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<chapter heading="Chapter 5. Animal Control - Regulations">
  <section heading="COMCOR 05.00.01 Terms for Dog and Cat Licenses">
    <regulation heading="COMCOR 05.00.01 Terms for Dog and Cat Licenses">
      <subsection heading="05.00.01.01">
        <paragraph indent="2">The following terms for dog and cat licenses are adopted under Section 5-59(e); Required, issuance, duration; Article VI; Dog and Cat Licenses; Chapter 5, Animal Control; Montgomery County Code, 1992, as amended:</paragraph>
        <paragraph indent="3">Juvenile license, available to owners of a      Expires one year after the animal’s first</paragraph>
        <paragraph indent="3">dog or cat that is less than one year old      rabies vaccination</paragraph>
        <paragraph indent="3">Altered dog or cat               Owner's option of one year or three years</paragraph>
        <paragraph indent="3">Unaltered dog or cat               Three years</paragraph>
        <paragraph indent="2">In no case shall the license term exceed the rabies vaccination expiration date. Should the rabies vaccination expire prior to the standard one year or three year term, the license shall expire when the rabies vaccination expires.</paragraph>
      </subsection>
      <subsection heading="05.00.01.02 Should an Animal be Unable to be Altered for Health Reasons:">
        <paragraph indent="2">Permanent health considerations:</paragraph>
        <paragraph indent="3">If a licensed veterinarian certifies that any animal should not be altered due to age or permanent condition, said animal shall be considered to be altered and the owner shall have the option of electing a one or three year license term if veterinary certification of the condition is submitted with the license application or renewal.</paragraph>
        <paragraph indent="2">Temporary health considerations:</paragraph>
        <paragraph indent="3">If a licensed veterinarian certifies that any animal should not be altered due to a temporary condition, said animal shall be considered to be altered and the owner shall have the option of electing a one or three year license term if veterinary certification of the condition is submitted with the license application, and the certificate contains an estimated date by which the animal can be altered. Within one month of that estimated altering date, the owner must provide the Department with veterinary certification that the animal has in fact been altered, or must at that time license the animal for three years.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="COMCOR 05.00.02 Possession, Sale, or Release of Northern Snakehead Fish">
    <regulation heading="COMCOR 05.00.02 Possession, Sale, or Release of Northern Snakehead Fish">
      <subsection heading="05.00.02.01 Definitions">
        <paragraph indent="2">A.   Northern Snakehead Fish - For purposes of this temporary regulation, “Northern Snakehead fish,” means any fish or the species, Channa argus, or other members of the genus Channa or Parachanna.</paragraph>
        <paragraph indent="2">B.   Person - The term “person” has its common meaning and includes a commercial retail or wholesale establishment, such as a pet store or a business selling live fish.</paragraph>
      </subsection>
      <subsection heading="05.00.02.02 Applicability">
        <paragraph indent="2">These regulations apply only to the possession, sale or release of live Northern Snakehead Fish.  Nothing is intended to prevent the sale or possession of dead Northern Snakehead Fish intended for human consumption on the premises by licensed retail food establishments.</paragraph>
      </subsection>
      <subsection heading="05.00.02.03 Possession, Sale, or Release of Northern Snakehead Fish Prohibited">
        <paragraph indent="2">(a)   Except as provided in Section 4, a person may not possess or sell a live Northern Snakehead fish.</paragraph>
        <paragraph indent="2">(b)   A person may not introduce or release, or possess for introduction or release into any waters in the County a live Northern Snakehead fish.</paragraph>
        <paragraph indent="2">(c)   Any person possessing a live Northern Snakehead fish must humanely dispose of the fish.</paragraph>
        <paragraph indent="2">(d)   Any person violating this regulation is guilty of a Class A violation.</paragraph>
