ARTICLE 12. ANIMALS
Title1. IN GENERAL
2. PERMITS AND LICENSES 3. ANIMAL WELFARE 4. DOGS AND CATS 5. RABIES 6. HOLDING FACILITIES 7. WILD ANIMALS 8. DANGEROUS ANIMALS
TITLE 1. IN GENERAL
Section 12-1-101. Definitions12-1-102. Scope and exemption
12-1-103. Duties of the Animal Control Division 12-1-104. Public education
12-1-105. Fees
12-1-106. Zoning compliance 12-1-107. Enforcement
12-1-108. Animal control officers 12-1-109. Surrender of an animal 12-1-110. Civil penalties
12-1-111. Penalty for conviction of cruelty to animals 12-1-112. Criminal penalties
12-1-113. Equitable relief
12-1-114. Appeal to the Board of Appeals
§ 12-1-101. DEFINITIONS.
(a) In general. In this article the following words have the meanings indicated. (b) Animal. “Animal” means any living, nonhuman, vertebrate creature. (c) Animal at large.
(1) (i) “Animal at large” means any animal off the premises of its owner and not under the control, charge, or possession of the owner or other responsible person.
(ii) “Animal at large” includes any dog off the premises of its owner and not under the control of the owner or other responsible person by a leash, cord, or chain.
(2) “Animal at large” does not include:
(i) A dog on the premises of another property owner with the permission of the property owner or lessee; (ii) A dog being used for hunting or trained for hunting; or
(iii) A dog within the fenced area of a designated Baltimore County dog park operated by the Department of Recreation and Parks.
(d) Animal Control Division. “Animal Control Division” means the division in the Health Department charged with enforcing the provisions of this article. (e) Animal control officer.
(1) “Animal control officer” means the Baltimore County employee designated and supervised by the supervisor of the Animal Control Division to perform the duties described in this article.
(2) “Animal control officer” includes an authorized representative of the animal control officer.
(f) Animal Hearing Board. “Animal Hearing Board” means the Board established under Article 3, Title 3, Subtitle 4 of the Code for the purpose of hearing cases resulting from the enforcement of this article by the Animal Control Division.
(g) Animal shelter. “Animal shelter” means any facility owned or operated by the county or by a person under contract with the county for the care, confinement, adoption, euthanasia, or detention of animals in accordance with the authority of this article or state law.
(h) Bite contact. “Bite contact” has the meaning stated in COMAR 10.06.02.02. (i) Commercial kennel.
(1) “Commercial kennel” means an animal boarding place or other establishment for: (i) The commercial breeding of dogs or cats; or
(ii) The boarding, grooming, sale, or training of dogs or cats for which a fee is charged. (2) “Commercial kennel” does not include a:
(ii) Fancier kennel or cattery.
(j) Commercial stable. “Commercial stable” means a facility that: (1) With or without charge, provides;
(i) Riding instruction on horses, ponies, donkeys, mules, or burros; or (ii) Boarding for horses, ponies, donkeys, mules, or burros;
(2) Offers horses, ponies, donkeys, mules, or burros for hire; or
(3) Is engaged in the business of buying, selling, or trading horses, ponies, donkeys, mules, or burros. (k) Custodian. “Custodian” Has the meaning stated in COMAR 10.06.02.02.
(l) Domestic animal.
(1) (i) “Domestic animal” means an animal that is accustomed to live in or about the habitation of humans. (ii) “Domestic animal” includes cats, dogs, cows, fowl, ferrets, horses, or swine.
(2) “Domestic animal” does not include a wild animal.
(m) Fancier. “Fancier” means a person who owns or keeps more than three dogs or cats for noncommercial purposes, including hunting, practice tracking, or exhibition in dog or cat shows or field or obedience trials.
(n) Fancier kennel or cattery. “Fancier kennel or cattery” means a kennel or cattery maintained by a fancier for the maintenance or training of the dog or cat owned or kept by the fancier.
(o) Feral dog or cat. “Feral dog or cat” has the meaning stated in COMAR 10.06.02.02.
(p) Grooming parlor. “Grooming parlor” means a commercial establishment, whether stationary or mobile, where animals are bathed, clipped, or otherwise groomed.
(q) Health Officer. “Health Officer” means the County Health Officer or the Health Officer's designee. (r) Holding facility.
(1) “Holding facility” means any animal shelter, commercial kennel, commercial stable, grooming parlor, humane animal shelter, or pet shop. (2) “Holding facility” includes, for licensing purposes only, a fancier kennel or cattery which is operated from the fancier's home.
(s) Humane animal shelter. “Humane animal shelter” means a facility owned or operated by a humane organization, incorporated in the state, for the care, confinement, euthanasia, or adoption of animals.
(t) Humane organization. “Humane organization” means an organization for the humane treatment of or the prevention of cruelty to animals. (u) Non-bite contact. “Non-bite contact” has the meaning stated in COMAR 10.06.02.02.
(v) Livestock.
(1) “Livestock” means domestic animals generally collected, used, or raised on a farm or ranch, including cattle, sheep, swine, goats, or horses. (2) “Livestock” does not include Asian pot-bellied pigs.
(w) Owner.
(1) “Owner” means a person owning, keeping, harboring, or acting as custodian of a domestic animal.
(2) “Owner” includes a minor's parent, guardian, or another adult with whom the minor resides, if the minor owns the animal. (x) Pet shop.
(1) “Pet shop” means a person or establishment that sells or offers to sell animals, whether as owner, agent, or on consignment, to the general public. (2) “Pet shop” does not include a horse farm licensed by the state.
(y) Protection-trained dog. “Protection-trained dog” means a dog that has received or been the subject of protection training. (z) Protection training. “Protection training” means a method of training through the use of agitation, sleeve, or wrap. (aa) Research institute. “Research institute” has the meaning stated in § 101 of the Baltimore County Zoning Regulations.
(bb) Veterinary hospital. “Veterinary hospital” means an establishment maintained or operated by a veterinarian for immunization, hospitalization, surgery, or diagnosis, prevention, and treatment of disease and injuries of animals.
(cc) Wild animal.
(1) “Wild animal” means any animal of a species that in the natural life of the species is wild, dangerous, or ferocious. (2) “Wild animal” includes an animal trained or domesticated by the owner that remains dangerous to the general public.
(1988 Code, §§ 6-1, 6-13, 6-61, 6-154, 6-258) (Bill No. 211, 1990, § 1; Bill No. 69-95, § 4, 1995; Bill No. 146-97, § 1, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-7-1-2004; Bill No. 108-06, § 1, 10-16-2006; Bill No. 7-08, §§ 1, 2, 3-30-2008)
Annotation–Former § 6-1 of the code (1988) cited in Marzullo v. Kahl, 366 Md. 158, 783 A.2d 169 (2001).
§ 12-1-102. SCOPE AND EXEMPTION.
(a) Scope. Except as provided in subsection (b) of this section, this article applies to a person who owns, leases, harbors, shelters, or controls an animal in the county, whether the person is a resident of the county or not.
