human environment.
EXOTIC ANIMAL
Any animal of a species that is not indigenous to the state
of Maryland or is not a domesticated animal, including any hybrid
or crossbred animal which is part exotic animal.
FARM ANIMAL
Any animal kept or raised on a farm for use and profit, including
livestock and fowl.
FOWL
Any and all birds, domesticated and wild, which are used
for food.
GENERALLY ACCEPTED PRACTICE
A practice generally accepted in the agricultural community,
horse industry, and sporting dog community, as applied to the community
as a whole and not confined to any particular segment or breed of
the industry or community.
GROOMING SHOP
A commercial establishment where animals are bathed, clipped,
plucked, or otherwise groomed.
GUARD DOG
Any dog that is trained specifically and/or used to protect
persons, property or a secured area.
HUMANE SOCIETY
A non-profit benevolent corporation dedicated to the rescue,
rehabilitation, and adoption of animals, and to the education of adults
and children regarding humane treatment and responsible care of animals.
KENNEL/CATTERY
Any commercial establishment for breeding, boarding, grooming,
sale or training of dogs and/or cats for which a fee is charged, excluding
an animal hospital maintained by a licensed veterinarian.
OWNER
Any person who has been given or who has deliberately acquired
an animal, immediately upon acquisition of the animal or a person
or entity feeding or sheltering one or more animals for 30 or more
days.
PET SHOP
Any person or entity, whether operated separately or in connection
with another business enterprise, that buys or collects any species
of animal for resale as pets.
PETTING ZOO
Any activity or facility where a fee is charged whose purpose
is to permit persons physical contact with animals maintained within
or upon such an establishment, activity or facility.
PUBLIC NUISANCE
Any act which would constitute a violation of the sections
of this Act pertaining to nuisances.
REBUTTABLE PRESUMPTION
A presumption which may be rebutted by evidence. Otherwise
called a "disputable" presumption. A species of legal presumption
which holds good until disproved.
RESPONDENT
Any person or entity against whom any complaint is filed
under this Act, including the owner of any animal that is the subject
of a complaint.
RESTRAINT
Effective control of an animal by its owner or other responsible
person by physical or other means; confinement within the property
lines of the animal's owner or custodian's property. As it pertains
to farm animals, restraint shall mean any fence or enclosure of suitable
material and design capable of reliably holding the animal within
its confines.
SANITARY
A condition of good order and cleanliness which minimizes
the causation and transmission of sickness and disease, and fouling
of the air to the extent that it is deemed offensive by a reasonable
person. This term shall be defined as consistent with and subordinate
to any existing right to farm legislation.
STATE CODE
Any and all laws and regulations pertaining to animal welfare
and control in the Annotated Code of Maryland and the Code of Maryland
Regulations.
STRAY
Any domesticated animal for which ownership has not been
established.
VACCINATION
Administration of a mandatory anti-rabies vaccine approved
by the Maryland Department of Health and Mental Hygiene or the Maryland
Public Health Veterinarian as required by law.
VETERINARY ANIMAL HOSPITAL
Any non-research establishment operated or maintained by
a veterinarian licensed by the State of Maryland for the purpose of
animal immunization and hospitalization, and the prevention, diagnosis,
and treatment of animal sickness, disease and injury.
WILD ANIMAL
Any animal which is not included in the definition of "Domestic
Animal" or "Farm Animal," including any offspring of wild animals
crossbred with domestic animals.
ZOOLOGICAL PARK
Any facility operated by a person or entity, other than a
pet shop or kennel/cattery, displaying or exhibiting one or more species
of animals.
The County is empowered to enact and amend,
by resolution, powers and duties of the animal control facility staff,
which shall include receiving, maintaining, and disposing of animals,
maintaining the facility, and providing public education. The resolution
shall be available to the public.
The County Commissioners, with the advice of
Animal Control, shall, by resolution, promulgate and amend a schedule
of fees and fines to be imposed under this Act, including fees pertaining
to licensing, commercial kennels, redemption, adoption, board and
other fees, which shall be available to the public. In addition, the
Commission shall establish and adopt a schedule of fines which shall
be imposed for violations of this Act.
Any person who violates any provision of this
Act may also be guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine of not more than $1,000.
Nothing contained in this Act is intended to
conflict with state law; where this Act and state law differ, the
more stringent provision shall apply.