ordinance code of st. mary's county, maryland ... animal control ordinance c… · m....

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Requested by: Department of Emergency Services& Technology

Ordinance No. 2017 . dS

Subject: Public Safety - To Repeal andRe-enact Chapter 212 of theCode of St. Mary's Count}',Maryland, Establishing AnimalControl Regulations

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ORDINANCE

TO REPEAL AND RE-ENACT CHAPTER 212 OF THE CODE OF

ST. MARY'S COUNTY, MARYLAND, ESTABLISHING ANIMALCONTROL REGULATIONS

WHEREAS, pursuant to §13-129(c) of the Local Government Article of the AnnotatedCode of Maiyland, the Commissioners of St. Mary's County are authorized to provide for theregulation, humane treatment and keeping of domestic animals; and

WHEREAS, a notice of a public hearing was advertised on April 27, 2016 and May 4,2016 in The Enterprise, a newspaper of general circulation in St. Mary's County, and a publichearing was held on May 17, 2016 to receive public comment and consider the repeal and re-enactment of Chapter 212 of the Code of St. Maiy's County. Maryland, to provide for theregulation, humane treatment and keeping of domestic animals; and

WHEREAS, the Commissioners of St. Mary's County find that it is in the best interest ofthe health, safety and welfare of the citizens of St. Mary's County to repeal and re-enact Chapter212 of the Code ofSt. Maty's County, Maryland, to provide for the regulation, humane treatmentand keeping of domestic animals,

NOW, THEREFORE, BE IT ORDAINED by the Commissioners of St. Mary'sCounty, pursuant to §13-129(c) of the Local Government Article of the Annotated Code ofMaryland, that:

SECTION I. Chapter 212 of the Code of St. Mary's County, Maryland, is repealed and re-enacted to read as follows:

CHAPTER 212. ANIMAL CONTROL

§212.1 APPLICABILITY

This Ordinance is applicable to all domestic animals kept in St. Mary's County except asspecifically provided herein.

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§212.2

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DEFINITIONS

Ordinance No. 2017- 11Subject: Public Safety - To Repeal and

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In this Ordinance the following words and phrases have the following meanings:

A. "Adequate care" or "care" means the responsible practice of good animal handling,feeding, watering, protection, shelter, transportation, treatment, and, when necessary,euthanasia, appropriate for the age, species, condition, size and type of the animal and theprovision of veterinary care when needed to prevent suffering or impairment of health.

B. "Adequate exercise" or "exercise" means the opportunity for the animal to movesufficiently to maintain normal muscle tone and mass for the age, species, size, andcondition of the animal.

C. "Adequate food" means access to sufficient quantity and nutritive value to maintain eachanimal in good health; prepared so as to permit ease of consumption for the age, species,condition, size and type of each animal; provided in a clean and sanitary manner; placedso as to minimize contamination by excrement and pests; and provided at suitableintervals for the species, age, and condition of the animal, at least once daily, unlessotherwise prescribed by a veterinarian.

D. "Adequate shelter" means provision of and access to shelter that is suitable for thespecies, age, condition, size, and type of each animal; provides adequate space for eachanimal; is safe and protects each animal from injury, rain, sleet, snow, hail, directsunlight, the adverse effects of heat or cold, physical suffering, toxic materials, andimpairment of health; is properly cleaned; enables each animal to be clean and dry;provides a solid surface, resting platform, pad, floor mat, or similar device that is largeenough for the animal to lie on in a normal manner and can be maintained in a sanitarymanner. The shelter shall include a moisture-proof and wind-proof structure of suitablesize to accommodate the dog and allow retention of body heat. It shall be made ofdurable materials with a solid floor raised at least two inches from the ground and withthe entrance covered by a flexible wind-proofing material or a self-closing door. Thestructure shall be provided with a sufficient quantity of suitable non-toxic beddingmaterials consisting of straw, cedar shavings, blankets, or the equivalent, to provideinsulation and protection against cold and dampness and promote retention of body heat.Shelters whose wire, grid, or slat floors allow the animals' feet to pass through theopenings, sag under the animals' weight, or otherwise do not protect the animals' feet ortoes from injury are not adequate shelter and do not comply with this definition.

E. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie,turn about, and make all other normal body movements in a comfortable, normal positionfor the animal and (ii) interact safely with other animals in the enclosure. When an animal

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Ordinance No. 2017 01

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Subject: Public Safety - To Repeal andRe-enact Chapter 212 of theCode of St. Mary's County,Maryland, Establishing AnimalControl Regulations

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is restrained or tethered, "adequate space" means a tether that permits the above actionsand is appropriate to the age and size of the animal; is attached to the animal by aproperly applied collar of regulation material, halter, or harness configured so as toprotect the animal from injury and prevent the animal or tether from becoming entangledwith other objects or animals, accessing toxic materials, or from extending over an objector edge that could result in the strangulation or injury of the animal; and is at least fourtimes the length of the animal, as measured from the tip of its nose to the base of its tail,unless the animal is being walked on a leash or is attached by a tether to a lead line.

