[HISTORY: Adopted by the County Commissioners
of Caroline County 5-18-1999 by Bill No. 98-2. Said bill also provided for the repeal
of former Ch. 78, Animal Control, adopted 4-15-1986 by Bill No. 86-1. Amendments
noted where applicable.]
GENERAL REFERENCES
Foxes — See Ch. 111.
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.
A.
This Act applies to the unincorporated areas of the
county, and to any Caroline County incorporated municipalities that
have enacted this law.
B.
This Act is not intended to establish standards which
conflict with Caroline County's Right to Farm Ordinance[1] and generally accepted agricultural practices; however,
this shall in no way condone cruel or abusive practices. In the event
of conflict, for those owners subject to the Right to Farm Ordinance,
the Right to Farm Ordinance shall prevail.
C.
This Act is not intended to establish standards which
are stricter than those practices generally accepted in the horse
industry. In the event of conflict, for those owners who are part
of the horse industry, including the owners of pleasure horses, the
generally accepted practices shall prevail; however, the standard
is that applied to the industry as a whole, not confined to any particular
segment or breed of the industry. Also, this provision shall in no
way condone cruel or abusive practices.
In this Act, unless otherwise clearly indicated
by the context, the following words and terms have the meanings indicated:
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.
Any animal off the premises of the owner and not under restraint
as herein defined.
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.
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.
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.
Any spectacle, display, act, or event, other than circuses,
in which working or performing animals are used, or where animals
are displayed.
Any place or facility where animals are regularly bought,
sold, or traded, except for those facilities otherwise defined in
this Act.
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.
Any domesticated feline, excluding wild or exotic felines.
A commercial variety show featuring or including animal acts
for public entertainment or fund raising.
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.
Any person who makes a complaint in a legal or administrative
action or proceeding under this Act.
County Commissioners of Caroline County, a body politic and
corporate, and a political subdivision of the State of Maryland.
Any act or omission which would constitute a violation of
the sections of this Act pertaining to cruelty and/or neglect.
Any person or entity that provides food and shelter for,
and care and control of an animal in the absence of the owner.
Any animal posing a threat to health and safety as set forth
in this Act.
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.
Any domesticated canine.
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.
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.
To humanely kill an 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.
Any animal kept or raised on a farm for use and profit, including
livestock and fowl.
Any and all birds, domesticated and wild, which are used
for food.
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.
A commercial establishment where animals are bathed, clipped,
plucked, or otherwise groomed.
Any dog that is trained specifically and/or used to protect
persons, property or a secured area.
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.
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.
A discount license that can be purchased by a Dog Fancier.
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.
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.
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.
Any domestic fowl.
Any act which would constitute a violation of the sections
of this Act pertaining to nuisances.
A presumption which may be rebutted by evidence. Otherwise
called a "disputable" presumption. A species of legal presumption
which holds good until disproved.
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.
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.
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.
Any and all laws and regulations pertaining to animal welfare
and control in the Annotated Code of Maryland and the Code of Maryland
Regulations.
Any domesticated animal for which ownership has not been
established.
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.
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.
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.
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.
A.
It shall be the duty of all owners and custodians
of animals, to exercise reasonable care and to take all necessary
steps and precautions to protect other people, property, and animals
from injuries or damage which might result from their animal's behavior,
regardless of the instinct or motivation for such behavior. This statement
of duties of animal owners and custodians is not intended to establish
an attractive nuisance doctrine for the County.
B.
In the event that the owner or custodian of any animal
is under 18 years of age, the parent or guardian of the owner or custodian
shall be responsible to ensure compliance with all provisions of this
Act and the state code.
C.
No animal may be sold or given to person under the
age of 18 without the written consent of that person's parent or guardian
with the exception of inter- and intrafamily transfers.
A.
It shall be unlawful for any person or entity to:
(1)
Tease, torture, torment, deliberately incite, cruelly
beat or kill, mutilate, run down with a vehicle intentionally, overwork,
overload, or otherwise abuse any animal.
(2)
Poison any animal or knowingly place or leave any
poisonous or other harmful substance with the intent to injure or
kill any animal other than rats and mice.
