Chapter 5. Animal Control.

an animal hospital maintained by a licensed veterinarian; or

a fancier's kennel.

3 or more male dogs or cats primarily for commercial stud services; or

3 or more female dogs or cats that each bear offspring more than once in a 12-month period.

temporarily or permanently harbors or controls an animal;

has a property right in an animal; or

allows a person under 18 years old to harbor or control an animal.

in response to current or previous tormenting, teasing, abuse, threat, or assault by a person or animal;

in response to pain or injury;

to protect the animal, its offspring, or other animals in the same household; or

directed against a person who is:

Office duties. The Office administers this Chapter.

Executive Director. The Executive Director of the Office must:

Animal shelter. The County must, directly or by contract, maintain and operate an animal shelter or other place of confinement. The shelter must remove, harbor, care for, and dispose of any animal that the Office finds is abused, homeless, unwanted, abandoned, or neglected, or threatens the health, safety, peace, or security of the public.

Care of animals. The County may contract with veterinarians or animal hospitals to care for injured or diseased animals whose owners are unknown, that the County or its agents collect, or that any person brings to the animal shelter.

Enforcement of animal control laws. To the extent allowed by State law, the Office may enforce any State animal control law and any law under this Chapter. A reference in a State animal control law to the “appropriate authority” (or any similar term) in the County means the Office and any other County agency designated by regulation adopted under Method (3).

Jurisdiction.

Complaints. A person may file a complaint with the Board alleging a violation of this Chapter or a violation of an animal shelter adoption contract. A complaint must be filed within one year after the alleged violation occurred.

Membership.

Duties. The Board must:

Authority. The Board may:

Procedures. Hearings on Original Complaints.

Fee. The Executive may set by regulation a fee for filing a complaint with the Board. The filer must pay the fee to the Office. The Board or the Animal Control Officer may waive the filing fee in response to a written request. If the parties agree to a consent order after mediation, the Board may refund the filing fee.

Support. The Chief Administrative Officer must provide the services and County facilities that are reasonably necessary for the Board to perform its duties. The County Attorney must provide legal counsel to the Board. The Chief Administrative Officer may employ or retain a veterinarian to furnish technical expertise as the Board needs.

Definitions. In this Section the following words have the meanings indicated:

Established. There is an Animal Services Advisory Committee. The Executive must appoint the members of the Committee subject to confirmation by the Council.

Composition and terms of members.

Voting, officers, meetings, and compensation.

Duties. The Committee must work with the Office to advise the Executive and the Council on issues and recommendations for:

Requests for information. The Office must respond to Committee requests for information within 30 days after the Office receives the request.

Annual Report. By July 1 each year, the Committee must submit to the Executive and the Council an annual report on its functions, activities, accomplishments, plans, and objectives.

Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

Staff. The Director of the Office must provide appropriate staff to the Committee.

Violation. A person must not violate State laws against cruelty to animals, such as by:

Regulations. The County Executive may issue regulations, consistent with State law, to interpret and implement State anti-cruelty laws in the County.

Violation.

Declared dangerous or potentially dangerous elsewhere. An owner of an animal declared dangerous or potentially dangerous in another jurisdiction must remove the animal from the County within 10 days after receiving a citation or other notice of a violation of this Chapter unless the Executive Director waives this requirement and imposes conditions or restrictions under subsection (d) for the animal to remain in the County.

Limited waiver. The Executive Director may waive the prohibitions of subsections (a) or (b) for a specific animal only if the Executive Director finds that the animal is not a threat to public health or safety.

Confinement and microchipping. The Executive Director or the Board may impose any restriction or condition, including confinement or microchipping the animal, on the owner of a dangerous or potentially dangerous animal that is reasonably expected to protect the public health or safety. A person must not release the animal from confinement unless the animal is:

When a potentially dangerous animal is off the owner’s premises or property it must be:

Guard dogs. An owner of a guard dog must:

Licensing records. The Executive Director must indicate in the licensing records whether a licensed animal is dangerous, potentially dangerous, or a guard dog.

