[HISTORY: Art. I adopted by the Commissioners
(now Mayor and Council) of the Town of Leonardtown as indicated in
article history. Subsequent articles adopted by the Mayor and Council
of the Town of Leonardtown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-1-1939 by Ord. No. 12]
No hogs or pigs shall be raised or kept within
the corporate limits of Leonardtown, whether in pens or otherwise.
Any person, firm or corporation violating the
provisions of this article, shall, upon conviction, be subject to
a fine of not less than $5 and costs nor more than $25 and costs,
and when said fine and costs are not paid, the party convicted and
fined shall be committed to the St. Mary's County jail for a period
not exceeding 10 days or until discharged in due course of law.
[Adopted 12-28-1998 by Ord. No. 85[1]]
[1]
Editor's Note: This ordinance repealed former
Art. II, Applicability of County Dog Regulations, adopted 9-14-1981
by Ord. No. 45.
As used in these regulations, the following
terms are defined below:
Every domestic animal, including not but limited to dogs
and cats.
Any animal off the premises of the owner and not under the
restraint of a person capable of controlling the animal.
St. Mary's County Animal Control; includes but shall not
be limited to any individual designated by the County Commissioners
to enforce these regulations and the State Code.
Any animal which has been bitten by an animal which either
has rabies or has been in proximity or contact with an animal that
has rabies or any animal which has not been bitten but which has been
in proximity to or in contact with or has otherwise been exposed for
any period of time to an animal which has rabies. The determination
whether an animal is infected with rabies shall be made by the Health
Officer for St. Mary's County and the Maryland Department of Health
and Mental Hygiene.
Any facility operated by a municipal agency or its agents
for the purpose of impounding animals under the authority of these
regulations or the State Code for care, confinement, return to owner,
adoption or euthanasia.
Any establishment maintained or operated by a licensed veterinarian
for the immunization, hospitalization, surgery or diagnosis, prevention
and treatment of diseases and injuries of animals.
Any Animal Warden employed by St. Mary's County Commissioners
to enforce these regulations and the State Code.
Any place or facility where animals are regularly bought,
sold or traded, except for those facilities otherwise defined in these
regulations.
Any enclosure of limited space, enclosed on the bottom, top
and all sides by a wall or otherwise, in which animals are placed
for any purpose, including confinement or display.
Any person, partnership or corporation or other legal entity
that has as its primary purpose the sale, transfer or conveyance of
any animal/animal services for money. It shall include but not be
limited to any pet shop, grooming shop, auction, zoological park,
circus, performing animal exhibition, boarding or breeding kennel/cattery
or any establishment with the purpose of training, leasing or selling
guard dogs. It shall not include animal hospitals, animal shelters
or humane society facilities.
Any establishment for the commercial breeding, boarding,
grooming, sale or training of dogs/cats for which a fee is charged,
provided that an animal hospital maintained by a licensed veterinarian
as part of the practice of veterinary medicine for the treatment of
animals shall not be considered a "commercial kennel/cattery."
Any act or omission prohibited under § 40-7 below.
Any animal kept for pleasure rather than utility; an animal
of a species that has been bred and raised to live in or about the
habitation of humans and is dependent on people for food and shelter.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
Any dog that is trained specifically and/or used to protect
private property, a secured area or persons.
A nonprofit organization dedicated to the rescue, rehabilitation
and adoption of injured, lost or surrendered pets, assisting in low-cost
spay/neuter and the humane education of both adults and children.
Any person, partnership or corporation owning, keeping or
harboring one or more animals. An animal shall be deemed to be harbored
if it is fed or sheltered for three consecutive days or more.
Any person, partnership or corporation, whether operated
separately or in connection with another business enterprise that
buys any species of animal for resale of pets.
Any act or omission prohibited under § 40-13 below.
Any animal humanely secured by a leash or lead and/or under
the control of a responsible person and obedient to that person's
commands.
A condition of good order and cleanliness which minimizes
the probability of transmission of disease and/or the creation of
a public nuisance or health hazard.
Any and all animal laws of the Annotated Code for the State
of Maryland.
An antirabies vaccination using a vaccine type approved by
the Maryland State Department of Health and Mental Hygiene or the
Maryland Public Health Veterinarian.