      </subsection>
      <subsection heading="05.00.02.04 Enforcement">
        <paragraph indent="2">The Animal Services Division of the Montgomery County Department of Police is responsible enforcement of this regulation and may seize or impound and humanely dispose of any fish subject to this regulation.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="COMCOR 05.00.03 Microchipping of Animals">
    <regulation heading="COMCOR 05.00.03 Microchipping of Animals">
      <subsection heading="05.00.03.01 Definitions">
        <paragraph indent="2">(a)   Microchip — Means a small computer chip inserted into or under an animal’s skin that:</paragraph>
        <paragraph indent="3">(1)   can be read by a special scanner; and</paragraph>
        <paragraph indent="3">(2)   contains a code unique to that animal that identifies the owner of the animal.</paragraph>
        <paragraph indent="2">(b)   Dangerous or Potentially Dangerous Animal — Has the meaning set forth in section 5-202 of the Code.</paragraph>
        <paragraph indent="2">(c)   Owner — Has the meaning set forth in section 5-101 of the Code.</paragraph>
        <paragraph indent="2">(d)   Division — Means the Animal Services Division of the Department of Police.</paragraph>
      </subsection>
      <subsection heading="05.00.03.02 Microchipping Required">
        <paragraph indent="2">(a)   Dangerous or Potentially Dangerous Animals.  The owner of a dangerous or potentially dangerous animal must have a microchip implanted in the animal for identification, unless the Director determines that it is medically inappropriate.  The name of the microchip manufacturer and identification number of the microchip must be provided to the Division.  Unless otherwise specified by the Director, the microchip must be implanted within 72 hours of the Division determining the animal is dangerous or potentially dangerous and the manufacturer’s name and microchip identification number must be provided to the Division within 48 hours of the insertion of the microchip.  If the microchip is not implanted by the owner, the dog may be seized pursuant to section 5-301(c) of the Code and the microchip may be implanted by the Division.</paragraph>
        <paragraph indent="2">(b)   Impounded Animals.  Impounded dogs and cats found running at large, and all dogs and cats claimed by their owners pursuant to section 5-304 of the Code, must be implanted with a microchip by the Division prior to the animal being released to the owner.</paragraph>
        <paragraph indent="2">(c)   Adopted Animals.  All animals placed for adoption by the Division pursuant to section 5- 304(g) of the Code must be permanently identified with a microchip.</paragraph>
        <paragraph indent="2">(d)   Other Animals.  The Director of the Division may order the microchipping of an animal under any other circumstances where, in his judgment, microchipping is in the best interest of the public or the owner of the animal.</paragraph>
      </subsection>
      <subsection heading="05.00.03.03 Owner’s Information">
        <paragraph indent="0">The owner of animal that has been microchipped pursuant to this regulation must notify the Division of any change in ownership or any change in address or telephone number within 30 days.</paragraph>
      </subsection>
      <subsection heading="05.00.03.04 Costs">
        <paragraph indent="1">(a)   Dangerous or Potentially Dangerous Animals.  The owner is responsible for payment of all costs associated with the purchase, implantation, and registration of a microchip implanted in a dangerous or potentially dangerous animal.</paragraph>
        <paragraph indent="1">(b)   Stray or Lost Animals.  In the case of an unlicensed, stray, or lost animal, all costs associated with the purchase, implantation, and registration of a microchip will be borne by the owner and shall be taxed as additional costs and shall be collected prior to the animal being released.</paragraph>
        <paragraph indent="1">(c)   Adopted Animals.  Costs associated with microchipping animals to be adopted will be included in costs associated with the adoption process and collected at the time of the adoption.</paragraph>
