The rules and regulations that the Commissioner adopts under § 2-106 {“Rules and regulations’] of <cite data-path="|health">this article</cite> may include provisions: for the issuance of permits and licenses under this title; requiring the humane care of all animals; governing the general care and control of animals; governing the operation of facilities subject to this title; providing for the approval of programs to trap, alter, vaccinate for rabies, ear tip, and return feral cats; to define or further define terms used in this title; and to carry out the provisions of this title. City Code, 1976/83, art. 11, §§26(a), 28(b) Ord. 99-548 Ord. 07-583 Ord. 11-573

The Commissioner may request the Mayor’s Anti-Animal Abuse Advisory Commission, established under City Code <cite data-path="|1">Article 1</cite>, Subtitle 55,. to research best practices and make recommendations to the Commissioner about the regulation and treatment of animals. Ord. 11-573

With the approval of the Board of Estimates, the Commissioner may set fees and charges for:the issuance and renewal of all licenses and permits issued under this title; the removal or disposal of dead animals by the City for any animal clinic, humane society, veterinary office, or other institution or agency or person; and any of the other services provided under this title. With the approval of the Board of Estimates and the Director of Finance, a percentage of all the funds collected for the City under this title (e.g., fees and charges) may be appropriated to the Health Department in order for the Office to fund its animal control and protection programs in Baltimore City. City Code, 1976/83, art. 11, §26(b), (c) Ord. 99-548 Ord. 11-573

With the approval of the Commissioner and the Board of Estimates, the Department may enter into a contract with others to provide services under this title, except for non-delegable government functions. Ord. 11-573

In accordance with <cite data-path="|health|§2-107">§ 2-107 {“Right of entry”} of this Article</cite> and § 104.6 {“Right of entry”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>, the Commissioner may inspect all animals and all premises where animals are kept. The right to make these inspections is a condition of the issuance of any license or permit issued under this title. The Commissioner must make every effort to investigate all complaints submitted under Part III of this subtitle. The Commissioner may impound animals as required or authorized by this title. City Code, 1976/83, art. 11, §§26(e), (g), 29(c) Ord. 99-548 Ord. 11-573 Ord. 15-427

There is an Office of Animal Control in the Department of Health. The head of the Office is the Director of Animal Control, who is appointed by the Commissioner from a list certified by the Civil Service Commission. The Commissioner may appoint the staff of the Office as provided in Title 2 of <cite data-path="|health">this article</cite>. City Code, 1976/83, art. 11, §25(a) Ord. 99-548 Ord. 11-573

In this section, “animal enforcement officer” means any person:designated by the Commissioner as an animal enforcement officer; and appointed by the Police Commissioner under City Code <cite data-path="|19|§71-1">Article 19, § 71-1</cite> for the purpose of enforcing the animal control and protection laws, rules, and regulations of this City and State. Animal enforcement officers are authorized and empowered to:enforce this title by impounding animals found at large, animals injured, ill, or neglected, or found to be diseased; enforce the license, permit, and inoculation requirements of this title; enforce the cruelty and neglect provisions of this title by removing and impounding mistreated animals; administer emergency assistance to injured animals that come into the custody of the City, without need to obtain the consent of the owners or custodians of the animals; in accordance with <cite data-path="|health|§10-108">§ 10-108 of this subtitle</cite>, conduct inspections of animal facilities and private residences, as directed by the Commissioner; issue citations to persons who are in violation of this title; and enforce any requirements of the animal control and protection laws, rules, and regulations of this City and, as authorized by State law, of this State. An animal enforcement officer may direct an owner or custodian to:provide veterinary examination and treatment of an animal; abate conditions that adversely affect the health and well-being of an animal, including the use or provision of:protection from the elements; protection from hazardous conditions; methods of restraint or confinement; wholesome food and potable water; and sanitary conditions; and properly comply with any other provision of this title. An animal enforcement officer must comply with the requirements of <cite data-path="|health|§2-107">§ 2-107 {“Right of entry”} of this article</cite> and § 104.6 {“Right of entry”} of the <cite data-path="|building-codes|II">Building Code</cite> when entering any land, structure, or premises in the City. A commercial establishment may not refuse an inspection authorized by <cite data-path="|health|§10-108">§ 10-108 of this subtitle</cite>. Animal enforcement officers are authorized to inspect commercial establishments:to determine if the establishment is operating in compliance with its license or permit requirements; to determine that all animals are being treated and kept in compliance with the establishment’s license or permit requirements; to determine that all animals within the facility are being treated and kept in compliance with this title; or when responding to a complaint that:an animal is being treated inhumanely or in violation of this title; the facility is being maintained in an unsanitary manner; or animals are being kept or the establishment is being maintained in violation of any provision of this title. If the Commissioner determines that an animal is being subjected to cruelty or neglect, the animal enforcement officer may refer the matter to the State Attorney’s office for prosecution. In addition, the Health Commissioner may refer the matter for further criminal investigation to the police officer in the Chief of Patrol’s Office who has been designated by the Police Commissioner as the Police Department’s Animal Cruelty Liaison to the Office. Ord. 11-573

Notices issued to a person under this title must be:in writing; and served:in person; by certified mail, return receipt requested; by delivery to an individual of suitable age and discretion who resides at the person’s last known address; or by posting on the main entrance of the premises at which the violation occurred and mailing by regular mail to the person at that person’s last known address. The last known address of an animal’s owner or custodian may be determined by the animal’s tag, tattoo, microchip, license, permit, or property on which the animal was found. Ord. 11-573

No person may knowingly obstruct, resist, or interfere with the Commissioner, any animal enforcement officer, or any other officer, employee, or authorized representative of the Office. No person may willfully make a false statement about ownership, custodianship, identity, or address to an animal enforcement officer or any authorized representative of the Office. Ord. 11-573

Any person may submit a complaint to the Office if the person knows of:a violation of this title or of a rule or regulation adopted under this title; or a violation of any other animal control or protection law, rule, or regulation of this City or State. The complaint must be:a written complaint in a form that the Office requires; or an oral complaint that is recorded in the City’s 311 system. The complaint must:describe the animal; identify where it is located; and state in clear language how the animal is in violation of any law, rule, or regulation. Ord. 11-573

Once a complaint has been submitted and reviewed by the Office, an animal enforcement officer may investigate the complaint to determine its validity. If the Office determines the complaint to be valid, the Office may direct an owner or custodian to properly follow any provision of the animal control and protection laws, rules, and regulations of this City and State. If the owner or custodian is aggrieved by the action of the Office, the person may request a hearing under Subtitle 10 of this title. Ord. 11-573

If, on investigation of a complaint, the Office believes that the animal is a dangerous or vicious animal, the Office must: submit a written investigation report to the Animal Hearing Panel; and impound the animal pending a hearing by the Animal Hearing Panel. Ord. 11-573 Ord. 22-124

The owner of any dog or cat must obtain and renew a license for that dog or cat, as provided in this Part I. The license must be obtained within 10 days of the following, whichever is later:when the dog or cat becomes 4 months old; or when the dog or cat was acquired by the owner, whether or not the previous owner had a license for the animal. City Code, 1976/83, art. 11, §27(a) Ord. 99-548 Ord. 00-024 Ord. 11-573