(b) Exemption.
(1) In this subsection, “farm animal” means an animal being maintained for the production of food, food products, and fiber.
(2) This article does not apply to farm animals except as provided in §§ 12-3-103 and 12-3-208 of this article regarding cruelty to animals. (1988 Code, §§ 6-1, 6-4, 6-61) ( Bill No. 69-95, § 4, 7-1-1995; Bill No. 146-97, § 1, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001)
§ 12-1-103. DUTIES OF THE ANIMAL CONTROL DIVISION. The Animal Control Division shall:
(1) Enforce the provisions of this article and the provisions of state law applicable to animal control; and
inspectors in personnel classifications that are or shall be established, to enforce the provisions of this article and the provisions of state law applicable to animal control.
(1988 Code, § 6-42) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001)
§ 12-1-104. PUBLIC EDUCATION.
The County Administrative Officer may cause to be instituted a public education program to inform owners of: (1) The responsibilities of animal ownership;
(2) The proper care of animals; and (3) The provisions of this article. (1988 Code, § 6-5) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-1-105. FEES.
Except as otherwise provided in this article, the County Administrative Officer shall establish and from time to time review all fees under this article. (1988 Code, § 6-6) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-1-106. ZONING COMPLIANCE.
No provision of this article may supersede the County Zoning Regulations. (1988 Code, § 6-8) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-1-107. ENFORCEMENT.
(a) Health officer - General enforcement power. Except as provided in this article, the Health Officer shall enforce the provisions of this article.
(b) Same - Specified authority. In the interests of public safety, health, and general welfare and to interpret, implement, and further the intent of this article, the Health Officer may adopt rules and regulations and create, prepare, and implement any procedures the Health Officer considers appropriate and necessary. (c) Supervisor of animal control to issue orders. The supervisor of animal control or the supervisor’s designee shall issue all notices and orders necessary and appropriate to ensure compliance with this article.
(1988 Code, § 6-2) (Bill No. 69-95, § 4, 7-1-1995; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
§ 12-1-108. ANIMAL CONTROL OFFICERS.
(a) Authority to enter premises. Subject to subsection (b) of this section, an animal control officer may enter on any property where the animal control officer has probable cause to believe that entry is necessary for the purpose of discharging the duties imposed on the animal control officer under this article, including for the purpose of impoundment under Title 3, Subtitle 2 of this article.
(b) Warrant. Absent exigent circumstances, subject to approval of the supervisor of animal control or the supervisor’s designee, an animal control officer may request the Office of Law to seek in a court of competent jurisdiction a search and seizure warrant to allow entry into any private building or other enclosure subject to appropriate legal procedure and limitations.
(c) Due process. Nothing in this section may be construed to permit the entry into a private building or other enclosure without due process of law. (1988 Code, § 6-3) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
§ 12-1-109. SURRENDER OF AN ANIMAL.
(a) Authority of the Board to order an animal removed from the county. The Animal Hearing Board may order an animal removed from the county or surrendered to the Animal Control Division:
(1) When cruelty to an animal is substantiated; and (2) For repeated violations of this article.
(b) Action on failure of owner to comply. If an owner fails to comply with an order issued under subsection (a) of this section within 5 business days after notification, the Animal Control Division may initiate an action to obtain a court order authorizing the Animal Control Division to execute the order.
(c) Animal Control Division to hold animals for 30 days. An animal surrendered to the Animal Control Division shall remain at the animal shelter: (1) For a minimum of 30 days; and
(2) Until expiration of the appeal rights of the animal's owner.
(1988 Code, § 6-65) (Bill No. 212, 1991, § 1; Bill No. 69-95, § 4, 7-1-1995; Bill No. 146-97, § 1, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
(a) Notice - Authority to issue. The Health Officer may issue a violation notice to any person found in violation of this article. (b) Same - Content. The notice shall impose a civil monetary penalty as provided in subsection (f) of this section.
(c) Violator may pay the penalty or request a hearing.
(1) Within 5 business days after receiving the notice issued under this section, the violator may: (i) Pay the civil monetary penalty to the county in full satisfaction of the assessed penalty; or (ii) Request in writing to the Health Officer, a hearing before the Animal Hearing Board.
(2) A request for a hearing shall specify the violation contested, the date of the violation contested, and the reason for contesting the notice. (d) Failure to request a hearing. If a violator fails to request a hearing within 5 business days after receiving the notice issued under this section: (1) The violator is deemed to have waived the right to a hearing; and
(2) The Health Officer may establish the appropriate civil penalty. (e) Hearing.
(1) The Animal Hearing Board shall conduct a requested hearing and, guided by rules adopted by the Board, shall make findings of fact and conclusions of law.
(2) The Animal Hearing Board may: (i) Dismiss the violation notice; or
(ii) Affirm the violation notice and determine: 1. An appropriate civil penalty; and
2. Other remedies as it considers appropriate. (f) Penalties.
(1) (i) Except as provided in subparagraph (ii) and (iii) of this paragraph and paragraph (2) of this subsection, on adjudication, the penalty for: 1. A first violation of this article is $25; and
2. Repeated violations of this article is $100.
(ii) The penalty for cruelty to animals is $100 per occurrence and $100 per day as long as the conditions exist. (iii) The penalty for failure to obtain a license for a dog or cat, as required by § 12-2-201, is $100.
(iv) Each day of violation shall be considered a separate offense.
(2) (i) The penalty for failure to sterilize an animal adopted under § 12-3-204 of this article is $100 per occurrence.
(ii) Each 30-day period after the issuance of the first violation notice issued under this paragraph during which the owner of the animal fails to sterilize the animal as required under § 12-3-204 of this article shall constitute a separate occurrence.
(g) Additional remedies.
(1) The Health Officer may pursue a civil action for appropriate legal relief, including the collection of a civil penalty or for any equitable relief that the Health Officer considers appropriate.
(2) A remedy for a violation is not deemed exclusive unless it is deemed exclusive as a matter of law.
(1988 Code, § 6-9) (Bill No. 212, 1991, § 1; Bill No. 69-95, § 4, 7-1-1995; Bill No. 146-97, § 1, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 55-02, § 1, 6-21-2002; Bill No. 72-03, § 24, 7-1-2004; Bill No. 80-07, § 1, 5-1-2008)
Editor’s note:
Section 2 of Bill No. 80-07 provides that this Act shall take effect on May 1, 2008.
§ 12-1-111. PENALTY FOR CONVICTION OF CRUELTY TO ANIMALS.
(a) Application. This section applies to a person convicted of cruelty to animals under §§ 10-601 through 10-608 of the Criminal Law Article of the Annotated Code of Maryland.
(b) Ineligibility for a license. If a person is convicted of cruelty to animals:
(1) If applicable, the Health Officer may request the Department of Permits, Approvals and Inspections to revoke the person’s holding facility licenses for a period not exceeding 1 year following conviction; and
(2) The person is ineligible to hold a holding facility license for a period of 1 year following the date of conviction.
