
P.O. Box 1015
Waldorf, MD 20604-1015
Phone: 301 645-8181
Charles County, Maryland Animal Regulations
Section 1: Statement of Purpose
These Animal Regulations are hereby established by the County Commissioners of
Charles County, Maryland to provide for the safety of the public, the humane
care and treatment of animals and to encourage responsible pet ownership.
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Section 2: Definitions
As used in these regulations, the following terms are defined below:
Animal:
Every non-human species of animal, both domestic and wild, including
but not limited to dogs, cats, livestock, and fowl.
Animal at Large:
Any animal off the premises of the owner, and not under the restraint of
a person capable of controlling the animal.
Animal Control:
Charles County Animal Control shall include but not be limited to any
individual designated by the County Commissioners to enforce these regulations
and the State Code.
Animal Control Officer (ACO):
Any Animal Control Officer employed by Charles County Commissioners
to enforce these regulations and the State Code.
Animal Exposed to Rabies:
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
length 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 Charles County
and the Maryland Department of Health and Mental Hygiene.
Animal Veterinary Hospital:BR>
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.
Animal Shelter:
Any facility operated by a municipal agency or its agents, for the purpose of impounding animals
under the authority of these Regulations or State Code for care, confinement, return to owner, adoption,
or euthanasia.
Auction:
Any place or facility where animals are regularly bought, sold, or
traded, except for those facilities otherwise defined in these Regulations.
Board:
The Animal Control Board established pursuant to these Regulations.
Cage:
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.
Circus:
A commercial variety show featuring animal acts for public entertainment.
Commercial Animal Establishment:
Any person, partnership or corporation or other legal entity that has as its
primary purpose the sale, transfer, or conveyance of any animal or animal services
for money. 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. Shall not include animal hospitals, animal shelters or humane
societies.
Commercial Kennel or Cattery:
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".
Cruelty:
As defined under Section 8.
Domestic Animal:
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.
Guard Dog:
Any dog that is trained specifically and/or used to protect private
property or a secured area.
Grooming Shop:
A commercial establishment where animals are bathed, clipped, plucked,
or otherwise groomed.
Humane Society
A non-profit organization dedicated to the rescue, rehabilitation, and adoption of
injured and ailing pets and to the humane education of both adults and children.
Owner:
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
3 consecutive days or more.
Performing Animal Exhibition:
Any spectacle, display, act or event, other than circuses, in which
performing animals are used.
Pet Shop:
Any person, partnership, or corporation, whether operated separately or in conjunction
with another business enterprise that buys or brokers any species of animal
for resale for pets.
Petting Zoo:
Any activity or facility where a fee is charged, whose purpose is to
permit persons to come into physical contact with animals maintained within
or upon such establishment, activity, or facility.
Public Nuisance:
As defined under Section 16.
Restraint:
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.
Sanitary:
A condition of good order and cleanliness which minimizes the probability
of transmission of disease.
State Code:
Any and all animal laws of the Annotated Code for the State of Maryland.
Rabies Vaccination:
An anti-rabies vaccination using a vaccine type approved by the Maryland
State Department of Health and Mental Hygiene or the Maryland Public Health
Veterinarian.
Vicious or Dangerous Animal:
As defined under Section 17.
Wild Animal:
As defined in State and Federal Code.
Zoological Park
Any facility operated by a person, partnership, corporation, or government agency, other than a
pet shop or kennel, displaying or exhibiting one or more species of
nondomesticated animals.
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Section 3: Duty of all animal owners to be responsible owners
3.0 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 mischeivious, playfulness, or ferocity.
3.1 In the event that an 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.
3.2 No animal may be sold or given to a minor without the written consent of the parent
or legal guardian.
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Section 4: Animal Control Board
4.0 There is hereby created an Animal Control Board which shall consist of
not more than nine (9) members to be appointed by the County Commissioners. The Board shall consist
of one (1) representative each from the following agencies and professions:
Charles County Health Department;
Charles County Office of the Sheriff;
Charles County Humane Society;
A veterinarian licensed to practice in Charles County
The remaining five (5) members shall be Charles County citizens at-large.
4.0.1 The term of appointment is for four (4) years. Appointees
can serve no more than two (2) consecutive terms. Any person appointed to fill a
vacancy created by resignation or otherwise shall be appointed only to fulfill the unexpired term of the
member who has vacated the position. That person is eligible for an additional
appointment of two four (4) year consecutive terms.
4.0.2 The members of the Board shall serve without compensation.
4.0.3 Board members shall abide by the Charles County Code of Ethics.
4.0.4 The Chairman and Vice Chairman shall be appointed by the
County Commissioners of Charles County, Maryland.
