Chapter 209: DOGS AND OTHER ANIMALS

[HISTORY: Adopted by the Board of County Commissioners of Cecil County effective 10-21-2008.

GENERAL REFERENCES Foxes - See Ch. 104. Health Officer - See Ch. 173.

§ 209-1. Definitions. As used in this chapter, the following terms mean:

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 shall be guilty of "animal abandonment."

ANIMAL CONTROL OFFICERS - The person or persons selected and approved by the SPCA for enforcing this chapter on behalf of Cecil County.

ANIMAL CONTROL SHELTER - Any premises so designated by the County Commissioners for the purpose of impounding and caring for strays, animals found running at large or animals in violation of this chapter.

ANIMAL RESCUE SHELTER - Any Internal Revenue Service recognized 501(c)(3) charitable organization committed to the permanent placement of homeless animals. This excludes dogs that are owned by a rescue volunteer that are kept for his/her personal pleasure.

ANIMALS EXPOSED TO RABIES - An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by or exposed to any animal infected with rabies. This determination shall be made by the Maryland Public Health Veterinarian or the County Health Officer.

ASSISTANT ANIMAL CONTROL OFFICER AND AIDES - Persons employed by the SPCA to aid in cleaning, feeding and general care of animals at the shelter and also to assist animal control officers and enforce this chapter.

AT LARGE - Any animal will be deemed "at large" when not confined on the property of its owner and not under the control of a responsible person, either by leash or chain.

DOMESTICATED ANIMAL - Any animal that is accustomed to live in or about the habitation of man, including but not limited to cats, dogs, horses, swine, fowl and other animals not known as "wild."

EXOTIC ANIMAL - for the purpose of this chapter, a prohibited animal to either offer for sale, trade, barter, possess, breed, or exchange a live:

(1) fox, skunk, raccoon, or bear;

(2) caiman, alligator, or crocodile;

(3) member of the cat family other than the domestic cat;

(4) hybrid of a member of the cat family and a domestic cat if the hybrid weighs over 30 pounds;

(5) member of the dog family other than the domestic dog;

(6) hybrid of a member of the dog family and a domestic dog;

(7) nonhuman primate, including a lemur, monkey, chimpanzee, gorilla, orangutan, marmoset, loris, or tamarin; or

(8) poisonous snake in the family groups of Hydrophidae, Elapidae, Viperidae, or Crotolidae

HEALTH OFFICER - The person in charge of the Cecil County Health Department.

KENNEL - Any person, group of persons, association or corporation engaged in the business of breeding, buying, selling, boarding grooming or training of five or more customary household pets or who at any time keep five or more household pets over four months of age on the premises for compensation. All equipment on the premises used in the operation of such activities shall be deemed a part of the kennel. Private individuals not engaged in the business of breeding, buying, selling, boarding, grooming or training of customary household pets for compensation may not obtain a kennel license.

MARYLAND PUBLIC HEALTH VETERINARIAN - The person so designated by the Maryland Department of Health and Mental Hygiene.

OWNER - The person, partnership, association or corporation owning, keeping or harboring a dog, cat or other animal.

PET - An animal kept for pleasure rather than utility. "Pets" include but are not limited to birds, cats, dogs, fish, hamsters, mice, reptiles, domesticated wild animals and other animals associated with man's environment.

PET SHOP - A business establishment that sells and/or offers to sell animals, whether as an owner or an agent of the owner, to the general public with the intent that they shall be kept as pets.

PUBLIC NUISANCE ANIMAL - Any owned animal repeatedly found at large and disturbing the peace and quiet of any neighborhood, damaging property other than its owner's, molesting passersby, chasing vehicles or behaving in any manner which is deemed to be doing damage to property or to the public health and well-being or which, upon investigation, is known to have bitten one or more persons or shall have been determined by an animal control officer to be a detriment or threat to public health, welfare or safety may be deemed to be a "public nuisance animal."

RESTRAINT - An animal is under "restraint" within the meaning of this chapter if it is controlled by a leash, chain, fenced-in area or within a vehicle being driven or parked on a street. An animal which threatens bodily injury is not under "restraint."