(c) Revocation or nonissuance may be contested. Any revocation or nonissuance initiated under this section may be contested under the provisions of this article.
(1988 Code, § 6-9) (Bill No. 212, 1991, § 1; Bill No. 69-95, § 4, 7-1-1995; Bill No. 146-97, § 1, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004; Bill No. 122-10, §§ 5, 30, 1-16-2011)
§ 12-1-112. CRIMINAL PENALTIES.
A person who violates any provision of this article is guilty of a misdemeanor. (1988 Code, § 6-10) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-1-113. EQUITABLE RELIEF.
(a) In general. In addition to any other remedy authorized by law, the county may maintain an action in a court of competent jurisdiction for an injunction: (1) Enjoining a violation of this article or a provision of the county code relating to animals; and
(2) Requiring the restoration of a property, to the extent possible, to its condition before the violation, including removal of the source of the violation.
(b) Securing compliance. The court may secure compliance with an injunction issued under this section by using the methods authorized under Article 3, Title 6, Subtitle 4 of the Code.
(1988 Code, § 1-7.1) (Bill No. 181-95, § 1, 12-28-1995; Bill No. 46-96, §§ 1, 2, 1-1-1997; Bill No. 39-97, § 3, 6-6-1997; Bill No. 3-00, § 4, 7-1-2004)
§ 12-1-114. APPEAL TO THE BOARD OF APPEALS.
(a) Application. This section does not apply to Title 8 of this article.
(b) Authority to appeal. In accordance with § 3-5-104 of the Code, a violator may appeal a decision of the Animal Hearing Board to the Board of Appeals. (c) Requirements must be satisfied. The Board of Appeals may not hear an appeal unless each of the procedural requirements of this section is satisfied. (d) Notice of appeal to be filed.
(1) The violator shall file the written notice of appeal and petition with the Animal Hearing Board. (2) The Animal Hearing Board shall forward the file to the Board of Appeals.
(e) Contents of petition. The violator shall file a petition with the notice of appeal setting forth with reasonable particularity the grounds for the appeal, including:
(1) The error committed by the Animal Hearing Board; (2) The relief sought; and
(3) The reasons why the relief sought should be granted.
(f) Filing fee. A $75 filing fee shall accompany the notice of appeal and petition. (g) Hearing on the record.
(1) The hearing before the Board of Appeals shall be limited to the record created before the Animal Hearing Board, which shall include: (i) The recording of the testimony presented to the Animal Hearing Board;
(ii) All exhibits and other papers filed with the Animal Hearing Board; and (iii) The written findings of the Animal Hearing Board.
(2) If the violator requests a transcription of the recording, the violator shall pay the cost of the transcription. (h) Decision of the Board.
(1) The Board of Appeals may:
(i) Remand the case to the Animal Hearing Board; (ii) Affirm the decision of the Animal Hearing Board; or
(iii) Reverse or modify the decision of the Animal Hearing Board if a finding, conclusion, or decision of the Animal Hearing Board: 1. Exceeds the statutory authority or jurisdiction of the Animal Hearing Board;
2. Results from an unlawful procedure; 3. Is affected by any other error of law;
4. Subject to paragraph (2) of this subsection, is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or
5. Is arbitrary or capricious.
(2) The unavailability of a recording of the Animal Hearing Board hearing is not grounds for reversal of the decision of the Animal Hearing Board. (1988 Code, § 6-9.2) (Bill No. 63-01, § 3, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004)
TITLE 2. PERMITS AND LICENSES
SectionSubtitle 1. In General
12-2-101. Authority of the Department of Permits, Approvals and Inspections 12-2-102. Qualifications
12-2-103. Applications for licenses 12-2-104. Prohibited acts
Subtitle 2. Dogs and Cats
12-2-201. License - Required; exceptions 12-2-202. Same - Service dogs and police dogs 12-2-203. Same - Application
12-2-204. Same - Fees
12-2-205. Same - Tag and certificate 12-2-206. Same - Wearing of license tags 12-2-207. Same - Prohibited acts
Subtitle 3. Canine Guards
12-2-301. Permit required
12-2-302. Same - Application and issuance 12-2-303. Same - Notifying Fire Department 12-2-304. Protection-trained dog warning
Editor's note:
Ann. Code of Md. art. 56, § 12, prohibiting the local imposition of license fees for businesses and occupations subject to state license fees, was expressly
Charter references:
Department of permits and licenses, § 528 et seq.
County board of appeals to exercise functions and powers of board of license appeals, § 602(b)
SUBTITLE 1. IN GENERAL
§ 12-2-101. AUTHORITY OF THE DEPARTMENT OF PERMITS, APPROVALS AND INSPECTIONS.
The Department of Permits, Approvals and Inspections may issue all licenses and permits required under this article, on receipt and approval of a license or permit application.
(1988 Code, § 6-91) (Bill No. 69-95, § 4, 7-1-1995; Bill No. 3-00, § 4, 7-1-2004; Bill No. 122-10, §§ 5, 30, 1-16-2011)
§ 12-2-102. QUALIFICATIONS.
(a) Zoning requirements. An application for a license or permit issued under this article is subject to the County Zoning Regulations.
(b) Requirement to refuse a license. The Department of Permits, Approvals and Inspections shall refuse to issue a license or permit if the applicant is or would be in violation of any provision of:
(1) This article; or
(2) The Baltimore County Zoning Regulations.
(1988 Code, §§ 6-91, 6-93) (Bill No. 69-95, § 4, 7-1-1995; Bill No. 3-00, § 4, 7-1-2004; Bill No. 122-10, §§ 5, 30, 1-16-2011)
§ 12-2-103. APPLICATIONS FOR LICENSES.
(a) License and permit year. The license and permit year is the fiscal year July 1 through June 30. (b) Time for application. An application for a license or permit may be made without a penalty: (1) 60 days before and 30 days after the start of the license year;
(2) Within 30 days after the establishment of residence within the county; (3) Within 30 days after procurement of a dog or cat; or
(4) By the time the dog or cat is 4 months old. (c) Fees.
(1) The Department of Permits, Approvals and Inspections may charge a fee for a license or permit issued under this article. (2) The charge for issuance of a license after a late application is an additional penalty of 50% of the full annual license fee. (1988 Code, § 6-91) (Bill No. 69-95, § 4, 7-1-1995; Bill No. 3-00, § 4, 7-1-2004; Bill No. 122-10, §§ 5, 30, 1-16-2011)
§ 12-2-104. PROHIBITED ACTS.
(a) Acting without a license. Except as otherwise provided in this article, unless a person has received a license or permit from the Department of Permits, Approvals and Inspections, the person may not:
(1) Own or harbor an animal for which a license or permit is required; or (2) Operate a holding facility.
(b) Fraudulent use of a license.
(1) Except in the case of a transfer under this article, a person may not use for any dog or cat, a license certificate, license tag, or inoculation certificate issued to another person for a dog or cat.