4.0.5 A quorum shall consist of a majority of the appointed members.
4.0.6 To the extent provided by the approved fiscal year budget
the County Commissioners of Charles County, Maryland shall
provide for the Board such office space, supplies, equipment as
may be required by the Board.
4.0.7 To the extent provided for by the approved fiscal year budget
the County Attorney's Office shall provide support personnel as may be required by the Board.
4.0.8 The Board shall use Roberts Rules of Order as a guide to
conduct any and all public hearings.
4.1 Powers and/or Duties of the Animal Control Board.
4.1.1 The Board shall meet monthly or at the discretion of the
Chairman to fulfill the duties and responsibilities of the Board.
4.1.2 The Board shall submit an annual report to the County Commissioners concerning its
responsibility hereunder.
4.1.3 The Board shall recommend to the County Commissioners
changes in the law regarding the control of animals in Charles County.
4.1.4 The Chairman shall notify the County Commissioners if a
Board member misses 3 regularly scheduled meetings.
4.1.5 Upon a written complaint or a request from a person receiving
a violation notice, conduct a public hearing after due notice
to determine whether violations of these regulations have
occurred, whether a person subject to an order of the Board
has complied with that order.
4.1.6 At the close of all evidence in a case, if the Board finds that
a violation of the Charles County Animal Regulations occurred, it may levy fines as provided
in Section 21. In cases dealing with multiple charges, the Board may
reduce or increase any fine imposed to an amount that the Board considers
appropriate. If the Board finds that a violation did not occur, it shall
dismiss the charges.
4.1.7 To issue subpoenas for the attendance of a witness(es) and the
production of document(s) at a hearing of the Board.
4.1.8 Upon determination after notice and hearing that violations
of these Regulations have occurred and that a public nuisance animal or condition exists,
require the payment of penalties and the taking of other affirmative action
to abate.
4.1.9 Any animal that has been determined by the Board to be a public nuisance and/or vicious
and/or dangerous that is impounded for a repeat violation of
the same charge may be held, at the Board's request, at the Sheltering Facility until the
case may be heard by the Board.
4.2 hearing Procedures: Findings and Orders.
The Board shall conduct hearings when:
4.2.1 A written complaint that a person has violated or permitted
his animal to violate the provisions of these Regulations is filed
with the Board.
4.2.2 A written complaint that a person has failed to comply with
an outstanding order of the Board is filed with the Board.
4.2.3 A person who has been served with a citation fails to pay the fine
before the required date; or
4.2.4 An Animal Control Officer signs a written complaint.
4.3 The Board shall give notice in writing to the defendant of a complaint by either personal delivery,
or by certified mail, restricted delivery, return receipt requested. Said
notice shall be received by the defendant at least fourteen (14) days prior
to the public hearing regarding the alleged violation.
4.4 At the close of all of the evidence, the Board shall deliberate and
within fourteen (14) days, the Board shall issue its written decision and order. The order
shall contain Findings of Fact and Conclusions of Law. If the Board finds that
a violation did not occur, it shall dismiss the complaint or citation. In addition
to imposing penalties, the Board may require appropriate affirmative action,
including but not limited to:
4.4.1 The mandatory restriction of confinement of the animal under such
conditions as the Board may require in its discretion;
4.4.2 The mandatory disposition of the animal as the Board may direct in
its discretion;
4.4.3 The correction of conditions or methods of animal care, keeping
maintenance, housing, or veterinary treatment, as the Board may determine
in its discretion; all costs associated with the Board's recommendation
shall be the responsibility of the owner.
4.5 All Decisions of the Board authorized under these Regulations shall be final
and subject to review only by the Circuit Court for Charles County upon a
timely appeal filed pursuant to the Maryland Rules of Procedure by any person
aggrieved by a decision within the time prescribed for appeals from
administrative agencies by such rules of procedure.
4.6 Orientation for the Board
4.6.1 At the beginning of each year, the assigned County Attorney will
conduct a briefing for the Board. (The serious consequences for all
concerned makes imperative that the hearing be conducted properly and
with fairness to all parties. Not only should the members of the Board,
and in particular the Chairman, know and follow the adopted rules of
administrative procedure. The Board should be educated in the principles,
and practice of due process, including but not limited to, how to examine
and weigh evidence and testimony. The briefing proposed above would serve
as an orientation for new members and a "refresher" for incumbents.)
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Section 5: Chief of Animal Control Services
5.0
The Chief shall ensure the enforcement of the provisions of these Regulations
including but not limited to public safety, public nuisance, prevention, cruelty to
animals, and minimum standards for animal care. The Chief shall implement and
maintain the following:
5.0.1
A program of regular patrols and response to citizen complaints for the purpose of
enforcing these Regulations and the State Code regarding animals.