"Adequate water" means provision of and access to clean, fresh, potable, readilyavailable water of a drinkable temperature which is provided in a suitable manner and insufficient volume to maintain normal hydration for the age, species, condition, size andtype of each animal, unless otherwise prescribed by a veterinarian; and is provided inclean, durable receptacles which are accessible to each animal and are placed so as tominimize contamination of the water by excrement and pests.

A "domestic animal" is any dog, regardless of its utilitarian purpose, or cat, bird, rodent,fish, reptile, amphibian, nonhuman primate, or other species of animal kept for pleasurerather than utility and accustomed to living in or about human habitation. "Domesticanimal" does not include:

1. agricultural animals; or

2. animals kept for bona fide research uses.

"Agricultural animal" includes any cattle, dairy cows, swine, sheep, horses, asses, mules,goats, poultry and any other animal kept for agricultural use or production forconsumption.

"Agriculture" means the use of land for the production and initial processing of food andfibers for sale, including cultivating, dairying, horticulture, pasturing, floriculture,silviculture, viticulture, aquaculture, animal and poultry husbandry, and for suchincidental accessory facilities as greenhouses and nurseries, provided that the operation ofsuch accessory facilities shall be clearly secondary to agricultural activities. Agricultureincludes, but is not limited to, the related activities of tillage, fertilization, pest control,harvesting, and marketing. It also includes, but is not limited to, the activities of feeding,housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs,horses, and poultry and handling their by-products.

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J. "Dangerous dog" means a dog that has been determined in Section 212.10 to be apotentially dangerous dog and, after the determination is made, without provocation doesone of the following:

1. bites a person;

2. kills or inflicts physical injury on a domestic animal; or

3. attacks a person or domestic animal.

K. "Owner's real property" means real property owned or leased by the owner or custodianof a dog. "Owner's real property" does not include a public right-of-way or a commonarea of a condominium, apartment complex, or townhouse development.

L. "Physical injury" means an injury resulting in broken bones or lacerations requiringmedical or veterinary treatment.

M. "Commercial kennel" means an animal boarding place or other establishment for:

1. The commercial breeding of dogs or cats; or

2. The boarding, grooming, sale, or training of dogs or cats for which a fee ischarged.

3. "Commercial kennel" does not include veterinary hospitals or clinics, animalshelters, registered rescue organizations, or research facilities where bona fidemedical, dental, veterinary, pharmaceutical, or biological research.

N. "Owner" means any person:

1. who has legal title to, a property interest in, or permanent custody of any animalto which the Ordinance is applicable; or

2. who, for three (3) days or more, has temporary custody of, keeps, possesses,regularly feeds, or exercises control over any animal.

3. "Owner" does not include a person keeping a feral cat as a feral cat caregiver. Aferal cat caregiver is a person who provides care, including food, shelter, ormedical care to a feral cat, or has temporary custody of a feral cat.

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§212.3 ANIMAL CARE

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No owner or custodian of a domestic animal shall fail to provide the animal with adequate food,potable water, air, shelter, space, protection from the weather, veterinary care when needed toprevent suffering, and grooming sufficient for humane care and treatment.

§212.4 ABUSE OR NEGLECT OF ANIMAL

A person may not cause, procure, authorize or inflict unnecessary suffering or pain on a domesticanimal.

§212.5 LEAVING DOGS OUTSIDE AND UNATTENDED BY USE OFRESTRAINTS OR TETHER

A. In this section the following words have the meanings indicated.

1. "Collar" means a device constructed of nylon, leather, or similar materialspecifically designed to be used around the neck of a dog.

2. "Restraint or tether" means a chain, rope, tether, leash, cable, or other device thatattaches a dog to a stationary object or trolley system.

B. A person may not leave a dog outside and unattended by use of a restraint that:

1. unreasonably limits the movement of the dog;

2. uses a collar that:

a. is made primarily of metal; or

b. is not at least as large as the circumference of the dog's neck plus 1 inch;

3. restricts the access of the dog to adequate and adequate water or adequate shelter;

4. creates unsafe or unsanitary conditions; or

5. causes injury to the dog.

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§212.6 DOMESTIC ANIMALS IN VEHICLES

A. A person may not leave a domestic animal unattended in a standing or parked motorvehicle in a manner that endangers the health or safety of the animal.