As defined under § 40-14 below.
Domesticated animals that roam at large, prey on other animals
for food and do not reside with an owner.
A.
It shall be the duty of every owner of any animal
or anyone having any animal in his possession or custody to exercise
reasonable care and to take all necessary steps and precautions to
protect other people, property and animals from injuries or damage
which might result from their animal's behavior, regardless of whether
such behavior is motivated by mischievousness, playfulness or ferocity.
B.
In the event that the owner or keeper of any animal
is a minor, the parent or guardian of such minor shall be responsible
to ensure that all provisions of these regulations and the State Code
are complied with.
C.
No animal may be sold or given to a minor without
the written consent of the minor's parent or legal guardian.
The Emergency Management Director shall be responsible
for the enforcement of these regulations, including but not limited
to public safety, public nuisance, prevention of cruelty to animals
and minimum standards for animal care.
A.
Any Animal Warden employed by the Board of County
Commissioners of St. Mary's County, Maryland, shall exercise that
authority necessary to enforce the provisions of these regulations
and the State Code. Along with their other duties, Wardens are specifically
authorized and empowered by these regulations to:
(1)
Humanely impound animals whose owner or custodian
is found to be in violation of these regulations or the State Code,
and humanely transport those animals to the Tri-County Shelter.
(2)
Make a prompt and reasonable effort to locate and
notify the owner or custodian of an impounded animal, including coordinating
with the shelter staff, posting an impoundment notice on the suspected
owner's door and reviewing lost reports to locate possible owners.
(3)
Issue notices of violations to the owner or custodian
of an animal when it is found to be in violation of these regulations
or the State Code.
(4)
Promptly seek qualified medical assistance for injured
or diseased stray animals which come into the custody of Animal Control.
For this purpose, neither the Warden administering such assistance,
St. Mary's County or any of its employees or agents shall be liable
for acts committed or omitted while rendering such assistance unless
such act or omission constitutes gross negligence or actual malice.
(5)
Conduct public information programs on these regulations
and adoption, spay/neuter, health care and other programs as directed.
(6)
Conduct inspections of commercial animal establishments
as provided in these regulations.
(7)
Receive unwanted animals for adoption or euthanasia.
(8)
Initiate a complaint or other form of enforcement
of these regulations and/or the State Code. Prior to a complaint being
filed by a Warden with the District Court of Maryland, the Warden
shall have probable cause that a violation of these regulations on
the State Code has occurred.
B.
It shall be a violation of these regulations to interfere
with a Warden performing the duties as prescribed in these regulations
and the State Code.
C.
It shall be unlawful for anyone to remove animals
from traps (set by Animal Control or designee) other than the Animal
Wardens or designee.
D.
It shall be unlawful to dispose of any animals placed
in a box or other similar enclosure in any county trash disposal facility
(or any public or private area).
A.
It shall be a violation of these regulations for any
person to:
(1)
Abandon an animal, i.e., trash disposal, rental properties,
side of the road, private/public areas.
(2)
Torture, torment, cruelly beat/kill, injure intentionally,
mutilate, run down with a vehicle intentionally, overdrive, overload
or otherwise abuse any animal.
(3)
Administer poison to any animal or knowingly place
or leave any poisonous or other harmful substance with intent to injure
or kill any animal other than vermin.
(4)
Use or permit any animal to be used for the purpose
of fighting with any other animal.
(5)
Cause, arrange or authorize these acts.
(6)
Have the charge or custody of an animal and inflict
unnecessary suffering or pain upon the animal or unnecessarily fail
to provide the animal with nutritious food in sufficient quantity,
necessary veterinary care, proper drink, air, space, shelter or protection
from the elements.
B.
In the case of activities in which physical pain may
unavoidably be caused to animals, such as medical and scientific activities,
food processing, customary and normal veterinary and agricultural
husbandry practices and hunting, "cruelty" means a failure to employ
the most humane method reasonably available.
A.
