[Adopted 2-1-1939 by Ord. No. 12]
No hogs or pigs shall be raised or kept within
the corporate limits of Leonardtown, whether in pens or otherwise.
Any person, firm or corporation violating the
provisions of this article, shall, upon conviction, be subject to
a fine of not less than $5 and costs nor more than $25 and costs,
and when said fine and costs are not paid, the party convicted and
fined shall be committed to the St. Mary's County jail for a period
not exceeding 10 days or until discharged in due course of law.
[Adopted 12-28-1998 by Ord. No. 85]
As used in these regulations, the following
terms are defined below:
ANIMAL
Every domestic animal, including not but limited to dogs
and cats.
ANIMAL AT LARGE
Any animal off the premises of the owner and not under the
restraint of a person capable of controlling the animal.
ANIMAL CONTROL
St. Mary's County Animal Control; includes but shall not
be limited to any individual designated by the County Commissioners
to enforce these regulations and the State Code.
ANIMAL EXPOSED TO RABIES
Any animal which has been bitten by an animal which either
has rabies or has been in proximity or contact with an animal that
has 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 which has rabies. The determination
whether an animal is infected with rabies shall be made by the Health
Officer for St. Mary's County and the Maryland Department of Health
and Mental Hygiene.
ANIMAL SHELTER
Any facility operated by a municipal agency or its agents
for the purpose of impounding animals under the authority of these
regulations or the State Code for care, confinement, return to owner,
adoption or euthanasia.
ANIMAL/VETERINARY HOSPITAL
Any establishment maintained or operated by a licensed veterinarian
for the immunization, hospitalization, surgery or diagnosis, prevention
and treatment of diseases and injuries of animals.
ANIMAL WARDEN
Any Animal Warden employed by St. Mary's County Commissioners
to enforce these regulations and the State Code.
AUCTION
Any place or facility where animals are regularly bought,
sold or traded, except for those facilities otherwise defined in these
regulations.
CAGE
Any enclosure of limited space, enclosed on the bottom, top
and all sides by a wall or otherwise, in which animals are placed
for any purpose, including confinement or display.
COMMERCIAL ESTABLISHMENT
Any person, partnership or corporation or other legal entity
that has as its primary purpose the sale, transfer or conveyance of
any animal/animal services for money. It shall include but not be
limited to any pet shop, grooming shop, auction, zoological park,
circus, performing animal exhibition, boarding or breeding kennel/cattery
or any establishment with the purpose of training, leasing or selling
guard dogs. It shall not include animal hospitals, animal shelters
or humane society facilities.
COMMERCIAL KENNEL/CATTERY
Any establishment for the commercial breeding, boarding,
grooming, sale or training of dogs/cats for which a fee is charged,
provided that an animal hospital maintained by a licensed veterinarian
as part of the practice of veterinary medicine for the treatment of
animals shall not be considered a "commercial kennel/cattery."
CRUELTY
Any act or omission prohibited under §
40-7 below.
DOMESTIC ANIMAL
Any animal kept for pleasure rather than utility; an animal
of a species that has been bred and raised to live in or about the
habitation of humans and is dependent on people for food and shelter.
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
private property, a secured area or persons.
HUMANE ORGANIZATION
A nonprofit organization dedicated to the rescue, rehabilitation
and adoption of injured, lost or surrendered pets, assisting in low-cost
spay/neuter and the humane education of both adults and children.
OWNER
Any person, partnership or corporation owning, keeping or
harboring one or more animals. An animal shall be deemed to be harbored
if it is fed or sheltered for three consecutive days or more.
PET SHOP
Any person, partnership or corporation, whether operated
separately or in connection with another business enterprise that
buys any species of animal for resale of pets.
RESTRAINT
Any animal humanely secured by a leash or lead and/or under
the control of a responsible person and obedient to that person's
commands.
SANITARY
A condition of good order and cleanliness which minimizes
the probability of transmission of disease and/or the creation of
a public nuisance or health hazard.
STATE CODE
Any and all animal laws of the Annotated Code for the State
of Maryland.
VACCINATION
An antirabies vaccination using a vaccine type approved by
the Maryland State Department of Health and Mental Hygiene or the
Maryland Public Health Veterinarian.
WILD ANIMAL
Domesticated animals that roam at large, prey on other animals
for food and do not reside with an owner.
The Emergency Management Director shall be responsible
for the enforcement of these regulations, including but not limited
to public safety, public nuisance, prevention of cruelty to animals
and minimum standards for animal care.
Every female dog or cat in season shall be humanely
confined in a building or secure enclosure in such a manner that such
female dog or cat cannot come in contact with an unneutered male of
the same species except for planned breeding. This does not exclude
normal waste elimination while under physical restraint and direct
supervision on the owner or custodian's property.
No person shall keep or maintain any animal
in such manner as to cause or permit the animal to be a public nuisance.
A public nuisance is when an owner or custodian allows an animal to:
B. Damage the property of anyone other than its owner
or custodian.
C. Molest pedestrians or passersby.
D. Intimidate pedestrians or passersby. "Intimidation"
is defined as a reasonable, prudent person under same and/or similar
circumstances, and whether that person would have been intimidated
by the actions of the animal in question.
F. 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.
G. 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 or harbored.
H. Defecate on public property or urinate or defecate
on private property.
Any fees established within these regulations
may be evaluated and adjusted annually.
The fines for violations are as follows:
Description of Violation
|
Fine
|
---|
Interference with a Warden
|
$50.00
|
Rabies prevention
|
|
Failure to vaccinate
|
$25.00
|
Failure to quarantine
|
50.00
|
Failure to license
|
25.00
|
Animal care
|
25.00
|
(Per offense, not to exceed $100
per animal)
|
|
Animal at large
|
|
First offense
|
25.00
|
Second offense
|
50.00
|
All subsequent violations (per animal)
|
100.00
|
Female in season
|
35.00
|
Public nuisance
|
50.00
|
Dangerous and/or vicious
|
|
First offense
|
50.00
|
Second offense
|
100.00
|
After second offense, animal will
be removed from the owner for public safety, and will be secured at
the Tri-County Animal Shelter pending an investigation.
|
|
No statement, provision or regulations set forth
herein shall be construed to prevent the County Commissioners of St.
Mary's County, Maryland, or the Town of Leonardtown from entering
into a contract with any outside service for the administration of
all or any portion of these regulations.
All other regulations of St. Mary's County or
the Town of Leonardtown that are in conflict with these regulations
are hereby repealed to the extent of such conflict.
If any part of these regulations shall be held
invalid, such part shall be deemed severable, and the invalidity thereof
shall not affect the remaining parts of these regulations.