(2) A person may not use for any holding facility, a license certificate issued to another person for a holding facility. (1988 Code, §§ 6-91, 6-92) (Bill No. 69-95, § 4, 7-1-1995; Bill No. 3-00, § 4, 7-1-2004; Bill No. 122-10, §§ 5, 30, 1-16-2011)
SUBTITLE 2. DOGS AND CATS
§ 12-2-201. LICENSE - REQUIRED; EXCEPTIONS.
(a) In general. Except as otherwise provided in this subtitle, a person who owns a dog or cat shall have the dog or cat licensed as provided in this title when the dog or cat reaches 4 months old.
(b) Exceptions - In general. This section does not apply to a dog or cat included as part of: (1) A commercial kennel, fancier kennel or cattery, or pet shop;
(2) A research institute where bona fide medical or related dental, veterinarian, pharmaceutical, or biological research is being conducted; or (3) Any animal shelter operated by the state or local government, or which is licensed by federal law or which is excluded from holding facility licensing requirements of this article.
(1) This section does not apply to a dog or cat belonging to a nonresident of the county and kept within the boundaries of the county for 30 days or less.
(2) A dog authorized to be in the county as provided in this subsection shall at the time of entry into the county have been properly vaccinated against rabies and, while kept within the county, shall meet all of the requirements of this article.
(1988 Code, §§ 6-111, 6-114) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 2, 8-10-2001; Bill No. 7-08, § 3, 3-30-2008)
Annotation–Section 6 of Bill 63-01 states: “[i]t is the intention of this Act to require the owner or custodian of farm cats to obtain a license for each cat as if
the cat were a domestic animal.”
§ 12-2-202. SAME - SERVICE DOGS AND POLICE DOGS.
An owner of a service dog or a dog used as a governmental police dog is exempt from the fee requirements of this subtitle. (1988 Code, § 6-115) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 72-03, § 26, 7-1-2004)
§ 12-2-203. SAME - APPLICATION.
(a) Contents. The application for a dog or cat license shall require the applicant to state:
(1) The name, address, telephone number, and election district of the owner of the dog or cat; (2) The name, breed, color, age, and sex of the dog or cat;
(3) Whether the dog or cat is sterilized or unsterilized; and
(4) If applicable, that the dog is a protection-trained dog or canine guard. (b) Proof of rabies inoculation.
(1) (i) Except as provided in paragraph (2) of this subsection, an owner shall submit with an application a valid certificate of rabies inoculation or other evidence of vaccination issued by:
1. A veterinarian; or
2. Anti-rabies clinic recognized by the Health Officer.
(ii) The certificate or other evidence shall state the vaccination date, expiration date, and type of vaccine used.
(2) The owner may submit an exemption letter from a veterinarian instead of the rabies vaccination certificate when, in the opinion of the veterinarian, rabies inoculation is not advisable due to the impaired physical condition of the animal.
(c) Proof of sterilization. If the owner claims that a dog or cat is sterilized, the owner shall present a certificate of sterilization from a veterinarian which shall include a description of the dog or cat, and state the name, breed, color, age, and sex of the dog or cat.
(1988 Code, §§ 6-112, 6-113) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 26, 7-1-2004)
§ 12-2-204. SAME - FEES.
(a) Established by the County Administrative Officer. The County Administrative Officer shall establish the license fee which shall be the same for both dogs and cats within the categories established by this subtitle.
(b) Sterilized/unsterilized differential.
(1) There shall be a higher license fee for unsterilized dogs or cats than for sterilized dogs or cats. (2) The differential shall be in a ratio of not less than two to one (2:1).
(c) Later sterilized dog or cat.
(1) If an unsterilized dog or cat is sterilized after being licensed, the owner of the dog or cat is eligible for a rebate in the amount of the difference between license fees for unsterilized and sterilized dogs or cats.
(2) The rebate shall be paid on application to the Department of Permits, Approvals and Inspections.
(1988 Code, § 6-113) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 26, 7-1-2004; Bill No. 122-10, §§ 5, 30, 1-16-2011)
§ 12-2-205. SAME - TAG AND CERTIFICATE.
(a) Evidence of ownership. A license certificate issued by the county and the certificate stub retained by the county shall be accepted as prima facie evidence of ownership.
(b) Replacement of lost tag. For a fee, the county shall issue a tag to the owner of a dog or cat to replace a lost tag when the owner provides a copy of the original certificate.
(c) Transfer of license.
(1) (i) A person may not sell or transfer a dog or cat over 4 months old without its license certificate and tag.
(ii) The previous owner shall report a sale or transfer to the county, together with the name and address of the new owner.
(2) The new owner of the dog or cat sold or transferred shall apply to the county for a new license for the balance of the license year, for which there shall be no charge.
(1988 Code, § 6-114) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 72-03, § 26, 7-1-2004)
A license tag shall be securely affixed to a collar, harness, or other device on an individual dog or cat and shall be worn at all times by the dog or cat except while the dog or cat:
(1) Remains indoors or in any enclosed yard or pen;
(2) Attends training classes, dog or cat shows, competitions, or obedience or field trials; or (3) Is hunting, while accompanied by the owner.
(1988 Code, § 6-116) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 72-03, § 26, 7-1-2004)
§ 12-2-207. SAME - PROHIBITED ACTS.
(a) Owning dog or cat without a license. A person may not own, keep, or harbor an unlicenced dog or cat over 4 months old within the county. (b) Person not the owner taking out a license. It is unlawful for any person other than the owner to take out a license for a dog or cat.
(1988 Code, §§ 6-111, 6-114) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 26, 7-1-2004)
SUBTITLE 3. CANINE GUARDS
§ 12-2-301. PERMIT REQUIRED.
Each owner and handler of a canine guard placed in or on any commercial premises or property in the county shall apply for a permit to handle a canine guard. (1988 Code, § 6-150) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-2-302. SAME - APPLICATION AND ISSUANCE.
(a) Application. The application for a permit shall require the applicant to state: (1) The owner's name, address, and emergency telephone number; (2) The handler's name, address, and emergency telephone number; and (3) Other means of communication.
(b) Issuance. A permit shall be issued and a number assigned to each applicant. (c) Permit year. The permit shall expire and be renewable on January 1 of each year. (d) No fee. There is no fee charged for issuing the permit.
(1988 Code, §§ 6-151, 6-152) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-2-303. SAME - NOTIFYING FIRE DEPARTMENT.
(a) Required. The permit holder shall notify the County Fire Department of the following information: (1) Each location at which it is intended to place a canine guard;
(2) Each location the services of a canine guard are terminated; and (3) Any change from that given on the permit holder's application.
(b) Not required. The permit holder is not required to provide the notice under subsection (a) of this section if the canine guard is leashed and under control of a competent individual on duty at all times the dog is uncaged.
(1988 Code, §§ 6-150, 6-152) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-2-304. PROTECTION-TRAINED DOG WARNING.
A person who keeps or harbors, whether as owner or custodian, one or more protection-trained dogs on the person's property or premises shall post at a conspicuous place readily noticeable from all normal and regular entrances to the property a conspicuous warning in letters not less than 4 inches high that protection-trained dogs are or could be present.