5.0.2
A program inspection of all animal establishments required to have a special permit
under the provision of these Regulations.
5.0.3
A program to maintain accurate records of licenses, impoundments, dispositions, and
enforcement actions and animal bites.
5.0.4
Shall provide a 24-hour, seven-day a week animal emergency service to the extent
provided by the current approved fiscal year budget.
5.0.5
Public information programs on these Regulations, adoption, spay and neuter, health
care, and other programs as needed.
5.1
The Chief shall serve as an advisor to the Animal
Control Board.
5.2
The Chief shall carry out the orders resulting from the hearings of the Animal
Control Board.
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Section 6: Chief of Animal Control Services
6.0
Any Animal Control Officer employed by the County Commissioners of Charles County, Maryland, shall exercise that
authority necessary to enforce the provisions of these Regulations and the
State Code. Animal Control Officers are specifically authorized and empowered
by these Regulations, without limitation, to:
6.0.1
humanely impound any animal which has been observed by an Animal Control Officer to
be kept in violation of those Regulations or the State Code;
6.0.2 make a prompt and reasonable effort to locate and notify the owner or custodian of an impounded animal, including
coordinating with the Shelter Staff;
6.0.3 issue notices of violations to the owner or custodian of an animal when it is
observed in violation of these Regulations or the State Code;
6.0.4 shall promptly respond to administer emergency assistance, first aid, and/or
qualified medical assistance to injured or diseased stray animals which come into
the custody of the County, without the consent of the owner or custodian of such
animal.
6.0.4(a)
For this purpose, neither the Officer administering such assistance, Charles 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 malice.
6.0.5 To investigate animal bites and make recommendations to the Animal Control Board
and/or Health Department pursuant to these Regulations.
6.0.6 receive and investigate complaints concerning dangerous and/or vicious animals.
Whenever an animal complained against shall be reasonably deemed by an Animal
Control Officer to be a dangerous and/or vicious animal as defined in Section
17 of these regulations, the Animal Control Officer may issue a Citation
for Violation of Animal Regulations to the owner and/or custodian of the
animal citing section 17 and any other applicable sections of the Animal
Regulations. A citation for the violation of section 17 requires the owner
and/or custodian to appear before the Animal Control Board on the date
specified on the citation for a hearing to determine if the animal is
to be designated as dangerous and/or vicious pursuant to these regulations.
6.06(a) If the Animal Control Officer determines that an animal which has threatened
the public safety and welfare continues to present a threat to the public safety
and welfare, the Animal Control Officer may impound the animal. The Animal Control
Officer may enter private property upon probable cause in order to determine if
the animal threatens the public safety and welfare and to impound the animal
pursuant to this section. The animal shall remain impounded pending a hearing
before the Animal Control Board. Whenever an animal has been impounded
pursuant to this section the owner and/or custodian, if known, shall
be issued a Citation for Violation of Animal Regulations section
17 with the date and time for the scheduled hearing by the Animal
Control Board. The Animal Control Officer, owner and/or custodian
may petition the Chairman of the Animal Control Board to conduct a
special hearing on the matter prior to the next regularly scheduled
meeting of the Animal Control Board in accordance with section 4 of these
regulations.
6.06(b) During the period of impoundment under this section the owner and/or custodian
may be held responsible for all costs and maintenance expenses incurred.
These expenses shall be itemized and presented to the Animal Control Board to make
a decision on amount of restitution to be paid by the owner and/or custodian of the
animal.
6.0.7 To conduct public information programs on these Regulations, adoption, spay neuter,
health care, and other programs as directed.
6.0.8 To condition inspections of commercial animal establishments as provided in these
Regulations.
6.0.9
To receive any unwanted animals.
6.10
It shall be a violation of these Regulations to interfere with an Animal Control
Officer performing the duties as prescribed in these Regulations and the State
Code.
6.1
It shall be a violation of these Regulations to interfere with an Animal Control
Officer performing the duties as prescribed in these Regulations and the State Code.
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Section 7: Powers and Duties of the Animal Shelter
7.0
The Animal Shelter shall have the powers to:
7.0.1
receive stray and unwanted animals;
7.0.2
ascertain the identity of the owner of an impounded animal, and as a precondition
of release require the payment of all charges for the care, impoundment, board,
veterinary treatment, and unpaid license fees from the animal owner;
7.0.3
place for adoption unredeemed or unwanted animals in accordance with these
Regulations, the State Code, and the policies established by the Sheltering
Authority;
7.0.4
humanely euthanize unredeemed or unwanted animals in accordance with these
Regulations and the State Code.