The Commissioner must provide for the following classes of licenses:Class A Licenses, for:dogs and cats that have been altered; and dogs and cats that have not been altered, but for which a licensed veterinarian certifies in writing that, because of age or bad health, the animal should not be altered. Class B Licenses, for disability service animals, whether or not altered, on the applicant’s submission of an affidavit claiming the person has a disability. Class C Licenses, for the lifetime of dogs and cats that are altered and microchiped. Class D Licenses, for all other dogs and cats. The license fee for each class is as set under <cite data-path="|health|§10-106">§ 10-106 of this title</cite>. For owners 65 years old or older, the annual fee for each license class is 50% of the annual fee otherwise set for that class. Ord. 00-024 Ord. 02-323 Ord. 11-573

The application for a license must: be in the form that the Commissioner requires; be accompanied by the required fee; be accompanied by an affidavit certifying that neither the applicant nor anyone residing on the applicant’s household has ever been convicted of animal abuse, cruelty, or neglect; and contain:the name and address of the owner; a description of the dog or cat; proof of a still-current rabies vaccination, unless this requirement is waived by the Public Health Veterinarian; and any other information that the Commissioner requires. City Code, 1976/83, art. 11, §27(b) Ord. 99-548 Ord. 00-024 Ord. 11-573

On approval of the application and receipt of the required fee, the Office must issue the license. Together with the license, the Office must issue an identification tag that is:durably constructed; designed so that it can be conveniently fastened or riveted to a well-fitted collar or harness; and stamped with the year of its issuance and an identifying number. For an unlicensed dog or cat that is reclaimed or adopted from an animal shelter, the animal shelter must:require a license application and the required fee to be submitted to it; and on receipt of the application and receipt of the required fee, issue the license and identification tag for that dog or cat. City Code, 1976/83, art. 11, §27(d) Ord. 99-548 Ord. 00-024 Ord. 11-573

Unless sooner suspended or revoked, a dog or cat license (except for a Class C License) expires annually on the anniversary of its issuance. City Code, 1976/83, art. 11, §27(c) Ord. 99-548 Ord. 00-024 Ord. 11-573

The Office and the animal shelter must:keep a record of the identifying numbers of all licenses, identification tags, and microchips issued; and make this record available to the public and other City agencies, subject to a copy fee. If a license, microchip, or an identification tag is lost or destroyed, a replacement must be obtained and the required fee paid. City Code, 1976/83, art. 11, §27(f), (h) Ord. 99-548 Ord. 00-024 Ord. 11-573

No person may: fail to obtain a license as required by this Part I; permit any cat or dog for which the person is required to obtain a license to be outdoors at any time unless it is wearing a valid identification tag issued under this subtitle; use any license or identification tag for any dog or cat other than the one for which it was issued; use any license or identification tag that was issued to a previous owner of the dog or cat; remove any identification tag from any dog or cat without the consent of its owner; use any microchip required by this subtitle for any dog or cat other than the one to which the microchip applies; or except as authorized by the Commissioner, remove from any dog or cat any microchip required by this subtitle. City Code, 1976/83, art. 11, §27(e), (g), (i), (j) Ord. 99-548 Ord. 00-024 Ord. 02-323 Ord. 11-573

Whenever the owner of an animal places it in the care or custody of another person, the owner must provide that custodian with a copy of the license and identification tag issued under this Part for the animal. Ord. 11-573

No person may operate any of the following facilities without a license to do so from the Commissioner, as provided in this Part II:animal clinic; animal shelter; commercial establishment; or animal fancier. Every facility subject to this Part II is considered a separate enterprise and requires a separate license. City Code, 1976/83, art. 11, §28(a), (e), (h) Ord. 99-548 Ord. 11-573

The application for a facility license must: be in the form that the Commissioner requires; be accompanied by an affidavit certifying that neither the applicant nor any operator, employee, or agent of the applicant has ever been convicted of animal abuse, cruelty, or neglect; contain the information that the Commissioner requires; and be accompanied by the required fee. Ord. 99-548 Ord. 11-573

The Office must issue the license if the applicant: meets the requirements of this Part II; and shows the willingness and ability to comply with the requirements of this title and the rules and regulations adopted under it. City Code, 1976/83, art. 11, §28(c) Ord. 99-548 Ord. 11-573

Unless sooner suspended or revoked, a facility license expires annually on the anniversary date of its issuance. City Code, 1976/83, art. 11, §28(d) Ord. 99-548 Ord. 11-573

Every facility that sells or gives away any animal must keep a record of:the name, address, and telephone number of the person to whom the animal was sold or given; and the breed, color, sex, and age of the animal; and any other information concerning an animal that the Commissioner requires. The facility must:retain these records for at least 2 years; and make them available for inspection by the Office during normal business hours. Ord. 00-024 Ord. 11-573

No person may operate any facility subject to this Part II in violation of: any condition imposed on the facility’s license; or any provision of this title or of a rule or regulation adopted under this title. Ord. 99-548 Ord. 00-024 Ord. 11-573

Subject to the hearing procedures of Subtitle 10 of this title, the Commissioner must deny or revoke any dog or cat license issued under this subtitle if the applicant or licensee, at any time, has been convicted of animal abuse, cruelty, or neglect. Subject to the hearing procedures of Subtitle 10 of this title, the Commissioner may deny, amend, suspend, revoke, or refuse to renew any license or permit issued under this title if the applicant, licensee, or permittee:has withheld or falsified any information on an application; during the preceding year, has failed to reclaim an impounded animal within the time required by Subtitle 8 {“Impoundment”} of this title; during the preceding year, has surrendered an animal after receiving a violation notice or citation; or within any 12-month period, has committed 3 or more violations of this title for which the applicant, licensee, or permitee:has been convicted; or received environmental or civil citations that have been disposed of other than by a decision of “not guilty”. City Code, 1976/83, art. 11, §28(d) Ord. 99-548 Ord. 00-024 Ord. 03-595 Ord. 11-573

Subject to the hearing procedures of Subtitle 10 of this title, the Commissioner also may deny, suspend, amend, revoke, or refuse to renew any license or permit issued under this title if the applicant, licensee, or permitee neglects, refuses, or otherwise fails to comply with any provision of: this title; a rule or regulation adopted under this title; or any other law governing the keeping and protection of animals. City Code, 1976/83, art. 11, §§26(d), 29(a) Ord. 99-548 Ord. 00-024 Ord. 11-573

No part of a license or permit fee may be refunded when the license or permit is suspended, amended, or revoked. City Code, 1976/83, art. 11, §29(b)(2nd cl.) Ord. 99-548 Ord. 11-573

