Subtitle 10 – Hearings and Judicial Review
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Part I – Animal Hearing Panel
Balt., Md., Code § 10-1001 (2026)
§ 10-1001 Panel established.LinkCopy Citation
There is an Animal Hearing Panel in the Department.
History: Ord. 99-548
History: Ord. 11-573
Balt., Md., Code § 10-1002 (2026)
§ 10-1002 Appointment and organization.LinkCopy Citation
(a)Appointment; Qualifications.
(1)
The Panel comprises at least 3 members appointed by the Commissioner.
(2)
The members of the Panel must have expertise in animal behavior.
(b)Term.
The term of a member of the Panel is at the discretion of the Commissioner.
(c)Compensation.
Panel members are compensated as provided in the Ordinance of Estimates, but receive no benefits from the City.
History: Ord. 99-548
History: Ord. 11-573
History: Ord. 13-175
Balt., Md., Code § 10-1003 (2026)
§ 10-1003 Rules and regulations.LinkCopy Citation
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.
History: Ord. 99-548
History: Ord. 11-573
History: Text Conformed 03/10/21
Part II – Hearings and Decisions
Balt., Md., Code § 10-1004 (2026)
§ 10-1004 Opportunity for hearing.LinkCopy Citation
(a)Licenses and permits.
(1)
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.
(2)
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.
(b)Other situations.
(1)
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.
(2)
The request must:
(i)
be in writing;
(ii)
state the grounds on which the person is contesting the notice, decision, order, or other action; and
(iii)
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.
History: Ord. 99-548
History: Ord. 11-573
Balt., Md., Code § 10-1005 (2026)
§ 10-1005 Conduct of hearing.LinkCopy Citation
(a)Quorum for hearings.
(1)
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.
(2)
All other hearings under this title only require the presence of at least 1 member of the Panel.
(b)Scheduling hearing.
Once a timely request for a hearing is filed, the Panel must promptly schedule the hearing.
(c)Notice.
(1)
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.
(2)
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>.
(d)Conduct of hearing.
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>.
History: Ord. 11-573
Balt., Md., Code § 10-1006 (2026)
§ 10-1006 Panel decision.LinkCopy Citation
(a)In general.
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>.
(b)Specific considerations.
(1)
On the question of whether an animal is a vicious animal, the Panel must determine, based on the facts presented:
(i)
whether the animal:
A.
is a vicious animal;
B.
is not a vicious animal, but is a dangerous animal; or
C.
is neither a vicious nor a dangerous animal; and
(ii)
what, if any, corrective action is appropriate.
(2)
On the question of whether an animal is a dangerous animal, the Panel must determine, based on the facts presented:
(i)
whether the animal:
A.
is a dangerous animal; or
B.
is not a dangerous animal; and
(ii)
what, if any, corrective action is appropriate.
(3)
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:
(i)
a violation has or has not occurred; and
(ii)
what, if any, corrective action is appropriate.
History: Ord. 99-548
History: Ord. 07-632
History: Ord. 11-573
Balt., Md., Code § 10-1007 (2026)
§ 10-1007 Corrective actions.LinkCopy Citation
(a)Animal found to be vicious.
If the Panel determines that an animal is a vicious animal, the Board:
(1)
must direct the Commissioner to immediately euthanize the animal in the most humane way possible; and
(2)
may:
(i)
require the owner or custodian to pay all costs of impoundment; and
(ii)
refer the matter to the State’s Attorney for prosecution.
(b)Animal found to be dangerous.
If the Panel determines that the animal is a dangerous animal, the Panel:
(1)
must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and
(2)
may require the owner or custodian to pay all costs of impoundment.
(c)All other violations.
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:
(1)
must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and
(2)
may require the owner or custodian to pay all costs of impoundment or related to the violation.
History: Ord. 11-573
Balt., Md., Code § 10-1008 (2026)
§ 10-1008 Appeal to Commissioner.LinkCopy Citation
(a)Right to seek.
(1)
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.
(2)
Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite> does not apply to this appeal.
(b)Time and manner of request.
The appeal must be in writing and submitted to the Commissioner within 10 days of the Panel’s decision.
(c)Final decision.
(1)
The Commissioner may modify the Panel’s decision within 10 days of the appeal, in which case the decision of the Commissioner is final.
(2)
If the Commissioner does not modify the Panel’s decision within 10 days of the appeal, the decision of the Panel is decision.
History: Ord. 11-573
History: Ord. 15-322
Part III – Costs of Care Pending Final Decision
Balt., Md., Code § 10-1009 (2026)
§ 10-1009 Office to hold animal.LinkCopy Citation
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.
History: Ord. 15-322
Balt., Md., Code § 10-1010 (2026)
§ 10-1010 Expenses of holding animal.LinkCopy Citation
(a)In general.
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.
(b)Office to calculate.
The Office or its agent must, within a reasonable time of the final decision, calculate the cost, which may include:
(1)
food, veterinary care, and other necessities that a responsible owner or custodian would provide for the animal; and
(2)
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>.
(c)Time, method of payment.
(1)
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.
(2)
The payment must be made in cash or other method acceptable to the Director of Finance.
(d)Administrative reversal.
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.
History: Ord. 15-322
History: Text Conformed 03/10/21