(3)
Use or permit any animal to be used for the purpose
of fighting or raised for the purpose of fighting; or organize or
participate in any type of animal fighting, or attend an animal fighting
event.
(4)
Inflict unnecessary suffering or pain upon any animal.
(5)
Fail to provide any animal for whom the person or
entity has ownership or custodial responsibilities or who is harboring
a stray with clean and nutritious food and water in sufficient quantity,
necessary veterinary care, exercise, ventilation, space, and proper
shelter and living quarters.
(6)
Allow any animal to remain in a vehicle in a manner
that endangers the health or safety of the animal. Under this section,
an animal control officer or jurisdictional police officer may use
reasonable force to remove the animal from the vehicle. Any such officer
who uses force under this section shall not be held liable for any
damages resulting from the use of that force. Animals may remain in
horse trailers and sporting dog boxes in a manner which is generally
accepted in the horse and sporting dog community.
(7)
Abandon ownership or custodial responsibilities for
a domestic animal by leaving or discarding it, including abandonment
on roadsides, in trash containers, or in or on vacated or vacant premises
or any other place.
(8)
Shoot to kill or maim any animal, except as authorized
under paragraph D of this section as it pertains to hunting, emergency
euthanization by an owner or a law enforcement officer, and as otherwise
permitted under state law. An owner has the burden of proof to show
that a true emergency existed.
(9)
It shall not be cruelty to defend one's person, property,
or animal by means of pepper spray or other similar, nonlethal attack
deterrent.
B.
If an animal control officer determines that the health
or safety of an animal is in immediate danger because of cruelty or
neglect, an animal control officer may remove the animal from any
place except the interior of a private residence and impound the animal.
For the purposes of this section, an animal control officer may enter
upon private property without the consent of the owner. Animal control
officers may at all times be accompanied and assisted by jurisdictional
police officers.
C.
After impounding an animal whose health or safety
is endangered because of cruelty or neglect, the animal control officer
shall make a prompt and reasonable effort to notify the owner that
the animal has been impounded, and the reason for impoundment, to
be confirmed in writing. Written notice shall also be given to the
owner indicating the conditions for the release of the animal, if
any, and a schedule for implementation.
D.
Generally accepted medical and scientific activities,
generally accepted food processing activities, customary and generally
accepted veterinary and agricultural husbandry practices, and lawful
and permitted hunting activities shall not be construed as prohibited
by any provision hereof.
E.
Training of any animal for public safety work by state
or local governments shall not be considered as teasing, tormenting
or deliberately inciting an animal if generally accepted training
practices are used.
F.
Only owners, Animal Control, veterinarians, and police
officers in performance of their duties may euthanize an animal due
to extreme sickness or injury, and shall do so expeditiously and humanely
when it becomes necessary to do so.
G.
Animal control officers and veterinarians may euthanize
animals for reasons other than those set forth above.
A.
No owner or custodian of an animal shall fail to provide
the animal with sufficient, wholesome and nutritious food; sufficient
clean, potable water; proper air, shelter, space, light and protection
from weather; veterinary care when needed to prevent suffering; and
humane care and treatment.
B.
In the case of farm animals, nothing in this section
may be construed as imposing standards more stringent than generally
accepted practices.
C.
The County is empowered to enact and amend, by resolution,
standards, fees, fines and schedules pursuant to this section, which
shall be available to the public.
A.
The owner of any animal shall not allow or permit
the animal to be at large. There shall be a rebuttable presumption
that the owner of any animal found at large has allowed and permitted
such animal to be at large.
B.
The owner or custodian of any animal may not permit
the animal to be on school grounds on a day when school is in session
without the permission of the proper authority. If in a public recreation
area the animal must be controlled by a leash or other similar restraining
device.
C.
No animal accidentally at large with an owner or caretaker
in immediate pursuit shall be deemed at large. It shall be a rebuttable
presumption that the animal's being at large was not accidental. It
is the burden of the owner or caretaker to prove that the pursuit
was immediate.
D.
Any person who finds and harbors a stray animal shall
report the finding to Animal Control. Any person seeing a stray animal
is encouraged to report the finding to Animal Control.
