As used in this chapter, the following terms have the meanings indicated. Any term not defined in this chapter shall have the meaning as defined in any other ordinance of the Code. Any term not defined in the Code shall have its generally accepted meaning.
- ANIMAL ABANDONMENT
- Any owner of a domesticated animal who does not humanely dispose of the animal or transfer ownership to some responsible person when ownership is no longer desired.
- ANIMAL CARE AND CONTROL AUTHORITY (ACCA)
- The organization(s), agency(s), department(s) or corporation(s) designated by the Cecil County government to administer and enforce the provisions of this code and/or to administer the County's designated animal center.
- ANIMAL CARE AND CONTROL CENTER
- A facility operated by or on behalf of the Cecil County government
for the purpose of impounding animals in accordance with authority
granted pursuant to contract with the County for animal care and control
services related to the care, confinement, redemption, adoption, or
euthanasia of animals under impound with the ACCA.[Amended 9-15-2015 by Bill No. 2015-18]
- ANIMAL CARE AND CONTROL OFFICERS
- The person or persons authorized on behalf of the Cecil County government or by the ACCA to enforce this chapter and applicable state laws on behalf of Cecil County.
- ANIMAL CARE AND CONTROL ADVISORY BOARD
- The Advisory Board comprised of those individuals specified in § 142-2, with the powers and duties specified in this chapter.[Amended 9-15-2015 by Bill No. 2015-18]
- ANIMALS EXPOSED TO RABIES
- An animal that is known or is suspected to have had a bite from or non-bite contact with another animal that is known or suspected to be infected with rabies (COMAR 10.06.02).
- ANIMAL SHELTER
- Any facility operated by a humane organization, tax-exempt organization, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals.
- AT LARGE
- Any animal not under effective control or unrestrained while not on its owner's property.
- Any place or facility where animals are bought, sold, or traded through a bid process, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.
- Keeping an animal overnight in a commercial establishment used for the keeping of animals.
- BUSINESS DAY
- A day when the County government is open, typically Monday
through Friday, except for County-recognized holidays.[Added 9-15-2015 by Bill No. 2015-18]
- Any person, group of persons, association or corporation that engages in buying or selling cats and breeds three or more litters within a twelve-month period for compensation.
- COMPUTING TIME
- In computing any period of time prescribed by this chapter,
or by any applicable state statute, the day of the act or event after
which the designated period of time begins to run is not included.
The last day of the period so computed is included unless it is a
Sunday or federal holiday, in which event the period runs until the
end of the next day that is not a Sunday or federal holiday.[Added 9-15-2015 by Bill No. 2015-18]
- The unnecessary or unjustifiable physical pain or suffering caused or allowed by an act, omission or neglect. Cruelty includes torture and torment.
- Any person, partnership or corporation that provides food, shelter and care for an animal in the absence of the owner.
- DANGEROUS OR VICIOUS DOG
- See § 142-12. A dangerous dog as defined by § 10-619 of the Criminal Law Article of the Annotated Code of Maryland.
- DANGEROUS WILD ANIMAL
- As defined in § 10-621 of the Criminal Law Article of the Annotated Code of Maryland.
- DOMESTIC ANIMAL
- Animals which, through extremely long association with humans, have been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. Domestic animals include but are not limited to pets such as dogs, cats, rabbits, guinea pigs, hamsters, and other small rodents, European ferrets and hedgehogs, nonpoisonous reptiles, and amphibians, parakeets, cockatiels and other commercially raised birds.
- EFFECTIVE TEMPERATURE
- The temperature as affected by meteorological conditions, such as wind chill, sun or rain.
- A building or property, other than a private residence, in which animals are maintained.
- The act of feeding or sheltering an animal for three or more consecutive days or parts of days.
- HEALTH CERTIFICATE
- A legible certificate on an official form approved and authorized by the Health Officer of the state of origin or the U.S. Department of Agriculture.
- HEALTH OFFICER
- The person in charge of the Cecil County Health Department.
- KENNEL, BOARDING
- A commercial establishment used for the purpose of housing animals overnight. Medical boarding in veterinary hospitals is not included.