It shall be the duty of every resident of the county
owning a dog or cat three months old or older to have such dog or
cat inoculated with an antirabies vaccine approved by the Director
of Public Health. Inoculation shall be repeated as often as the Director
of Public Health may from time to time specify. The inoculation shall
be administered by a licensed veterinarian. The rabies certificate
issued by the veterinarian shall be carefully preserved by the owner
or custodian of the dog or cat and exhibited promptly upon the request
for inspection by the Warden, Health Officer or any other law enforcement
officer or their agents, to include shelter staff when redeeming an
animal at the shelter. The vaccination status of an animal should
always be verified in person either by a health agent, Warden or veterinarian
exam.
B.
Quarantine requirements. As directed by the Health
Department, an animal who has bitten a person or otherwise exposes
a human to rabies shall be quarantined for 10 days in the following
manner:
(1)
There shall be confinement of the animal to a house,
garage or other escape-proof enclosure or building approved by the
Health Department or its designated agent.
(2)
The animal shall not be removed from the structure
unless on a leash and under the immediate control of an adult.
(3)
Contact with other animals or persons other than the
primary caretakers shall be prohibited.
(4)
The animal shall not be removed from the quarantine
premises unless permission is obtained from the local Health Officer
or his designated agent.
(5)
If the animal becomes ill or begins to show behavioral
changes, the owner shall immediately notify the Health Department,
which shall determine an appropriate course of action.
(6)
If the animal dies, the owner shall immediately notify
the Health Department and make the animal available for rabies testing.
(7)
If the animal escapes, the owner shall immediately
notify the Sheriff's Department, the Warden and the Health Department.
(8)
Until the animal is cleared by the Health Department
from quarantine, the owner shall not kill, give away, sell or otherwise
dispose of the animal without written permission from the Health Department.
(9)
If a veterinarian's examination is not required by
the Health Department on the last day of the quarantine, the owner
shall report by telephone to the Health Department the health status
of the animal.
(10)
If the animal is unvaccinated against rabies at the
time of exposure, the animal shall not be vaccinated until released
from quarantine by the Health Department.
(11)
If unvaccinated, the owner shall take the animal to
a licensed veterinarian for a physical rabies exam and vaccination
within five days of the end of quarantine.
(12)
If an animal is not properly quarantined, it shall
be impounded by a Warden or his designee.
(13)
It is the responsibility of the St. Mary's County
Health Department for the enforcement of all quarantine requirements.
A.
The sale of licenses shall be through the St. Mary's
County Treasurer, Animal Control or other designee of the St. Mary's
County Treasurer.
(1)
It shall be unlawful for any person, firm or corporation
to own, keep or harbor a dog six months old or older without a current
St. Mary's County license. The license period shall be concurrent
with the fiscal year, namely from July 1 to June 30, with all fees
payable to the County Treasurer.
(2)
Owners of certified Seeing Eye dogs, hearing dogs,
governmental police dogs or other certified dogs that are trained
to assist the physically handicapped shall not be required to pay
the annual fee but shall be required to obtain and display the license.
(3)
Animal shelters operated by chartered humane organizations
or the county for the purpose of housing stray, abandoned, sick or
injured animals shall be exempt from licensing prior to adoption or
return to owner.
(4)
Applications for license shall be made to the County
Treasurer or a duly authorized agent. Before any license shall be
issued, the owner shall produce a valid rabies certificate issued
by a licensed veterinarian certifying that the dog is currently vaccinated
against rabies. Before any unsexed license shall be issued, the owner
shall produce a certificate of surgical sterilization issued by a
licensed veterinarian certifying that the dog has been spayed or neutered.
(5)
If a dog shall become six months of age or an unlicensed
dog of licensing age shall come into the possession of any person
between July 1 and June 30 of any fiscal year, the full license fee
for that current fiscal year shall be paid forthwith by said owner
or harborer of such dog.
(6)
License certificates shall include the date of issuance
and expiration date, the owner's name, address and home telephone
number, the animal's sex, breed, age, color and markings, rabies vaccination
date, rabies tag number and animal's name.
(7)
A license tag shall be issued with the license certificate.
This tag shall be worn by the dog at all times, except when confined
in a kennel or when participating in a competition where such displays
are prohibited.
(8)
No person may use any license for any dog other than
the animal for which it was issued.
(9)
The license certificate shall be made available upon
request by any health or public safety officer or Animal Control Warden
or their agents.
(11)
Beginning August 1, 1993, there will be added to each
license a penalty of $25 for noncompliance.
B.
