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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