CALVERT COUNTY ANIMAL CONTROL ORDINANCES

SECTION I – DEFINITION OF TERMS

The following terms as used in this ordinance shall have the meanings assigned to them in this section:

ANIMAL CONTROL OFFICER shall mean those person or persons designated as such by the County Commissioners to perform duties described by this ordinance under the Annotated Code of Maryland Article 24 Section 11-504, as amended.

CITATION shall mean a charging document issued to an owner or keeper.

KENNEL shall mean any place in which dogs or cats are kept and boarded for a fee.

DANGEROUS DOG shall mean any dog which has a known propensity, tendency, or disposition to attack when unprovoked, chases or approaches or otherwise by its actions puts a person in fear while on public ground or in public places, any dog which is kept or the purpose of dog fighting, or which has been attack trained.

OWNER OR KEEPER shall mean any person who keeps in temporary or permanent custody, possesses, harbors, or exercises control over any dog or cat. The parents or guardians of a minor child shall be deemed the owner when the animal is in possession of or controlled by a minor child. Veterinary hospitals, boarding kennels, members of chartered humane societies and similar organizations, pet shops and their employees shall not be considered to be the owners or keepers to the extent hereinafter provided.

SECURE ENCLOSURE is a humane place in which an animal may be housed to prevent it from coming in contact with any other animal, (e.g. building, house).

QUARANTINE shall mean a strict confinement by a humane secure enclosure to prevent contact with humans or other animals.

SECTION II – ENFORCEMENT AUTHORITY

The Board of County Commissioners of Calvert County hereby designates and appoints the Animal Control Officers, the town police of each incorporated town and the county law enforcement officers to perform those functions provided for in this ordinance.

SECTION III – LICENSING OF DOGS, CATS AND KENNELS

1. It shall be unlawful for anyone to keep or own an unlicensed dog or cat over the age of six months in Calvert County. The annual license fee shall be fifteen dollars ($15.00) per dog or cat. Owners who present a certificate issued by a licensed veterinarian showing evidence that a dog or cat has been spayed or neutered shall pay an annual fee of five dollars ($5.00) for each dog or cat.
2. All licenses shall be issued for one (1) year beginning the first day of July. At the time of application for a license, a certification of proof of rabies inoculation must be presented along with proof of spaying or neutering if applicable.
3. A duplicate metal license tag to replace a lost tag shall be issued to the animal’s owner upon application and the payment of one dollar ($1.00).
4. If prior to becoming a resident of Calvert County, an animal owner obtained a valid license for another governmental jurisdiction with similar requirements to those therein, a new license shall be issued to the owner upon written application and payment of a transfer fee of one dollar ($1.00).
5. It shall be unlawful for any person to use a license receipt or tag issued for another dog or cat other than the one described on the receipt.
6. The metal license tag must be securely fastened to the dog’s choke chain, collar, or harness and worn by the dog at all times unless such dog is engaged in supervised hunting or other sport where a collar would endanger the animal’s safety or adversely affects its hunting or sport purpose.
7. The licensing requirements of this ordinance shall not apply to any dog or cat belonging to a non-resident of the County and kept within the boundaries of the County for not longer than thirty (30) days and while kept within the County must meet all other requirements of this ordinance.
8. Owners of dogs used for the purpose of assisting handicapped (e.g. seeing eye dogs) or governmental police dogs are exempt for the fee requirements imposed by this section.
9. It shall be unlawful for anyone to operate a kennel, both commercial and private, within Calvert County without a kennel permit. The application for such permit shall be obtained from the Department of Planning and Zoning with the final permit coming from the Department of Public Safety. A kennel permit shall permit the operation of the kennel. All dogs and cats over the age of six months kept in the kennel must possess an individual County dog or cat license as described in this section . Annual fees for kennel operators shall be as follows:

