Town of Forest Heights, MD Article 7 Animals

[HISTORY: Approved 1-16-1980, effective 1-16-1980; amended in its entirety 12-20-2017 by Ord. No. 07-17. Subsequent amendments noted where applicable.]

Section 7.1 General provisions; menace or nuisance animal.

A. It shall be unlawful for any person to keep or harbor, within the Town, any animal which by howling or fouling of the air or ground, or poses a nuisance to, or in any other manner, disturbs the comfort or quiet of any neighborhood in the Town. For the purpose of this Subsection, a neighborhood shall be considered to have its comfort or quiet disturbed if two or more written complaints are filed with a Town Law or Code Enforcement Official. For purposes of this Section, a "public nuisance" is defined as:

(1) Unreasonably disturbing the quiet of any person or neighborhood or permitting an animal unreasonably to disturb the quiet of any person or neighborhood, or causing frequent or long continued noise, to the disturbance of the comfort or repose of any person or neighborhood; or

(2) Keeping an animal, which is known to have an untreated disease contagious to other animals or human beings, except if confined within the dwelling of the owner or under the control of a licensed veterinarian.

(3) Causing an odor or unsanitary condition, by reason of the animal's uncleanliness or deposit of excrement or otherwise; or

(4) Causing damage to real or personal property belonging to a person other than the owner or custodian of the animal.

B. It shall be unlawful for any owner, possessor, keeper, or harborer of an animal to permit said animal to be upon public streets, sidewalks, roadways, alleys, or any other person's property within the Town, after notice shall have been given a Town Law Enforcement or Code Enforcement Official that said animal is dangerous, vicious, or a public nuisance as evidenced by having attacked or menaced persons or having destroyed or damaged any public or private property, or by otherwise sustaining the conditions defining a public nuisance pursuant to Subsection A hereinabove.

C. It shall be unlawful for any owner, possessor, keeper, or harborer of any animal to permit such animal to foul any public property or another person's private property.

D. All animals must be harbored in sanitary conditions.

E. When walking a dog or other animal by owner, possessor, keeper or caretaker, it is required that all excrement be immediately removed from public or private property.

F. All animals located or kept within the Town of Forest Heights shall be cared for in accordance with "The Proper Animal Care Standards for Enforcement of Anti-Cruelty Laws," adopted by the Prince George's County Animal Control Division. Copies of the standards may be obtained upon request from the Town Clerk.

G. Abuse, neglect or cruelty to animals is hereby prohibited as set forth in Subtitle 6 of Title 10 of the Criminal Law Article of the Annotated Code of Maryland, as amended from time to time. Pursuant to § 10-604 of the Criminal Law Article, abuse or neglect of an animal is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment not to exceed 90 days, or both. Furthermore, mutilation of animals as defined and set forth in § 10-604 of the Criminal Law Article of the Annotated Code of Maryland is hereby prohibited. The penalty for such act shall be as set forth in § 10-606: A fine of $5,000 and/or imprisonment not to exceed three years, or both.

H. The owner of any dog(s) or cat(s) shall have such dog(s) or cat(s) properly licensed under the provisions of the Prince George's County Animal Control Ordinance.

I. The Town hereby incorporates by reference all provisions contained in the Prince George's County Animal Control Ordinance, as it is amended from time to time. In the event of a conflict between the county ordinance and this Article, the provisions of this Article shall prevail.

Section 7.2 Running at large prohibited.

A. It shall be unlawful for any owner, possessor, keeper or harborer of a dog or other animal to permit said dog or other animal to be upon public streets, sidewalks, roadways, alleys, or any other person's property within the Town except when under restraint by leash or similar device and conducted by a person competent and able to control said dog or other animal.

B. Any dog or other animal found at large in any manner other than restrained by leash or similar device or conducted by a person competent and able to control said dog or other animal upon public streets, sidewalks, roadways, alleys, or upon the property of any person other than the owner, possessor, keeper, or harborer of said dog or other animal, shall be caught, if reasonably possible, and delivered to the Prince George's County Animal Control Shelter.

Section 7.3 Penalty.

Any person violating the provisions of this Article shall be guilty of a municipal infraction and shall, upon conviction, be fined not more than $100 for the first offense. Repeat offenders may be assessed a fine not to exceed $200 for each repeat offense.