City of College Park, MD
Prince George's County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of College Park 5-10-1977 by Ord. No. 77-O-3. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and penalties — See Ch. 110.
The following definitions shall apply when used in this chapter:
ANIMAL
Any animal, wild or domesticated, except fish. This includes but is not limited to dogs, cats, fowl, rabbits, rodents and reptiles.
ANIMAL CONTROL SHELTER
Any facility designated by the City of College Park for the detention of animals.
ANIMAL CONTROL OFFICER
Any person designated as such by the City of College Park to perform the duties described in this chapter.
[Amended 4-24-2001 by Ord. No. 01-O-3]
AT LARGE
Any animal not under restraint and off the premises of its owners.[1]
CHAIRPERSON
The Chairperson of the Animal Control Board.
CITY
The City of College Park, Maryland.
COUNTY
Prince George's County, Maryland.
DANGEROUS ANIMALS
Uncontrolled animals traveling in packs, abandoned pets living in a wild state or animals accustomed to existing in or near a human environment which are a menace to the public health, safety or welfare.
[Added 4-24-2001 by Ord. No. 01-O-3]
DEPARTMENT
The Public Services Department of the City of College Park, Maryland.
[Added 4-24-2001 by Ord. No. 01-O-3]
DIRECTOR
The Director of Public Services of the City of College Park, Maryland.
[Added 4-24-2001 by Ord. No. 01-O-3]
EXOTIC ANIMAL
Any animal not ordinarily domesticated and not indigenous to Maryland, that a person is permitted to own or possess under the laws of the State of Maryland and Prince George's County.
[Added 4-24-2001 by Ord. No. 01-O-3]
FARM ANIMAL
Any animal which is usually found or kept on a farm and used for agricultural purposes. This includes but is not limited to horses, cattle, swine, chickens and sheep.
[Amended 4-24-2001 by Ord. No. 01-O-3]
FERAL ANIMALS
Animals that are no longer domesticated and have become wild.
[Added 4-24-2001 by Ord. No. 01-O-3]
NUISANCE
Any animal or animals which disturb the public or private peace or are detrimental to public health, safety or welfare. This will include but is not limited to animals which:
A. 
Are found at large.
B. 
Are found to be dangerous or vicious.
C. 
Befoul the air with offensive odors.
D. 
Are the cause of unsanitary conditions of enclosures or surroundings.
E. 
Damage the property of anyone other than their owners.
F. 
Are kept in such numbers, more than four, so that, by those very numbers, they offend the public health, safety or welfare.
G. 
By barking, howling or making other offensive noises, disturb the public or private peace.
H. 
Molest persons or vehicles passing by.
I. 
Attack other animals.
J. 
Bite, scratch or otherwise injure a human other than their owners.
OWNER
Any person, partnership, association, fraternity, sorority or corporation owning, keeping, harboring or acting as custodian of an animal.[2]
VICIOUS ANIMAL
Any animal which constitutes a physical threat to persons or domestic animals by reason of:
[Added 4-24-2001 by Ord. No. 01-O-3]
A. 
Being dangerously aggressive without provocation;
B. 
Having attacked or bitten persons or animals; or
C. 
Having a known propensity to attack, due to its temperament, conditioning or training.
WEEKDAYS
Monday through Friday inclusive, excluding municipal, state or national holidays.[3]
WILDLIFE
Indigenous, customarily undomesticated animals.
[Added 4-24-2001 by Ord. No. 01-O-3]
[1]
Editor's Note: The former definition of "Board," which immediately followed this definition, was repealed 10-9-2012 by Ord. No. 12-O-09.
[2]
Editor's Note: The definition of "trap," added 9-10-1991 by Ord. No. 91-O-22, which immediately followed this definition, was repealed 4-24-2001 by Ord. No. 01-O-3.
[3]
Editor's Note: The definition of "wild or dangerous animals," which immediately followed this definition, was repealed 4-24-2001 by Ord. No. 01-O-3.
A. 
The maintaining of any such nuisance as defined in § 102-1 shall be a violation of this chapter.
B. 
Upon the occurrence of any violation of this chapter, the City shall notify the offending owner of the nature of the violation and give that owner not more than 10 days in which to take action to eliminate the violation.