Kennel authorized to house less than 11 dogs or cats: $ 50.00

Kennel authorized to house 11 to 24 dogs or cats: $100.00

Kennel authorized to house more than 25 dogs or cats: $200.00

10. All kennels are subject to inspection before and after receiving their kennel permit.

SECTION IV – DOGS AND CATS RUNNING AT LARGE AND IMPOUNDMENT

1. Dog and cat owners shall not allow a dog or cat, with or without proper license, to run at large within the confines of any part of Calvert County. Any dog or cat, when off the property of the owner, must be under the control of the owner or an authorized agent of the owner, capable of physically restraining the dog or cat. All dogs must be under control by leash, lead, cord, or chain, when off the property of the owner. Any dog or cat found running at large is in violation of the law and may be deemed a public nuisance and is subject to seizure, detention and destruction.
2. This paragraph does not apply to dogs being used for supervised hunting, or being professionally trained by a certified agent. This does not allow dogs to enter public or private property without prior consent of the property owner.
3. The Animal Control Officers are authorized and directed, whenever possible, to seize and impound any dog or cat found running at large. If the Officers are unable to catch an animal running at large that is threatening a human being or another animal, and all other means have been exhausted to capture the animal, they are authorized to shoot or otherwise destroy the animal.
4. Dogs and cats seized and impounded shall be held for the owner for a period of 72 hours, unless determined by the Animal Control Officer that it is unsafe for the animal to be held. During this period, any dog or cat impounded may be redeemed by the owner or his or her duly authorized representative upon satisfactory proof of ownership and tender of fee in such amount as charged by the Animal Shelter.
5. Any owner not redeeming his or her dog or cat within 72 hours shall be deemed to have forfeited all rights of ownership and the dog or cat becomes the property of Calvert County. The dog or cat shall remain impounded for an additional 48 hours, during which time any person may obtain ownership by paying an adoption fee. Any dog or cat impounded and not redeemed may be destroyed in the most humane manner possible if no one adopts or rescues the animal.

SECTION V – DANGEROUS DOGS

1. In addition to being licensed, all dangerous dogs shall be registered with the Department of Public Safety. After June 1998, the owner or keeper of such a dog must meet the following criteria:

1. Present to Public Safety proof of public liability insurance in a single incident amount of $50.00 covering bodily injury to or debt of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping, or maintenance of such animal. The insurance must be in effect when licensing is sought and must remain in effect for the licensing period.
2. Notify the Department of Public Safety of any cancellation, termination or expiration of the policy.

1. The owner or keeper shall, at his or her own expense, have the license number assigned to the dangerous dog. It must be tattooed by a licensed veterinarian or other person authorized by the County and the tattoo shall be placed on the upper left rear inner thigh of the dog.
2. All owners, keepers, or harborages of registered dangerous dogs shall display, in a prominent place on their premises a sing easily readable by the public, using the words "Beware of dog." In addition, a similar sign is required to be posted on the kennel or pen of such an animal.
3. The owner or keeper shall notify the Department of Public Safety immediately if the dangerous dog is loose or unattended, has attacked another animal or human being, has died, been sold, or given away. If the dangerous dog is sold, or given away, the owner or keeper shall provide the Department of Public Safety with the name, address, and telephone number of the new owner.
4. When the dangerous dog is off the owner’s premises it must be muzzled and restrained by a substantial chain or leash not exceeding three feet in length and under the control of a person over the age of 16 who is physically capable of restraining the dog. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its breathing or respiration but must prevent it from biting any person or animal.
5. While on the owner’s property, if the dangerous dog is kept outside the home, it must be confined in a secure enclosure in a manner that it cannot come into contact with human beings or any domestic animal.
6. In the event that an officer has probable cause to believe that a dangerous dog is being harbored or cared for, in violation of the registration section of this ordinance, the Animal Control Officer will petition District Court to order the seizure and impoundment of the dangerous dog pending an adjudication of the offense. Notice shall be given to the owner within 48 hours of impoundment.
7. Whoever violates registration or control sections of this section shall be guilty of a misdemeanor and fined a minimum of $50.00, a maximum of $500.00. The fine may be determined by the District Court.
8. Whoever if found guilty of a second offense of violation of this section shall forfeit ownership of the dog and the dog shall be humanely euphonized in accordance with existing state or local law.
9. In the event that a dangerous dog attacks a human being or domestic animal, the dangerous dog will be destroyed if in the District Court’s judgment: the dangerous dog represents a continuing threat of serious harm to human beings or domestic animals.
10. Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding an veterinary expenses necessitated by the seizure of any dog for the protection of the public and such other expenses as may be required for the destruction of any such dog.
11. No dog may be declared dangerous if threat, injury or damage was sustained by a person whom at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
12. All dogs trained or owned by bona-fide law enforcement officers, which are used in performance of law enforcement work, are exempt from the dangerous dog regulation.

SECTION VI – ANIMALS IN HEAT

1. All female dogs and cats in estrus, a condition commonly known as "in heat" or "in season," shall be prevented from contact with other male dogs or cats. Animals "in heat" shall be confined in a secure enclosure in such a manner that the female dog or cat cannot come in contact with a male dog or cat, except for intentional breeding purposes.
2. Female dogs or cats in heat may be taken outside of the secure enclosure on a leash and accompanied by the owner or custodian for the purpose of natural relief but may not be taken off the property of the owner or custodian.
3. When necessary for medical treatment, boarding, or breeding and while under the direct control of the owner, the dog or cat may be conveyed to and left at a suitable place to be treated, boarded, bred or shown in an organized show or event. For purposes of this section, "suitable place" shall mean a licensed kennel, an establishment operated by a licensed veterinarian, or in the case of the dog or cat’s breeding, a location at which the person assuming care and custody of the dog or cat, prevents such animal from coming in contact with other animals except for planned breeding.

SECTION VII – DEFECATION, REMOVAL OF EXCREMENT

1. No person owning, keeping or having custody of a dog or cat shall allow or permit excrement of such animal to remain on public property, private property without the consent of the owner or occupant hereof or allow the excrement to cause foul odor on the owner’s property.
2. Any person owning, keeping, or having custody of an animal shall immediately remove the excrement deposited by the animal if deposited on property other than the owner.