A person whose license or permit for an animal is denied, suspended, or revoked must, within 5 days of the denial, suspension, or revocation:surrender the animal to the Office; or elect to transfer the animal to a new owner and provide the Office with the two notarized affidavits required by subsection (b) of this section. If the current owner elects to permanently transfer the animal to a new owner, then:within 5 days of the denial, suspension, or revocation of the owner’s license or permit for the animal, the current owner must provide an affidavit to the Office, on the form designated by Office, that includes the following:the name, breed, age, weight, and physical description of the animal; the new owner’s name, address, phone number, and email address; the address where the animal will reside; an acknowledgment that, after transferring the animal to the new owner, the current owner will make no attempt to regain ownership or possession of the animal for the remainder of the animal’s life; any other information that the Office requires; and the current owner’s notarized signature; and within the same 5-day period, the new owner must provide an affidavit to the Office, on the form designated by Office, that includes the following:the name, breed, age, weight, and physical description of the animal; the new owner’s name, address, phone number, and email address; the address where the animal will reside; an acknowledgment that, after the transfer of the animal to the new owner, the new owner accepts permanent ownership and possession of the animal; an acknowledgment that, after the transfer of the animal to the new owner, the new owner will not transfer the animal back to the current owner for the remainder of the animal’s life; an acknowledgment that the new owner consents to an inspection of the address where the animal will reside prior to the transfer of the animal; any other information that the Office requires; and the new owner’s notarized signature. Before transferring the animal to the proposed new owner, the Office must:verify the information provided in the affidavits provided pursuant to subsection (b) of this section; verify that the proposed new owner meets the Office’s standards for animal adoption; and verify the suitability of the new environment for the animal. If the Office, in its sole discretion, determines that any information contained in the notarized affidavits is false, or that another of the requirements of subsection (c)(1) of this section cannot be met, the Office may immediately confiscate the animal. After the Office’s verification and approval of the notarized affidavits, the new owner must reclaim the animal in accordance with <cite data-path="|health|§10-805">§ 10-805 {“ Reclaiming animal”} of this title</cite> within 72 hours of notice of the approval from the Office. Failure to comply with any of the requirements of this section may result in the immediate confiscation by the Office of the animal for which a license has been denied, suspended, or revoked. City Code, 1976/83, art. 11, §29(b)(1st cl.) Ord. 99-548 Ord. 11-573 Ord. 15-322

Any person who is denied a license or permit under this title, or who has had a license or permit revoked under this title, may not reapply for for any license or permit under this title for: 3 years; or if the person was convicted of cruelty to or neglect of animals, 5 years. City Code, 1976/83, art. 11, §29(f) Ord. 99-548 Ord. 00-024 Ord. 11-573 Ord. 15-322

No person may own or keep a dog, cat, feral cat, or ferret that is older than 4 months unless it has a current rabies vaccination, unless this requirement is waived by the Public Health Veterinarian. Any person who brings a dog, cat, feral cat, or ferret over 4 months old into the City must have readily available a current rabies vaccination certificate signed by a veterinarian or issued by an approved government agency. A dog, cat, feral cat, or ferret for which there is no evidence of a current vaccination must immediately be:vaccinated by a veterinarian; or removed from the City. Except as provided in paragraph (2) of this subsection, any unlicensed dog, cat, or feral cat that is older than 4 months is presumed to be unvaccinated. This presumption can be rebutted only by a current rabies vaccination certificate signed by a veterinarian or issued by an approved government agency. A feral cat that has been ear tipped is presumed to have been vaccinated at least once. Any veterinarian who administers a rabies vaccination to an animal must complete a vaccination certificate and give a copy of the certificate to the animal’s owner or custodian. In addition to any other information that the Commissioner requires, the certificate must state:the date the vaccination was administered; and the vaccination’s expiration date. The Commissioner may operate rabies vaccination clinics and charge reasonable fees to defray the cost of the services provided. In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may require rabies vaccinations for other animals. Whenever the owner of an animal places it in the care or custody of another person, the owner must provide that custodian with a copy of the animal’s rabies vaccination certificate. City Code, 1976/83, art. 11, §§27(k), 35(a) - (c) Ord. 99-548 Ord. 00-024 Ord. 07-583 Ord. 11-573 Text Conformed 03/10/21 Text of subsection (f) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In addition to complying with State Health-General Article, § 18-316, a person must immediately, by telephone or in person, report to the Commissioner and the Baltimore City Police Department whenever that person has knowledge of:any animal susceptible to rabies that:has bitten or scratched and broken the skin of any human being; or otherwise has exposed any human being to a possible rabies infection; any animal that has been bitten by another animal suspected of having rabies; or any other animal that is suspected of having rabies. In addition to the requirements of State Health-General Article, § 18-316, the following apply to a quarantined animal:the animal must be isolated in the manner and for the period that the Commissioner directs; and at any time during the isolation, the Commissioner or the owner or custodian of the animal may direct that the animal be humanely killed for the purpose of rabies testing. The isolation and examination of an animal under this section is at the expense of the animal’s owner or custodian. When the animal is impounded, the animal’s owner or custodian must pay to the Office an initial deposit, as set under <cite data-path="|health|§10-106">§ 10-106 of this title</cite>, toward expenses related to isolation and examination. An animal isolated under this section may be released only:with the consent of the Commissioner; and on payment of:the fee set for each day or part of a day that the animal was held; and all costs incurred during the isolation. City Code, 1976/83, art. 11, §35(d), (e) Ord. 99-548 Ord. 11-573

Every owner or custodian of an animal must provide the animal with humane care and treatment, which includes providing all of the following: sufficient and wholesome food and water, which means:at least once a day, the animal must be fed food of a sufficient quantity and with adequate nutritive value, in clean and sanitary receptacles; and the animal must have clean and drinkable water available at all times; proper shelter and protection from the weather, which means:the animal must be kept reasonably free of urine, fecal matter, and any other trash or hazardous material; the animal must have reasonable protection to minimize heat exposure; and the animal must have access to a structurally sound shelter in good repair that provides suitable protection from the elements; veterinary care when needed to prevent suffering or to maintain the animal’s health; and sufficient exercise space, which means:the animal must have proper space to be able to stand to its full height, stretch out, turn around, lie down, and make normal postural adjustments comfortably; the animal must be allowed to exercise and must be given freedom of movement as necessary to maintain good physical condition; and more specifically for dogs, cats, and feral cats:a dog. cat, or feral cat may only be confined to a cage for temporary confinement; and if a dog is caged, it must be removed from the cage and exercised at least:twice daily for at least half an hour each time; or once a day for a minimum of 2 hours. City Code, 1976/83, art. 11, §32(a) Ord. 99-548 Ord. 11-573

All animals must be restrained:as required by this section; and in the case of a dangerous animal, as required by <cite data-path="|health|§10-702">§ 10-702 {“Dangerous animals”} of this title</cite>. Except as otherwise authorized under paragraph (2) of this subsection, all animals must be kept:confined in a building or secure enclosure; secured by a leash or otherwise; or restrained according to rules and regulations adopted by the Commissioner. This subsection does not apply while the animal is:participating in an off-leash activity approved by the Commissioner; or is in an area and during the hours approved by the Director of Recreation and Parks for off-leash recreation. Every female animal in heat must be confined in a building or secure enclosure so that it cannot come into contact with a male animal, except if the owner has an animal fancier permit. City Code, 1976/83, art. 11, §§24(29), 30(a), (c) Ord. 99-548 Ord. 09-172 Ord. 11-573

No person may place, confine, or allow an animal to be placed or confined inside a vehicle under conditions or for a period of time that endanger the health or well-being of the animal due to temperature, lack of food or drink, or other conditions that might reasonably be expected to cause death, disability, or suffering. No person may allow an animal to ride in the unenclosed area of a vehicle unless the animal is confined by a secure tether or a securely affixed and ventilated crate. Ord. 11-573

The owner or custodian of a dead animal may not:deposit the animal or leave it exposed on any public or private property; or place it in a storm drain or watershed area. Dead animals must be promptly disposed of by cremation, burial, or other sanitary means. On request, the Office may pick up dead domesticated animals for disposal, subject to a fee for the disposal as set under <cite data-path="|health|§10-105">§ 10-105 of this title</cite>. Ord. 11-573