Commercial animal establishment licensing. No person,
partnership or corporation shall operate a commercial animal establishment
without first obtaining a commercial animal establishment license
in compliance with this section. License applications shall be accompanied
by written verification from St. Mary's County government that the
applicant complies with the St. Mary's County Zoning Ordinance, as
amended from time to time.
(1)
No fee shall be required of any government-operated
zoological park.
(2)
All dogs and cats offered for sale by a commercial
animal establishment must be examined by a licensed veterinarian within
the last three months prior to sale.
(a)
Any animal under veterinarian treatment may not be
offered for sale without written release from the veterinarian.
(b)
Any owner or employee of a commercial animal establishment
who knows of or should have known of any animal defect or illness
shall make a purchaser aware of this information, in writing, prior
to sale.
(3)
Records or forms must be maintained for a period of
one year for any animal purchased for resale. Records shall contain
the following but are not limited to:
(4)
Every facility regulated by these regulations shall
be considered a separate enterprise requiring an individual license.
(5)
The license period shall run for one year from the
date of issuance. Renewal applications for licenses shall be made
30 days prior to expiration of said license. The license fee shall
be $15 with a penalty of $2 for noncompliance.
A.
No owner or custodian of an animal shall fail to provide
the animal with sufficient wholesome and nutritious food; palatable
water in sufficient quantities; proper air; shelter, space and protection
from the weather; veterinary care when needed to prevent suffering;
and humane care and treatment.
(1)
In the case of farm animals, nothing in this section
shall be construed as imposing shelter requirements or standards more
stringent than normally accepted husbandry practices.
B.
Indoor and outdoor enclosures for animals shall meet
the following minimum standards:
(1)
Be structurally sound and maintained in good repair
to protect the animals from injury and to contain the animal.
(2)
Provide sufficient space to allow each animal adequate
freedom of movement.
(3)
Be routinely cleaned to remove excretions and other
waste materials, dirt and trash, to provide humanely clean conditions
to minimize health hazards and obnoxious odors.
(4)
Provide palatable water that is always available and
that is kept in a vessel secured to prevent tipping.
(5)
For indoor housing facilities, adequate ventilation
by natural or mechanical means and an ambient temperature which shall
be compatible with the health of the animal.
C.
In addition to the above, outdoor enclosures shall
meet the following minimum standards:
(1)
When sunlight is likely to cause heat exhaustion,
sufficient shade by natural or artificial means shall be provided
to protect the animal from direct sunlight.
(2)
If an animal is confined outdoors unattended, it shall
be the duty of each and every owner or custodian to provide said animal
with proper shelter as described below:
(a)
Weatherproof. The shelter must be solid. There
shall be no cracks or openings other than entrance. The shelter shall
not have any metal or plastic primary interior surfaces.
(b)
Elevated. The floor must be off the ground at
least two inches.
(c)
Door flap. The entrance must be covered with
a flexible flap and/or entrance placed downwind when necessary to
protect the animal from the elements of weather.
(d)
Bedding. Bedding must be dry. Straw, leaves,
hay, cedar chips or other material must be provided as needed during
cold and inclement weather.
(e)
Size. It must be large enough to allow the animal
to enter, stand, turn around and lie down comfortably and small enough
to allow the animal to warm the interior with its body.
D.
If a chain, rope or line is used to tie an animal,
it shall be of sufficient length (minimum length of 2 1/2 times the
animal's body length) to safely and humanely allow the animal freedom
of movement without becoming entangled with obstructions.
E.
A person shall not allow an animal to ride in the
unenclosed area of a motor vehicle unless the animal is confined by
a securely affixed, well-ventilated container, cage or other device
designed to safely prevent the animal from falling or jumping from
the motor vehicle.
A.
It shall be unlawful for any person, partnership or
corporation to allow his or its animal to be at large.
B.
This section shall not apply to a dog undergoing supervised
obedience training or while actually engaged in the sport of hunting
in an authorized area while supervised by a competent person possessing
a valid hunting license.
C.
Without permission of the proper authority, the owner
or custodian of any animal may not permit the animal to be on public
or private school grounds on a day when school is in session or in
a public recreation area unless:
D.
No animal accidentally at large with a person in immediate
pursuit shall be deemed at large.
E.