(1988 Code, § 6-149) (Bill No. 69-95, § 4, 7-1-1995; Bill No. 3-00, § 4, 7-1-2004)
TITLE 3. ANIMAL WELFARE
SectionSubtitle 1. Owner Responsibilities
12-3-101. Food and water
12-3-102. Manner of keeping animals generally 12-3-103. Cruelty; prohibited acts
12-3-104. Owner's liability for damage
12-3-105. Certificate of health for transfer of ownership 12-3-106. Animal waste
12-3-107. Disposal of dead animals 12-3-108. Menacing animals 12-3-109. Public nuisance animals 12-3-110. Animal at large prohibited 12-3-111. Collars and shelters
Subtitle 2. General Prohibitions and Requirements
12-3-201. Stray animals 12-3-202. Animal at large
12-3-203. Disposition of stray animal or animal at large 12-3-204. Adoption
12-3-205. Dead, injured, or stray animals on private property 12-3-206. Animal as prize or inducement; coloring
12-3-207. Trapping
12-3-208. Rodeos and similar events
SUBTITLE 1. OWNER RESPONSIBILITIES
§ 12-3-101. FOOD AND WATER.
(1) An owner of an animal shall supply the animal with good and wholesome food and potable water. (2) All food and water containers shall be clean and so placed that animals cannot readily tip them over. (1988 Code, § 6-201) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-3-102. MANNER OF KEEPING ANIMALS GENERALLY.
(a) Filth and stench prohibited. A person who keeps domestic animals or wild animals in a stable or outbuilding shall maintain the stable or outbuilding in a manner that will keep filth and stench from the stable or outbuilding from being offensive to a neighbor or other person.
(b) Misdemeanor. After notification by the Health Officer to correct the condition, a person who continues to violate subsection (a) of this section is guilty of a misdemeanor.
(1988 Code, § 6-202) (Bill No. 173, 1989, § 2; Bill No. 3-00, § 4, 7-1-2004)
§ 12-3-103. CRUELTY; PROHIBITED ACTS.
(a) Exception. This section does not apply to customary and normal veterinary and animal husbandry practices including dehorning, castration, docking, and limited feeding for diet purposes.
(b) Prohibited - Cruelty. A person may not:
(1) Beat, cruelly treat, torment, overload, overwork, or otherwise abuse any animal; or
(2) Cause, instigate, or allow any dogfight, cockfight, bullfight, calf roping, or other combat between animals or between animals and humans. (c) Same - Abandonment. A person may not abandon an animal on public or private property.
(d) Same - Selling young animals. A person may not sell or offer for sale: (1) Chickens, ducks, or other fowl, less than 3 weeks old;
(2) Rabbits less than 8 weeks old; or
(3) Except as provided by state law, puppies or kittens less than 8 weeks old. (1988 Code, §§ 6-4, 6-203) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001)
§ 12-3-104 OWNER'S LIABILITY FOR DAMAGE.
If an animal damages the body, clothing, or other property of any person, the owner or keeper of the animal is liable for the damages, unless the damages to the body or clothing of the person were sustained while the person was:
(1) Committing a trespass or other tort; or (2) Teasing, tormenting, or abusing the animal.
(1988 Code, § 6-204) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 72-03, § 27, 7-1-2004)
Editor's note:
In Gunpowder Horse Stables, Inc. v. State Farm Auto. Ins. Co., 108 Md. App. 612, 673 A.2d 721 (Md. App. 1996), the Maryland Court of Special Appeals
invalidated § 6-204 of the Baltimore County Code, 1988, a statutory precursor to this section, "as not being a 'local law' under Article XI-A of the Maryland Constitution." The Court stated that "a county may not create a new cause of action between private parties concerning matters of statewide concern."
(a) Exemption. The section does not apply to small rodents, including hamsters, gerbils, and guinea pigs.
(b) Required. A person may not sell or give away a dog, cat, primate, including a monkey or ape, or other mammal without a health certificate signed by a licensed veterinarian at the time of sale or transfer.
(c) Required statement. The owner of the animal or the owner's representative shall provide with the required health certificate a written statement indicating:
(1) The date of sale or transfer;
(2) The name, address, and telephone number of the owner;
(3) The name, address, and telephone number of the purchaser or recipient; (4) The breed and description of the animal; and
(5) Vaccinations and dates administered, showing that the animal is in a healthy condition. (1988 Code, § 6-205) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 72-03, § 27, 7-1-2004)
§ 12-3-106. ANIMAL WASTE.
The owner of an animal shall remove excreta deposited by the animal on public byways, recreational areas, or private property. (1988 Code, § 6-206) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 72-03, § 27, 7-1-2004)
§ 12-3-107. DISPOSAL OF DEAD ANIMALS.
(a) Required. The owner of a dead animal shall dispose of the animal at the owner's expense. (b) Prohibition. A person may not:
(1) Place, leave, or cause another person to place or leave the carcass of a dead animal in a street, alley, or on public property; or (2) Allow the carcass of a dead animal to remain on the person's property.
(1988 Code, § 6-207) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 72-03, § 27, 7-1-2004)
§ 12-3-108. MENACING ANIMALS.
(a) Authority. As an alternative to declaring an animal a dangerous animal, an animal control officer may declare an animal a menacing animal if the animal:
(1) Attacks or injures a domestic animal; or
(2) Exhibits aggressive or dangerous behavior and is not adequately confined or restrained. (b) Basis for declaration. The declaration shall be based on:
(1) Personal observation;
(2) Observations of animal control officers;
(3) Citizen affidavits concerning the citizen's personal experience with the animal; (4) Animal control records; or
(5) Other documented information. (c) Citation.
(1) If an animal is declared a menacing animal, the animal control officer shall issue a civil citation to the owner declaring the animal a menacing animal.
(2) The civil citation shall impose a civil monetary penalty of up to $250.
(d) Payment or appeal. In accordance with the provisions of § 12-1-110 of this article, the owner of the menacing animal shall pay the civil monetary penalty or request a hearing before the Animal Hearing Board.
(1988 Code, § 6-9.1) (Bill No. 32-01, § 1, 5-25-2001; Bill No. 72-03, § 30, 7-1-2004)
§ 12-3-109. PUBLIC NUISANCE ANIMALS.
(a) “Public nuisance animal” defined. In this section, “public nuisance animal” means an animal that: (1) Damages the property of a person other than its owner;
(2) Causes unsanitary conditions in or on public property; (3) Excessively makes disturbing noises;
(4) Chases passing vehicles; or
(5) Is an animal at large that is female dog or cat in heat.
(b) Prohibition. An owner of an animal may not allow it to be a public nuisance animal.
(1988 Code, §§ 6-1, 6-7) (Bill No. 69-95, § 4, 7-1-1995; Bill No. 146-97, § 1, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
§ 12-3-110. ANIMAL AT LARGE PROHIBITED.
(1988 Code, § 6-13) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001)
§ 12-3-111. COLLARS AND SHELTERS.