SPCA - The Cecil County Society for the Prevention of Cruelty to Animals, Inc., also known as The Cecil County SPCA, Inc., a Maryland Corporation governed by a Board of Directors and elected officers, who, in conjunction with the county authorities, provide certain services for animal control and humane programs; hereafter referred to as "SPCA."

STRAY - A domestic animal that is running at large.

§ 209-2. Powers and duties of SPCA.

A. The SPCA shall be responsible for implementing this chapter. Financial support for the SPCA shall be provided through charity, as well as funds as provided by the county through normal budgetary process. The SPCA will submit an annual budget request to the County Commissioners. The County Health Officer and the Sheriff of Cecil County shall be members of the Board of Directors of the SPCA. The SPCA shall further:

(1) Consider and set forth policy in relation to any animal emergency situation.

(2) Recommend any changes in the law regarding animal control to the County Commissioners.

(3) Investigate or stimulate better legal responses by the public to the enforcement of this chapter.

B. Records.

(1) The SPCA shall keep and retain accurate records of the following for a period of not less than three years:

(a) The licensing, impoundment and disposition of all animals coming into its custody.

(b) All bite cases reported and the investigation of the animal.

(c) All moneys collected and expended within this program.

(2) The SPCA shall make all such records open to inspection at reasonable times by authorized persons.

§ 209-3. Enforcement.

The provisions of this chapter shall be enforced by animal control officers of the SPCA, as well as law enforcement officers. They may issue summonses and/or citations by posting the residence in the event of absence of owner for violations of this chapter.

§ 209-4. Licensing.

A. Application for licenses shall be made to:

(1) The County Treasurer or designee..

(2) The SPCA

B. No person shall own, keep or harbor a dog within Cecil County unless the animal is licensed, except as exempted in §209-14 of this chapter. The application for the license shall state the name and address of the owner and the name, breed, color, age and sex of the animal. All dogs and cats over the age of four months shall be immunized against rabies by a licensed veterinarian or by an anti-rabies clinic authorized by the Cecil County Health Department so that protection or immunity against rabies will be maintained at all times at a level approved by the Maryland Public Health Veterinarian. Any person refusing or failing to comply with the provisions of these regulations or with orders or with directives of the local Health Officer, State Epidemiologist or the Public Health Veterinarian relating thereto shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not more than $500 for each offense as stated in the Maryland Department of Health and Mental Hygiene (Chapter 10.0602. 14).

C. The annual license fee shall be determined by the County Commissioners. Each dog over the age of four months shall be licensed on or before July 30 for each licensing year. Rabies vaccinations shall be required for each dog prior to issuing a license.

D. Kennels and pet shops.

(1) Every kennel operator shall individually license dogs over four months of age and maintain a valid kennel license. Kennel owners shall within five days complete and submit records of transfer or distribution of all dogs to the SPCA.

(2) Every pet shop shall maintain a valid business license. Pet shops will not be required to have a kennel license but are required to maintain satisfactory sanitary and housing requirements established by the County and State Departments of Health and the SPCA. Pet shops selling psittacine birds shall comply with all Health Department requirements for psittacine birds.

E. All licenses shall be valid for one year beginning with July 1. Application for licenses may be made within 30 days prior to July 1 or within 30 days following the establishment of residency within the county or within 30 days after an animal becomes four months of age, without penalty.

F. In the event that a license tag issued for an animal is lost, the owner may obtain a duplicate tag upon payment of $1.

G. If there is a change in ownership of an animal, kennel or pet shop during the license year, the license shall be invalidated.

H. In the event an animal has a valid license by another Maryland County which has the equivalent requirements for licensing and the owner becomes a resident of Cecil County, a registration fee of $1 will be charged.

§ 209-5. Tags and collars

A. Upon complying with the provisions of § 209-4 of this chapter, there shall be issued to the owner a license tag.

B. Every owner is required to see that the license tag is securely fastened to the animal's choke chain, collar or harness, which must be worn by the animal at all times unless the animal is accompanied by its owner or under his control and is engaged in supervised hunting or other sport where a collar might endanger the animal's life or safety. Failure to comply with this section could result in a thiry-five-dollar citation being issued against the owner of the animal or animals. In addition, the owner may be issued a summons to appear in court.

§ 209-6. Restraint, shelter and care.