Except as provided in subsection (c) of this section, the owner or custodian of an animal must:have in his or her possession a means for the removal and sanitary disposal of the animal’s feces; and immediately remove all feces left by the animal:on that person’s or any other person’s private property; or on any public property, including any street, sidewalk, foot path, median, gutter, alley, park, or recreation area. The owner or custodian of an animal may not dispose of the animal’s feces by placing them in a storm drain or watershed area. Subsection (a) of this section does not apply to:an animal owned by and while working for a law enforcement or other governmental agency; or an animal professionally trained to aid the visually, hearing, or mobility disabled, while actually being used for that purpose. City Code, 1976/83, art. 11, §36 Ord. 99-548 Ord. 05-121 Ord. 11-573

If a motor vehicle hits or is hit by an animal, the driver of the motor vehicle must immediately: stop the vehicle; and if the animal is injured or killed, report the accident to:the Baltimore City Police Department; and the animal’s owner or custodian, if the owner or custodian can be determined and located. City Code, 1976/83, art. 11, §33(f), art. 19, §15 Ord. 99-548 Ord. 11-573

This subtitle does not apply to: customary and normal veterinary and agricultural husbandry practices, including dehorning, castration, tail docking, and limit feeding; a laboratory where scientific research is carried out under regulation of a Maryland or federal agency; an activity that may cause unavoidable physical pain to an animal, including food processing, pest elimination, animal training, and hunting, if the person performing the activity uses the most humane method reasonably available; or normal human activities in which the infliction of pain to an animal is purely incidental and unavoidable. Ord. 11-573

No person may neglect to provide humane care and treatment, as described in <cite data-path="|health|§10-303">§ 10-303 {“Humane care required”} of this title</cite>, for any animal that the person owns, keeps, restrains, or confines, whether as a pet or for any other purpose. City Code, 1976/83, art. 19, §13 Ord. 99-548 Ord. 11-573

In this section, “abandon” means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal’s care. No person may abandon any animal that the person owns, keeps, restrains, or confines, whether as a pet or for any other purpose. If an animal has been impounded and is not reclaimed by its owner or custodian after having been impounded for 72 hours, the animal is considered to be abandoned and becomes the property of the City. If a person releases and transfers ownership of an animal to the Office or to an animal shelter, that is not an abandonment. If a feral cat caregiver releases a feral cat in accordance with an approved program to trap, alter, vaccinate, ear tip, and return feral cats, the feral cat is not considered abandoned. City Code, 1976/83, art. 11, §32(c). art. 19, §19 Ord. 99-548 Ord. 07-583 Ord. 11-573

No person may act cruelly to or abuse animals, which includes the following actions: teasing, torturing, tormenting, beating, killing, deliberately inciting, intentionally injuring, mutilating, intentionally hitting with a vehicle, overdriving, overloading, or otherwise abusing an animal; subjecting an animal to conditions detrimental to its health and general welfare; administering poison to an animal or knowingly placing or leaving any poisonous or other harmful substance with the intent to injure or kill any animal other than vermin; inflicting unnecessary suffering or pain on an animal or causing unnecessary injury, suffering, of death of an animal under the individual’s charge or custody; leaving any domestic animal unattended in a parked, standing, or stopped vehicle in a manner that endangers the health, safety, or welfare of the animal; confining, tethering, or allowing an animal to remain in outside areas during period of extreme weather without access to proper shelter; hoarding, accumulating, or maintaining a number of animals in a single location, if the number of animals overwhelms a person’s ability to provide nutrition, sanitation, and veterinary care or the person fails to acknowledge the deteriorating health of the animal or condition of the dwelling or facility; or causing, arranging, permitting, or authorizing any of the actions listed in this section. City Code, 1976/83, art. 11, §32(b)(1st cl.), art. 19, §14 Ord. 99-548 Ord. 11-573

In this section, the following terms have the meanings indicated. “Animal fight” means any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. “Animal fighting paraphernalia” means any equipment, product, drug, or other substance or material of any kind that is used or intended or designed for use in the training, preparation, conditioning, or breeding for, in conducting, or otherwise in furtherance of an animal fight. “Animal fighting paraphernalia” includes:a “breaking stick” or similar device that is designed for insertion behind the molars of a dog for the purpose of breaking the dog’s grip on another animal or object; a “cat mill” or similar device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog; a treadmill or similar device that is designed for animal exercise consisting of an endless belt on which an animal walks or runs without changing places; a “springpole” or similar device with a biting surface attached to a stretchable device, suspended at a height sufficient to prevent an animal from reaching the biting surface while touching the ground; a “fighting pit”, walled area, or otherwise confined area that is used to contain an animal fight; a “breeding stand”, “rape stand”, or similar device that is used to immobilize female dogs for breeding purposes; and any other instrument or device that is commonly used in the training, preparation, conditioning, or breeding for, in conducting, or otherwise in furtherance of an animal fight. No person may:conduct, cause, attend, or participate in any animal fight; permit any animal that the person owns or keeps to participate in an animal fight; prepare any animal for an animal fight; wager on any animal fight; or breed animals to use them for fighting or to sell them for the purpose of fighting. No person may possess, sell, transfer, or manufacture any item of animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate an animal fight. To determine whether an object is an item of animal fighting paraphernalia, the court may consider, among other logically relevant factors, the following:any statement by an owner or a person in control of the object concerning its use; any prior conviction of an owner or a person in control of the object under a local, state, or federal law relating to animal cruelty or animal fighting; the proximity of the object, in time and space, to a direct violation of this section or to an animal; direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another person who the owner or the person in control knows or should reasonably know intends to use the object to facilitate a violation of this section; any instructions, oral or written, provided with the object concerning its use; any descriptive materials accompanying the object that explain or depict its use; the manner in which the object is displayed for sale; the existence and scope of legitimate uses for the object in the community; expert testimony concerning use of the object; and any other verifiable information that indicates that the object is intended or designed for use in violation of this section. Each item of paraphernalia that is possessed, sold, transferred, or manufactured in violation of this section is a separate offense. City Code, 1976/83, art. 11, §32(b)(2nd cl.), art. 19, §10 Ord. 99-548 Ord. 11-573 Ord. 15-430

No animal show may be conducted or held if any animal is induced or encouraged to perform through the use of any chemical, mechanical, electrical, or manual device that is likely to cause physical injury, pain, or suffering. All equipment used on or by a performing animal must fit properly and be in good working condition. City Code, 1976/83, art. 11, §34 Ord. 99-548 Ord. 11-573

No person may use or expose an animal to any pesticide or poison, whether mixed with food or not, without taking all necessary precautions to protect non-target animals from exposure to the pesticide or poison. City Code, 1976/83, art. 11, §32(g) Ord. 99-548 Ord. 11-573

No person may confine any animal in a cage that consists entirely of solid walls. City Code, 1976/83, art. 11, §24(8)(2nd sen.) Ord. 99-548 Ord. 11-573

No person may tether a dog under unsafe conditions, including harsh or extreme weather conditions, that endanger its health, safety, or welfare. No person may tether a dog:by any means other than a fitted color or harness; with a choke collar, training collar, collar with metal spikes, or chain; or with a tether that:does not have swivels at both ends to prevent kinking and knotting; weighs more than 1/8 of the dog’s body weight; is not properly positioned to prevent the tether from becoming entangled in or around objects; unreasonably limits a dog’s movement; restricts the dog’s access to suitable and sufficient food, clean water, and appropriate shelter; is not properly positioned to prevent the dog from reaching or climbing a fence to avoid strangulation; that does not permit the dog to defecate or urinate in an area separate from the area where it must eat, drink, or lie down; confines the dog in unsafe or unsanitary conditions; or causes injury, stress, or demonstrable socialization problems. Ord. 11-573