Exceptions.

Violation. An owner must not:

Public nuisance. An owner must not allow an animal to create a public nuisance by:

An owner must prevent the owner’s animal from having unwanted contact with a person or another domesticated animal at all times.

Definitions. In this section, the following words have the meanings indicated:

Prohibition. A person or business must not charge guests or visitors a fee to attend the exhibition of a wild animal in a traveling animal act.

Any activity, including agriculture and farming uses defined by Chapter 59, that uses animals other than those identified as wild under Subsection 5-204(a)(4) is exempt from the prohibition in Subsection 5-204(b).

Regulations. The County Executive may issue regulations under Method (2), to interpret and enforce this subsection.

Who may enforce. The Executive Director, an animal control officer, the Board, and any other person authorized by regulation issued under method (2) may enforce an animal control law. In this Article, an “animal control law” includes a State animal control law, this Chapter, and, for noise from an animal source, Chapter 31B.

Forms of enforcement. The Executive Director or an animal control officer may enforce an animal control law by issuing a citation or other lawful order. To exercise its authority, the Board must issue a written order that explains the factual and legal basis for the order.

Types of enforcement.

Warrants. An animal control officer may enforce an animal control law by searching private property and seizing evidence or animals, under State law or a warrant issued by a court.

Interference with enforcement. A person must not interfere or attempt to interfere with any County officer, employee, or agent enforcing an animal control law.

Failure to follow or appeal an order. An owner who, without justification, does not follow or appeal a legal order issued under this Chapter has abandoned and forfeited to the County any animal that is the subject of the order.

Concealing ownership. A person must not conceal or falsely deny ownership of an animal to any person authorized to enforce an animal control law.

Board order to take action. As a result of an adjudication of a complaint or appeal, the Board may order the Executive Director or an animal control officer to take an action described in paragraph (c)(1).

Dangerous or potentially dangerous animals.

Public nuisance and other violations. The Board, the Executive Director, or an animal control officer may order any action necessary to abate a public nuisance or any other violation of Section 5-203.

Generally. The Executive Director, an animal control officer, or the Board may enforce an animal control law or protect the health or safety of a person, an animal, or the public by impounding (or for the Board, ordering the Executive Director to impound) an animal at an animal shelter or other facility approved by the Executive Director.

Notice of impoundment. The Executive Director promptly must make a reasonable effort to locate and notify the owner of an impounded animal. The notice must inform the owner of applicable requirements of this Chapter, including the requirement in subsection (c) to pay in advance for the animal’s care and the opportunity to request a waiver of the prepayment requirement under subsection (c)(7). The Executive Director may notify the owner by first class mail to the owner’s last known address or by posting on the door of the residence of the owner. If the Executive Director cannot locate the owner, notice may include publishing a notice in a newspaper of general circulation in the County or on the County Animal Services and Adoption Center website.

Prepayment for care.

Multiple impoundments.

Stray animals. Animals found at large without a license, tag, or other indication of ownership will be impounded under Section 5-303. Stray animals must be confined for a period of not less than 3 days.

Types of disposition. An animal impounded by the Office may be:

Redemption. The owner of an impounded animal may redeem the animal if:

Fees. The owner must pay any fees described in subsection (b) even if the owner does not redeem the animal. Failure to pay within 30 days after any fee becomes due is a Class B civil violation.

Release or adoption prohibited. The Executive Director must not:

Dangerous or nuisance animals. The Executive Director or any other person must not sell, release, or place for adoption an animal that an animal control officer found is dangerous or potentially dangerous, would cause a public nuisance or other violation, or has rabies or an incurable communicable disease, unless the Executive Director finds the action is safe.

Failure to redeem. Unless otherwise ordered by the Board, an impounded animal is considered abandoned and becomes County property if the animal is not redeemed by its owner within 5 days after the Executive Director notifies the owner about the impoundment under Section 5-303(b).