A. It shall be unlawful for any person to permit his animal to be at large and not confined or to abandon domesticated animals in Cecil County.

B. The owner of an animal that keeps the animal outside must provide shelter for the animal so as to protect it from the wind, rain, snow, cold or sunlight. The shelter must have a floor, roof and four walls, one of which must contain a doorway. The shelter must be constructed in such a way so that the animal may stand up, lay down and turn around comfortably. A person must not unnecessarily fail to provide the animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter, or protection from the weather.

§ 209-7. Impoundment.

A. A dog found without a license tag or an animal found running at large shall be taken by an animal control officer to the SPCA shelter and there confined in a humane manner for a period of not less than three or no more than five days and may thereafter become the property of the SPCA and may be handled in a manner approved by the SPCA, if not claimed by the owner. Animals wearing a valid license tag or animals which have obviously received good care will be held not less than five days, and a reasonable effort shall be made to contact the owner. These unclaimed animals shall become the property of the SPCA except as hereinafter provided.

B. Immediately upon impounding any animal, the animal control officer shall make a prompt and reasonable effort to notify the owner of the animal and inform the owner of the conditions whereby he can regain custody of the animal.

C. Any animal found in critical condition from wounds, injuries or disease may, at the discretion of the animal control officer or a Maryland licensed veterinarian, be destroyed, if the owner cannot be found within a reasonable length of time. If the animal is suffering great pain, it may be destroyed immediately, and the owner notified as soon as possible thereafter. The owner of any such deceased animal shall immediately provide for burial, cremation or other approved disposal of the animal if he knows of its death and the location of its carcass.

D. The persons responsible for destroying animals as herein provided shall not be held liable for the act.

E. The SPCA is authorized to enter into agreements with Maryland licensed veterinarians for the care of injured animals which are either licensed or which give the appearance of having had good care. If the owner is located, he shall promptly pay for the veterinarian's bills.

F. It is unlawful in Cecil County for any person to own or keep a domestic animal which disturbs the peace and quiet of any neighborhood, or which is vicious and bites any person. Upon the sworn complaint in the District Court sitting in Cecil County of any two or more persons of different households alleging that a domestic animal disturbs the peace and quiet of any neighborhood in Cecil County, or upon the sworn complaint of any one or more persons that a domestic animal is vicious and has bitten any person, a summons shall issue to the owner or keeper of such domestic animal to appear in the District Court sitting in Cecil County.

§ 209-8. Redemption of impounded animals;quarantine of unvaccinated animals.

A. The owner of any impounded animal shall be entitled to resume possession, except as hereinafter provided, upon compliance with the license provisions of this chapter and payment of the redemption fees set forth herein. Proof of ownership must be established, including proof of license. If there is no license, a fine of $35 will be levied. If proof of current rabies vaccinations cannot be provided, an additional $50 will be assessed. The owner will be given four working days to get a rabies vaccination certificate and a county license. If any unvaccinated animal bites a human or domestic animal, it shall immediately be quarantined and processed for rabies, and an additional fine of $500 shall be immediately levied in addition to the usual rabies and licensing fees.

B. Any animal impounded under the provisions of this chapter and not reclaimed by its owner within three to five working days shall become the property of the SPCA and be disposed of in a manner established by the SPCA.

§ 209-9. Redemption fees. [Amended 10-21-2008]

Any nonbiting animal impounded herein under may be reclaimed as hereinafter provided upon payment of the sum of $35 for each animal by its owner to the SPCA. If it is the second time that an animal has been impounded, the fee to reclaim each animal shall be $50. If it is the third or more time that the animal has been impounded, the fee to reclaim the animal shall be $100. An additional charge of $15 for each calendar day will be added to the redemption fee for boarding an animal. Redemption fees set forth herein and such additional sums as herein provided shall be collected by the SPCA prior to the animal being released.

§ 209-10. Confinement of certain animals.

A. Any fierce or dangerous animal may be declared by the Health Officer, the Maryland Public Health Veterinarian or the animal control officer to be a vicious animal and shall be confined by the owner within a building or a secure enclosure, and such animals may not be taken out of such a building or secure enclosure unless securely muzzled and suitably controlled.