B. Except as provided in subsection C of this section, a person may use reasonable force toremove from a motor vehicle a cat or dog left in the vehicle in violation of the provisionsof subsection A of this section if the person is so authorized by State law and is:

1. a law enforcement officer;

2. a public safety employee of the State or of a local governing body;

3. an animal control officer under the jurisdiction of the State or a local governingbody; or

4. a volunteer or professional of a fire and rescue service.

C. A person may not use force of any kind to remove from a motor vehicle:

1. a dog used by the State or a local governing body for police work while the dog ison duty; or

2. a cat or dog in the custody of an animal control officer.

§212.7 ABANDONING DOMESTIC ANIMAL

A person who owns, possesses, or has custody of a domestic animal may not drop or leave theanimal on a road, in a public place, or on private property with the intent to abandon the animal.

§212.8 ANIMAL AT LARGE

An owner or custodian of a domestic animal shall keep the animal confined in a building orsecure enclosure or under physical restraint and direct supervision except:

1. an animal on property owned or occupied by the owner or custodian of theanimal;

2. a dog undergoing supervised obedience training;

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3. a dog being trained or used for hunting;

4. a dog accompanied by the owner or custodian on horseback; or

5. an animal at large with a person in immediate pursuit with the purpose ofreacquiring control of the animal.

§212.9 NUISANCE

A. No owner or custodian shall keep or maintain any domestic animal in such manner as tocause or permit the animal to:

1. inflict injury on a person without provocation;

2. injure or kill a domestic animal or agricultural animal without provocation;

3. threaten or chase any person, other domestic animal or agricultural animal withoutprovocation;

4. damage the property (other than an animal) of another;

5. chase a vehicle;

6. bark excessively or continuously so as to unreasonably disturb the quiet, comfort,or repose of another; or

7. defecate on the property of another.

B. An owner or custodian of a domestic animal must remove excrement deposited by theanimal on a sidewalk, street, park, or other public property or private property of another.

§212.10 DANGEROUS DOG

A. The Director of the St. Mary's County Department of Emergency Services & Technologymay determine that a dog is potentially dangerous if the Director:

1. finds that the dog, without provocation has attacked, bitten, inflicted physicalinjury, or killed a person or domestic animal; and

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2. notifies the owner or custodian of the dog in writing of the reasons for thisdetermination.

An owner or custodian of a dog may not:

1. leave a potentially dangerous dog or dangerous dog unattended on the owner'sreal property unless the dog is:

a. confined indoors;

b. in a securely enclosed and locked pen; or

c. in another structure designed to restrain the dog; or

2. allow a potentially dangerous or dangerous dog to leave the owner's real propertyunless the dog is leashed and muzzled, or is otherwise securely restrained andmuzzled, and under the effective control of an adult owner.

C. An owner of a potentially dangerous dog or dangerous dog who sells or gives the dog toanother shall notify in writing:

1. the Department of Emergency Services & Technology of the name and address ofthe new owner of the dog; and

2. the person taking possession of the dog, of the dangerous behavior or potentiallydangerous behavior of the dog.

D. The Director of the St. Mary's County Department of Emergency Services & Technologymay impound a dangerous dog and transport any such animal to the Tri-County AnimalShelter or to such other facilities as may be appropriate. A dangerous dog impounded bythe Director may not be released from impoundment without a written authorization ofthe Director or upon order of a court of competent jurisdiction. A dangerous dog, unlessreleased, may be euthanized upon direction of the Director after the expiration often (10)calendar days after the date of the impoundment.

§212.11 INTERFERENCE WITH OFFICIAL

No person shall hinder or obstruct the Director of the St. Mary's County Department ofEmergency Services & Technology, or a designee of the Director, or an animal controlofficer in the performance of the duties of the Director of the St. Mary's County

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Department of Emergency Services & Technology, or a designee of the Director, oranimal control officer pursuant to this Ordinance.

No person shall remove an animal from a trap, remove a trap, or activate a trap set by theDirector of the St. Mary's County Department of Emergency Services & Technology, ora designee of the Director, or an animal control officer.

§212.12 VACCINATIONS ~ DOGS, CATS, AND FERRETS

A. Each person who owns a dog, cat, or ferret that is four (4) months old or older shall havethe dog, cat, or ferret vaccinated adequately against rabies.

B. A dog, cat, or ferret may not be registered or licensed unless the person who owns orkeeps the dog, cat, or ferret submits, with the application for registration or license, proofthat the dog, cat, or ferret has been vaccinated adequately against rabies.