        <paragraph indent="1">(d)   Other Animals.  In all other circumstances where the Director has ordered microchipping the costs associated with the purchase, implantation, and registration of a microchip will be the responsibility of the owner.</paragraph>
        <paragraph indent="1">(e)   A fee of $10.00 shall be charged for the insertion of a microchip by the Division or its contractor.  This fee includes the cost of the microchip.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="COMCOR 05.103.01 Adoption Fees for Animal Services and Adoption Center Animals">
    <regulation heading="COMCOR 05.103.01 Adoption Fees for Animal Services and Adoption Center Animals">
      <subsection heading="05.103.01.01">
        <paragraph indent="1">PURPOSE:</paragraph>
        <paragraph indent="2">The proposed regulation establishes reasonable adoption fees for animals that are adopted from the Montgomery County Animal Services and Adoption Center and also describes the services and medical procedures that are included in each adoption.  Adoption fees and services/procedures are specific to the species of animal being adopted from the Center.</paragraph>
        <paragraph indent="0">Adoption Fees: | 
- Dogs | 
Less than 6 months | $   150
7 months to 6 years | $   100
7 years + | $   75
Special Needs | $   0
Bonded Pair 7 months + | $   150</paragraph>
        <paragraph indent="2">Adoption fees for dogs may include the following services/medical procedures:</paragraph>
        <paragraph indent="3">• Spay/Neuter Surgery</paragraph>
        <paragraph indent="3">• Micro-chip</paragraph>
        <paragraph indent="3">• Heartworm Test</paragraph>
        <paragraph indent="3">• Distemper Vaccination</paragraph>
        <paragraph indent="3">• Rabies Vaccination</paragraph>
        <paragraph indent="3">• Bordatella Vaccination</paragraph>
        <paragraph indent="3">• Flea Treatment</paragraph>
        <paragraph indent="3">• De-worming</paragraph>
        <paragraph indent="0">- Cats | 
Less than 6 months | $   100
7 months to 7 years | $   50
8 years + &amp; special needs | $   0
Bonded pairs less than 6 months | $   150
Bonded pairs 7 months + | $   75</paragraph>
        <paragraph indent="2">Adoption fees for cats may include the following services/medical procedures:</paragraph>
        <paragraph indent="3">• Spay/Neuter Surgery</paragraph>
        <paragraph indent="3">• Micro-chip</paragraph>
        <paragraph indent="3">• Feline Leukemia/Feline Aids Test</paragraph>
        <paragraph indent="3">• Distemper Vaccination</paragraph>
        <paragraph indent="3">• Rabies Vaccination</paragraph>
        <paragraph indent="3">• Flea Treatment</paragraph>
        <paragraph indent="3">• De-worming</paragraph>
        <paragraph indent="2">Other Animals:</paragraph>
        <paragraph indent="2">Return to Owner (RTO) and Other Service Fees:</paragraph>
        <paragraph indent="2">The Animal Services Division Director or designee has the authority to reduce these established adoption fees for special circumstances and adoption promotions that may occur from time to time at the Animal Services and Adoption Center. The adoption fee for animals not covered by this regulation will be determined and/or approved by the Division Director.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="Sec. 5-104 Animal Matters Hearing Board - Regulations">
    <regulation heading="COMCOR 05.104.01 Animal Matters Hearing Board Fees">
      <subsection heading="05.104.01.01 Animal Matters Hearing Board Fee.">
        <paragraph indent="2">The following fee is established under Section 5-104 (e); Animal Matters Hearing Board, Chapter 5, Animal Control; Montgomery County Code, 1999, as amended.</paragraph>
        <paragraph indent="2">A fee of $25.00 shall be charged any individual requesting a hearing by the Animal Matters Hearing Board.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="Sec. 5-201 Cruelty - Regulations">
    <regulation heading="COMCOR 05.201.01 Anti-Cruelty Conditions for Dogs">
      <subsection heading="05.201.01.01 Tethering of Dogs.">
        <paragraph indent="2">The following conditions for the tethering of dogs are adopted under Section 5-201(b); Article II -Prohibited Conduct; Chapter 5, Animal Control; Montgomery County Code, 2005, as amended, and interpret State anti-cruelty provisions at Maryland Code, Criminal Law Article, Section 10-604(a), 2002, as amended and applied in Montgomery County pursuant to Section 5-201(a); Article II - Prohibited Conduct, Chapter 5, Animal Control; Montgomery County Code, 2005, as amended.</paragraph>