E.
An animal control officer who observes an animal at
large may pursue that animal on public or private property.
F.
Any person who strikes a domestic animal with a motor
vehicle shall promptly notify the state or local police.
G.
This section shall not be construed to prevent supervised
obedience training, foxchasing, or hunting activities as long as persons
conducting or participating in these activities are authorized to
do so by the owners of the property where the activities are taking
place, and the animals are being supervised by a competent person.
H.
Hunting dogs, regardless of county or state of origin,
must wear current valid owner contact identification. Dogs originating
in Caroline County must wear license tags.
I.
Owners are responsible for the actions of hunting
dogs and other animals at large, and for any damage done by them.
A.
It shall be unlawful for any person to keep or maintain
any animal in such manner as to cause or permit the animal to be a
public nuisance, whether or not a complaint has been received by Animal
Control. A public nuisance is defined as permitting an animal or animals:
(1)
To repeatedly be at large;
(2)
To molest or intimidate pedestrians or passersby on
public rights of way, public property, roads, and sidewalks. Intimidation
under this section is defined as what a reasonable, prudent person
under same or similar circumstances would consider intimidation and
whether that person would have felt intimidated by the actions of
the animal in question;
(3)
To chase, when not on the property of the owner or
custodian, persons, vehicles, or bicycles, or domestic or farm animals;
(4)
To bark or make other harsh or excessive noise so
as to disturb the quiet, comfort, or repose of members of the community
as reflected by reasonable persons with normal sensitivities to noise;
(5)
To foul the air by odor and thereby create unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept;
(6)
To defecate or urinate on private property without
the consent of the owner of said property.
(7)
In the case of dogs and cats, to be unconfined when
in season. Every female dog or cat in season must be humanely confined
in a building or secure enclosure in such a manner that the female
dog or cat cannot come into contact with an unneutered male of the
same species except for planned breeding arranged by the respective
animal owners. This does not exclude normal waste elimination while
under physical restraint and direct supervision and on the owner/custodian's
property; or
(8)
To do or perform any other acts which are determined
by Animal Control, after a notice to the owner and a public hearing,
to be a public nuisance affecting public health, welfare, or safety.
B.
Nothing in this section shall be construed to mean
that Animal Control has sole authority to enforce this section if
a complainant wishes to seek recourse under this section in an appropriate
court of law, or to prevent Animal Control from conducting its own
investigation regarding possible violations of this section.
A.
Generally, a dangerous animal is any animal that poses
a physical threat to persons or to domestic or farm animals by virtue
of its health, specific training or demonstrated behavior. Physical
threat means conduct that places a person in reasonable apprehension
of imminent, serious physical harm and includes any attempt or actual
infliction of physical harm. No animal belonging to a government agency
shall be deemed a dangerous animal for conduct occurring while the
animal performs its authorized duties.
B.
The following animals may be deemed dangerous:
(1)
Any animal previously declared to be dangerous by
a government or governmentally authorized animal control entity.
(2)
Any animal which has, other than inadvertently or
in a reflexive action, inflicted injury on a human being without provocation.
There shall be a rebuttable presumption that the animal's action was
neither inadvertent nor reflexive.
(3)
Any animal which has, other than inadvertently, injured
or killed a domestic animal without provocation.
(4)
Any animal owned or harbored primarily or in part
for the illegal purpose of animal fighting, or any animal illegally
trained for animal fighting.
(5)
Any animal not owned by a governmental or law enforcement
agency, used primarily to guard public or private property.
C.
No animal may be deemed dangerous if the threat, injury
or damage was sustained:
(1)
By a person who at the time was committing a willful
trespass or other tort, or committing or attempting to commit a crime.
(2)
By a person who was teasing, tormenting, abusing or
assaulting the animal.
(3)
By a person who has in the past been observed or reported
to have teased, tormented, abused, or assaulted the animal.
(4)
Because the animal was protecting or defending its
young or other animals.
(5)
Because the animal was responding to pain or injury.
(6)
In the case of a horse or farm animal, if the animal
was confined on the owner's property.
A.
