[HISTORY: Adopted by the Harford County Council: Art. I, by Bill No. 87-23; Art. II, by Bill No. 88-8. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 64.
Public health nuisances — See Ch. 179.
[Adopted by Bill No. 87-23]
A. 
Unless excepted herein, veterinarians intending to perform veterinarian services in Harford County shall provide the County Health Officer with the following information:
(1) 
Name, residence and business addresses and residence and business telephone numbers.
(2) 
A copy of their veterinarian's license or certificate from the State Board of Veterinary Medical Examiners.
(3) 
A copy of the zoning certificate from the Department of Planning and Zoning for the location where services are to be performed.
(4) 
The address where the service is to be performed, including a description of the services to be performed.
(5) 
The name of the owner or agent on whose property the service is to be performed.
(6) 
Any additional information which the county may require.
B. 
The veterinarian shall provide the information in this section to the Health Officer, in writing, at least five (5) calendar days before the date of the intended services.
C. 
This information shall be provided by the veterinarian for each location the veterinarian intends to perform said services.
D. 
The Health Officer is hereby authorized to adopt rules and regulations necessary to further the purpose and intent of this Article for the protection of the health, safety and welfare of the citizens of Harford County.
The veterinarian, while performing services, shall supervise the following activities and shall be responsible for ensuring that these activities are followed and completed:
A. 
The services performed and related activities shall be not less than twenty-five (25) feet from any establishment serving or handling food.
B. 
Animal waste, manure, etc., shall not be allowed to accumulate on the floor or on adjacent grounds and shall be cleaned and disinfected immediately.
C. 
Each animal brought to the veterinarian for service or treatment shall be leashed or caged by its owner, the agent of the owner or the designee of the owner.
The veterinarian shall keep for a period of three (3) years accurate records pertaining to each animal vaccinated, identifying the animal's owner and the property where the animal is kept. Within seventy-two (72) hours of a request, the veterinarian shall make these records available to the Health Officer.
Veterinarian services performed at the following locations are exempted from the provisions of this Article:
A. 
Permanently established veterinary hospitals.
B. 
Permanently established veterinary clinics.
C. 
Health Department sponsored or supported clinics.
D. 
On private property, at the request of the property owner, agent of the property owner or person having custody of an animal(s) on the property, and only an animal(s) belonging to the property owner or agent and residing on the property.
E. 
Where an immediate danger occurs involving an animal which may jeopardize the health, safety or welfare of a human.
Any veterinarian in violation of this Article shall be subject to a civil fine of five hundred dollars ($500.) for the first offense and one thousand dollars ($1,000.) for each offense thereafter, payable to the county within ten (10) days in full satisfaction of the assessed penalty. A law enforcement officer may issue a civil citation to the violator. Each day of the continuing violation shall be considered a separate civil violation. Any fines collected shall be deposited in the general fund. The county shall have the right to collect all fines imposed hereunder by commencing a civil action in the District Court for Harford County.
Law enforcement and county agencies shall report violations of this Article to the Health Officer, at which time the Health Officer shall report the incident to the State Board of Veterinarian Medical Examiners for the Board's consideration.
If any section, subsection, paragraph, sentence or phrase of this Article is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Article.
[Adopted by Bill No. 88-8]
In this Article, the following terms have the meanings indicated:
COUNTY BUILDING
A building or any part of a building owned or leased by the county.
DESIGNATED SMOKING AREA
The part of a county building where smoking is permitted by designation of the Director.
DIRECTOR
The Director of Administration.
SMOKING
The act of smoking or carrying a burning cigar, cigarette, pipe or tobacco product of any kind.
SOCIAL FUNCTION
A specific social or recreational event for which an entire room or hall is reserved.
A. 
This Article does not apply to:
(1) 
The Harford County detention center.
(2) 
That part of a county building occupied by a private business or the Circuit Court for Harford County.
B. 
Notwithstanding Subsection A of this section, this Article applies to any part of a county building occupied by the Clerk of the Circuit Court or the Clerk's employees.
Smoking in a county building is permitted:
A. 
In designated smoking areas.
B. 
At social functions.
C. 
In fully enclosed offices occupied by not more than one (1) person.
A. 
The Director or the Director's designee shall adopt procedures for establishing designated smoking areas in county buildings.
B. 
Designated smoking areas may not be established in:
(1) 
Conference rooms.
(2) 
Meeting rooms.
(3) 
Rest rooms.
(4) 
Offices occupied by more than one (1) person.
(5) 
Areas where smoking is prohibited by the State Fire Marshal.
A. 
The Director or the Director's designee shall post a sign displaying the words "smoking prohibited by law, except in designated smoking areas," or similar words, at each county building entrance.
B. 
The Director or the Director's designee shall post a sign displaying the words "smoking permitted," or similar words, at each designated smoking area in a county building.
A. 
A person who violates § 149-10 of this Article is guilty of a civil violation.
B. 
There is no fine for conviction of a first violation.
C. 
Upon conviction of a subsequent violation, a person is subject to a fine of up to twenty-five dollars ($25.).
A. 
When a county law enforcement officer observes a violation of § 149-10 of this Article, the officer shall deliver a summons to the violator.
B. 
A person who receives a summons under this section may:
(1) 
Obtain a court hearing by making a written request for a hearing to the Clerk of the court at least seven (7) calendar days before the due date listed on the summons for payment of the fine; or
(2) 
Waive the right to a court hearing by paying a fine to the County Treasurer in the amount required by Subsection D of this section.
C. 
Presence of officer at hearing.
(1) 
A request for a court hearing may also include a request that the officer who issued the summons be present at the hearing.
(2) 
If the hearing request does not include a request that the officer be present at the hearing:
(a) 
The officer need not attend the hearing.
(b) 
The officer's copy of the summons shall be prima facie evidence of the facts stated in the summons.
D. 
When a person waives the right to a court hearing:
(1) 
There is no fine for a first violation.
(2) 
The fine for a subsequent violation is ten dollars ($10.).
E. 
A summons issued under Subsection A of this section shall contain:
(1) 
A certification by the officer under penalty of perjury that the facts stated in the summons are true.
(2) 
The amount of the fine, if any, for the violation.
(3) 
A date, at least fifteen (15) calendar days from the date of the violation, by which the fine must be paid.
(4) 
A notice that the violator may obtain a court hearing by making a written request to the Clerk of the court at least seven (7) days before the date by which the fine must be paid.
This Article does not prohibit a county agency from adopting a smoking policy that is more stringent than the provisions of this Article. Adoption of a more stringent policy is subject to approval by the Director.