[Amended 4-24-2001 by Ord. No. 01-O-3]
(1) 
If the owner eliminates the violation within the time specified, no further action by the City will be taken.
(2) 
If the owner fails to act to eliminate the violation within the time specified, the City may then commence to prosecute as in the case of any violation of this Code.
[Amended 10-9-2012 by Ord. No. 12-O-09]
[Amended 4-24-2001 by Ord. No. 01-O-3]
It shall be unlawful for the owner of any animal to allow such animal to be at large in the City of College Park. An animal off the premises of its owner shall be caged or leashed so as to effectively control the animal and shall be under the immediate supervision and control of a person of suitable age and discretion who shall be at all times in physical contact with the leash and shall prevent the animal from making contact with other persons or animals without the permission of such person or of the owner of such animal.
[Amended 12-10-1991 by Ord. No. 91-O-24; 4-24-2001 by Ord. No. 01-O-3]
Every animal kept within the City shall be licensed by the county if county law requires a license for an animal of that type. Every person who is required by county law to obtain an animal hobby permit or other permit shall obtain such permit from the county.
[Amended 9-10-1991 by Ord. No. 91-O-22; 4-24-2001 by Ord. No. 01-O-3; 10-9-2012 by Ord. No. 12-O-09]
Any citizen whose peace is disturbed or whose health, safety or welfare is endangered by a violation of this chapter or who observes an instance of animal cruelty or neglect may lodge a complaint with the City, specifying therein the nature of the complaint and identifying the offending animal and owner, if known. The City shall investigate the complaint and, if a violation is confirmed, shall take action as provided under this chapter to obtain abatement of the violation. If no violation can be confirmed, the City shall notify the complaining citizen. Cruelty complaints should be referred to appropriate agencies through the City.
[Amended 12-10-1991 by Ord. No. 91-O-24; 4-24-2001 by Ord. No. 01-O-3]
A. 
Any animal found at large shall, if possible, be impounded by the City and taken to the City Animal Control Shelter for a period of at least three workdays, or to other appropriate shelter, except that the City shall not be required to impound wildlife.
B. 
If an animal is found at large, regardless of whether it has been or will be impounded, its owner shall be notified that the animal at large violates this chapter. The City shall issue a notice of violation for an animal found at large, and the fine shall be as set forth in Chapter 110, Fees and Penalties. The City may issue a warning notice for the first offense. In the event that a second notice of violation is issued within a twelve-month period and a third or subsequent notice of violation is issued within a twelve-month period, the charges shall be as set forth in Chapter 110, Fees and Penalties.
[Added 4-24-2001 by Ord. No. 01-O-3]
A. 
Any animal impounded because it has been found at large or for any other reason authorized by this chapter shall be impounded at the City Animal Control Shelter in a humane manner for a period of not less than three weekdays, unless sooner claimed and redeemed by its owner. Animals unclaimed after three weekdays shall be placed for adoption with an appropriate outside agency or turned over to the County Animal Shelter and thereafter handled in the manner prescribed by the County Animal Control Commission, and may be euthanized or otherwise disposed of as that agency deems appropriate.
B. 
Notwithstanding the provisions of Subsection A of the section, in the event that an impounded animal shows signs of disease or severe injury, the Animal Control Officer has discretion to cause the animal to be euthanized immediately rather than holding it for three weekdays, providing that:
(1) 
The officer has checked the records to determine whether the animal has been reported missing;
(2) 
The animal appears to be unlicensed;
(3) 
No rabies testing is required; and
(4) 
The officer is acting on the advice of a veterinarian, who will then perform the euthanasia procedure.
C. 
Notwithstanding the provisions of Subsection A of the section, illegal animals, feral animals, exotic animals, dangerous animals and vicious animals may immediately be euthanized, if the public health, safety or welfare so requires, or taken to the County Animal Shelter, without being retained by the City Animal Control Shelter for any period.
A. 
Upon impounding an animal, the City shall make a prompt and reasonable effort to locate and notify the owner of such impoundment.
B. 
The owner, or his or her agent, wishing to redeem an impounded animal shall affirm to the City his or her ownership, payment of the City fees associated with said impoundment and payment of the fees or fines stemming from any violation of this chapter. If the animal shall have been transferred to the County Animal Shelter prior to redemption, these fees shall be in addition to any which may be charged by the county for redemption.