No person may give away or offer to give away any live animal: as a prize for or as an inducement to enter any contest, game, or other competition; as an inducement to enter a place of amusement; or as an incentive to enter into any business agreement. City Code, 1976/83, art. 11, §32(e) Ord. 99-548 Ord. 11-573

No person may: kill, injure, molest, or attempt to kill, injure, or molest, in any way, any bird; or destroy, remove, or attempt to destroy or remove, any box placed in any tree or other suitable place in the City for the use of these birds. City Code, 1976/83, art. 19, §5 Ord. 99-548 Ord. 11-573

In this subtitle, the following terms have the meanings indicated. “Public nuisance animal” means an animal that:is found at large; damages the property of anyone other than its owner or custodian; defecates on public property; urinates or defecates on private property; molests pedestrians or passersby; chases vehicles; excessively makes disturbing noises (including continued or repeated howling, barking, whining, or other utterances) that unreasonably cause annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept; fouls the air by odor so as to unreasonably cause annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept; causes unsanitary conditions in enclosures or surroundings where the animal is kept; by virtue of the number or types of animals maintained, is offensive or dangerous to the pubic health, safety, or welfare; attacks other animals; or has been found by the Commissioner to be a public nuisance animal by virtue of being offensive or a danger to the public health, safety, or welfare. “Public nuisance condition” means:an unsanitary, dangerous, or offensive condition caused by:the size, number, or types of animals maintained or kept; the inadequacy of the facilities; or the manner or method of holding, confining, restraining, boarding, or training animals; or any other condition that the Commissioner deems to be a public nuisance condition. “Public nuisance condition” includes any premises in which:an animal is maintained or kept under a condition that constitutes neglect of or cruelty to the animal; or the animal is in an unsanitary condition. Ord. 11-573

Every owner or custodian of an animal must exercise proper care and control to prevent the animal from becoming a public nuisance animal. Ord. 11-573

No person may keep or maintain any animal in the City in a manner that:causes or permits it to be a public nuisance animal; or causes or permits the animal to cause a public nuisance condition. No person may keep or maintain any animal in the City in a manner that disturbs the health, safety, or welfare of any person. Ord. 11-573

“Animal at large” means any animal that is:off the premises of its owner or custodian; and not under restraint in the manner required by § 10- 307 {“Restraints required”} of this title. No owner or custodian of an animal may allow it to be an animal at large. When an animal is off the premises of the owner or custodian, the animal must be:restrained as required by § 10-307 {“Restraints required”}; and under the control of a person who is capable of controlling and physically restraining the animal. An animal that is participating in an off-leash activity approved by the Commissioner or is in an area and during the hours approved by the Director of Recreation and Parks for off-leash recreation is not at large unless the animal leaves the activity or area or remains beyond the approved hours. Ord. 11-573

Except as specified in subsection (c) of this section, no person may keep or allow to be kept on that person’s premises any wild, exotic, or hybrid animal without a permit from the Commissioner to do so. In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may set:qualifications for obtaining a permit; conditions for keeping the animal; the term of the permit; grounds for denying, amending, suspending, revoking, or refusing to renew the permit; and other limitations the Commissioner finds necessary or appropriate. This section does not apply to:an animal show or zoological park licensed under this title and regulated by a Maryland or federal agency; or a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. City Code, 1976/83, art. 11, §§24(34), 32(h), 33, art. 19, §143 Ord. 99-548 Ord. 06-182 Ord. 11-573 Text Conformed 03/10/21 Text of subsection (b) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In this section, “wild rabbit or hare” means any rabbit or hare that has not been bred and supervised in a properly maintained rabbitry. Except as specified in subsection (b) of this section, no person may:bring or import into the City, for sale, any wild rabbit or hare, dead or alive; or sell or offer for sale in the City any imported wild rabbit or hare, dead or alive. This section does not apply to the importation of wild rabbits or hares by the following, if done in conformity with the regulations of the Commissioner:an animal show or zoological park licensed under this title and regulated by a Maryland or federal agency; or a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. City Code, 1976/83, art. 19, §§127, 128 Ord. 99-548 Ord. 11-573

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may prohibit other animals from being kept in the City as necessary or appropriate to protect the health, safety, or welfare of the public. Except as specified in subsection (c) of this section, no person may keep or allow to be kept on that person’s premises any animal that the Commissioner prohibits under subsection (a) of this section. This subsection does not apply to:an animal show or zoological park licensed under this title and regulated by a State of Maryland or federal agency; or a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. Ord. 11-573 Text Conformed 03/10/21 Text of subsection (a) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In this section, “attack dog” means a dog that is trained to attack on command. Except as specified in subsection (b) of this section, no person may keep or train any attack dog in the City. This section does not apply to a dog owned by and working for law enforcement or other governmental agency. City Code, 1976/83, art. 11, §§24(6), 40A(a)(1)(ii), (h) Ord. 99-548 Ord. 11-573

“Dangerous animal” means any animal that:has bitten or attacked a human being or another animal without provocation; exhibits aggressive or dangerous behavior and is not adequately confined or restrained; is known or suspected to be an animal exposed to rabies and is not adequately confined or restrained; or requires confinement or restraints to protect the health, safety, or welfare of the public. The Animal Hearing Panel must determine if an animal is a dangerous animal in accordance with the hearing procedures of Subtitle 10 of this title. Except as otherwise ordered by the Animal Hearing Panel, every dangerous animal must be:maintained in a building or secure enclosure on the premises of its owner or custodian; and whenever outside of the building or enclosure:securely caged; securely muzzled and leashed; or restrained by any other appropriate method required by the Panel. An owner or custodian of an animal found to be a dangerous animal must:have the animal microchiped and altered at the owner’s or custodian’s expense; display a “dangerous animal” sign, visible to the public, on the property where the animal is kept; if the animal is kept outside of the dwelling, install a perimeter fence on the property or a portion of the property; notify the Office if the animal is loose, has bitten another domesticated animal or human being, or has violated any other requirements of this title; notify the Office if the animal has died or is being relocated to another jurisdiction; and before transferring ownership or custody of the dangerous animal to another:notify the Office in writing of the name and address of the new owner or custodian; and notify the new owner or custodian of the animal’s dangerous behavior. Animals determined dangerous by another jurisdiction are automatically considered dangerous in the City. The owner or custodian must immediately notify the Office if any animal determined dangerous in another jurisdiction is transported into the City. If another jurisdiction defines “dangerous animal” differently than as defined in this section or makes a determination using a term other than “dangerous”, the Animal Hearing Panel must determine if the criteria used in the other jurisdiction is appropriate for the animal to be considered dangerous in the City. This section does not apply to:an animal show or zoological park licensed under this title and regulated by a Maryland or federal agency; or a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. City Code, 1976/83, art. 11, §§24(29) and (33), 30(d), 33(a) Ord. 99-548 Ord. 07-632 Ord. 11-573