Adoption. The Executive Director may place an abandoned animal for adoption as a pet unless the Board or the Executive Director decides adoption of the animal is not in the best interest of public health or safety. A dog or cat placed for adoption must be altered by a licensed veterinarian, at the expense of the person adopting the animal, within a time specified by the Executive Director. The Executive Director must set the deadline for altering based on the animal’s age, sex, and health, but the deadline must be within 3 months after the adoption. If the owner of an adopted animal does not alter the animal by the deadline, the owner must return the animal to the animal shelter.

Humane euthanasia. The County may dispose of an animal by humane euthanasia under regulations issued with the advice of a licensed veterinarian. The County must not dispose of an animal for commercial or experimental purposes. A licensed veterinarian periodically must review whether the County implements these procedures humanely.

Release defined. In this Section, release means to allow an owner to redeem an impounded animal.

General penalty. Unless otherwise provided in this Chapter or State law, a violation of this Chapter is a Class B violation. For any penalty under this Chapter, each day the violation continues, and each paragraph of Section 5-203(a), is a separate violation. A person convicted of violating a State animal control or anti-cruelty law is not subject to civil penalties for violating County law based on the same prohibited acts or omissions.

Violation of an order of the Board. A violation of an order issued by the Board is a Class A civil violation. Each day the violation continues is a separate violation.

Penalties. A violation of:

Time for noting appeal. Except as provided in Section 5-104(a), a person aggrieved by a decision of the Executive Director or an animal control officer may appeal the decision to the Board within 5 days after the Executive Director or the animal control officer notifies the owner about the decision. The Executive Director or animal control officer must not dispose of the animal during the 5-day period for filing an appeal, or while an appeal is pending, unless authorized to do so under this Chapter.

Burden of production. Notwithstanding the provisions of Section 2A-8(d), the Appellant has the burden of going forward with the production of evidence before the Board.

Filing fee. In addition to any other requirement imposed by this Section, the owner appealing a decision of the Executive Director or an animal control officer must pay a filing fee established by executive regulation. The Board or the Executive Director may waive the filing fee in response to an appellant’s request.

Board’s decision. The Board may modify a decision of the Executive Director or an animal control officer only if the appellant proves by a preponderance of the evidence that the decision was arbitrary, illegal, or not based on substantial evidence. The Board must issue a written opinion explaining the factual and legal basis for its decision.

Boarding of animal – pending Board decision. If the owner timely appeals an impoundment or seizure, the owner may also seek review of the Executive Director’s determination of boarding costs by filing an appeal with the Chief Administrative Officer within 5 days after the Executive Director issues a demand for prepayment. The Chief Administrative Officer, or a designee, must review the Executive Director’s decision within 2 business days after receiving the appeal. The owner must provide the Chief Administrative Officer with information sufficient to show that requiring prepayment of boarding costs would be a serious financial hardship on the owner. The Chief Administrative Officer may ask the owner to provide additional information at an informal hearing conducted in person or by telephone. The Office must not require the owner to prepay any boarding costs pending the Chief Administrative Officer’s decision. The Chief Administrative Officer may make any decision the Executive Director could have made such as requiring the owner to prepay boarding costs retroactive to the initial boarding date of the animal, posting a bond, or placing the animal in a suitable facility at the owner’s sole expense. The owner may ask the Board to review the Chief Administrative Officer’s decision regarding prepayment of boarding costs as part of its review of the underlying appeal.

Boarding of animal – after Board decision. The owner must pay any boarding costs for the animal before and during any appeals, or if the Board allows, post a bond to pay these expenses if the owner does not prevail in the appeal.

If the owner does not meet the requirements of this Section, including any requirement to prepay boarding costs, the animal must be treated as abandoned and becomes the County’s property.

The Executive Director must implement the State dog licensing laws that apply in the County (Md. Code, Article 24, Title 11, Subtitle 5) and must apply the same licensing requirements to cats. The Executive may set fees for cat licenses that are different than the equivalent fees for dog licenses.