B. Every female dog while in heat shall be under its owner's control and/or kept confined in a building by the owner in such a manner that it will not be in contact (except for intentional breeding purposes) with another dog or cat or create a nuisance by attracting other animals. Failure to comply with this provision will result in a fine of $25.

§ 209-11. Rabies control.

A. A report of the circumstances wherein a person is bitten by an animal shall be made promptly to the local police or Sheriff's Department by every person having firsthand knowledge of the occurrence of the bite. The local police or Sheriff's Department shall investigate the incident and carry out the orders of the Maryland Public Health Veterinarian. The local police, Sheriffs Department or County Health Department may call upon the SPCA to catch, remove, confine or impound the animal. The animal may be confined at any animal shelter, veterinary hospital or a humane organization shelter approved by the Health Officer at the owner's option and expense.

B. The standards for rabies control provided for in Health General Annotated Code of Maryland,

Title 18, Subtitle 3, Part III, shall be recognized in Cecil County.

§ 209-12. Reports of bites by animals.

Any hospital or physician who treats an individual for an animal bite shall telephone immediately and report the animal's bite to the local police or Sheriff's Department and to the Cecil County Health Department. He shall report it as required on forms prescribed by and supplied to the hospital and/or physician by the Cecil County Health Department.

§ 209-13. Responsibilities of veterinarians.

It shall be the duty of every veterinarian to report to the Health Officer and the SPCA any animal considered to be rabid or rabies suspect.

§ 209-14. Exemptions.

A. The licensing requirements of this chapter shall not apply to any animal belonging to a nonresident of the county and kept within the boundaries of the county for not longer than 90 days, provided that all such dogs and cats shall at the time of entry into the county be properly vaccinated against rabies and, while kept within the county, meet all other requirements of this chapter.

B. Persons bringing dogs and cats into the county will have readily available as proof of vaccination a valid rabies vaccination certificate signed by a licensed veterinarian or issued by an approved government agency. Animals without valid rabies vaccination certificates will be impounded and either deported or vaccinated by a licensed Maryland Veterinarian at the owner's expense. Animals which may have had exposure to rabies must comply with the provisions set forth in § 209-11 of this chapter.

C. Dogs brought into the county for training by licensed Maryland Kennels will be exempt from licensing but must meet the rabies vaccination requirements of this chapter.

D. Individual animals, because of illness, may be exempted from the rabies vaccination requirements of this chapter for a period of not more than 60 days, if a request signed by a licensed veterinarian is received by the SPCA prior to the owner's being in violation of this chapter.

E. Maryland licensed veterinary hospitals or clinics, the SPCA, federally licensed research facilities, assistance dogs and K-9 dogs are exempt from the license fee of this chapter; however, they shall be vaccinated against rabies as required by the Maryland Public Health Veterinarian and shall register with the Treasurer's Office and/or the SPCA biannually.

F. Rescue operations that are qualified as 501 c(3) non-profit organizations and file a form 990 must obtain a kennel license and vaccinate each dog for rabies. However, such organizations are not required to individually license each dog due to the transient nature of the animals.

§ 209-15. Violations and penalties. [Amended 10-21-2008]

Any person who commits or assists in the commission of any act which constitutes a violation of any of the provisions of this chapter shall be guilty of a civil violation and subject to an original preset fine not to exceed $500. Each day in which the violation continues constitutes a separate violation. Any person who does not pay the original preset fine within the time specified in the original citation issued in accordance with this section or who fails to file a timely notice of intention to stand trial and does not pay the original preset fine within 20 days from the date of formal notice of the violation shall pay a fine equal to twice the amount of the original preset fine.

Code Section Fine

§ 209-4, Licensing $35.00

§ 209-5, Tags and collars $35.00

§ 209-6, Restraint, shelter and care $50.00

§ 209-8, No proof of county license $35.00

§ 209-8, No proof of current rabies vaccinations $50.00

§ 209-8, Unvaccinated animal bites a human or domestic animal $500.00

§ 209-9, Redemption First occurrence $35.00 Second occurrence $50.00 Third occurrence $100.00

§ 209-9, Room and board for animal, per day $15.00

§ 209-9, Unconfined, unattended female in heat $25.00