In this subtitle, the following terms have the meanings indicated. “Vicious animal” means any animal that:has severely bitten or attacked a human being or another animal; or has been previously deemed dangerous, and subsequently bitten or attacked a human being or other animal so that the Health Commissioner determines that the animal should be immediately euthanized to protect the health, safety, or welfare of the public. “Vicious animal” does not include an animal that has bitten or attacked if the injury, damage, was sustained by one who:at the time was committing a willful trespass or other tort on the premises occupied by the owner or custodian of the animal; was tormenting, abusing, or assaulting the animal; in the past has been observed or reported to have tormented, abused, or assaulted the animal; or was committing or attempting to commit a crime. “Vicious animal” does not include an animal that has bitten or attacked if the animal was:protecting or defending itself, its young, or another animal; responding to pain or injury; or protecting or defending a human being within the immediate vicinity of the animal from physical attack or assault. City Code, 1976/83, art. 11, §24(33a) Ord. 99-548 Ord. 00-073 Ord. 11-573

The Animal Hearing Panel must determine if an animal is a vicious animal in accordance with the hearing procedures of Subtitle 10 of this title. Ord. 11-573

If an animal enforcement officer, police officer, or humane officer finds an animal at large, and if the animal enforcement officer, police officer, or humane officer reasonably believes that the animal is a vicious animal and that the animal cannot be taken up or tranquilized and impounded, the animal enforcement officer, police officer, or humane officer may kill the animal. City Code, 1976/83, art. 11, §40A(g) Ord. 99-548 Ord. 11-573

No person may keep in the City any animal that the Animal Hearing Panel determines to be a vicious animal. This subtitle does not apply to an animal owned by and working for a law enforcement or other governmental agency. City Code, 1976/83, art. 11, §40A(a)(1)(i), (h) Ord. 99-548 Ord. 07-632 Ord. 11-573

An animal enforcement officer, police officer, humane officer, or other person authorized and contracting with the City to do so may impound any animal: found at large; whose owner or custodian does not have the required license or permit for the animal; that is found without a license tag required by this title; that poses a threat to public health, safety, or welfare; reasonably believed to be a dangerous or vicious animal; placed at risk by its health or environment; that is abandoned; that is prohibited in the City; reasonably believed to be a public nuisance animal; whose owner or custodian is in violation of this title; or whose owner or custodian is in violation of any other animal control or protection law, rule, or regulation of this City or State. Ord. 11-573 Ord. 14-230

On the determination that an animal should be impounded, an animal enforcement officer, police officer, humane officer, or other person authorized and contracting with the City to do so may, subject to <cite data-path="|health|§10-108">§ 10-108 of this subtitle</cite>, enter onto public or private property, remove the animal, and impound it at an animal shelter or other facility approved by the Commissioner. If an animal is impounded, the owner or operator of the facility must immediately notify the Office of the impoundment and provide any information that the Office reasonably requires. Ord. 11-573

When an animal is impounded, the Office must make a reasonable attempt to provide notice of the impoundment to the animal’s owner or custodian. The notice must include:the name, if known, of the owner or custodian; a description of the animal seized; the violation of this title, including a reference to the specific legal authority for the impoundment; the manner and time in which the person must either:reclaim the animal; or request a hearing on the violation; a contact person and telephone number at the Office; and a statement that if the owner or custodian fails to act within 72 hours of the impoundment, the animal will become the property of the City. If the Office cannot ascertain the identity and address of the owner or custodian, the animal is considered abandoned and becomes property of the City after 72 hours from the impoundment. Ord. 11-573

The impounded animal must be kept for at least 72 hours, unless sooner reclaimed by its owner or custodian or otherwise required by law. If the Office reasonably believes that the animal is a dangerous or vicious animal, the Office must hold the animal pending a hearing under Subtitle 10 of this title. If the Office reasonably believes that the return of an animal prior to the disposition of a case would be detrimental to the animal’s health and welfare, the Office may hold an impounded animal for more than 72 hours while conducting an investigation of:possible violations of Federal, State, or local laws or regulations governing the proper care and treatment of animals; or a complaint under §10-108 {“Inspections, investigation of complaints, and impoundment”} of this title. If the needs of an animal held under this section cannot be provided for at the Office, or the Office determines that it would benefit the animal’s health or welfare to do so, the animal may be temporarily:held at a humane organization; placed with a foster custodian; or housed at another appropriate location. Whenever an animal is being temporarily held at a location other than the Office, as provided in paragraph (2) of this subsection, the Office may keep the location confidential if the Office reasonably believes that disclosure of the location could result in harm to either the animal or the temporary custodian. If the owner or custodian is aggrieved by the animal’s impoundment, he or she may request a hearing under Subtitle 10 of this title. Ord. 11-573 Ord. 15-322

The owner or custodian has the right to reclaim the animal within 72 hours of the impoundment. If the owner or custodian seeks to reclaim the animal, the Office may require the owner or custodian to:provide proof of legal title to or custodianship of the animal or provide an affidavit of legal title or custodianship; demonstrate that the animal has the required license or permit; pay any fees or expenses required by the Office for the care, feeding, housing, and veterinary care of the animal during the impoundment; allow the Office to microchip the animal at the owner’s or custodian’s expense; and allow the Office to alter the animal at the owner’s or custodian’s expense. Ord. 11-573

If an impounded animal is not reclaimed within 72 hours of impoundment, the animal is abandoned and immediately becomes property of the City. If an animal is surrendered to the Office by its owner, the animal immediately becomes property of the City. Once an animal becomes City property under this section, the Office must:place the animal for adoption; humanely euthanize the animal; or transfer the animal by any method that is advantageous to the City and the public interest and is not prohibited by law. Ord. 11-573

An animal that becomes City property under this subtitle may be altered before being released for adoption, rescue, or otherwise, unless the animal weighs less than 2 pounds. Ord. 11-573

Even if an animal is not reclaimed by the owner or custodian, the owner or custodian may still be required to pay for fees or expenses related to the impoundment through the date when the animal became City property. Ord. 11-573

In this subtitle, the following terms have the meanings indicated. “Driving” means the process of using a horse:for riding; or for pulling a wagon, cart, carriage, or other vehicle or device. “Driving license” means a license issued by the Commissioner to use a horse:for riding; or for pulling a wagon, cart, carriage, or other vehicle or device. “Horse” means a horse, pony, donkey, or mule that is:owned, driven, used, or quartered in the City, whether permanently or temporarily; and used for:riding, driving, or breeding; showing or performing in any exhibition or animal show; or any work or labor. “Stable” means any place where horses are:boarded or displayed; rented for riding, driving, or other purposes; or bred, bought, sold, trained, or traded. “Stable operator” means the person who owns or is in charge of a stable. City Code, 1976/83, art. 19, §32 (parts) Ord. 99-548 Ord. 11-573 Ord. 13-175

This subtitle does not apply to any horse that is: in the custody of a zoological park or its agents or contractors, if the zoological park is licensed under this title and regulated by a Maryland or federal agency; in a laboratory where scientific research is carried out under regulation of a Maryland or federal agency; or regulated by the Maryland Racing Commission. City Code, 1976/83, art. 19, §32(a)(7)(parts) Ord. 99-548 Ord. 11-573

Except as otherwise specified in this section, no one may drive a horse unless:he or she is 18 years old or older; has been issued a driving license by the Commissioner; and has that driving license with him or her while driving the horse. This section does not apply to the rider of a horse that is being held or led, during the entire period of rental or use, by a custodian with a valid driving license. The Commissioner may waive the requirements of this section for individuals participating in:animal shows; organized competitions; special events involving the transportation of people in carriages or sleighs; or similar events. City Code, 1976/83, art. 19, §32(m)(1), (6) Ord. 99-548 Ord. 11-573