        <paragraph indent="2">I.   Definitions.</paragraph>
        <paragraph indent="3">A.   Director means the Director of the Animal Services Division or designee.</paragraph>
        <paragraph indent="3">B.   Sanitary means sanitary as defined in § 5-101 of the Montgomery County Code (1994), as amended.</paragraph>
        <paragraph indent="3">C.   Tether means attaching a dog to a stationary object or pulley run by means of a chain, rope, tether, cable, or similar restraint. Tether does not include the use of a leash to walk a dog.</paragraph>
        <paragraph indent="3">D.   Unattended means an animal that is not within the visual sight of the caretaker and not within a proximity to the caretaker whereby contact with the animal could be made immediately.</paragraph>
        <paragraph indent="2">II.   Prohibited Conduct. A person must not tether a dog under circumstances that endanger its health, safety, or well being, including:</paragraph>
        <paragraph indent="3">A.   Tethering a dog longer than one hour cumulatively during any twenty- four hour period and the dog must not be left unattended;</paragraph>
        <paragraph indent="3">B.   tethering a dog by any means other than a harness;</paragraph>
        <paragraph indent="3">C.   tethering a dog between the hours of eight p.m. and eight a.m. unless the Director grants a waiver based on extraordinary circumstances after determining that the proposed tethering will be safe and humane;</paragraph>
        <paragraph indent="3">D.   using a tether that weighs more than 1/8 of the dog's body weight;</paragraph>
        <paragraph indent="3">E.   using a tether that does not have a swivel attached on each end;</paragraph>
        <paragraph indent="3">F.   using a tether that is less than five times the length of the dog, as measured from the tip of its nose to the base of its tail;</paragraph>
        <paragraph indent="3">G.   tethering that unreasonably limits a dog's movement;</paragraph>
        <paragraph indent="3">H.   tethering under conditions where the dog or tether can become entangled on the tether or some other object;</paragraph>
        <paragraph indent="3">I.   tethering that restricts a dog's access to suitable and sufficient food, clean water, and appropriate shelter;</paragraph>
        <paragraph indent="3">J.   tethering in unsafe or unsanitary conditions;</paragraph>
        <paragraph indent="3">K.   tethering that does not allow a dog to defecate or urinate in an area separate from the area where it must eat, drink, or lie down; or,</paragraph>
        <paragraph indent="3">L.   tethering that causes injury, stress, or demonstrable socialization problems.</paragraph>
        <paragraph indent="2">III.   It shall be unlawful for any person to tether, chain, fasten, tie, or otherwise restrain a cat to a house, tree, fence, or other stationary or immobile object.</paragraph>
        <paragraph indent="2">IV.   Failure to provide relief to a dog in distress when exposed to any of the conditions listed in subsection II is proof that the dog was improperly, i.e., cruelly, tethered.</paragraph>
        <paragraph indent="2">V.   Exception. Nothing in this regulation prohibits:</paragraph>
        <paragraph indent="3">A.   a regiment of restraint that the Director has approved for a particular training or working dog purpose; or</paragraph>
        <paragraph indent="3">B.   the temporary tethering of a dog incidental to its veterinary care and/or grooming, in accordance with professionally accepted standards.</paragraph>
        <paragraph indent="2">VI.   This regulation establishes requirements for tethering a dog humanely. Notwithstanding any other provision of this regulation, the particular circumstances or conditions of a dog otherwise tethered according to the requirements of this regulation are sufficient evidence of cruelty to constitute a violation of State or County law.</paragraph>
      </subsection>
      <subsection heading="05.201.01.02 Transporting Dogs.">