Upon receipt of a complaint, the Director of Animal Control is authorized to make a determination of whether an animal is dangerous. If the owner or custodian disputes such determination, such determination must be finalized or nullified by holding a public hearing as set forth in § 78-20 of this Act. Animal Control is not authorized to determine that an animal is dangerous for reasons other than rabies until it conducts a public hearing, establishes that the animal meets one or more of the definitions of a dangerous animal as set forth in this Act, and prepares a written report and declaration signed by the Director of Animal Control and other officials participating in hearing the case. Each case will be considered on an individual basis. The final report shall be a public record.
B.
Animal Control may require any animal that exhibits
dangerous behavior as defined in this Act to be fully restrained and
prevented from contact with the public in any way pending review,
or if considered by Animal Control to be a significant threat to the
safety of people and animals, impounded by Animal Control, using whatever
restraints and tranquilization is necessary, until a determination
is reached.
C.
It shall be unlawful for any person to refuse to immediately
surrender any animal that exhibits dangerous behavior as defined in
this Act to an animal control officer after receiving an impoundment
order from Animal Control.
D.
After review or hearing or both, Animal Control is
authorized to establish any reasonable requirements, conditions or
restrictions on release, rehabilitation, and control of the animal.
If the owner or custodian presents proof that the animal will now
be kept in compliance with this Act, an impounded animal may be released
upon payment of any and all costs and fees, including, but not limited
to, costs of boarding and court costs. However, if the owner or custodian
of an animal determined by Animal Control to be dangerous fails to
provide proof that the owner will comply with this Act and any requirements,
conditions and restrictions established by Animal Control; or if the
owner or custodian fails without good cause to attend the public hearing,
or fails to reclaim a released animal within five days, the animal
may be humanely euthanized by Animal Control.
E.
If after a public hearing and careful consideration
of the animal's threat to the safety of people and animals, regardless
of the owner or custodian's willingness or ability to restrict the
animal, if there has been a written determination that the animal
is dangerous and that its threat level is unacceptable, Animal Control
may proceed to euthanize the animal, or to order that the animal be
euthanized.
F.
If an animal is released following impoundment, or
allowed to remain with the owner or custodian following review, Animal
Control may impose reasonable requirements, conditions, and restrictions
to safeguard people and other animals, including, but not limited
to the following:
(1)
Above-ground fencing and/or pens meeting Animal Control
specifications, and confinement thereto except when being transported;
(2)
Confinement in the home of the owner or custodian;
(3)
Wearing of a secure collar, muzzle and/or halter as
appropriate, and leash meeting animal control specifications when
in a vehicle, on or off the property of the owner or custodian, or
outside the animal's pen;
(4)
A dangerous animal placard prominently displayed as
specified by Animal Control on the premises occupied by the dangerous
animal;
(5)
Permanently marking the animal with an identification
number issued by Animal Control, neutering, or health care at the
expense of the owner or custodian; and
(6)
Prohibiting change of ownership or custody of the
animal without prior approval of Animal Control.
G.
The owner or custodian of an animal determined to
be dangerous shall immediately notify each of the following: the Caroline
County Sheriff's Department, the appropriate town police department,
and Animal Control if the animal becomes at large for any reason.
H.
If the owner or custodian of an animal determined
to be dangerous is in violation of any of the provisions of this section,
an animal control officer may order the violation immediately corrected
and cite the owner or custodian for the violation.
I.
If the violation cannot be immediately corrected,
the animal may be impounded, in which case the owner or custodian
will be notified in writing to appear before Animal Control regarding
the violation and the disposition of the animal.
J.
Owners of dangerous animals repeatedly at large will
be given an opportunity to fully explain to Animal Control why a violation
has been repeated, which will be considered in determining an appropriate
disposition of the animal. A second public hearing must be held by
Animal Control with a reconsideration of the relevant facts and circumstances
before Animal Control may decide to euthanize a repeat offender animal.
A.