7.1
The Animal Shelter shall have the following duties:
7.1.1
Provide humane treatment of all animals, at all times, under their care.
7.1.2
Maintain and adhere to comprehensive procedures prescribing standards for the
humane operation of the Animal Shelter, including, but not limited to, the
housing, feeding, care, veterinary treatment, adoption, and euthanasia of
animals in the facility pursuant to these Regulations and State Code.
7.1.3
To the extent provided by the approved fiscal year budget, shall provide for
necessary and appropriate veterinary care of injured or sick animals in the
custody of the County. Such veterinary care may be rendered without the
consent of the owner. Charles County employees, Shelter Staff and its agents
shall not be liable for acts committed or omitted in rendering such care.
7.1.4
Shall post an approved schedule of fees for the housing, care, treatment,
adoption and redemption of animals which come into the custody of the Animal
Shelter in a conspicuous place at the Animal Shelter.
7.1.5
Shall keep for a period of three (3) years after such activity records of
impoundments, veterinary treatment, disposition of animals, and
other activities. Animal records shall be complete and accurate to the best
ability of the breed, sex, color, condition, how when and where animal was
obtained, and identification as tattoo or tags.
7.1.6
To conduct public information programs on these Regulations, responsible pet
ownership, adoption, spay, neuter, health care and other programs as directed
by the Sheltering Authority.
7.1.7
Shall make a prompt and reasonable effort to locate and notify possible owners
of a stray animal. trace identification and provide for publication the name,
location, hours of operation and telephone numbers in a newspaper of general
circulation in Charles County.
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Section 8: Cruelty
8.0
It shall be a violation of these Regulations for any individual to:
8.0.1
abandon an animal;
8.0.2 torture, torment, cruelly beat/kill, injure, intentionally mutilate, run down with
a vehicle intentionally, overdrive, overload, or otherwise abuse any animal;
8.0.3 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;
8.0.4 use or permit any animal to be used for the purpose of fighting with any other
animal;
8.0.5 cause, arrange, or authorize these acts;
8.0.6 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.
8.1
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.
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Section 9: Rabies Prevention
9.0
It shall be the duty of every resident of the County owning a dog, cat or ferret
four (4) months old or older to have such dog, cat or ferret inoculated with an
anti-rabies vaccine approved by the Director of Public Health, which 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, cat or ferret and exhibited promptly upon the
request for inspection by the Animal Control Officer, Health Officer, or any other
law enforcement officer, or their agents, to include shelter staff when redeeming
an animal at the shelter. Status of animal in quarantine should always be verified
in person either by Health agent, Animal Control Officer or veterinarian exam.
9.1
Quarantine Requirements. As directed by the Health Department, an animal who has
bitten, been bitten by or otherwise exposed or has been exposed by another animal,
or who has bitten or otherwise exposes a human, or other animal, if not euthanized
and tested for rabies, shall be quarantined for a minimum of ten (10) days
following the exposure, that quarantine requires:
9.1.1
Confinement of the animal to a house, garage or other escape proof enclosure or
building approved by the Health Department or their designated agent(s).
9.1.2 The animal may not be removed from the structure unless on a leash and under the
immediate control of an adult.
9.1.3 Prevent contact with other animals or persons other than the primary caretakers.
9.1.4 The animal may not be removed from the quarantine premise unless permission is
obtained from the local Health Officer or his designated agent(s).
9.1.5 If the animal becomes ill or begins to show behavioral changes, the owner must
immediately notify the Health Department, who shall determine what shall be done.
9.1.6 If the animal dies, the owner shall immediately notify the Health Department and
make the animal available for rabies testing.
9.1.7 If the animal escapes, the owner shall immediately notify the Sheriff's Department,
Department of Animal Control and the Health Department.
9.1.8 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
permission from the Health Department.
9.1.9 If a veterinarian's examination is not required on the last day of the quarantine,
the owner shall report by telephone to the Health Department the health status of
the animal.
9.1.10 If the animal is unvaccinated against rabies at the time of exposure, the animal
shall not be vaccinated until released from quarantine.
9.1.11 If unvaccinated, the owner shall take the animal to a licensed veterinarian for a
physical rabies exam and vaccination within five (5) days of the end of quarantine.
9.1.12 If an animal is not properly quarantined it shall be impounded by an Animal Control
Officer or his designee.
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Section 10: Licensing
10.0
The sale of licenses shall be through the Charles County treasurer, Charles County
Animal Control, and/or designees of the Charles County Commissioners.
10.0.1
It shall be unlawful for any person, firm or corporation to own, keep or harbor a
dog four (4) months old or older without a current Charles County License. The
license shall expire one year from the date of issuance.
10.0.2 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.