        <paragraph indent="2">The following conditions for transporting of dogs are adopted under Section 5-201(b); Article II - Prohibited Conduct; Chapter 5, Animal Control; Montgomery County Code, 2005, as amended, and interpret State anti-cruelty provisions at Maryland Code, Criminal Law Article; Section 10-604(a), 2002, as amended and applied in Montgomery County pursuant to Section 5-201(a); Article II - Prohibited Conduct; Chapter 5, Animal Control; Montgomery County Code 2005, as amended.</paragraph>
        <paragraph indent="2">A.   Transporting Dogs in Open-Bed Vehicles</paragraph>
        <paragraph indent="3">Dogs which are transported on or in the back of trucks or other open-bed vehicles must either be cross-tethered or confined in a suitable cage made of wood, wire or plastic to prevent them from departing the vehicle while it is in motion. The cage must be anchored or tethered to prevent movement while the vehicle is in motion.</paragraph>
      </subsection>
      <subsection heading="05.201.01.03 Shelter or Protection from the Weather for Outdoor Dogs.">
        <paragraph indent="2">The following conditions which define shelter or protection from the weather for outdoor dogs are adopted under Section 5-201(b); Article II - Prohibited Conduct; Chapter 5, Animal Control; Montgomery County Code, 2005, as amended, and interpret State anti-cruelty provisions at Maryland Code, Criminal Law Article, Section 10-604(a), 2002, as amended and applied in Montgomery County pursuant to Section 5-201(a); Article II - Prohibited Conduct; Chapter 5, Animal Control; Montgomery County Code, 2005, as amended, and subject to the provisions of Section 05.201.01.04 of this Executive Regulation.</paragraph>
        <paragraph indent="2">I.   Dog houses are considered shelter or protection from the weather provided the dog house:</paragraph>
        <paragraph indent="3">A.   is constructed of solid wood, fiberglass or other weather-resistant material (excluding metal);</paragraph>
        <paragraph indent="3">B.   is at least 2" off the ground, with a solid, level floor;</paragraph>
        <paragraph indent="3">C.   does not contain cracks or openings other than the entrance;</paragraph>
        <paragraph indent="3">D.   has a protected entrance or offset to act as a windbreak with a flexible flap made of windproof material or other device or method approved by the Director that protects the dog from inclement weather or wind, when temperatures are below 45 degrees Fahrenheit;</paragraph>
        <paragraph indent="3">E.   has an overhang on the roof;</paragraph>
        <paragraph indent="3">F.   contains a sufficient quantity of non-absorbent bedding such as wood chips or straw for insulation against cold and damp; and</paragraph>
        <paragraph indent="3">G.   is sufficiently large that the dog is able to stand up and turn around while inside but is sized to allow the dog to warm the interior of the structure and retain his or her body heat.</paragraph>
        <paragraph indent="2">II.   Shade must be available to outdoor dogs at all times from sources other than the dog house, whether the shade is natural or manmade.</paragraph>
        <paragraph indent="2">III.   Fresh water shall be made available to outdoor dogs at all times.</paragraph>
        <paragraph indent="2">IV.   Garages, sheds, screened or enclosed porches and alcoves may be considered shelter or protection from the weather, provided that:</paragraph>
        <paragraph indent="3">A.   during spring and summer, the structure is ventilated so as to provide movement of air;</paragraph>
        <paragraph indent="3">B.   in a heated structure during fall and winter, an area must be provided for the dog that contains bedding (blankets, wood chips, etc.) sufficient to keep the pet insulated from the floor of the structure; or</paragraph>
        <paragraph indent="3">C.   in an unheated structure during fall and winter, an enclosure must be provided consisting of four walls and a top (which may also be an igloo-type house), and is sufficiently large that the dog is able to stand up and turn around while inside; said enclosure is for the purpose of retaining the body heat of the dog; bedding (blankets, wood chips, etc.) must also be provided.</paragraph>
        <paragraph indent="2">V.   Any time that a dog is left outside, and the owner is absent from the property, a suitable structure (dog house, shed, screened porch, alcove or working pet door) must be provided as shelter for the dog.</paragraph>