(a) Swivel device required. The owner of an animal that is attached to a chain, rope, or leash shall provide a swivel device at each end of the chain, rope, or leash to prevent choking.
(b) Collar material. Except when the animal is wearing a training collar during obedience training, a collar worn by an animal shall be leather, nylon, or plastic.
(c) Required shelter.
(1) The owner of an animal that is not kept within a home or building shall provide the animal with a suitable shelter to protect it from the wind, snow, rain, cold, and sunlight.
(2) The shelter shall have a floor, a roof, and four walls, one of which shall contain a doorway. (d) Authority of an animal control officer. An animal control officer may direct an owner to provide: (1) Veterinary examination and treatment; and
(2) Remedies to abate shelter conditions that adversely affect the health and well-being of an animal including: (i) Protection from the elements;
(ii) Hazardous conditions;
(iii) Methods of restraint or confinement; (iv) Wholesome food and potable water; and (v) Sanitary conditions.
(1988 Code, § 6-153) (Bill No. 212, 1991, § 1; Bill No. 3-00, § 4, 7-1-2004)
SUBTITLE 2. GENERAL PROHIBITIONS AND REQUIREMENTS
§ 12-3-201. STRAY ANIMALS.
(a) Requirement to turn in stray animals. Within 24 hours after picking up a stray animal, a person who picks up a stray animal shall turn the animal over to the Animal Control Division.
(b) 4-day holding period. The Animal Control Division shall keep the stray animal for a holding period of 4 business days, including Saturdays. (c) Person may claim the animal. Unless the stray animal is claimed by its owner, the person who turned the stray animal in to the Animal Control Division may claim the stray animal after the holding period.
(d) Rabies shot and license required. The Animal Control Division may not release the animal until the animal has received a rabies shot and a license. (1988 Code, § 6-12) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
§ 12-3-202. ANIMAL AT LARGE.
(a) Division or animal control officer to impound animal at large. The Animal Control Division or an animal control officer shall impound an animal at large and take the animal to a county animal shelter.
(b) 4-day holding period. Unless the owner of the animal claims and redeems the animal, the animal shall be confined in a humane manner for not less than 4 business days, including Saturdays.
(1988 Code, § 6-14) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
§ 12-3-203. DISPOSITION OF STRAY ANIMAL OR ANIMAL AT LARGE.
(a) Efforts to locate the owner. The Animal Control Division shall make all reasonable efforts to locate and notify the owner of the impounded stray animal or animal at large.
(b) Disposal of sick animal. If the owner of the impounded animal is not known, the Animal Control Division may dispose of a sick or injured animal before the end of the statutory holding period.
(c) Redemption of an animal. The owner of an impounded animal may redeem the animal on proof of ownership, compliance with the license provisions of this article, and payment of redemption fees and boarding fees.
(d) Disposal of unclaimed animals.
(1) At the end of the statutory holding period, an unclaimed animal is deemed abandoned and becomes the property of the county.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, the Animal Control Division may dispose of the animal only by euthanasia or by adoption.
(ii) If the animal is a wild animal, the Animal Control Division shall release the animal in a suitable habitat. (1988 Code, § 6-14) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
(a) Exception. This section does not apply to wild animals.
(b) Adoption of impounded animals. The Animal Control Division may provide for the adoption of an impounded animal by a responsible person. (c) Adoption by non-residents. The Animal Control Division may allow a resident of another jurisdiction to adopt an impounded animal if the person has proof of application for a license for the animal from the other jurisdiction.
(d) Requirements for dogs and cats. The Animal Control Division may put a dog or cat up for adoption only after definite provisions have been made for sterilization, vaccinations, and licensing of the animal and if the dog or cat is:
(1) At least 8 weeks old;
(2) Free from disease or injury; and
(3) Of suitable temperament, as determined by the animal control veterinarian and staff.
(e) Fees. The County Administrative Officer may establish fees to be paid by a person adopting an animal. (1988 Code, § 6-15) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
§ 12-3-205. DEAD, INJURED, OR STRAY ANIMALS ON PRIVATE PROPERTY. (a) Exception. This section does not apply to horses.
(b) Authority to pursue and take possession. The Animal Control Division may pursue and take into possession a dead, injured, or stray animal which is on private property in the county.
(c) Immunity from prosecution. The Animal Control Division, its agents, and employees are immune from prosecution for trespass arising from the performance of their duties under this section.
(1988 Code, § 6-16) (Bill No. 173, 1989, § 2; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001)
§ 12-3-206. ANIMAL AS PRIZE OR INDUCEMENT; COLORING.
(a) Exception. This section does not apply to any livestock auctions, accepted livestock practices, or other establishments approved by law.
(b) Contest, lottery, drawing, or auction. A person may not offer or give away any dog, cat, rabbit, baby chick, duckling, or other fowl or animal as a prize for or as an inducement to enter a contest, lottery, drawing, or auction.
(c) Other business purposes. A person may not use an animal as an inducement to enter a place of amusement or as an incentive to enter into any business agreement in which the offer was for the purpose of attracting trade.
(d) Coloring. A person may not dye, color, or stain any animal to change the natural color of the animal. (1988 Code, § 6-18) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 72-03, § 28, 7-1-2004)
§ 12-3-207. TRAPPING.
(a) Prohibited traps. Except as provided in subsection (b) of this section, a person may not use an animal trap of any kind including snares, leg hold, and kill trap.
(b) Box or live traps allowed. A person may use a live or box trap which shall carry the name and address of the owner. (1988 Code, § 6-19) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 72-03, § 28, 7-1-2004)
§ 12-3-208. RODEOS AND SIMILAR EVENTS.
(a) Veterinarian required. A permit may not be issued for a rodeo or similar event and a rodeo or similar event may not be conducted unless a veterinarian approved by the Animal Control Division is in attendance at all times.
(b) Costs. The permit applicant shall bear all costs associated with compliance with subsection (a) of this section.
(c) Electrical prods or shocking devices prohibited. Electrical prods or shocking devices are prohibited at rodeos and similar events except for the purposes of herding or managing livestock.
(1988 Code, § 6-203) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 28, 7-1-2004)
TITLE 4. DOGS AND CATS
SectionSubtitle 1. In General
12-4-101. Care and disposition
12-4-102. Confinement of female dogs or cats in heat 12-4-103. Sterilization
Subtitle 2. Damages Resulting from Attacks on Livestock by Dogs
12-4-201. Claim against the county 12-4-202. Investigation and appraisal 12-4-203. Authorization for payment
SUBTITLE 1. IN GENERAL
§ 12-4-101. CARE AND DISPOSITION.
(a) County may contract for care. The county may enter into agreements with veterinarians or veterinary hospitals for the care of injured or diseased dogs and cats, the owners of which are unknown, and which are collected by the county or the county police or are brought to the county by private citizens.
(b) Destruction of the animal. If the veterinarian or veterinary hospital determines that destruction of an animal consigned to its care under this section is warranted, the veterinarian or the veterinary hospital shall provide for the destruction of the animal as soon as practicable.