The application for a driving license must: be in the form that the Commissioner requires; be accompanied by an affidavit certifying that the applicant has never been convicted of animal abuse, cruelty, or neglect; and contain the information that the Commissioner considers necessary to determine whether an applicant:is capable of humanely handling a horse; and otherwise qualified for a driving license under this subtitle and the rules and regulations adopted under it. City Code, 1976/83, art. 19, §32(m)(2), (3), (4)(part) Ord. 99-548 Ord. 11-573

The Office must issue a driving license to the applicant if:the applicant qualifies for the license; and pays the required fee. The driving license must contain:the licensee’s full legal name, current address, date of birth, sex, height, weight, and eye, skin, and hair colors; and a clear, full-face, head-and-shoulders photograph of the driver that:was taken within the preceding 12 months; and measures 1¼" by 1¼". City Code, 1976/83, art. 19, §32(m)(5), (4)(1st, 2nd sens.)) Ord. 99-548 Ord. 11-573

Unless sooner suspended or revoked, a driving license expires annually on the anniversary date of its issuance. City Code, 1976/83, art. 19, §32(m)(4)(3rd sen.) Ord. 99-548 Ord. 11-573

The Commissioner of Health may deny, amend, suspend, revoke, or refuse to renew a driving license as provided in Subtitle 2, Part III, of this title. City Code, 1976/83, art. 19, §32(n) Ord. 99-548 Ord. 11-573

The custodian of every horse must have the horse examined by a veterinarian at least once a year. The examination must cover:the general condition of the horse and its teeth, hoofs, and shoes; and the horse’s stamina and physical ability to carry the loads and perform the work for which it is intended. The veterinarian must make a record of:any injury, disease, or deficiency detected; and any prescription or recommendation for curing or correcting that condition or for any other disposition of the horse. The veterinarian must provide a copy of that record to the horse’s custodian. The custodian must:keep a copy of the record for at least 3 years; and make it available for inspection by an animal enforcement officer, police officer, or humane officer during normal business hours. City Code, 1976/83, art. 19, §32(b) Ord. 99-548 Ord. 11-573

Whenever a horse is being used for any purpose on the streets of the City, the custodian of the horse: must treat the horse in a humane manner, never beat or prod it in any way that will cause pain or injury to the horse, and never intentionally, knowingly, or obviously be cruel to the horse; may not use, work, drive, ride, or require labor from the horse for more than 10 hours in any 24-hour period, without adequate rest periods during those 10 hours; at reasonable intervals, must permit the horse to have food and drinking water from a clean container that is of sufficient size and in good condition; during times of cold or inclement weather, must drape the body of the horse, from forelegs to hind legs, with a warm covering that is in good condition; must attend the horse at all times, as follows:if the horse is only being used for riding purposes, it must be securely tied to an immovable object or held, led, or mounted by an individual who is physically able to maintain full control of the horse; and if the horse is being used for any other driving purpose, it must be within 75 feet of its custodian and within the custodian’s sight; may not overdrive or overload the horse, as evidenced by physical stress, strain, or exhaustion of the horse; and must obey any order issued by the Commissioner that relates to the care and treatment of the horse. City Code, 1976/83, art. 19, §32(a)(1), (f), (g)(4) Ord. 99-548 Ord. 11-573

Whenever a horse is being used for driving purposes on the streets of the City, the custodian of the horse: must assure that any wagon, cart, carriage, vehicle, or similar device being used is in good condition, that its axles are well-greased, and that its operating mechanisms are in good working order; during warm weather, must park the horse in the shade when practicable; if the wagon, cart, carriage, vehicle, or similar device is equipped with brakes, must put the brakes into a locked position at all times when not moving; and may not cause or permit the horse to gallop. City Code, 1976/83, art. 19, §32(g)(1) - (3), (5)) Ord. 99-548 Ord. 11-573

No custodian of a horse may permit its use or work on the public streets whenever:the real or effective temperature exceeds 92<sup>°</sup> F. or falls below 20<sup>°</sup> F., as announced by the local radio service; an official “snow emergency” is in effect; or because of adverse weather conditions, the Commissioner of Health or some other authorized official of the City issues a determination, by radio or other means, that it would be dangerous or unsuitable for a horse to be on the streets. If a horse is already in use when a condition described in subsection (a) of this section begins, the custodian must immediately return the horse, by the most direct route, to the stable from which it was obtained. City Code, 1976/83, art. 19, §32(h) Ord. 99-548 Ord. 11-573

The custodian of every horse: must assure that the saddle, harness, shoes, bridle, and all other equipment required or in use:are in good working order; fit properly; and will not cause physical pain or injury to the horse; may not use curb bits, twisted wire, twisted wire snaffles, spurs, bucking straps, flank straps, or similar devices; and must inspect the horse and all its equipment and other attachments:whenever it departs from the stable; whenever it returns to the stable; and if not being used, at least once daily. City Code, 1976/83, art. 19, §32(i) Ord. 99-548 Ord. 11-573

Every custodian must ensure that every horse is quartered in a lighted, clean, dry, and properly ventilated stable or barn and that all other requirements of this section are met. if the quarters for the horse meet the definition of “horse riding and rental stables” in State Agriculture Article, Title 2, Subtitle 7, the custodian and owner must also comply with the applicable requirements of that law. Every horse’s stall must be:large enough to permit the horse to turn around easily; cleaned daily; and supplied with adequate bedding of straw, shavings, or other suitable hygienic material, which must be changed as often as necessary to maintain a clean and dry condition. Blankets must be available and used as necessary during cold winter periods. For emergency purposes, the exterior of the stable or barn entrance must conspicuously display, in at least 2-inch lettering, the custodian’s full name, business address, and business and home telephone numbers. City Code, 1976/83, art. 19, §32(j) Ord. 99-548 Ord. 11-573

If a horse is sick, diseased, lame, injured, or in pain:the custodian of the horse must take action to obtain immediate veterinary treatment, care, and attention; and the horse may not be moved or driven, except:to obtain required veterinary treatment, care, and attention; or to obtain immediate humane keeping or pasture. During the recovery or convalescent period, the horse may not be used or worked unless the custodian has a signed, dated certificate from the treating veterinarian stating that the horse’s condition will not be impaired or aggravated by the activity. A sick, diseased, lame, or injured horse may not be disposed of except in a humane manner. City Code, 1976/83, art. 19, §32(k) Ord. 99-548 Ord. 11-573

Whenever any horse is on a street, the custodian must have available, for immediate inspection by the Commissioner or by an animal enforcement officer, police officer, or humane officer, the horse identification card required by this section. The horse identification card must:be on the form that the Commissioner provides; be signed and dated by a veterinarian within the preceding 12 months; describe the horse, including its sex, age, height, color, markings, and other identifying information; describe the stamina and physical condition of the horse; describe any conditions that might restrict or affect the use, movement, or driving of the horse; and contain the name, address, and telephone number of:the stable where the horse is quartered; and the owner of the horse. Whenever the owner of a horse rents or otherwise places it in the care or custody of any person, the owner must provide that person with the horse identification card required by this section. City Code, 1976/83, art. 19, §32(c) Ord. 99-548 Ord. 11-573