        <paragraph indent="2">VI.   Any time that a dog is left outside overnight, a suitable structure (dog house, shed, screened porch, alcove or working pet door) must be provided as shelter for the dog.</paragraph>
        <paragraph indent="2">VII.   Requirements for outdoor enclosures/pens:</paragraph>
        <paragraph indent="3">Any dog confined within an outdoor enclosure/pen must have adequate space for exercise.  A minimum of one hundred square feet is required.  Dogs over eighty (80) pounds must have an additional fifty (50) square feet.  Fifty (50) square feet is required for each additional dog kept within the same enclosed area.  The area must be maintained in a sanitary condition and be free from debris or stored material.</paragraph>
      </subsection>
      <subsection heading="05.201.01.04 Extreme Weather/Weather Emergency.">
        <paragraph indent="2">An owner shall not leave a pet unattended outdoors in an extreme weather situation or weather emergency (Heat / Cold Emergency Alerts) as declared by the Montgomery County Department of Health and Human Services, the Montgomery County Office of Emergency Management and Homeland Security, or the Animal Services Division. Owners are advised not to leave a pet unattended outdoors during Hypothermia / Hyperthermia Alerts as declared by the Montgomery County Department of Health and Human Services, the Montgomery County Office of Emergency Management and Homeland Security, or the Animal Services Division.</paragraph>
        <paragraph indent="2">During a Heat or Cold Emergency Alert, outdoor housing for an animal as described in Section 05.201.01.03 is inadequate and additional measures must be taken to provide adequate heating or cooling. The additional measures must be approved by the Director of the Montgomery County Animal Services Division.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="SEC. 5-304 (formerly § 5-21) DISPOSITION - REGULATIONS">
    <regulation heading="COMCOR 05.304.01 Disposition of Unadopted Animals at the Montgomery County Animal Shelter">
      <subsection heading="05.304.01.01">
        <paragraph indent="2">The following procedures for disposing of animals at the Montgomery County Animal Shelter which are not adopted under Section 5-22, Redemption and Disposition generally; Article I, In General; Chapter 5, Animal Control, Montgomery County Code 1986, as amended:</paragraph>
        <paragraph indent="4">(1)   Animals wi1l be euthanized with an intravenous or intracardiac injection of sodium pentobarbitol in sufficient volume and strength to cause the immediate death of the animal.</paragraph>
        <paragraph indent="4">(2)   Those animals unable to be euthanized with sodium pentobarbitol due to age, size, or species, will be euthanized using inhalant agents, specifically chloroform.</paragraph>
        <paragraph indent="4">(3)   Drugs/agents must be used and maintained under any State, Federal and manufacturer's guidelines, procedures and requirements.</paragraph>
        <paragraph indent="4">(4)   Each person euthanizing animals must be trained in proper use and technique and will be certified by a licensed veterinarian before performing euthanasia.</paragraph>
      </subsection>
    </regulation>
    <regulation heading="COMCOR 05.304.02 Redemption Fees for Animals Impounded at Montgomery County Animal Shelter">
      <subsection heading="05.304.02.01">
        <paragraph indent="2">The following redemption fees for animals impounded at the Montgomery County Animal Shelter are adopted under Section 5-21 (a), Redemption and Disposition Generally; Article III, Animal Control Officer; Chapter 5, Animal Control, Montgomery County Code 1984, as amended:</paragraph>
        <paragraph indent="0">| Impoundment Fee: | 1st Offense   –   $25
 |  | 2nd Offense   –   $50
 |  | 3rd Offense (and thereafter)   –   $75</paragraph>
      </subsection>
    </regulation>
    <regulation heading="COMCOR 05.304.03 Procedures for Collecting and Handling Field Service Fees for Dogs/Cats Impounded by an Animal Control Officer or County Contractor">
      <subsection heading="05.304.03.01">
        <paragraph indent="2">Pursuant to Section 5-21(a)(1), Redemption and disposition generally; Article III, Animal Control Officer; Chapter 5, Animal Control; Montgomery County Code 1992, as amended, the following are the amount of, and procedure for collection of field service fees on dogs/cats impounded at the County Animal Shelter by an animal control officer or County contractor:</paragraph>