SECTION VIII – PUBLIC NUISANCE

1. Any dog or cat that barks or makes other harsh excessive noises so as to disturb the quiet, comfort, and repose of a member or members of the community as reflected by persons with normal sensitivities to noise, molests or bites passerby, runs at large, chases vehicles, attacks other domestic animals, deposits excretory matter on property other than that of the owner, shall be deemed a public nuisance.
2. It shall be unlawful for anyone to own or harbor a public nuisance dog or cat as herein before described.

1. The Animal Control Officer is authorized to impound any dog or cat that barks or makes other harsh or excessive noises so as to disturb the quiet, comfort, and repose of a member of the community as reflected by persons with normal sensitivities to noise if:
   1. The Animal Control Officer has reasonable grounds to believe that the offensive behavior of the dog or cat has disturbed the peace for two or more consecutive days; and
   2. The owner of the dog or cat has been convicted on at least two (2) occasions within the preceding twelve months of owning or harboring a public nuisance dog or cat.
2. Any dog or cat impounded by the Animal Control Officer, pursuant to Paragraph 1 above, shall be maintained at the Animal Shelter until the citation issued to the owner of the impounded dog or cat is brought to trial and the Court orders the return of the dog or cat to its owner. If the owner is found guilty, the Court shall order the defendant to reimburse the Board of County Commissioners for the expense of housing the dog or cat.
3. In addition to imposing the fines provided for in this ordinance, the court may order such equitable relief that it deems necessary to require the owner of the offending dog or cat to abate that activity making the dog or cat a public nuisance.

1. Notwithstanding the foregoing provisions, hunting dogs barking while in the supervised pursuit of game shall not be considered a public nuisance.

SECTION IX – QUARANTINE AND RABIES

This section is provided as a synopsis of the State of Maryland Rabies Prevention in Maryland regulation.

1. All rabies and quarantine procedures will be carried out as set forth by the State Health Regulations.
2. All animal bites must be reported immediately to the Animal Control Division. The duty to make this report rests both with the owner of the animal and the person bitten if a person was bitten, or the owner of any animal bitten by another animal if the animal was bitten. It shall be the duty of every physician, veterinarian and/or hospital to report to the Animal Control Division the names and addresses of person treated for bites inflicted by animals, together with any information that will be helpful in rabies control. Bites are to be reported within twenty-four (24) hours of the incident.
3. The Animal Control Division, upon receiving a report of animal bite, shall take such actions, as it deems necessary, including but not limited to , the quarantine or destruction of the animal involved.
4. The owner of the animal, which has bitten, must provide proof of rabies vaccination, if applicable. In addition, all animals must be quarantined in a secure enclosure to prevent any contact with other animals for ten (10) days. The Animal Control Division has the right to remove the animal from the premises for the duration of the quarantine period.
5. If the owner of the animal, which has bitten, cannot show proof of the rabies inoculation it shall be required of the owner to get a rabies shot for the animal at the end of the ten (10) day quarantine period.
6. The Animal Control Division and/or Health Department may require the testing of animals that have bitten another animal or a person.
7. The owner of an animal, which has bitten a person, or animal shall be responsible for any expenses necessary for the quarantine, examination, treatment, or destruction of an animal pursuant to this section.
8. All dogs and cats four (4) months of age or older shall be currently vaccinated against rabies. The owner shall provide a record of the vaccinations given to the dog or cat, which shall constitute the only acceptable evidence of compliant with the subsection. This tag must be worn at all times.
9. Any person or agency who neglects or refuses to comply with an order concerning the quarantine or destruction of an animal is guilty of a misdemeanor and upon conviction shall be punished.

SECTION X – VIOLATIONS AND PENALTIES

1. The Animal Control Officer shall have the right to enter upon any premises for the purpose of carrying out the duties imposed upon him or her by this ordinance where there is reasonable belief that a violation of this ordinance has been committed.
2. The Animal Control Officer may accept a written affidavit from any persons personally observing such violation and issue a citation for such violation. The person will be required to appear in court if needed.
3. Any owner charged by citation might stand trial in District Court. If such citation is not paid by the assigned due date, then the owner must appear on the specified court date on the citation. Any persons desiring to plead guilty to such violation shall be subject to a fine as fixed by the summons payable by mail or in person at the Public Safety Office.
4. No person shall interfere with, hinder, or molest any appropriately authorized Animal Control Officer in the performance of his/her duties. Furthermore, no person shall seek to release any animal in the custody of the Officer.
5. The States Attorney shall prosecute violations of rules and regulations contained herein.

Any person found violating the provisions of this ordinance shall be guilty of a misdemeanor and shall be fined up to $500.00 and/or imprisoned in accordance with the Annotated Code of Maryland, Article 24, Section 11-509.