The County Executive must, consistent with State law, set fees by regulation under method (3), and issue other regulations (such as a regulation authorizing different fees or free licenses for dogs or cats meeting certain age or other requirements) under method (2) to implement this Section. The regulations must coordinate dog and cat licensing with rabies vaccination under Section 5-402 and must require a dog or cat to wear its own legible, unobscured license tag attached to a collar or harness whenever the animal is outside the owner's home.

The Executive Director and the County Health Officer must implement the State anti- rabies law (Md. Code, Health-General Article, Title 18, Subtitle 3, Part III). The County Executive must issue fee regulations under method (3) and other regulations under method (2) to implement this Section.

Consistent with State law (Md. Code, Health-General Article, § 18-315), the County Health Officer must conduct an anti-rabies clinic at least annually to vaccinate dogs, cats, and ferrets.

An owner must vaccinate a cat, dog, or ferret older than 4 months of age against rabies and provide proof of the most recent vaccination to an animal control officer within 24 hours.

The County directly or by contract must establish one or more clinics where County residents may have dogs or cats altered in a humane manner by a licensed veterinarian for a fee set by regulation. The County may contract for altering services by a licensed veterinarian at the veterinarian's own place of business. The fee may be:

A person seeking to have an animal altered must certify that the person owns the animal or has authority to obtain the service. The person must agree in writing to hold the clinic and veterinarian harmless in any dispute about the person's authority.

A person must retrieve the altered animal on the date specified by the clinic. The person must pay any additional charges for boarding the animal after that date. An animal not retrieved within 10 days after that date is abandoned.

Businesses requiring a license. The County Executive must issue regulations to require and set conditions for an annual County license to operate:

Fees. The County Executive must issue regulations to set fees:

Denial, suspension, and revocation.

Inspections. A facility that requires a license under this Section must allow an animal control officer or other law enforcement officer to inspect the facility.

Health and safety regulations. Executive regulations should include licensing requirements to protect human health and safety and enforce state laws against cruelty to animals.

A significant number of puppies and kittens sold at retail pet stores throughout the United States come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for (“puppy mills” and “kitten mills,” respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most dogs and cats sold in retail pet stores come from puppy and kitten mills.

The documented abuses endemic to puppy and kitten mills include over-breeding, inbreeding, minimal to non-existent veterinary care, lack of adequate and nutritious food, water or shelter, lack of socialization, lack of adequate space, and lack of adequate exercise.

The inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities. However, many consumers are unaware of these issues when purchasing animals from retail pet stores because of a lack of education on the issue and misleading tactics of retail pet stores in some cases. These health and behavioral issues, which may not present themselves until after the purchase of the animal, can impose exorbitant financial and emotional costs on consumers.

Current Federal, State and County regulations do not properly address the sale of puppy and kitten mill dogs and cats in Montgomery County retail pet stores.

Restricting the retail sale of puppies and kittens to only those that are sourced from shelters or rescue organizations is likely to decrease the demand for puppies and kittens bred in puppy and kitten mills, and is likely to increase demand for animals from animal shelters and rescue organizations.

Due in large part to pet overpopulation, a state task force recently found that 45,000 dogs and cats are euthanized in Maryland animal shelters annually, at an estimated cost of $8 to 9 million each year. Restricting the retail sale of puppies and kittens to only those that are sourced from animal shelters and rescue organizations will likely reduce pet overpopulation and thus the burden on such agencies and financial costs on County taxpayers.

Across the country, thousands of independent retail pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats. Many of these shops collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises.

This law will not affect a consumer’s ability to obtain a dog or cat of his or her choice directly from a breed-specific rescue organization or a shelter, or from a hobby breeder where the consumer can see directly the conditions in which the dogs or cats are bred, or can confer directly with the hobby breeder concerning those conditions.

The County Council believes it is in the best interests of the County to adopt reasonable regulations to reduce costs to the County and its residents, protect the citizens of the County who may purchase cats or dogs from a retail pet store or other business establishment, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more humane environment in the County.

an animal care facility; or

a non-profit rescue organization.