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<article heading="Article Ii. Prohibited Conduct.">
  <section heading="Sec. 5-201. Cruelty.">
    <paragraph indent="1">(a)    Violation. A person must not violate State laws against cruelty to animals, such as by:</paragraph>
    <paragraph indent="2">(1)   violating general prohibitions against cruelty (Md. Code, Criminal Law Article Title 10, Subtitle 6);</paragraph>
    <paragraph indent="2">(2)   killing a dog or cat by an inhumane method (Md. Code, Criminal Law Article § 10-611);</paragraph>
    <paragraph indent="2">(3)   abandoning a domestic animal (Md. Code, Criminal Law Article § 10-612);</paragraph>
    <paragraph indent="2">(4)   giving away animals under certain circumstances (Md. Code, Criminal Law Article § 10-610);</paragraph>
    <paragraph indent="2">(5)   selling or importing certain puppies and kittens (Md. Code, Criminal Law Article § 10-613);</paragraph>
    <paragraph indent="2">(6)   selling or coloring a chick (Md. Code, Criminal Law Article, § 10-614);</paragraph>
    <paragraph indent="2">(7)   injuring certain horses (Md. Code, Criminal Law Article § 10-620);</paragraph>
    <paragraph indent="2">(8)   killing or trapping a carrier pigeon (Md. Code, Criminal Law Article § 10-622);</paragraph>
    <paragraph indent="2">(9)   poisoning a dog (Md. Code, Criminal Law Article § 10-618);</paragraph>
    <paragraph indent="2">(10)   abuse or neglect of an animal (Md. Code, Criminal Law Article, § 10-604);</paragraph>
    <paragraph indent="2">(11)   aggravated cruelty to animals, in general, (Md. Code, Criminal Law Article, § 10-606);</paragraph>
    <paragraph indent="2">(12)   failing to take actions required for the driver of a motor vehicle that hits and injures an animal (Md. Code, Transportation Article, § 20-106); or</paragraph>
    <paragraph indent="2">(13)   leaving a cat or dog in a vehicle under certain circumstances (Md. Code, Transportation Article, § 21-1004.1).</paragraph>
    <paragraph indent="1">(b)   Regulations. The County Executive may issue regulations, consistent with State law, to interpret and implement State anti-cruelty laws in the County.</paragraph>
  </section>
  <section heading="Sec. 5-202. Dangerous and potentially dangerous animals.">
    <paragraph indent="1">(a)   Violation.</paragraph>
    <paragraph indent="2">(1)   Except as provided in subsection (h), a person must not import, sell, trade, buy, barter, breed, raise, keep, or possess:</paragraph>
    <paragraph indent="3">(A)   a wild animal; or</paragraph>
    <paragraph indent="3">(B)   any animal that the County or any other jurisdiction finds is dangerous or a threat to public health or safety, including types of animals excluded from State law prohibitions on dangerous animals.</paragraph>
    <paragraph indent="2">(2)   An animal is dangerous if the animal is:</paragraph>
    <paragraph indent="3">(A)   a “dangerous dog” as defined in Md. Code, Criminal Law Article § 10-619;</paragraph>
    <paragraph indent="3">(B)   any other animal that, without provocation , has killed or severely injured a person;</paragraph>
    <paragraph indent="3">(C)   an animal that poses a physical threat to humans because of specific training or demonstrated behavior, or because the animal's bite is poisonous; or</paragraph>
    <paragraph indent="3">(D)   a potentially dangerous animal that:</paragraph>
    <paragraph indent="4">(i)   bites a person without provocation;</paragraph>
    <paragraph indent="4">(ii)   attacks a person or animal without provocation; or</paragraph>
    <paragraph indent="4">(iii)   kills or severely injures a domestic animal outside the property of the potentially dangerous animal's owner.</paragraph>
    <paragraph indent="2">(3)   An animal is potentially dangerous if:</paragraph>
    <paragraph indent="3">(A)   the animal:</paragraph>
    <paragraph indent="4">(i)   bites a person without provocation;</paragraph>
    <paragraph indent="4">(ii)   kills or severely injures a domestic animal outside the attacking- animal owner’s property;</paragraph>
    <paragraph indent="4">(iii)   attacks or has unwanted contact with a person or animal without provocation; or</paragraph>
    <paragraph indent="4">(iv)   was declared by the County or another jurisdiction as potentially dangerous (even if the other jurisdiction uses a different term); and</paragraph>
    <paragraph indent="3">(B)   the Office notifies the owner that the animal is potentially dangerous.</paragraph>
    <paragraph indent="3">An animal's actions in a qualified activity do not make the animal potentially dangerous.</paragraph>
    <paragraph indent="1">(b)   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.</paragraph>