(c) Care of the animal. If the veterinarian or veterinary hospital determines that the condition of a dog or cat consigned to its care under this section does not warrant destruction, the veterinarian or veterinary hospital shall care for the dog or cat until its condition warrants its return to the county for disposition in accordance with Title 3, Subtitle 2 of this article.
(d) Agent of the county. For the purposes of this section, the veterinarian or veterinary hospital is deemed to be the agent of the county and all acts done in accordance with this section are the acts of the county and entitled to governmental immunity.
(e) No actions authorized. No action at law or in equity may be maintained against the county, its agents, servants, or employees, including a veterinarian, or veterinary hospital for any acts done in accordance with this section.
(1988 Code, § 6-146) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-4-102. CONFINEMENT OF FEMALE DOGS OR CATS IN HEAT.
The owner, agent, or custodian of any female dog or cat in oestrus “heat” shall guard and protect the dog or cat so that she will not be out of doors except: (1) Within a fenced area on the owner's property on a leash and accompanied by the owner for the purpose of natural relief; or
(2) During the process of conveying the dog or cat to a place suitable for the purpose of medical treatment, boarding, or breeding and under the direct control of the owner, agent, or custodian.
(1988 Code, § 6-147) (Bill No. 3-00, § 4, 7-1-2004)
§ 12-4-103. STERILIZATION.
The Animal Control Division may establish a program for the sterilization of dogs and cats owned by county residents. (1988 Code, § 6-148) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001)
SUBTITLE 2. DAMAGES RESULTING FROM ATTACKS ON LIVESTOCK BY DOGS
§ 12-4-201. CLAIM AGAINST THE COUNTY.
(a) In general. A resident of the county who owns poultry or livestock that is destroyed by a dog or injured by a dog to the extent that the poultry or livestock has to be destroyed may apply to the county for reimbursement of the owner's loss if the ownership of the dog is unknown.
(b) Application. Within 48 hours after the discovery of the damage to the owner's poultry or livestock, the applicant shall make a claim, under oath, to the Animal Control Division for reimbursement under this section on an application that includes:
(1) The number of poultry or livestock killed;
(2) Statement that to the best of claimant's knowledge, information, and belief the poultry or livestock were killed by a dog whose ownership is unknown;
(3) The amount of any insurance covering the owner's loss for which claim is being made to the county; and (4) Any other information required by the Animal Control Division.
(1988 Code, § 6-154) (Bill No. 211, 1990, § 1; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001)
§ 12-4-202. INVESTIGATION AND APPRAISAL. (a) Investigation.
(1) After receipt of a damage claim, the Animal Control Division shall: (i) Investigate the claim promptly; and
(ii) Determine if the claim is meritorious.
(2) The Animal Control Division's determination is final and there is no right of appeal from the determination.
(b) Division to appraise value. If the Animal Control Division determines that the claim is meritorious, the Animal Control Division shall establish an appraisal of the damages that is based on the fair market value of similar livestock or poultry in the area.
(c) Appraisal presented to the Board.
(1) The Animal Control Division promptly shall submit a report under oath to the Animal Hearing Board stating the number of poultry or livestock killed and the damages sustained by the claimant on account of the loss, which damages, per claim, may not exceed the fair market value of all poultry or livestock killed or the sum of $5,000, whichever is less.
claimant’s loss.
(d) Prima facie evidence. The report of the Animal Control Division shall be prima facie evidence of the correctness of the damages. (1988 Code, § 6-154) (Bill No. 211, 1990, § 1; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
§ 12-4-203. AUTHORIZATION FOR PAYMENT.
(a) Animal Hearing Board review. The Animal Hearing Board shall review the Animal Control Division’s report and, except as otherwise provided in this section, shall authorize payment to the claimant for the damages recommended by the Animal Control Division.
(b) The Board may affirm or modify the damages. The Animal Hearing Board may not change the damages recommended unless it finds that the damages recommended are in excess of the fair market value of all poultry or livestock killed or that the damages were determined in violation of the provisions of this subtitle.
(c) Board decision final and unappealable.
(1) The decision of the Animal Hearing Board is final. (2) There is no right of appeal from the decision. (d) Payment.
(1) The county shall pay damages authorized to be paid to a claimant under this section in the form of an award from the general fund of the county. (2) The claimant's rights, claims, and causes of action on account of the loss shall be assigned to the county to the extent of the damages paid by the county.
(e) No payment. The county may not make the payment of an award under this section if the owner of the dog causing the damages is or becomes known before payment under subsection (d) of this section.
(1988 Code, § 6-154) (Bill No. 211, 1990, § 1; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004)
TITLE 5. RABIES
Section12-5-101. “Animal” defined
12-5-102 Vaccination required for dogs, cats, and ferrets
12-5-103. Health Officer to establish effective period of the vaccines 12-5-104. Reports of bite or non-bite contact
12-5-105. Disposition of animals following bite or non-bit contact with humans — Responsibility of owner 12-5-106. Same — Responsibilities of the Health Officer
12-5-107. Same — Dispositions and euthanasia 12-5-108. Enforcement
12-5-109. Costs
12-5-110. Disposition of an animal exposed to a known or suspected rabid animal
§ 12-5-101. “ANIMAL” DEFINED.
In this title, “animal” includes only nonhuman species of mammals.
(1988 Code, § 6-175) (Bill No. 63-01, § 5, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004)
§ 12-5-102. VACCINATION REQUIRED FOR DOGS, CATS, AND FERRETS.
(a) In general. A person may not own, harbor, or keep a dog, cat, or ferret in the county over 4 months old unless the dog, cat, or ferret has been vaccinated in a manner and with the frequency to provide the animal with continuous protection against rabies.
(b) Exhibiting vaccination certificate. On request of the Animal Control Division, a person who owns, keeps, or harbors a dog, cat, or ferret shall exhibit a current vaccination certificate or other evidence establishing that the animal has been vaccinated as required.
(c) Citation. Subject to subsections (d) and (e) of this section, a person who does not provide satisfactory evidence of a current vaccination is subject to the civil and criminal penalties provided for in this article.
(d) Waiver of civil penalties. The Animal Control Division may waive any civil penalties imposed under this section if the owner provides satisfactory evidence of a current vaccination within the time specified in any citation issued under this section.
(e) Authority to waive the vaccination requirement. The Animal Control Division may waive the requirements for vaccination when, in the written opinion of a veterinarian, a vaccination is not advisable due to the physical condition of the animal.
(1988 Code, § 6-176) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, §§ 29, 31, 7-1-2004)
§ 12-5-103. HEALTH OFFICER TO ESTABLISH EFFECTIVE PERIOD OF THE VACCINES.
The Health Officer shall establish the effective period of the various vaccines required under this title in accordance with customary veterinary medical practices as recommended in the current “Compendium of Animal Rabies Vaccines” prepared by the National Association of State Public Health Veterinarians, Inc. (1988 Code, § 6-176) (Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 29, 7-1-2004)
§ 12-5-104. REPORTS OF BITE OR NON-BITE CONTACT.