A person who is aware of an animal being at large
or who finds a stray animal shall report the condition to the Animal
Shelter or Warden.
F.
A Warden and/or authorized representative of Animal
Control who observes an animal at large may pursue that animal on
public and/or private property.
G.
The Animal Warden or designee is authorized and directed,
whenever possible, to seize and impound any animal running at large.
When not able to catch an animal running at large and when all other
options have been exhausted, he is authorized and may shoot or otherwise
kill the animal.
Every female dog or cat in season shall be humanely
confined in a building or secure enclosure in such a manner that such
female dog or cat cannot come in contact with an unneutered male of
the same species except for planned breeding. This does not exclude
normal waste elimination while under physical restraint and direct
supervision on the owner or custodian's property.
No person shall keep or maintain any animal
in such manner as to cause or permit the animal to be a public nuisance.
A public nuisance is when an owner or custodian allows an animal to:
A.
Be at large.
B.
Damage the property of anyone other than its owner
or custodian.
C.
Molest pedestrians or passersby.
D.
Intimidate pedestrians or passersby. "Intimidation"
is defined as a reasonable, prudent person under same and/or similar
circumstances, and whether that person would have been intimidated
by the actions of the animal in question.
E.
Chase vehicles.
F.
Bark or make other harsh or excessive noise so as
to disturb the quiet, comfort or repose of members of the community
as reflected by reasonable persons with normal sensitivities to noise.
G.
Foul the air by odor and thereby create unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored.
H.
Defecate on public property or urinate or defecate
on private property.
A.
Term defined.
(1)
For the purpose of these regulations, a "dangerous
and/or vicious animal" shall be defined as:
(a)
Any animal which has inflicted injury on a human
being without provocation on public or private property. Any person
may kill any licensed or unlicensed dog which attacks him while he
is peacefully standing, moving or riding outside the enclosure of
the dog's owner or custodian.
(b)
Any animal which has injured or killed a domestic
animal without provocation. Any person may kill any licensed or unlicensed
dog found out of the enclosure of its owner or custodian and not under
his immediate care actually in the act of wounding or killing persons,
livestock or fowl.
(c)
Any animal owned or harbored primarily or in
part for the purpose of animal fighting or any animal trained for
animal fighting.
(d)
Any animal not owned by a governmental or law
enforcement unit, used primarily to guard on public or private property.
(2)
No animal shall be declared dangerous and/or vicious
if the threat, injury or damage was sustained by a person who:
(a)
At the time was committing a willful trespass
or other criminal act upon the premises of the owner or custodian
of the animal.
(b)
Was teasing, tormenting, abusing, or assaulting
the animal.
(c)
Has in the past been observed or reported to
have teased, tormented, abused or assaulted the animal.
(d)
Was committing or attempting to commit a crime.
(e)
Deliberately placed the animal in the position
of protecting or defending its young or other animal.
(f)
Caused pain or injury to the animal immediately
prior to the attack.
B.
Upon determination of an animal being dangerous and/or
vicious by the Animal Warden, the Warden may require any or all of
the following:
(1)
Any dangerous and/or vicious animal must be kept in
its own enclosure.
(2)
Where any owner or custodian of a dangerous and/or
vicious animal maintains his animal outside, a portion of his property
shall be fenced with a perimeter or area fence. Within this perimeter
fence, the animal shall be humanely confined inside a pen or kennel
of adequate size. The pen or kennel shall not share common fencing
with the area of perimeter fence. The kennel or pen must have secure
sides and a secure top attached to all sides; the sides must either
be buried two feet into the ground, sunken into a concrete pad or
otherwise secured to prevent escape by digging. The gate to the kennel
must be locked.
(3)
Whenever outside of its enclosure but on the owner's
or custodian's property, a dangerous and/or vicious animal shall be
attended by the owner or custodian and restrained by a secure collar
and leash of sufficient strength to prevent escape.
(4)
All owners or custodians of any dangerous and/or vicious
animal shall display in a prominent place on their premises and at
each entrance and exit to the area where such animal is confined a
sign easily readable by the public using the words "DANGEROUS."
(5)
Except when being transported in and humanely and
securely confined within a vehicle, no dangerous and/or vicious animal
shall be permitted off the property of his owner or custodian except
when it is:
(6)
The animal shall be neutered at the expense of the
owner.