10.0.3 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.
10.0.4 Applications for license(s) shall be made to the County treasurer or a duly
authorized agent(s). Before any license shall be issued, the owner shall produce a
valid rabies certificate issued by a licensed veterinarian proving 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 proving that the dog has been spayed or neutered.
10.0.5 License certificates shall include the date of issuance and expiration date, the
owner's name and address, home and work telephone numbers, sex, species, breed,
age, color and markings; rabies expiration date, rabies tag number, issuing
veterinarian and veterinarian's telephone number.
10.0.6 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.
10.0.7 No person may use any license for any dog other than the animal for which it was
issued.
10.0.8 The license certificate shall be made available upon request by any health or
public safety officer, or their agents.
10.0.9 The annual fee for a dog license shall be:
| Unneutered Male |
$15.00 |
| Unspayed Female |
$15.00 |
| Neutered Male |
$2.00 |
| Spayed Female |
$2.00 |
10.1
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 Charles County Government that
the applicant complies with any and all Zoning Ordinances and amendments thereto.
10.1.1
No fee may be required of any government operated zoological park.
10.1.2 All dogs and cats offered for sale or resale must be examined by a licensed
veterinarian within the last three (3) months prior to sale or resale.
10.1.2(a) Any animal under veterinarian treatment may not be offered for sale without release
from the veterinarian.
10.1.2(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 prior to sale.
10.1.3 Records or forms must be maintained for a period of one (1) year for any animal
sold. Records shall contain the following but are not limited to:
10.1.3(a) Animal Description-breed, sex, color, and age.
10.1.3(b) The origin of purchase to include the supplier and the date of receipt.
10.1.3(c) Medical Record and any required treatment program.
10.1.4
An annual Commercial Animal Establishment License shall be issued upon successful
completion of an inspection and payment of the applicable fee and shall be
displayed in a conspicuous place.
10.1.5(a)
If there is a change in ownership of a Commercial Animal Establishment, the new
owner shall have the current license transferred to his/her name upon payment
of a $25.00 transfer fee and completion of a successful inspection.
10.1.5(b) If there is a change in the location of a Commercial Animal Establishment, the
owner shall file for a change of address and pay a $25.00 fee and complete a
successful inspection, within thirty days of change of location.
10.1.6 Any Commercial Animal Establishment who has a change in the category under which a
license was issued shall notify the licensing authority and be subject to
reinspection, reclassification and readjustment of the license fee.
10.1.7 Every facility regulated by these Regulations shall be considered a separate
enterprise requiring an individual license.
10.1.8 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.
10.2
Commercial Animal Establishment - License Issuance and Revocation
10.2.1 Written application for a Commercial Animal Establishment license shall be made to
the County treasurer. Application shall be accompanied by the license fee and
written verification from Charles County Government that the establishment complies
with County Zoning Ordinances.
10.2.2 After an application is filed, the license authority shall inspect the facility
prior to issuing the license. A license may be withheld or revoked if the person,
partnership or corporation holding the license refuses or fails to comply with
these Regulations or any law governing the protection and keeping of animals.
10.2.3 It shall be a condition of the issuance of any license that Charles County Animal
Control be permitted to inspect upon demand during normal business hours all
animals and the premises where animals are kept. If permission for such inspection
is refused the license of the refusing owner shall be revoked.
10.2.4 If the applicant has withheld or falsified any information on the application, the
licensing authority may refuse to issue or may revoke the license.
10.2.5 No person, partnership or corporation who has been found guilty of cruelty to
animals shall be issued a license to operate a commercial animal establishment.
10.2.6 Any person having been denied a license shall not be eligible to reapply for a
period of six (6) months. Each reapplication shall be accompanied by a $25.00 fee
and written verification from Charles County Government that the establishment
complies with any and all County Zoning Ordinances and amendments thereto.
10.2.6(a)
Individuals who have been denied a license under 10.2.5 may not reapply.
10.2.7 Appeals for withheld or revoked licenses may be made to the Board within fourteen
(14) days of the notice of such action.
10.2.8 In the event of a timely appeal the revocation of a license may not be effective
until after the next scheduled public hearing except:
10.2.8(a)
In the event of an emergency situation an Animal Control Officer may make
application before the Chairman of the Board who is authorized to issue a cease
and desist order. This case shall be heard at the next hearing of the Board.