Every full or part time resident of Caroline County
owning a dog, cat or ferret four months old or older must have it
vaccinated with an anti-rabies vaccine approved by the state, and
have it regularly re-vaccinated thereafter so that the animal is always
protected by a current vaccination. The vaccination shall be administered
by a licensed veterinarian. The rabies certificate issued by the veterinarian
shall be carefully preserved by the owner or custodian of the animal,
and exhibited promptly upon request by an animal control officer,
health officer, or any law enforcement officer, and shall also be
exhibited to the Animal Control Center staff when redeeming an animal
at the Center.
B.
Any animal exposed to rabies shall be quarantined
for 10 days following the exposure, or for longer periods if required
by the Caroline County Health Department.
C.
If an animal is not properly quarantined it shall
be impounded by Animal Control, and a citation for failing to comply
with this section may be issued by an animal control officer.
D.
The County is empowered to enact and amend standards,
fees, fines and schedules pursuant to this section, which shall be
available to the public.
A.
It shall be unlawful for an owner to fail to obtain
a Caroline County dog license within 30 days of assuming ownership
of a dog or establishing residence in Caroline County, or within 30
days after the dog becomes four months old, or to allow the license
to expire. The license shall expire annually on the last day of December.
However, an owner of a dog that has received a rabies vaccination
that is effective for three years may purchase a three-year license
if available. License fees may be prorated by Animal Control to reflect
the expired portion of a license period.
B.
Any person or entity that owns, keeps or harbors five
or more dogs over the age of four months shall maintain a valid Multiple
Dog License.
C.
Before any license shall be issued, the owner shall
produce a valid rabies certificate issued by a licensed veterinarian
proving that the dog for which a license is sought is currently vaccinated
against rabies.
D.
Exemptions.
(1)
Owners of certified Seeing Eye Dogs, Hearing Dogs,
governmental police dogs, or other certified dogs that are trained
to assist the physically impaired and are actively engaged in doing
so shall not be required to pay the annual fee but shall obtain and
display on the dog a County dog license. Governmental police dogs
shall be exempt from displaying the County dog license.
(2)
Animal shelters operated by an incorporated not-for
profit animal welfare or chartered humane society shall be exempt
from licensing requirements.
(3)
Licensed veterinary hospitals or clinics where dogs
are hospitalized and licensed medical research facilities are exempt
from dog licensing requirements under this section, but all such establishments
must register their operation with Caroline County Animal Control.
E.
The sale of licenses shall be through Caroline County
Animal Control, the Caroline County Humane Society, Inc., the Caroline
County Comptroller, any licensed veterinarian in Caroline County,
and any other location designated by the chief animal control officer.
[Amended 5-8-2007 by Bill No. 2007-1; 10-9-2007 by Bill No. 2007-5]
F.
The County is empowered to enact and amend, by resolution,
standards, fees, fines and schedules pursuant to this section, which
shall be available to the public.
A.
No person or entity shall operate a commercial animal
establishment without first obtaining a commercial animal establishment
license. License applications must be in writing on an Animal Control
form, and accompanied by payment of the license fee and written verification
from the Caroline County Office of Planning and Codes Administration
that the applicant complies with any and all applicable zoning and
use regulations.
B.
Every facility subject to this Act shall be considered
a separate enterprise requiring an individual license.
C.
The license period shall run for one year from the
date of issuance. Renewal applications for licenses shall be made
30 days prior to expiration of said license.
D.
A zoological park owned and operated by any government
agency is not required to obtain a license.
E.
Animal Control may, with full justification, and following
inspection and written notification, suspend and terminate a commercial
animal license for animal cruelty or neglect and may impound all animals.
The owner or operator may appeal by request, in writing, for a public
hearing.
F.
All dogs and cats offered for resale must have a current
Health Certificate issued by a Maryland licensed veterinarian dated
within the last three months prior to resale. This section does not
apply to any animal shelters operated by a humane society or Animal
Control.
G.
No wild animals shall be owned or kept in Caroline
County unless an individual exemption is issued by the director of
the environmental health division of the Caroline County Health Department
and, if required, a permit from the Maryland Department of Natural
Resources or other regulatory government agency. Any exempted and
permitted wild animals must be registered with the Animal Control.
H.