    <paragraph indent="1">(c)   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.</paragraph>
    <paragraph indent="1">(d)   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:</paragraph>
    <paragraph indent="2">(1)   securely muzzled in a manner approved by the Office;</paragraph>
    <paragraph indent="2">(2)   leashed; and</paragraph>
    <paragraph indent="2">(3)   under the control of a person who is at least 18 years old and is physically able to restrain the animal.</paragraph>
    <paragraph indent="1">(e)   When a potentially dangerous animal is off the owner’s premises or property it must be:</paragraph>
    <paragraph indent="2">(1)   on a leash or harness; and</paragraph>
    <paragraph indent="2">(2)   under the control of a person who is at least 18 years old and is physically able to restrain the animal.</paragraph>
    <paragraph indent="1">(f)   Guard dogs. An owner of a guard dog must:</paragraph>
    <paragraph indent="2">(1)   confine the dog as described in subsection (c);</paragraph>
    <paragraph indent="2">(2)   transport the dog only in a humane, escape-proof manner;</paragraph>
    <paragraph indent="2">(3)   ensure that the dog always wears a tag identifying the owner's name, address, and emergency phone number;</paragraph>
    <paragraph indent="2">(4)   tell the Department of Police and the Fire Department the location of a working guard dog before placing the animal in service and provide emergency contact information about the owner; and</paragraph>
    <paragraph indent="2">(5)   on demand by an animal control officer, produce the dog for examination by a specific veterinarian at the owner's expense.</paragraph>
    <paragraph indent="1">(g)   Licensing records.  The Executive Director must indicate in the licensing records whether a licensed animal is dangerous, potentially dangerous, or a guard dog.</paragraph>
    <paragraph indent="1">(h)   Exceptions.</paragraph>
    <paragraph indent="2">(1)   A dog serving a law enforcement agency is not a dangerous or potentially dangerous animal or a guard dog under this Section.</paragraph>
    <paragraph indent="2">(2)   Animals in the possession of an animal sanctuary are not dangerous or potentially dangerous animals if the animal sanctuary:</paragraph>
    <paragraph indent="3">(A)   is a nonprofit organization qualified under §501(c)(3) of the Internal Revenue Code;</paragraph>
    <paragraph indent="3">(B)   operates a place of refuge for abused, neglected, impounded, abandoned, orphaned, or displaced wildlife; and</paragraph>
    <paragraph indent="3">(C)   does not conduct commercial activity with respect to any animal of which the organization is an owner.</paragraph>
    <paragraph indent="2">(3)   Wild animals do not include kangaroos, wallabies, or sugar gliders.</paragraph>
  </section>
  <section heading="Sec. 5-203. Public nuisance and other violations.">
    <paragraph indent="1">(a)    Violation.  An owner must not:</paragraph>
    <paragraph indent="2">(1)   Allow an animal other than an altered cat to be at large.  An animal that is participating in a qualified activity is not at large unless the animal leaves the activity.</paragraph>
    <paragraph indent="2">(2)   Allow an animal to damage or defecate on property outside the owner’s property.  An animal may defecate on public property or the common area of property in which the owner shares an interest if the owner immediately removes and disposes of the feces by a sanitary method approved by the Office.  This paragraph does not affect any right of a common ownership community to regulate or ban animals from the community’s property.</paragraph>
    <paragraph indent="2">(3)   Allow an animal to enter private property without the property owner's permission.  The property owner may capture the trespassing animal humanely and promptly notify animal control or other appropriate law enforcement authorities, or humanely transport the animal to an animal shelter.</paragraph>
    <paragraph indent="2">(4)   Allow a female dog or cat in heat to be outside a building or other secure enclosure that prevents attraction of other animals.</paragraph>
    <paragraph indent="2">(5)   Allow an animal to cause an unsanitary, dangerous, or offensive condition because of the size or number of animals in a single location or because a facility is not appropriate for the animal or properly maintained.</paragraph>
    <paragraph indent="2">(6)   Allow an animal to cause noise that is loud and persistent enough to disturb another person's quiet enjoyment.</paragraph>