10.3
Commercial Animal Establishment License Fees
10.3.1 License fee for any kennel and cattery shall be:
|
-Boarding kennel/cattery authorized to house
fewer than ten dogs or cats |
$75.00 |
|
-Boarding kennel/cattery authorized to house
ten or more but fewer than fifty dogs or cats |
$150.00 |
|
-Boarding kennel/cattery authorized to house fifty or more dogs or cats
|
$200.00 |
|
-Breeding Kennel/cattery authorized to house fewer than Ten adult animals
|
$75.00 |
|
-Breeding Kennel/cattery authorized to house ten or more but fewer than
fifty adult animals |
$150.00 |
|
-Breeding Kennel/cattery authorized to house fifty or More adult animals
|
$200.00 |
10.3.2
10.3.3
10.3.4
10.3.5
10.3.6
10.3.7
10.3.8
| guard-dog training center |
$250.00 |
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Section 11: Animal Care
11.0 No owner or custodian of an animal shall fail to provide the animal
with humane care and treatment, sufficient, wholesome and nutritious food; portable
water in sufficient quantities; proper air, shelter, space, and protection from the
weather; and veterinary care when needed.
11.0.1 In the case of farm animals, nothing in this Section may be construed as imposing
shelter requirements or standards more stringent than normally accepted husbandry
practices.
11.1
Minimum standards for indoor and outdoor enclosures for animals must:
11.1.1 be structurally sound and maintained in good repair to protect the animal
from injury and to contain the animal;
11.1.2 provide sufficient space to allow each animal adequate freedom of
movement; Space must be appropriate and sufficient for the age, breed/type,
quantity, condition and size of the animal(s).
11.1.3 clean to remove excretions and other waste materials, dirt and trash, to
provide humanely clean conditions to minimize health hazards and obnoxious
odors;
11.1.4 provide palatable water that is always available and that is kept in a
vessel secured to prevent tipping.
11.1.5 Indoor housing facilities shall provide adequate ventilation by natural
or mechanical means and the ambient temperature shall be compatible with the
health of the animal.
11.2 Outdoor shelter shall be as follows:
11.2.1 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.
11.2.2 If a dog is confined outdoors unattended, it shall be the duty of each
and every owner to provide said dog with proper shelter as described below:
11.2.2(a) WEATHERPROOF
- 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. (Commercially made shelters with insulation material
between the inner and outer layers of fiberglass/plastic construction
are generally acceptable.)
11.2.2(b) ELEVATED
- Floor must be off the ground at least two (2) inches.
11.2.2(c) DOOR FLAP
- Entrance must be covered with a flexible flap and/or entrance placed
down wind when necessary to protect the animal from the elements of
weather.
11.2.2(d) BEDDING
- Bedding must be dry. Straw, leaves, hay, cedar chips or other material
must be provided as needed during cold and inclement weather.
11.2.2(e) size
- Large enough to allow the animal to enter, stand, turn around and
lie down comfortably. Small enough to allow the animal to warm interior
with its body.
11.3 If a chain, rope, line or other such item, is used to tie an
animal, it shall be of sufficient length to safely and humanely allow the
animal freedom of movement without becoming entangled with obstructions.
11.4 A person may 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 designated to safely prevent the animal from
falling or jumping from the motor vehicle.
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Section 12: Animal At Large
12.0 It shall be unlawful for any person, partnership or corporation to
allow their animal to be at large.
12.1 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.
12.2 Without permission of the proper authority the owner or custodian of
any animal may not permit the animal to be on school grounds on a day when school
is in session, in a public recreation area, any public property or thoroughfare, or
private property without the property owner's permission unless:
12.2.1 the animal is controlled by a leash or similar restraining device.
12.2.2 the presence of the animal is in an organized activity such as a dog
show.
12.3 No animal accidentally at large with a person in immediate pursuit shall
be deemed at large.
12.4 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 Animal Control Officer.
12.5 An Animal Control Officer and/or authorized representative of Animal
Control who observes an animal at large may pursue that animal on public and/or
private property.
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Section 13: Female in Season
13.0
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 and on the owner/custodian's property.
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Section 14: Allowing An Animal To Urinate Or Defecate On Private Property Prohibited
14.0 It shall be unlawful for any owner or custodian to allow their animal
to urinate or defecate on the property of another without the consent of the owner
of said property.
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Section 15: Allowing An Animal To Defecate On Public Property Prohibited
15.0
It shall be unlawful for any owner or custodian to allow their animal to defecate
on public property unless the owner or custodian of the animal immediately
thereafter removes and disposes of it in a sanitary manner. This does not apply to
livestock.
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Section 16: Public Nuisance
16.0
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:
16.0.1 be at large;
16.0.2 damage the property of anyone other than its owner;
16.0.3 molest pedestrians or passersby;
16.0.4 intimidate pedestrians or passerby. Intimidation should be 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.