        <paragraph indent="4">(1)   The County contractor will collect a $25 field service fee, in addition to the current impoundment and board fees, from any owner redeeming their dog/cat from the County Animal Shelter that has been impounded by an animal control officer or the County contractor.</paragraph>
        <paragraph indent="4">(2)   The County contractor will remit to the County all field service fees collected by depositing the fees into an account specified by the County. The County contractor will provide the County a copy of the deposit slip for each deposit made to the County account.</paragraph>
        <paragraph indent="4">(3)   The County contractor will, on a weekly basis, provide the Department of Animal Control copies of all animal information logs containing the names and addresses of dog/cat owners who failed to redeem their pets but are subject to the field service fee and impoundment and board charges.</paragraph>
        <paragraph indent="4">(4)   The Department of Animal Control will, on a monthly basis, provide the Office of Finance a list of the names and addresses of dog/cat owners who failed to redeem their pets but are subject to the field service fee and impoundment and board charges.</paragraph>
        <paragraph indent="4">(5)   The Department of Finance will through their normal billing and collection procedures collect the field service fee and impoundment and board charges from those dog/cat owners who failed to redeem their pets but are subject to the fees and charges.</paragraph>
        <paragraph indent="4">(6)   The Department of Finance will, on a monthly basis, provide the Department of Animal Control with a list of the pet owners who have paid the service fee and impoundment and board charges, and a list of the pet owners delinquent in their payment.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="Sec. 5-401 Dog and Cat Licenses - Regulations">
    <regulation heading="COMCOR 05.401.01 Dog and Cat License Fees">
      <subsection heading="05.401.01.01 Purpose.">
        <paragraph indent="2">The purpose of this regulation is to set dog-and-cat license fees.  The license fee is authorized under section 5-401(b) of the County Code as amended.</paragraph>
      </subsection>
      <subsection heading="05.401.01.02 Applicability.">
        <paragraph indent="2">The following fees apply:</paragraph>
        <paragraph indent="2">1.   Temporary Juvenile Pet License            No Charge</paragraph>
        <paragraph indent="2">2.   ALTERED</paragraph>
        <paragraph indent="3">A.   Altered Animals - Annual Fee            $12.00</paragraph>
        <paragraph indent="3">B.   Altered Animals - Three Years            $32.00</paragraph>
        <paragraph indent="2">3.   UNALTERED</paragraph>
        <paragraph indent="3">A.   Unaltered Animals - Annual Fee         $25.00</paragraph>
        <paragraph indent="3">B.   Unaltered Animals - Three Years         $75.00</paragraph>
        <paragraph indent="2">4.   Altered Animals owned by temporary cash assistance (TCA) recipients will be $6.00 per year, if requested.  There is no discount for license fees for unaltered animals owned by TCA recipients.</paragraph>
        <paragraph indent="2">A license term may not exceed the duration of the animal’s rabies vaccination/booster.  The license fee will be pro-rated to coincide with the time remaining until the pet requires a rabies vaccination/booster.</paragraph>
        <paragraph indent="2">In the future, fee amounts may be changed by Executive Regulation under Method 3.</paragraph>
      </subsection>
      <subsection heading="05.401.01.03 Severability.">
        <paragraph indent="2">If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="SEC. 5-402 (formerly § 5-43) RABIES CONTROL - REGULATIONS">
    <regulation heading="COMCOR 05.402.01 Fee Schedule for Rabies Vaccination Clinics">
      <subsection heading="05.402.01.01">
        <paragraph indent="2">The following fees for animals vaccinated at County-sponsored rabies vaccination clinics are adopted under Section 5-43, Maintenance of Vaccination Clinics; Article V, Rabies Control; Chapter 5, Animal Control, Montgomery County Code 1984, as amended:</paragraph>