C. 
Redemption fees for each animal impounded shall be as set forth in Chapter 110, Fees and Penalties, and a current boarding rate as determined by the City Manager at cost plus overhead for each calendar day the animal has been in the care of the City Animal Control Shelter. These fees shall be in addition to any fees or fines stemming from any violation of this chapter. A second or subsequent impounding of the same animal shall carry a fee as set forth in Chapter 110, Fees and Penalties.
[Amended 12-10-1991 by Ord. No. 91-O-24]
[1]
Editor's Note: Former § 102-9, Vicious animals that are not impounded, as amended, was repealed 10-9-2012 by Ord. No. 12-O-09.
[Added 9-10-1991 by Ord. No. 91-O-22; amended 2-25-1997 by Ord. No. 97-O-2; 4-24-2001 by Ord. No. 01-O-3]
If a City Animal Control Officer is notified by a City resident that wildlife or a feral cat has entered a dwelling or commercial building and is constituting a nuisance condition, or if the City Animal Control Officer observes wildlife or a feral cat causing a nuisance condition upon public property, the Animal Control Officer may, in his or her discretion, and if authorized under state law to do so, capture and remove the animal. The City Animal Control Officer shall not capture and remove wildlife located on the exterior portions of private properties unless such wildlife poses an immediate threat to the public safety, in which case the Animal Control Officer may, in his or her discretion and if authorized by state law, capture and remove such animal. Any animal captured and removed under this section shall be handled or disposed of in accordance with applicable state law and/or regulation.
[Amended 12-10-1991 by Ord. No. 91-O-24]
No person owning, keeping or having custody of an animal in the City shall allow or suffer the solid waste of that animal to remain in any public place or private property without the express consent previously obtained of the owner or occupant thereof. The owner of the animal shall be subject to fines as set forth in Chapter 110, Fees and Penalties.
Farm animals may be kept only on property which has been specifically zoned to permit such keeping.
[1]
Editor's Note: Former § 102-13, Animal Control Board, as amended, was repealed 10-9-2012 by Ord. No. 12-O-09.
[Added 4-24-2001 by Ord. No. 01-O-3[1]]
A. 
The City hereby incorporates by reference all provisions contained in the Prince George's County Animal Control Ordinance as it is amended from time to time. A violation of the Prince George's Animal Control Ordinance by any person in the City shall constitute a violation of this section.
B. 
Notwithstanding the provisions of Subsection A of this section, in the event of a conflict between the County Animal Control Ordinance and this chapter, the provisions of this chapter shall prevail.
C. 
The provisions of this section are not intended to displace or prevent the county from enforcing the provisions of its Animal Control Ordinance on properties located within the City. Furthermore, when authorized by the appropriate county official, a City Animal Control Officer may enforce the provisions of the County Animal Control Ordinance.
[1]
Editor's Note: This ordinance also renumbered former § 102-14 as § 102-15 below.
[Amended 9-10-1991 by Ord. No. 91-O-22; 12-10-1991 by Ord. No. 91-O-24; 4-24-2001 by Ord. No. 01-O-3]
A violation of any provision of this chapter or any provision of any rule or regulation adopted by the Mayor and Council pursuant to the authority granted by this chapter shall constitute a municipal infraction. A citation shall be delivered to any person who commits such an infraction in accordance with the provisions of § C8-3 of the City Charter and Article 23A, § 3(b)(2), of the Annotated Code of Maryland, advising him/her of the imposition of a fine as set forth in Chapter 110, Fees and Penalties, payable to the City. In the event that he/she elects not to stand trial for the violation and the violation is not fully corrected within the following ten-day period, a second citation shall be delivered to him/her in accordance with the same provisions advising him/her of the imposition of an additional fine as set forth in Chapter 110, Fees and Penalties. For each successive five-day period in which he/she elects not to stand trial for the violation and the violation is not fully corrected, an additional citation shall be delivered to him/her advising him/her of the imposition of an additional fine as set forth in Chapter 110, Fees and Penalties.
[Added 8-9-2011 by Ord. No. 11-O-11]
The Department of Public Services is authorized to charge a fee, as set out in Chapter 110 of the Code, for adoption of dogs, cats, or other animals and for microchip placement.