16.0.5 chase vehicles;
16.0.6 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;
16.0.7 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;
16.0.8 allow to defecate on public property and/or urinate/defecate on private
property; or
16.0.9 continue or repeat that behavior or activity for which the animal has
previously been determined by the Board after notice to its owner and a hearing,
to be in violation of any of these regulations and/or a public nuisance by virtue
of being a menace to the public health, welfare or safety.
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Section 17: Dangerous and/or Vicious Animals
17.0
For the purpose of these Regulations a dangerous and/or vicious animal shall be
defined as:
17.0.1 which wounds, bites, or otherwise injures a human being without provocation
on public or private property. For the purposes of this section, the term
"unprovoked" shall mean any situation occurring in Section 17.0.5(a)
through 17.0.5(f), and not the term as described in the Health Department bite
report.
17.0.2 which has injured or killed a domestic animal, without provocation, on
public or private property;
17.0.3 which has a vicious nature, disposition and/or propensity which is known
or should be known by its owner.
17.0.4 Any animal owned or harbored primarily or in part for the purpose of animal
fighting, or any animal trained for animal fighting;
17.0.5 Any animal not owned by a governmental or law enforcement unit, used
primarily to guard public or private property.
17.0.6 No animal may be declared dangerous and/or vicious if the threat, wound,
bite, injury or damage was sustained by a person who:
17.0.6(a) at the time was committing a willful trespass or
other tort upon the premises occupied by the owner or keeper of the animal;
or
17.0.6(b) was tormenting, abusing, or assaulting the animals; or
17.0.6(c) has in the past been observed or reported to have tormented,
abused, or assaulted the animal; or
17.0.6(d) was committing or attempting to commit a crime; or the animal was:
17.0.6(e) protecting or defending its young or other animal;
17.0.6(f) responding to pain or injury.
17.1 Upon determination of dangerous and/or vicious by the Board the Board may require any or all of the following:
17.1.1 No dangerous and/or vicious animal shall be chained, tethered, or otherwise tied to any inanimate object, such as a tree, post, or building outside of its own enclosure.
17.1.2 Any owner of a dangerous and/or vicious animal who maintains their animal
outside, a portion of their 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 may not share common fencing with the area or perimeter fence. The kennel or pen must have secure sides; a secure top attached to all sides; the sides must either be buried 2 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.
17.1.3 Whenever outside of its enclosure, but on the owner's property, a dangerous and/or vicious animal must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent escape.
17.1.4 The owner or custodian of any dangerous and/or vicious animal shall display in a prominent place on their premises where the animal is kept, 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 DOG" Or such other language as the Board may direct . The lettering on the signs shall be at least 3" block on signs 8 1/2" by 14", easily readable, in bright colors.
17.1.5 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 it's owner except when it is:
17.1.5(a) attended by his owner; and
17.1.5(b) is humanely restrained by a secure collar and leash (not to exceed 6 feet in length); both collar and leash to be of sufficient strength to prevent escape; and
17.1.5(c) is humanely muzzled by any means sufficient to prevent biting other persons or domestic animals.
17.1.6 The animal be neutered at the expense of the owner.
17.1.7 The animal be tattooed with a number to be issued by the Board at the expense of the owner.
17.1.8 Ownership or custody of an animal deemed dangerous and/or vicious by the Board shall not be transferred without prior written approval of the Board.
17.1.9 The animal be humanely euthanized.
17.2 The owner or custodian of an animal deemed dangerous and/or vicious by the Board shall immediately notify the Sheriffs' Department and Animal Control if the animal should become at-large or otherwise not meet any and all requirements set by the Board.
17.3 Enforcement of the requirements set by the Board for the keeping of a dangerous and/or vicious animal.
17.3.1 In the event that the owner of a dangerous and/or vicious animal is in violation of any Regulation, the ACO or other public safety officer may order the violation immediately corrected and issue a citation to the owner or custodian.
17.3.2 If the violation cannot be immediately corrected the animal may be impounded, in which case the owner or custodian will be issued a citation and notified to appear before the Board for the violation. At the owners request and expense and upon approval by Animal Control, such impoundment may be at a veterinarian or licensed kennel of the owner's choosing.
17.3.3 If the owner or keeper of a dangerous and/or vicious animal impounded for violation of these Regulations presents proof that the animal will now be kept in compliance with these Regulations, the animal shall be released upon payment of any fees and penalties due.
17.3.4 If the owner or custodian of a dangerous and/or vicious animal fails to either provide proof that the animal shall now be kept restrained and/or confined in compliance with these Regulations or fails to reclaim it within 72 hours from Animal Control after impoundment, the animal shall be humanely euthanized.
17.4 Repeat offenders of provisions relating to dangerous and/or vicious animals will be given an opportunity to fully explain to the Board why a violation has been repeated. The Board will consider such explanation in determining penalties and/or disposition.