- KENNEL, COMMERCIAL
- Any person, group of persons, association or corporation engaged in the business of breeding three or more litters within a twelve-month period, buying or selling dogs for compensation.
- KENNEL, HOBBY
- An organization or individual which or who owns or houses no less than 10 dogs and no more than 20 dogs, over the age of four months, kept for practical purposes, including, but not limited to, hunting and tracking. A hobby kennel does not meet the definition of a "commercial kennel" and no more than two litters shall be bred and sold within a twelve-month period.
- KENNEL, IRS-DEFINED NONPROFIT CANINE RESCUE
- Any facility, structure, house, or other building that is owned, operated or maintained by an IRS-defined nonprofit canine rescue group/organization that provides shelter, humane care and treatment for unowned or unwanted dogs, while attempting to find permanent, adoptive homes for those dogs or serves as those dog's permanent home.
- MARYLAND PUBLIC HEALTH VETERINARIAN
- The veterinarian so designated by the Maryland Department of Health and Mental Hygiene.
- To interfere with freedom of movement.
- An act of omission or commission whereby an animal is deprived of access to fresh, potable water, nutritious food in sufficient quantity, shelter, shade, air, veterinary care or sanitary conditions, or is otherwise confined, thereby causing a lack of freedom of movement adequate to ensure access to any of the above (necessary veterinary care, proper drink, air, space, and shelter or protection from the weather).
- NOTIFY or NOTIFICATION
- To use every reasonable attempt to make contact, including, but not limited to, any of the following: telephone, U.S. mail, posting of the property in a conspicuous place or e-mail.
- Any adult person, partnership, or corporation owning, keeping, harboring, or having custody (either temporarily or permanently) of one or more animals.
- A domesticated animal kept for pleasure rather than utility.
- PET SHOP
- Any commercial establishment that sells live animals with the intent that they be kept as pets, whether as a separate operation or in connection with any other business enterprise.
- Pertaining to or concerned with ordinary activities, business, or work.
- PUBLIC NUISANCE ANIMAL
- Any animal, or animals, that unreasonably interferes with the rights of citizens to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal which:
- A. Continues to molest passersby or passing vehicles; or
- B. Is repeatedly at large, or is a stray; or
- C. Continues to damage private or public property; or
- D. Continues to disturb the neighbors or the community (including, but not limited to, continued and repeated howling, barking, whining, or other utterances), causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or
- E. Is found to be in violation of dangerous animal restraint requirements.
- PUBLIC NUISANCE FACILITY OR RESIDENCE
- Any residence or facility whose owner or inhabitant(s) has received three or more nuisance citations for the same or different nuisances within the previous 24 months.
- To follow in order to capture, contain or, if necessary, destroy.
- Pursuant to an order of the Public Health Veterinarian or local Health Officer and on the private premises of the owner or custodian of the animal or at a Health-Department-approved facility, confinement of an animal by leash, an escape-proof enclosure, or another manner, approved in writing by the Public Health Veterinarian or local Health Officer, that ensures protection of the public health (COMAR 10.06.02).
- RESPONSIBLE PERSON
- A person who could reasonably be expected to be capable of effectively controlling the animal in question.
- Any animal secured and under effective control of a responsible person by means such as a leash or lead or within the real property limits of its owner. An animal which threatens bodily injury is not under "restraint."
- A condition of good order and cleanliness which minimizes the probability of transmission of disease and does not cause a fouling of the air which would be deemed offensive to neighbors or other persons in close proximity to the area. For this definition, "fouling of the air" shall not apply to a working farm, provided that normal and customary farming practices are in use.
- SECURE ENCLOSURE
- A fenced area or building from which a dog cannot escape or be accidentally released and which cannot be entered by animals or unauthorized persons. (An invisible electric fence is not considered a secure enclosure for vicious or dangerous animals.)
- A domesticated animal that is running at large without identification or a dog license.
- ZOOLOGICAL PARK
- Any property displaying, harboring, or exhibiting one or more species of wild or exotic animals owned by a person, partnership, corporation, or governmental agency and shall be federally licensed.
Editor's Note: This bill provided an effective date of 1-1-2016.