(7)
Ownership or custody of an animal deemed dangerous
and/or vicious by the Animal Warden shall not be transferred without
prior notification to the Warden or designee.
(8)
The animal shall be humanely euthanized.
C.
Any police officer or Animal Warden has full authority
to kill any dog that is known to be living in the county in a wild
state. There shall be no liability on such persons, police officers
or Animal Wardens in damages or otherwise for killing of animals as
permitted in these regulations.
D.
The Animal Warden or designee is authorized whenever
possible to seize any animal known to be dangerous and vicious and
found to be running at large. When not able to catch the animal and
when all other options have been exhausted, he is authorized and may
shoot or otherwise kill the animal.
A.
Any animal observed in violation of these regulations
or the State Code shall be immediately and humanely impounded and
housed with the Animal Shelter or designated agent. In addition to
or in lieu of impounding an animal, the Warden may issue to the known
owner of such animal a notice of violation.
B.
Impounded domestic animals shall be kept for not fewer
than three working days unless said animal is contagiously ill or
severely injured.
C.
An owner reclaiming an impounded animal shall pay
the fees established by the Sheltering Authority. The fees for subsequent
impounds occurring within 12 months shall be doubled. Upon the third
impoundment within 12 months, the animal shall remain in the shelter
until the owner appears before the Director. The Director shall determine
the necessary means to address the violations and to levy fines and
fees.
D.
In addition to paying the established fees, an owner reclaiming an impounded animal shall show proof of a current rabies vaccination and county license or shall pay the license fees required to comply with § 40-9 of these regulations and other expenses incurred by the county in caring for the impounded animal.
E.
Except as otherwise provided in these regulations,
any animal impounded and not redeemed by its owner within three working
days following notice of impoundment shall be deemed abandoned. The
animal shall become the property of the county, which shall place
for adoption or euthanize the animal in accordance with the State
Code and the shelter policy.
F.
No unclaimed dog or cat shall be released for adoption
without being sterilized or without written agreement from the adopter
guaranteeing that such animal will be sterilized within 30 days for
adults or at a specified date in the contract for puppies and kittens.
A deposit established by the sheltering authority shall be paid at
the time of adoption and refunded once proof of sterilization is presented.
G.
Any animal considered by the sheltering authority
to be unhealthy, dangerous or otherwise unsafe shall not be placed
for adoption.
H.
The Animal Shelter shall deny applications for adoption
as provided by established shelter policy and procedure.
I.
No wild animal shall be placed for adoption.
J.
No animal shall be knowingly sold or given away for
use in experimentation or research.
K.
The county, its employees or agents shall not be liable
for any damage to person or property caused by an animal adopted or
reclaimed from the shelter.
Any fees established within these regulations
may be evaluated and adjusted annually.
The fines for violations are as follows:
|
Description of Violation
|
Fine
|
|---|---|
|
Interference with a Warden
|
$50.00
|
|
Rabies prevention
| |
|
Failure to vaccinate
|
$25.00
|
|
Failure to quarantine
|
50.00
|
|
Failure to license
|
25.00
|
|
Animal care
|
25.00
|
|
(Per offense, not to exceed $100
per animal)
| |
|
Animal at large
| |
|
First offense
|
25.00
|
|
Second offense
|
50.00
|
|
All subsequent violations (per animal)
|
100.00
|
|
Female in season
|
35.00
|
|
Public nuisance
|
50.00
|
|
Dangerous and/or vicious
| |
|
First offense
|
50.00
|
|
Second offense
|
100.00
|
|
After second offense, animal will
be removed from the owner for public safety, and will be secured at
the Tri-County Animal Shelter pending an investigation.
|
No statement, provision or regulations set forth
herein shall be construed to prevent the County Commissioners of St.
Mary's County, Maryland, or the Town of Leonardtown from entering
into a contract with any outside service for the administration of
all or any portion of these regulations.
All other regulations of St. Mary's County or
the Town of Leonardtown that are in conflict with these regulations
are hereby repealed to the extent of such conflict.
If any part of these regulations shall be held
invalid, such part shall be deemed severable, and the invalidity thereof
shall not affect the remaining parts of these regulations.