    <paragraph indent="2">(7)   Allow a dog to be on public school grounds on a day when school is in session, or in a public recreation area during an organized activity, unless the dog is controlled by a leash or similar restraining device.  This paragraph does not apply to a dog participating in a qualified activity if the agency controlling the school or area gave permission to the owner of the dog or the sponsor of the qualified activity.</paragraph>
    <paragraph indent="2">(8)   Allow a domestic or exotic bird, including a homing pigeon, to be in an aviary within 100 feet of any structure owned or leased by another person and used for human habitation or work.  This paragraph does not apply to a bird:</paragraph>
    <paragraph indent="3">(A)   other than a homing pigeon, inside the owner's dwelling;</paragraph>
    <paragraph indent="3">(B)   in a pet shop;</paragraph>
    <paragraph indent="3">(C)   in an Agricultural or Rural Residential zone as defined in Chapter 59; or</paragraph>
    <paragraph indent="3">(D)   in a market for less than 24 hours for sale for human consumption.</paragraph>
    <paragraph indent="2">(9)   Refuse or fail to obtain a license for a dog, cat, or ferret as required by State law or this Chapter.</paragraph>
    <paragraph indent="2">(10)   Allow an animal to act in any other way that the Executive Director, the Board, or an animal control officer finds would cause any other public nuisance established by regulation.  An action prohibited by the regulation is a violation even if the action does not qualify as a public nuisance because the owner has not received notice described in subsection (b)(1).</paragraph>
    <paragraph indent="2">(11)   sell, trade, or give a domesticated animal to another person at a place open to the public, except a business licensed to sell animals under Section 5-404.</paragraph>
    <paragraph indent="1">(b)   Public nuisance. An owner must not allow an animal to create a public nuisance by:</paragraph>
    <paragraph indent="2">(1)   behavior described in subsections (a)(1), (2), (3), (4), (6), (8), (9), or (10) occurring after the owner received notice from the County in any form (such as an oral warning from an Office employee) of a violation because of the same behavior; or</paragraph>
    <paragraph indent="2">(2)   any behavior described in subsections (a)(5) or (7).</paragraph>
    <paragraph indent="1">(c)   An owner must prevent the owner’s animal from having unwanted contact with a person or another domesticated animal at all times.</paragraph>
  </section>
  <section heading="Sec. 5-204. Traveling Animal Act - Prohibited.">
    <paragraph indent="1">(a)   Definitions. In this section, the following words have the meanings indicated:</paragraph>
    <paragraph indent="2">(1)   Exhibition means an act, circus, ride, or similar undertaking in which a wild animal is required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of any live audience.</paragraph>
    <paragraph indent="2">(2)   Mobile or traveling housing facility means a transporting vehicle such as a heavy commercial vehicle as defined by Section 59.1.4.2, trailer, or railway car, used to move or house wild animals.</paragraph>
    <paragraph indent="2">(3)   Traveling animal act means the exhibition of a wild animal where the animal is transported to, from, or between locations for exhibition, in a mobile or traveling housing facility.</paragraph>
    <paragraph indent="2">(4)   Wild animal means all animals classified in the following orders or families except the species noted:</paragraph>
    <paragraph indent="3">(A)   non-human primates and prosimians;</paragraph>
    <paragraph indent="3">(B)   felidae, except domestic cats;</paragraph>
    <paragraph indent="3">(C)   canidae, except domestic dogs;</paragraph>
    <paragraph indent="3">(D)   ursidae;</paragraph>
    <paragraph indent="3">(E)   marsupialia;</paragraph>
    <paragraph indent="3">(F)   proboscidea;</paragraph>
    <paragraph indent="3">(G)   crocodilia;</paragraph>
    <paragraph indent="3">(H)   artiodactyla, except domestic cattle, bison, American buffalo, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, or alpacas;</paragraph>
    <paragraph indent="3">(I)   perissodactyla, except domestic horses, ponies, donkeys, or mules;</paragraph>
    <paragraph indent="3">(J)   elasmobranchii; and</paragraph>
    <paragraph indent="3">(K)   pinnipedia.</paragraph>
    <paragraph indent="1">(b)   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.</paragraph>
    <paragraph indent="1">(c)   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).</paragraph>
    <paragraph indent="1">(d)   Regulations. The County Executive may issue regulations under Method (2), to interpret and enforce this subsection.</paragraph>
  </section>
</article>