[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:
To desert an animal without having secured another owner
or custodian for the animal or by failing to provide the elements
of proper care as defined herein.
[Added 10-27-2020 by Ord. No. 20-O-11[1]]
Any nonhuman species of animal, both domesticated and wild.
This includes but is not limited to dogs, cats, ferrets, birds, exotic
and wild species.
[Amended 10-27-2020 by Ord. No. 20-O-11]
Any facility designated by the City of College Park for the
care, confinement or detention of animals.
[Amended 10-27-2020 by Ord. No. 20-O-11]
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]
Any animal not under restraint and off the premises of its
owners except within an off-leash dog park.[2]
[Amended 10-27-2020 by Ord. No. 20-O-11]
The City of College Park.
[Amended 10-27-2020 by Ord. No. 20-O-11]
Prince George's County, Maryland.
[Added 4-24-2001 by Ord. No. 01-O-3;
amended 10-27-2020 by Ord. No. 20-O-11]
Any animal which demonstrates the potential to inflict bites
on humans by chasing or approaching a person in a menacing fashion
or apparent attitude of attack not on its owner's property; or any
animal with a known propensity, tendency, or disposition to attack
unprovoked, to cause injury or death to humans or domestic animals.
The County Commission for Animal Control determines whether
an animal is dangerous.
The Public Services Department of the City of College Park.
[Added 4-24-2001 by Ord. No. 01-O-3;
amended 10-27-2020 by Ord. No. 20-O-11]
The Director of Public Services of the City of College Park.
[Added 4-24-2001 by Ord. No. 01-O-3;
amended 10-27-2020 by Ord. No. 20-O-11]
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.[3]
[Added 4-24-2001 by Ord. No. 01-O-3]
Animals that are existing in a wild or unsocialized state.[4]
[Added 4-24-2001 by Ord. No. 01-O-3;
amended 10-27-2020 by Ord. No. 20-O-11]
Any person, partnership, association, fraternity, sorority
or corporation owning, keeping, harboring or acting as custodian of
an animal.[5]
[Added 10-27-2020 by Ord. No. 20-O-11]
A public nuisance animal is any animal which unreasonably:
A public nuisance animal includes any animal that:
Is repeatedly found at large;
Permanently damages the property of anyone other than its owner;
Molests or intimidates pedestrians or passersby;
Chases vehicles;
Excessively makes disturbing noises ( including, but not limited
to, continued and repeated howling, barking, whining, or other utterances)
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored;
Causes fouling of the air by odor and causing thereby unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored;
Causes unsanitary conditions in enclosures or surroundings where
the animal is kept or harbored;
By virtue of the number or types of animals maintained, is offensive
or dangerous to the public health, safety, or welfare;
Attacks other domestic animals; or
Has been found by the County Commission for Animal Control,
after notice to its owner and a hearing, to be a public nuisance animal
by virtue of being a menace to the public.
Any unsanitary, dangerous, or offensive condition occurring
on any premises or animal holding facility caused by the size, number,
or types of animals maintained, kept or harbored. A public nuisance
condition shall be deemed to exist on any premises on which cruelty
exists.[6]
[Added 10-27-2020 by Ord. No. 20-O-11]
Monday through Friday inclusive, excluding municipal, state
or national holidays.[7]
Animals not commonly kept as pets that are generally found
living in a natural habitat, and are not tamed, domesticated, or socialized
in any manner.
[Added 4-24-2001 by Ord. No. 01-O-3;
amended 10-27-2020 by Ord. No. 20-O-11]
[1]
Editor's Note: This ordinance also amended the title of this
chapter, which was formerly Dogs and Other Animals.
[2]
Editor's Note: The former definition of "Board," which immediately
followed this definition, was repealed 10-9-2012 by Ord. No. 12-O-09,
and the former definition of "Chairperson," which immediately followed
this definition, was repealed 10-27-2020 by Ord. No. 20-O-11.
[3]
Editor's Note: The former definition of "farm animal," as
amended, and which immediately followed this definition, was repealed
10-27-2020 by Ord. No. 20-O-11.
[4]
Editor's Note: The former definition of "nuisance," which
immediately followed this definition, was repealed 10-27-2020 by Ord.
No. 20-O-11. See now the definition of "public nuisance animal."