The County is empowered to enact and amend, by resolution,
standards, particularly regarding inspection of commercial establishments
and license suspension and revocation, fines, fees and schedules pursuant
to this section, which shall be available to the public.
A.
Any animal observed in violation of this Act or the
state code may be impounded and housed at the Animal Control Center
or its designated alternate facilities. In addition to, or in lieu
of impounding an animal, an animal control officer may issue to the
owner or custodian of the animal a citation for the violation.
B.
Impounded domestic animals shall be kept for not less
than three working days. If the animal is seriously and contagiously
ill, or severely injured it may be humanely euthanized immediately.
C.
An owner reclaiming an impounded animal shall pay
fees as established by Animal Control, and any and all costs including
any fees for the animals necessary health care and maintenance incurred
by Animal Control. The animal shall not be released until the animal
has a current dog license, if applicable, and the animal's owner has
obtained any and all licenses required under this Act.
D.
Except as otherwise provided in this Act, any animal
impounded and not redeemed by its owner within three working days
shall be deemed abandoned and become the property of Animal Control.
Animal Control shall place the animal for adoption or humanely euthanize
the animal in accordance with this Act.
E.
Animal Control shall operate an animal adoption program,
and may deny applications for adoption of animals. No unclaimed dog
or cat shall be released for adoption without being reproductively
neutered or without written contract with the adopter guaranteeing
that the animal will be neutered within 30 days for adult animals
or by a specified future date in the contract for puppies or kittens.
Animal Control shall train employees to inform the public of local
neutering and health care cost assistance programs available to qualifying
persons. A deposit established by Animal Control shall be paid by
the adopter at the time of adoption and refunded once proof of neutering
is presented to Animal Control.
F.
Any animal considered by Animal Control to be unhealthy,
dangerous or otherwise unsafe may not be placed for adoption.
G.
Animal Control shall endeavor to place wild animals
with licensed or certified fully protected wild animal refuges or
rehabilitation units, or working with state agencies, release healthy
native wild animals back into a natural or protected environment.
Wild animals may not be adopted by the general public.
H.
It shall be unlawful for any person to fail to abide
by the terms of any contract entered into with Animal Control under
this section.
I.
The County is empowered to enact and amend, by resolution,
standards, fees, fines and schedules pursuant to this section, which
shall be available to the public.
A.
The contractual enforcement entity shall designate
a director of animal control to administer the animal welfare and
control program and supervise day-to-day facility operations and maintenance.
The director shall be the chief animal control officer and the head
of the animal control center.
B.
The director shall carry out the duties and responsibilities
set forth in this Act, and is empowered to enforce the provisions
of this Act, including but not limited to public safety, public nuisance,
prevention of cruelty to animals, and requiring minimum standards
for animal care.
C.
The director shall implement a program of regular
patrols and response to citizen complaints for the purpose of enforcing
the state code and this Act, including the standards, fees, fines
and schedules adopted under the authority of this Act.
D.
The director shall implement a program of regular
inspection of all animal establishments required to be licensed under
this Act.
E.
The director or the director's designee is responsible
for maintaining accurate records of licenses, impoundments, disposal
of animals, animal bites and all enforcement actions taken by Animal
Control.
F.
The director shall provide a 24-hour, seven-day a
week animal emergency service to respond to complaints deemed to be
an emergency by the director.
G.
The director shall make available to the general public
information concerning the enforcement of this Act, including but
not limited to fees for adoption, redemption, care and treatment,
and services provided by Animal Control.
H.
The director shall conduct a public education program
on responsible animal ownership, and shall develop educational partnerships
with the public school system.
I.
The director shall establish mandatory training requirements
for all new employees and mandatory continuing education requirements
for all existing employees.
J.
The director shall have other animal welfare and control
duties as assigned by the director's employer.
A.
The contractual enforcement entity shall hire animal
control officers, who are authorized and empowered by this Act to
exercise the authority necessary to enforce the provisions of this
Act, its standards, fees, fines and schedules, and the state code
and any regulations adopted pursuant thereto.
B.
It shall be unlawful for any person to fail to comply
with the lawful order of, or to interfere with, an animal control
officer performing the duties as prescribed in this Act or state code.