No one may ride, lead, control, drive, work, exhibit, handle, care for, maintain, or supervise any horse while: intoxicated; under the influence of any intoxicating beverage or substance; or under the influence of any drugs. City Code, 1976/83, art. 19, §32(d) Ord. 99-548 Ord. 11-573

This section does not apply to the transportation of people in a carriage or sleigh that is driven by a licensed driver. The operator of any stable that rents horses must maintain a written registry that contains:the full name and address of every person who rents a horse; the identity of the horse; and the exact period during which the horse was rented. The registry record must be:kept for at least 3 years after the renting; and available for inspection by the Commissioner or by an animal enforcement officer, a police officer, or a humane officer during normal business hours. City Code, 1976/83, art. 19, §32(e) Ord. 99-548 Ord. 11-573

The owner or operator of any horsedrawn vehicle must assure that the City license issued for the vehicle is kept clean, securely fastened, and prominently displayed on the vehicle. City Code, 1976/83, art. 19, §32(l) Ord. 99-548 Ord. 11-573

There is an Animal Hearing Panel in the Department. City Code, 1976/83, art. 11, §40A(b)(part) Ord. 99-548 Ord. 11-573

The Panel comprises at least 3 members appointed by the Commissioner. The members of the Panel must have expertise in animal behavior. The term of a member of the Panel is at the discretion of the Commissioner. Panel members are compensated as provided in the Ordinance of Estimates, but receive no benefits from the City. City Code, 1976/83, art. 11, §40A(b)(part) Ord. 99-548 Ord. 11-573 Ord. 13-175

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Panel may adopt rules and regulations to govern its procedures and hearings. City Code, 1976/83, art. 11, §40A(b)(3) Ord. 99-548 Ord. 11-573 Text Conformed 03/10/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Before the Office takes any final action to deny, amend, suspend, revoke, or refuse to renew a license or permit, the Office must notify the person against whom the action is contemplated of the proposed action. The notice must state that a hearing will be provided if, within 10 days of the notice (or anylonger period specified in the notice), the person files with the Panel a written request for a hearing. In all other situations, any person aggrieved by a notice, order, decision, or other action of the Office may request a hearing on the matter. The request must:be in writing; state the grounds on which the person is contesting the notice, decision, order, or other action; and unless a different time is specified in <cite data-path="|health">this article</cite>, be filed with the Panel within 10 days of the notice, decision, order, or other action. City Code, 1976/83, art. 11, §40A(e)(1) - (3) Ord. 99-548 Ord. 11-573

Any hearing pertaining to the determination of whether an animal is a dangerous or vicious animal requires the presence of 3 members of the Panel. All other hearings under this title only require the presence of at least 1 member of the Panel. Once a timely request for a hearing is filed, the Panel must promptly schedule the hearing. At least 5 days before the hearing, the Panel must provide notice of the hearing to the owner or custodian of the animal, any complainant, and any other interested parties. Except as otherwise provided by law or by rule or regulation of the Panel, the notice must contain the same information as that required by Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Except as otherwise provided by law or by rule or regulation of the Panel, the hearing must be conducted in an informal manner, subject to the same procedures and standards for the submission and consideration of evidence as that provided in Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Ord. 11-573

The decision of the Panel must comply with the same requirements as those imposed by Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. On the question of whether an animal is a vicious animal, the Panel must determine, based on the facts presented:whether the animal:is a vicious animal; is not a vicious animal, but is a dangerous animal; or is neither a vicious nor a dangerous animal; and what, if any, corrective action is appropriate. On the question of whether an animal is a dangerous animal, the Panel must determine, based on the facts presented:whether the animal:is a dangerous animal; or is not a dangerous animal; and what, if any, corrective action is appropriate. On the question of any other violation of the animal control and protection laws, rules, and regulations of this City and State, the Panel must determine:a violation has or has not occurred; and what, if any, corrective action is appropriate. City Code, 1976/83, art. 11, §40A(e)(4), (5) Ord. 99-548 Ord. 07-632 Ord. 11-573

If the Panel determines that an animal is a vicious animal, the Board:must direct the Commissioner to immediately euthanize the animal in the most humane way possible; and may:require the owner or custodian to pay all costs of impoundment; and refer the matter to the State’s Attorney for prosecution. If the Panel determines that the animal is a dangerous animal, the Panel:must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and may require the owner or custodian to pay all costs of impoundment. If the Panel determines that the owner or custodian is in violation of an animal control or protection law, rule, or regulation of this City or State, the Panel:must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and may require the owner or custodian to pay all costs of impoundment or related to the violation. Ord. 11-573

If a party is aggrieved by the decision of the Panel, the party may appeal the decision to the Commissioner as provided in this section. Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite> does not apply to this appeal. The appeal must be in writing and submitted to the Commissioner within 10 days of the Panel’s decision. The Commissioner may modify the Panel’s decision within 10 days of the appeal, in which case the decision of the Commissioner is final. If the Commissioner does not modify the Panel’s decision within 10 days of the appeal, the decision of the Panel is decision. Ord. 11-573 Ord. 15-322

If an impounded animal’s owner or custodian requests a hearing before the Panel, or appeals a decision of the Panel, the Office may continue to hold and care for the impounded animal while its case is before the Panel, and, if the Panel’s decision is appealed, while the Commissioner is considering the appeal. Ord. 15-322

If an animal is held under <cite data-path="|health|§10-1009">§ 10-1009 {“Office to hold animal”} of this subtitle</cite> while a requested hearing or appeal is pending, all costs for care or other expenses of the animal incurred by the Office from the time of impoundment through the Commissioner’s final decision are a personal debt due to the City or its agent by the owner or custodian of the animal. The Office or its agent must, within a reasonable time of the final decision, calculate the cost, which may include:food, veterinary care, and other necessities that a responsible owner or custodian would provide for the animal; and other costs, such as staffing and administrative expenses, as allowed by rule or regulation adopted by the Commissioner under <cite data-path="|health|§2-106">§ 2-106 {“Rules and Regulations”} of this article</cite>. The owner or custodian must pay the costs calculated by the Office within 72 hours of receiving notice from the Office or its agent of the amount. The payment must be made in cash or other method acceptable to the Director of Finance. If the final decision of the Commissioner overturns the impoundment, the City may not charge the owner or custodian for any costs incurred under this section. Ord. 15-322 Text Conformed 03/10/21 Text of subsection (b) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. City Code, 1976/83, art. 11, §41(g), art. 19, §§32(q), 145(i)(part) Ord. 99-548 Ord. 03-595 Ord. 11-573

Any person who violates any provision of this title, or a rule or regulation adopted under this title, or a lawful directive or order issued under this title is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. Each day that a violation continues is a separate offense. Except as otherwise specified in the section, the penalty for a violation is a fine of not more than $1,000 for each offense. For a violation of <cite data-path="|health|§10-112">§ 10-112 {“Obstructing, etc., officer; False statements”} of this title</cite>, the penalty is a fine of not more than $1,000 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. For a violation of Subtitle 4 {“Animal Protection”} or Subtitle 9 {“Horse Riding and Driving”} of this title, the penalty is a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. For a violation of § 10-701 {“Attack dogs”} or § 10-706 {“Vicious animals – Keeping prohibited”}of this title, the penalty is a fine of not more than $1,000 or imprisonment for not more than 6 months or both fine and imprisonment for each offense. City Code, 1976/83, art. 11, §37, inter alia, art. 19, §4, inter alia Ord. 99-548 Ord. 11-573