[5]
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.
[6]
Editor's Note: The former definition of "vicious animal,"
added 4-24-2001 by Ord. No. 01-O-3, and which immediately followed
this definition, was repealed 10-27-2020 by Ord. No. 20-O-11.
[7]
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 public nuisance, condition or public nuisance animal as defined in § 102-1 shall be a violation of this chapter.
[Amended 10-27-2020 by Ord. No. 20-O-11]
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 30 days in which to take action
to eliminate the violation.
[Amended 4-24-2001 by Ord. No. 01-O-3; 10-27-2020 by Ord. No.
20-O-11]
(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; 10-27-2020 by Ord. No.
20-O-11]
A.
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. This requirement that
a dog be leashed or caged when off premises does not apply to public
access areas identified as off-leash dog parks.
B.
It shall
be unlawful for a person to use a chain, rope, tether, leash, cable,
or other device to attach a dog to a stationary object or trolley
system. This prohibition shall not apply to temporary restraining
for a reasonable amount of time, not to exceed one hour, and/or during
a lawful animal event, such as walking on a leash, veterinary treatment,
grooming, training, or law enforcement activity, or if the dog's owner
or handler remains with the dog throughout the period of restraint
to ensure that cruel or nuisance conditions do not occur.
[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.
[Added 10-27-2020 by Ord. No. 20-O-11[1]]
All cats, dogs, and ferrets at least four months
of age or older shall be properly vaccinated against rabies while
kept within the City.
[1]
Editor's Note: This ordinance also repealed former § 102-5,
Complaints, as amended.
[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. The City
shall not be required to impound wildlife.
[Amended 10-27-2020 by Ord. No. 20-O-11]
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;
amended 10-27-2020 by Ord. No. 20-O-11]
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 deemed abandoned and shall become the property of the City.
B.
Ear-tipped,
free-roaming cats shall only be impounded at the discretion of the
Animal Control Officer in compliance with local regulations. Ear-tipped,
free-roaming cats that are trapped in the field shall be immediately
released at the location where they were trapped unless the cat shows
signs of disease or injury.
C.
Notwithstanding the provisions of Subsection A of this 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, provided that:
D.
Notwithstanding the provisions of Subsection A of this section, illegal, feral, exotic or dangerous 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]
[Added 10-27-2020 by Ord. No. 20-O-11[1]]
A.
Each owner
or custodian shall provide the following, in proper amount in consideration
of the species, age, condition, weight, and size, for each animal
in his or her care:
B.
No animal
shall be overdriven, overloaded, deprived of necessary sustenance,
tortured, tormented, mutilated, cruelly beaten, or otherwise physically,
psychologically, emotionally, or sexually abused, or cruelly killed.
C.
It shall
be unlawful for any person to:
(1)
Carry
an animal upon a vehicle in a manner that jeopardizes the animal's
health and/or safety or causes the animal unnecessary pain and suffering.
(2)
Leave
an animal unattended in a standing or parked vehicle in a manner that
jeopardizes the animal's health and/or safety or causes the animal
unnecessary pain and suffering. A police officer or Animal Control
Officer may use reasonable force to remove an animal left unattended
and shall not be held liable for any damages as a result of taking
such action to protect the animal's health and safety.
(3)
Give
or expose an animal to poison, ground glass, chemicals, or other harmful
substances with the intent that the animal ingest it. This will not
apply to rodenticide used in a responsible manner to destroy vermin.
Care must be taken to protect nontargeted species.
[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; 10-27-2020 by Ord. No.
20-O-11]
A.
At the
discretion of the Animal Control Officer, animals found to have entered
a dwelling or commercial building or found to be causing a nuisance
condition upon public property may be captured and removed if authorized
by state law.
B.
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, at their discretion, and if authorized
by state law, capture and remove such animal.
C.
Any animal
captured and removed under this section shall be handled or disposed
of in accordance with applicable state law and/or regulations.
[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.
Added 10-27-2020 by Ord. No. 20-O-11]
A.
Abandoned
animals may be placed for adoption with the City or an appropriate
agency, or transferred to the county animal shelter for disposition
as that agency deems appropriate.
B.
Any animal
surrendered by its owner to the City shall immediately become the
property of the City for final disposition.
[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.
[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.
