[HISTORY: Adopted by the Commissioners of the Town of Princess Anne as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise from barking dogs — See Ch. 101, § 101-2.
[Adopted 12-4-1991 as Ch. VII, Art. 6 of the 1991 Code]
No person shall:
A. 
Overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate or needlessly kill or carry or transport in any vehicle or other conveyance in a cruel and inhuman manner any animal or cause any of these acts to be done.
B. 
Fail to provide any animal in his or her charge or custody with necessary sustenance, drink and protection from the elements or cause any of these acts to be done.
C. 
Abandon any animal or cause such act to be done.
D. 
Maintain any place or engage in any activity where fowls or other animals are suffered to fight for exhibition or sport.
[Amended 12-5-1994 by Ord. No. 94-12]
E. 
Poison any dog or dogs or distribute poison in any manner whatsoever with the intent or for the purpose of poisoning any dog or dogs.
F. 
Frighten, shoot at, wound, kill, take, capture, ensnare, net, trap or in any other manner molest or injure any robin, lark, whippoorwill, finch, sparrow, thrush, wren, martin, swallow, snowbird, bobolink, red-winged blackbird, crow, raven, oriole, kingbird, mockingbird, song sparrow or other songbird or insectivorous bird or in any manner molest or injure the nest eggs or young of any such bird or have in his or her possession the nest eggs, young or body of such bird.
G. 
Exhibit any stud horse or bull or other animal indecently, nor shall any person let any male animal to any female animal unless the same is done in some place wholly enclosed and out of public view.
[Added 11-14-2005 by Ord. No. 2005-3]
A. 
No person shall own more than a total of five animals within the Town without a valid permit issued by the Humane Society of Somerset County. The fee for the permit shall be $5, payable to the Humane Society of Somerset County. An application for such a permit shall be filed with the Humane Society of Somerset County and shall identify (1) the number and type of all animals the custodian proposes to keep; and (2) the property where such animals will be kept.
B. 
Such permit shall be issued when it has been determined by the Animal Control Officer or the Humane Society of Somerset County that:
(1) 
All sections of this Code have been satisfied;
(2) 
The size of the property and the shelter thereon are adequate for the number or type of animals the custodian proposes to keep on the property; and
(3) 
The number and type of all animals the custodian proposes to keep on the property will not have a material adverse effect on the neighboring properties or the general welfare of such animals.
C. 
Such permit may be revoked for failing to abate violations of this Code within 15 days of notice to the custodian of said violations(s) or in the event the custodian no longer satisfies the criteria upon which the permit was issued. If such permit is revoked, it small be the custodian's responsibility to reduce the number of animals to a permissible number, as set by the Animal Control Officer or Humane Society of Somerset County, after due consideration of the factors set forth in Subsection B above.
D. 
If the applicant has withheld or falsified any information on the permit application, the Humane Society of Somerset County shall refuse to issue a permit.
A violation of this article shall be declared a misdemeanor, and any person or persons, firm, association or corporation violating this article shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, General Provisions, § 1-5 of this Code.
[Adopted 11-7-1994 by Ord. No. 94-09; amended in its entirety by Ord. No. 2005-1]
A. 
It shall be unlawful for any owner or keeper of any dog to permit the same to run at large within the corporate limits of the Town of Princess Anne.
B. 
The term "at large" as used herein shall be defined as follows:
(1) 
Off the premises of the owner or keeper and not on a leash and not accompanied by the owner or keeper; or
(2) 
Not under control by means of personal presence and attention such as to control the conduct of the dog.
C. 
The Police Department of the Town of Princess Anne is charged with notifying the Somerset County Dog Control and a certified Animal Control Officer through the Humane Society of Somerset County for the enforcement of this article.
[Amended 11-14-2005 by Ord. No. 2005-3]
D. 
Any owner or keeper responsible for any dog found running at large, as herein defined, within the corporate limits of the Town of Princess Anne shall be deemed guilty of a misdemeanor and, on conviction thereof, shall pay a fine as provided in Chapter 1, General Provisions, § 1-5.
A. 
The purpose of this section is to promote the public health, safety, and general welfare of the citizens of the Town of Princess Anne. It is intended to be applicable to those dogs deemed to require preventive measures under the guidelines set forth herein, and to ensure responsible handling by their owners through secure confinement and liability insurance. The Town of Princess Anne Police Department (Town Police Department) is designated as the lead agency charged with the administration and enforcement of this section.