C. The St. Mary's County Health Department shall determine the proof of vaccination that isacceptable.

§212.13 KENNEL INSPECTION

A. This section does not apply to premises:

1. where dogs are kept or bred solely for medical or related research or laboratory tests;

2. operated by a licensed and regularly practicing veterinarian; or

B. To determine if dogs are being treated inhumanely in violation of this subtitle, theDirector, designees of the Director, and animal control officers may inspect a premiseswhere:

1. a person is engaged in the business of buying, selling, trading, training orbreeding dogs; or

2. a kennel where 5 or more dogs are kept is being maintained.

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Requested by: Department ofEmergency Services Ordinance No. 2017 - ^ P& Technology

Subject: Public Safety - To Repeal andRe-enact Chapter 212 of theCode of St. Mary's Count);Maryland, Establishing AnimalControl Regulations

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A person who inspects premises under this section shall:

1. give prior written notice of the time and date of the inspection to the owner oroccupant of the premises; or

2. obtain judicial authorization for the inspection and be accompanied by a sheriff ora deputy sheriff.

§212.14 ADMINISTRATION AND ENFORCEMENT

A. The Director of the St. Mary's County Department of Emergency Services &Technology, and designees of the Director, and an animal control officer shall have theauthority and duty to administer and enforce the provisions of this Ordinance, andSubtitle 6 of Title 10 of the Criminal Law Article of the Annotated code of Maryland,including the authority to issue a citation for a civil infraction.

B. The Director of the St. Mary's County Department of Emergency Services &Technology, designees of the Director, and animal control officers may exercise thefollowing powers in administration and enforcement of this Ordinance:

1. impound a domestic animal whose owner or custodian is in violation of §212.3,§212.4 212.5, §212.6, §212.8 or §212.10 of this Ordinance and transport any suchanimal to the Tri-County Animal Shelter or to such other facilities as may benecessary;

2. set traps and employ devices to impound a domestic animal at large;

3. obtain veterinary treatment for injured or diseased impounded animals that maybe reasonably expected to benefit from treatment;

4. euthanize injured or diseased impounded animals that may not reasonably beexpected to benefit from treatment; and

5. conduct public information programs.

C. The Director of the St. Mary's County Department of Emergency Services & Technologyshall make a prompt and reasonable effort to locate and notify the owner or custodian ofan impounded animal, including review of reports of lost domestic animals andcoordinating and posting an impoundment notice on the residence of any person believedto be the owner or custodian of the impounded animal.

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D. The Director of the St. Mary's County Department of Emergency Services &Technology, designees, and animal control officers may perform such other duties withrespect to non-domestic animals as may be:

1. required to maintain public safety;

2. appropriate to assist members of the public in the removal of non-domesticanimals from a residence or business; or

3. assigned by the Commissioners of St. Mary's County.

E. The Director of the St. Mary's County Department of Emergency Services & Technologyis the appropriate unit of St. Mary's County pursuant to §10-619 of the Criminal LawArticle of the Annotated Code ofMaty land ("Dangerous Dogs").

F. The Director of the St. Mary's County Department of Emergency Services & Technologyshall designate one or more employees of the Commissioners of St. Mary's County as an"animal control officer" within the meaning of Local Government Article and theTransportation Article of the Annotated Code ofMaryland.

§212.15 CONSTRUCTION

No provision herein shall be construed to permit or authorize any act or omission, includingentry onto real property or seizure of property without such judicial authorization as may berequired by law, which act or omission would constitute a violation of a person's legal orconstitutional rights by any elected official or agent or employee of the Commissioners of St.Mary's County, or any other person acting under color of law.

§212.16 PENALTIES

A violation of this Ordinance, as amended from time to time, is a civil infraction and shall beprosecuted in the same manner and to the same extent as provided for a municipal infractionunder Title 6 of the Local Government Article of the Annotated Code of Maryland. A civilinfraction issued pursuant to this Ordinance may provide for payment without appearance incourt of a fine for a violation of the following:

§212.3, §212.8, §212.9 (4, 5, 6 or 7) First Offense

Second Offense

Third Offense

$ 50.00

$100.00

$250.00

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SECTION H. This Ordinance shall be effective upon the date written below.

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Those voting Aye:

Those voting Nay:

Those Abstaining:

Date of Adoption:

Effective Date: IjSLI I / 1y »Y' 7

ATTEST:

Rebecca B. BrfidgdttCounty Administrator

APPROVED AS TO FORM

AND LEGAL SUFFICIENCY:

George R. SparhnCounty Attorney

COMMISSIONERS OF ST. MARY'S COUNTY

R. Guy, Commissioner President

Michael L. Hewitt, Commissioner

Tom Jarboe<Commissioner

:. O'Connor, Commissioner

ordinance code of st. mary's county, maryland ... animal control ordinance c… · m....

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