In this title, the following terms have the meanings indicated.
“Alter” means to surgically or chemically render an animal incapable of reproducing.
“Animal” means any living creature other than a human being.
“Animal at large” has the meaning stated in <cite data-path="|health|§10-504">§ 10-504 of this title</cite>.
“Animal clinic” means any facility that is regularly used by a veterinarian for the immunization, diagnosis, or treatment of or surgery on animals.
“Animal enforcement officer” has the meaning stated in <cite data-path="|health|§10-110">§ 10-110 {“Animal enforcement officers”} of this title</cite>.
“Animal fancier” means a person who owns or keeps, within or adjoining a private residence, 2 or more animals for the non-commercial purposes of:breeding;
hunting;
tracking;
exhibition in shows; or
exhibition in field or obedience trials.
“Animal shelter” means any facility that is owned or operated by or under contract with the City or a humane society for the care or detention of animals under authority of State or City law.
“Animal show” means any commercial circus, variety show, spectacle, display, act, or event in which animals perform.
“Cat” means any domesticated feline.
“Cat” does not include any:wild or exotic feline; or
except as specifically stated, feral cat.
“Commercial establishment” means, except as provided in paragraph (3) of this subsection, any person engaged in the business of selling, transferring, or conveying animals or providing animal services.
“Commercial establishments” includes any:animal auction;
animal show;
commercial kennel;
commercial pet distribution or other facility where animals are held for sale at wholesale or for distribution to other commercial establishments or to zoological parks, aviaries, or aquariums;
grooming establishment or similar facility where animals are cleaned, bathed, clipped, plucked, or otherwise groomed for a fee;
stable or other facility for horses;
pet shop;
petting zoo or other commercial establishment, activity, or facility that permits persons to come into physical contact with animals maintained by the establishment, activity, or facility; or
zoological park.
“Commercial establishments” does not include any:animal clinic, unless it engages in the boarding of healthy animals not currently being treated by the clinic;
animal shelter; or
animal fancier.
“Commercial kennel” means, except as specified in paragraph (2) of this subsection, any facility:for the commercial breeding of dogs or cats; or
where dogs or cats are boarded, groomed, sold, bought, or trained for a fee.
“Commercial kennel” does not include any:animal clinic, unless it engages in the boarding of healthy animals not currently being treated by the clinic;
animal shelter; or
animal fancier.
“Custodian” means a person:who temporarily or permanently provides food, shelter, and care for an animal in the absence of the owner; or
who exercises control over the particular animal on a regular basis.
“Dangerous animal” has the meaning stated in <cite data-path="|health|§10-702">§ 10-702 of this title</cite>.
“Dog” means any member of the domesticated canine species.
“Domesticated animal” means any animal of a species that:has been bred and raised and is accustomed to live in or about the habitation of humans; and
is dependent on humans for food or shelter.
“Exotic animal” means:any wild animal of a species that is not indigenous to the State of Maryland; and
any other animal that the Commissioner specifies by rule or regulation adopted under § 2-106 “Rules and regulations”} of this subtitle.
“Exotic animal” includes any hybrid animal that is part exotic animal.
“Feral cat” means a cat that is unsocialized to humans and has a temperament of extreme fear of and resistance to contact with humans.
“Feral cat caregiver” means any person who, in accordance with a program approved by the Commissioner to trap, alter, vaccinate for rabies and distemper, ear tip, and return feral cats:provides care, including food, shelter, or medical care, to the cat; or
has temporary custody of the cat.
“Humane officer” means an agent of a humane society who has been registered and approved by the Commissioner to perform the duties specified in this title.
“Humane society” means an entity incorporated under the laws of this State for the prevention of cruelty to animals or for promoting the humane care and treatment of animals.
“Hybrid animal” means any animal that is a cross bred between a domesticated animal, exotic animal, or wild animal.
“Keep” means for an owner, custodian, or occupant of real property to:feed or shelter any animal on the premises of the occupant, custodian, or owner; or
to permit another to feed or shelter any animal on the premises of the occupant, custodian, or owner.
“Office” means the Health Department’s Office of Animal Control or the Office’s agent.
“Owner” means any person who:has a right of property in the animal;
is the parent or guardian of a minor who owns or possesses an animal (and, for the purposes of this title, the parent or guardian is responsible for the animal); or
is the individual who has been approved for a license or permit of an animal.
“Panel” means the Animal Hearing Panel in the Department of Health.
“Pet” means any animal kept primarily for pleasure rather than utility.
“Pet shop” means any establishment, whether maintained separately or in connection with another commercial enterprise, that offers live animals for sale with the intent or expectation that they be kept as pets.
“Veterinarian” means an individual authorized by law to practice veterinary medicine in the State of Maryland.
“Vicious animal” has the meaning stated in <cite data-path="|health|§10-703">§ 10-703 of this title</cite>.
“Wild animal” means any animal that is normally found in the wild.
“Zoological park” means a facility in which more than 1 species of animal:is confined within enclosures; and
exhibited or displayed to the public for a fee.
“Zoological park” includes an aquarium.
“Zoological park” does not include the other animal establishments listed in the definition of “commercial establishment”.
City Code, 1976/83, art. 11, §24 (parts)
City Code, 1976/83, art. 19, §231
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Text Conformed 03/10/21
Text of subsection (r) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.
The purpose of this title is:
to provide for the health, safety, and welfare of the public;
for humane care and treatment of animals;
for the protection of animals from abuse , cruelty, and neglect; and
for the prevention and removal of nuisances.
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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)
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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.
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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)
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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.
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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)
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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)
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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.
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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.
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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.
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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.
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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.
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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.
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Ord. 22-124