B. 
Any officer of the Princess Anne Police Department shall have the authority to designate a dog as a "dog requiring preventive measures" and to require the owner or custodian of the dog to comply with specific preventive measures, as described in § 41-5, taking into consideration the circumstances set forth in this section.
C. 
A dog requiring preventive measures is any dog that because of its aggressive nature, training, or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. In determining whether a dog should be deemed a "dog requiring preventive measures" the following circumstances shall be considered:
(1) 
Whether the dog has bitten a human being or domestic animals without provocation or without a trespass, and the person bitten does not ordinarily reside on the premises;
(2) 
Whether the dog is kept primarily or in part for the purpose of dog fighting or the dog has been trained for aggressive attacks;
(3) 
Whether the dog, without provocation or a trespass, has approached a person in an apparent attitude of attack;
(4) 
Whether the individual dog has a known propensity, reputation or tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
(5) 
The likelihood that the conditions pertaining to the particular dog and the dogs confinement are detrimental to the safety or welfare of citizens or the peace and tranquility of citizens in the immediate surrounding area;
(6) 
If there is a child under the age of seven who lives in close proximity, or children walk by or are otherwise in close proximity, to the property occupied by the dog;
(7) 
The behavior, size, temperament, breed, capacity for inflicting serious injury, the number of dogs or other such similar factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation; and
(8) 
The adequacy of any existing enclosure or confinement.
D. 
The provisions of this section shall not apply to dogs utilized by law enforcement officers in the performance of their duties.
E. 
This section shall not limit the authority of the Princess Anne Police Department to declare any animal vicious and order its removal from the Town limits.
A. 
If the Police Chief determines that the circumstances require special, preventive measures, then the Princess Anne Police Department shall have the authority to require appropriate, specific preventive measures which may include, but are not limited to, the following:
(1) 
Necessary repairs for any existing fence or enclosure;
(2) 
Measures to ensure that a gate will remain closed;
(3) 
Display of a sign on the premises warning of the dog;
(4) 
A fence or secure dog fence as described below; or
(5) 
Any other similar device such as an electronic fence, that would provide greater assurance for the confinement of the dog; and
(6) 
May require the owner to tattoo the dog at the owner's expense if that is necessary for identification, investigative or enforcement purposes.
B. 
A fence shall be at least a minimum of four feet high and constitute a secure-enough enclosure sufficient to contain the dog at all times. The minimum size of the enclosure may be at least 120 square feet. If the dog is over 15 inches at the shoulder or deemed capable of climbing a standard four-foot fence; then the Police Chief may require a six-foot fence or may require an enclosure of up to 160 square feet. The location of the enclosure shall be at the approval of the Police Chief.
C. 
A secure dog fence means a fence, as immediately described above, and that is enclosed on all six sides, including the top. The bottom shall be concrete unless the sides of the fence are buried one foot deep in a hard-packed soil.
D. 
The Princess Anne Police Department may, in its discretion, grant extensions of time to comply with orders issued hereunder, if it determines that the owner is proceeding in good faith to implement the preventive measures.
The owner or keeper of a dog which has been designated as requiring preventive measures shall notify the Town Police Department immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
A. 
Upon determining that a dog requires preventive measures, the Police Chief shall notify the owner by written order served by certified mail, personal delivery or posting on the premises of the dog's designation. The order shall state the reasons that preventive measures are required, identify the specific preventive measures that must be implemented and the designated time period within which to comply with the written order. The order shall also inform the dog owner of the right to request a review of the order.
B. 
The owner may request, in writing, a review of the determination or the imposition of specified preventive measures. The request must be filed with the Town Manager within five days of the service or posting of the order. The Town Manager or his designee shall conduct the review of the order. The review may be done on the basis of the written material and information received from the Princess Anne Police Department regarding the order and any documentation or information which the owner may wish to submit.
C. 
The decision of the Town Manager or his designee shall be final.
It shall be unlawful for any owner of a dog to fail to comply with the terms of an order issued pursuant to §§ 41-4 through 41-7. Any dog found to be in violation of such an order shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in the order shall result in the revocation of the dog's license and the permit providing for the keeping of such animal.