Interference includes using physical force, verbal misdirection, or
failing to give appropriate information, with the result of hindering
or preventing an animal control officer from carrying out official
duties.
C.
An animal control officer may enter upon property
to check compliance with Animal Control orders or to investigate animal
cruelty complaints. This access does not include homes, businesses,
or commercial animal establishments, without a warrant. The animal
control officer also has probable cause to initiate an investigation
and enter upon property in response to anonymous complaints.
D.
The County is empowered to enact and amend, by resolution,
further powers and duties, fees, fines and schedules pursuant to this
section. All proposed amendments and the schedule of fees and fines
shall be available to the public.
E.
In issuing a civil citation, the animal control officer
may accept and rely upon a written affidavit of an individual with
personal knowledge of an alleged violation. The officer need not be
a witness. However, such affiants shall be subpoenaed to provide information
to the hearing body in the event of a public hearing or to a court
of law in the event of a court proceeding.
F.
Complaints for damages shall be adjudicated in the
court of appropriate jurisdiction, not decided by the animal control
officer.
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.
A.
In addition to the public hearing required in order
to determine an animal to be dangerous, and appeal from closure of
commercial animal establishments, Animal Control may conduct public
hearings upon receipt of a written complaint, or at the discretion
of the Director of Animal Control, regarding alleged violations of
this Act or noncompliance with Animal Control orders, except for questions
of damages.
B.
The public hearing body shall consist of no fewer
than five persons, including the Director of Animal Control, a deputy
from the Caroline County Sheriff's Department or a municipal police
officer, the director of environmental health from the Caroline County
Health Department, and two persons not affiliated with Animal Control.
C.
Animal Control shall give written notice to the complaint
respondent by either personal delivery or by certified mail, restricted
delivery, return receipt requested. Said notice shall be either mailed
to the respondent at least 12 days prior to the public hearing regarding
the alleged violation or delivered to the respondent at least 10 days
prior to the public hearing regarding the alleged violation. The notice
shall contain the nature of the complaint, time, date and place of
the hearing.
D.
Animal Control shall notify the complainant, by First
Class Mail, of the time, date and place of the hearing.
E.
After a public hearing but within three working days,
if it is found that a violation of this Act has occurred, the hearing
body may set conditions to correct the violation and order the violator
to abide by those conditions within a prescribed time limit. The hearing
body may provide for any disposition of any animal including euthanasia.
Any and all costs incurred by the respondent to comply with the hearing
body's rulings will be the sole responsibility of the respondent.
If the hearing body finds that a violation did not occur, it shall
promptly and in writing dismiss the complaint.
F.
The hearing body may issue subpoenas for the attendance
of witnesses and the production of documents at its public hearings.
G.
All decisions of the hearing body shall be final and
subject to review only by the Circuit Court for Caroline County upon
a timely appeal filed pursuant to the Maryland Administrative Procedures
Act by any person aggrieved by a decision within the time prescribed
for appeals from administrative agencies by the Maryland Rules of
Procedure.
H.
It shall be unlawful for any person to fail to comply
with a lawful order or direction of the hearing body or Animal Control.
I.
The County is empowered to enact and amend, by resolution,
additional procedures for the conduct of public hearings authorized
under this section.
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.
A.
Any person who violates any part of this Act shall be guilty of a civil infraction under the authority of Chapter 92, Civil Infractions, Code of Public Local Laws of Caroline County, Maryland, and subject to an original preset penalty as set forth in the fees and fines adopted by the Commission under § 78-21 hereof. The maximum civil penalty for each violation of this Act shall be $500. Each new day may constitute a separate violation. An occurrence may contain more than one offense. Each animal involved in an occurrence may constitute a separate offense.
B.
All fines imposed under this Act shall be payable
to the County.
C.
All fines imposed as a result of a violation of this Act shall be paid within 30 days of such violation and failure to pay the monetary penalty within the prescribed time will result in a civil action pursuant to Chapter 92 of the Code of Public Local Laws of Caroline County.
D.
Fines may be doubled for a subsequent violation of
the same section in any 36 month period.
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.