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Section 18: Impoundment/Redemption/Adoption
18.0 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 its designated agent.
18.0.1 In addition to, or in lieu of, impounding an animal, the Animal Control Officer may issue to the known owner or custodian of such animal a notice of violation.
18.1 Impounded domestic animals shall be kept for not less than three (3) working days unless said animal is contagiously ill or severely injured.
18.2 An owner reclaiming an impounded animal shall pay the fees established by the Sheltering Authority. The fees for subsequent impounds occurring within twelve (12) months shall be doubled.
18.2.1 Upon the third (3) and any subsequent impoundments within twelve (12) months, the animal shall remain in the Shelter until the owner appears before the Board's next scheduled hearing. The Board shall determine the necessary means to abate the violations and levy fines and fees.
18.3 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 deposit fees required to comply with Section 9 and Section 10 of these Regulations and other expenses incurred by the County in caring for the impounded animal.
18.4 Except as otherwise provided in these Regulations, any animal impounded and not redeemed by its owner within three (3) working days following notice of impoundment shall be deemed abandoned. The animal shall become the property of the County who shall place for adoption or euthanize the animal in accordance with the State Code and Shelter policy.
18.5 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 thirty (30) days for adults or a specified date in the contract for puppies and kittens.
18.6 Any animal considered by the Sheltering Authority to be unhealthy, dangerous or otherwise unsafe may not be placed for adoption.
18.7 The Animal Shelter may deny applications for adoption as provided by established Shelter policy and procedure.
18.8 No wild animal may be placed for adoption.
18.9 No animal shall be knowingly sold or given away for use in experimentation or research.
18.10 The County, its employees, or agents shall not be liable for any damages to person or property caused by an animal adopted or reclaimed from the Shelter.
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Section 19: Striking a Domestic Animal with a Motor Vehicle
19.0 As in Maryland transportation Law, Article 20, Sections 105 and 106, any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately notify owner of the domestic animal, or, if the owner cannot be immediately notified, then the State or local police of the accident.
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Section 20: Fees
20.0 Any fees established within these Regulations may be evaluated and adjusted annually.
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Section 21: Fines
21.0 The Board may impose fines at the close of all evidence, at any hearing, as set forth below.
21.1 The fines for subsequent violations within a twelve (12) month period
shall be doubled for those violations with set penalties.
In violation of:
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Section 6 - Interference with an Animal Control
Officer
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$50
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Section 8 - Cruelty (an appearance
before the Board)
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$50 - $500
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Section 9 - Rabies Prevention:
Failure to vaccinate
Failure to quarantine
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$50
$100
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Section 10-
Licensing - Failure to obtain a:
Individual
Commercial Animal Establishment
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$35
$150.00
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Section 11 - Animal Care
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$25.00
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Per offense. Not to exceed $100 per animal
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| Animal riding in an open vehicle
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$35.00
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| Section 12 - Animal At Large
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$35
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Section 13 - Female in Season
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$35
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Section 14 - Allowing an animal to urinate/defecate on private property
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$35
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Section 15 - Allowing an animal to defecate on public property
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$35
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Section 16 - Public Nuisance:
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$35
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| Violation of the Board's Order
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$50 - $100
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Section 17 - Dangerous and/or Vicious
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$500
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Section 25 - Violations covered under
this section are referred to, and prosecuted by the States Attorney in the
District Court of Maryland for Charles County.
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Section 22: Entering Into Contracts With Outside Services
22.0
No statement, provision or regulation set forth herein shall be construed to
prevent the County Commissioners of Charles County, Maryland from entering into a
contract with an outside service.
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Section 23: Conflicting Ordinances
23.0 All other Regulations of Charles County that are in conflict with
these Regulations are hereby repealed to the extent of such conflict.
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Section 24: Severability Clause
24.0
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.
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Section 25: Failure to Pay Fines or; Failure to Appear Before the Animal Control Board
25.0
Anyone served with a citation for an alleged violation of any of the provisions
of these regulations shall be subject to payment of a fine as specified on the
citation form or must appear before the Animal control Board to answer the
complaint. Any person willfully failing to appear before the Board when
notified to do so, and/or after having failed to pay the fine as specified on
the citation form within the time specified on the citation shall be guilty of a
misdemeanor punishable by not more than sixty (60) days in jail, a fine of
$300.00, or both.
Any person willfully failing to comply with any lawful order of the Board
shall be guilty of a misdemeanor punishable by not more than sixty (60) days in
jail, a fine of $300.00, or both.
Charges under this section will be referred to the State's Attorney's Office
for prosecution in the District Court of Maryland for Charles County.
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