(a) Owner. The owner of an animal that is known to have been involved in a bite contact or non-bite contact with a human shall report the contact to the Police Department.
(b) Victim. A person who has been involved in a bite contact or non-bite contact with an animal shall report the contact to the Police Department. (c) Police to notify Health Department. Within 24 hours after receiving notification of a bite contact or non-bite contact, the Police Department shall notify the County Health Department of the details of the incident and a description of the animal.
(1988 Code, § 6-177) (Bill No. 63-01, § 5, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004)
§ 12-5-105. DISPOSITION OF ANIMALS FOLLOWING BITE OR NON-BIT CONTACT WITH HUMANS — RESPONSIBILITY OF OWNER. (a) Confinement. The owner of a domestic animal that has been involved in a bite contact or non-bite contact with a human shall effectively confine and observe the domestic animal for a period of not less than 10 consecutive calendar days after the bite contact or non-bite contact in a manner and location approved by the Health Officer.
(b) Owner to report changes. During the period of confinement and observation, the owner of the domestic animal shall report immediately to the Health Officer or the Animal Control Division if the domestic animal sickens, dies, displays significant behavioral changes, becomes lost, is stolen, or escapes.
(c) No authority to remove animal. During the period of confinement and observation, the owner of the domestic animal may not, without the approval of the Health Officer, remove or relocate the domestic animal from the confinement premises, or sell, barter, give away, or otherwise dispose of the domestic animal. (d) Verification. At the completion of the confinement and observation period, the owner shall verify or provide proof to the Health Officer that the domestic animal is free of rabies symptoms.
(1988 Code, § 6-178) (Bill No. 63-01, § 5, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004)
§ 12-5-106. SAME — RESPONSIBILITIES OF THE HEALTH OFFICER.
(a) Order animal to shelter. If the owner of a domestic animal that has been involved in a bite contact or non-bite contact with a human fails or refuses to confine the domestic animal for observation as required under § 12-5-105 of this title, the Health Officer may order the impoundment of the domestic animal to the animal shelter for the duration of the confinement period.
(b) Examination. At any time during the confinement and observation period under this section or § 12-5-105 of this title, the Health Officer may order a veterinary examination of a domestic animal to determine whether the animal may be symptomatic of rabies.
(1988 Code, § 6-179) (Bill No. 63-01, § 5, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004)
§ 12-5-107. SAME — DISPOSITIONS AND EUTHANASIA.
(a) Animal no longer wanted. If the owner of a domestic animal that has been involved in a bite contact or non-bite contact with a human determines that the animal is no longer wanted, the owner shall notify the Health Department and the Health Officer or the Animal Control Division shall determine the disposition of the animal.
(b) Euthanasia if suffering. If an animal that has been involved in a bite contact or non-bite contact with a human is inhumanely suffering and its condition warrants euthanasia, the animal shall be destroyed and tested for rabies.
(c) Impoundment.
(1) If an animal that has been involved in a bite contact or non-bite contact with a human is determined to be reasonably likely to have rabies, the Health Officer may order the impoundment and humane destruction of the animal and the animal shall be tested for rabies.
(2) The determination that the animal has rabies shall be based on: (i) Known epidemiology and shedding period for rabies in the species; (ii) Current symptoms, behavior, and vaccination status of the animal; (iii) Type and circumstances of the exposure;
(iv) Opportunity for the animal to have been exposed to a rabies source in the 6-month period before the bite contact or non-bite contact with a human; and
(v) Other risk assessment criteria.
(d) Wild animal or feral dog. If a wild animal or feral dog or cat has been involved in a bite contact or non-bite contact with a human, the Health Officer shall order the humane destruction of the animal and the animal shall be tested for rabies unless:
(1) The Health Officer determines at the Health Officer's discretion, that the exposure can be safely managed using the risk assessment criteria established under subsection (c) of this section;
(2) The human victim of the bite contact or non-bite contact with the animal is willing to complete anti-rabies prophylaxis; or (3) At the Health Officer's discretion, both paragraphs (1) and (2) of this subsection occur.
(1988 Code, § 6-180) (Bill No. 63-01, § 5, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004)
§ 12-5-108. ENFORCEMENT.
issues a written order to do so.
(b) Police to enforce. The Police Department shall enforce all written orders of the Health Officer under this title. (1988 Code, § 6-181) (Bill No. 63-01, § 5, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004)
§ 12-5-109. COSTS.
The owner of a domestic animal that is subject to this title is responsible for all costs associated with: (1) Confinement and observation of the domestic animal under this title; and
(2) Any veterinary examination performed under the authority of this title. (1988 Code, § 6-182) (Bill No. 63-01, § 5, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004)
§ 12-5-110. DISPOSITION OF AN ANIMAL EXPOSED TO A KNOWN OR SUSPECTED RABID ANIMAL.
COMAR 10.06.02.04d is hereby adopted and incorporated by reference in this section and shall take effect as if set out in full, except that the reference to a “public health veterinarian” shall be read to mean the Health Officer.
(1988 Code, § 6-183) (Bill No. 63-01, § 5, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004)
TITLE 6. HOLDING FACILITIES
Section12-6-101. License required 12-6-102. Application; fees; display 12-6-103. Minimum standards
12-6-104. Denial or revocation of a license 12-6-105. Inspections
§ 12-6-101. LICENSE REQUIRED.
As a condition of continued operation, a holding facility shall have a current valid license.
(1988 Code, § 6-231) (Bill No. 69-95, § 4; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001)
§ 12-6-102. APPLICATION; FEES; DISPLAY.
(a) Application. An applicant for a license shall submit an application to operate a holding facility to the Department of Permits, Approvals and Inspections indicating:
(1) The type of facility;
(2) The name and address of the holding facility; and (3) The name and address of the owner of the holding facility.
(b) Fees. The County Administrative Officer shall establish the fees for licensing holding facilities which may include: (1) Different fees for the different classifications; and
(2) Different fees for different types of holding facilities.
(c) Display. A person with a license issued under this title shall keep the license posted and exhibited while it is in force in a conspicuous part of the holding facility.
(1988 Code, § 6-231) (Bill No. 69-95, § 4; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 122-10, §§ 5, 30, 1-16-2011)
§ 12-6-103. MINIMUM STANDARDS.
(a) In general. In addition to the other requirements of this article, a holding facility shall comply with the minimum standards established in this section, the application of which shall be in conformity with individual species requirements and common veterinary practice.
(b) Food and water.
(1) All animals shall be supplied with sufficient good and wholesome food and potable water.
(2) All food and water containers shall be clean and so placed that the animals cannot readily tip them over. (c) Quarters.
(1) All animals and animal quarters shall be kept in a clean and sanitary condition.
(2) Floors of buildings, runs, and walls shall be of a material that will permit proper cleaning and disinfecting. (3) Adequate ventilation and temperatures shall be maintained.
(4) Water used for washing and disinfecting crates, runs, walls and other areas shall be at a minimum temperature of 180 degrees Fahrenheit. (d) No escape.