        <paragraph indent="2">County Residents who purchase a license at the time of the clinic shall be given a rabies vaccination at no charge.</paragraph>
        <paragraph indent="2">Those County Residents who do not purchase a license at the time of the clinic shall be charged a fee of $4 to cover the costs of administration.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="SEC. 5-404 (formerly § 5-67) ANIMAL BUSINESS LICENSING - REGULATIONS">
    <regulation heading="COMCOR 05.404.01 Standards for Animal Business Licenses">
      <subsection heading="05.404.01.01 Pet Shops, Commercial Kennels.">
        <paragraph indent="2">The following standards for Pet Shops and Commercial Kennels are adopted under Section 5-404 (a)(1 and 2); Animal Business Licensing; Chapter 5, Animal Control; Montgomery County Code, 1999, as amended.</paragraph>
        <paragraph indent="2">A.   License Requirements:</paragraph>
        <paragraph indent="3">1.   A person, association or corporation must not provide services for a fee without an annual license from the Division.</paragraph>
        <paragraph indent="3">2.   A license issued shall expire on June 30 of each year unless earlier suspended or revoked. A license issued shall be prominently displayed at all times in the establishment for which it is issued.</paragraph>
        <paragraph indent="3">3.   The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, not less than 30 days nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. The animal control officer must notify the license holder at least 60 days before a license expires. Before a license is issued, the applicant must be inspected and approved for the following:</paragraph>
        <paragraph indent="2">B.   Minimum Standards for the Housing and Care of Animals Generally.</paragraph>
        <paragraph indent="3">1 .   Bedding.  There shall be sufficient clean, dry bedding to meet the needs of each individual animal.</paragraph>
        <paragraph indent="3">2.   Cages.  All cages are to be constructed of a non-absorbent, nonporous material. All cages, except bird cages, shall have floors of either solid construction or woven wire mesh construction or any combination thereof. Cages having woven or wire mesh floors may be used to confine or display animals, provided that the spaces between the wire mesh or weave are smaller than the pads of the feet of the animals confined therein. Cages having wire construction shall be constructed of wire which is of sufficient height to permit every animal confined therein to stand normally to its full height and to turn.</paragraph>
        <paragraph indent="3">3.   Death Records.  Every licensed facility shall keep a permanent record of the deaths of any warm blooded animals, excluding rodents, under its control. Such record shall state the species of the deceased animal, the date and cause of death, if known (this standard does not apply to Commercial Kennels).</paragraph>
        <paragraph indent="3">4.   Disease or illness.  Any animal which exhibits symptoms of disease or illness shall be separated to the greatest extent possible from other healthy animals. Any animal confined for either diagnostic observation or treatment of disease or illness shall likewise be separated from healthy animals. No animal which is known to have or may reasonably be suspected of having a disease contagious or communicable to humans may be offered for sale by any duly licensed pet shop or kennel.</paragraph>
        <paragraph indent="3">5.   Drinking water.  Fresh water shall be available to all animals and replaced whenever necessary during each day, including Sundays and holidays.</paragraph>
        <paragraph indent="3">6.   Feeding.  All animals requiring the daily intake of food shall be fed at least once each twenty-four hour period, including Sundays and holidays. The type of food provided shall be appropriate for each particular species and shall be of sufficient nutritive content for the health and well-being of the species.</paragraph>
        <paragraph indent="3">7.   Hot water.  There shall be available for cleaning and sanitation, at pet shops and commercial kennels, a sufficient supply of hot running water at a minimum temperature of one hundred sixty (160) degrees Fahrenheit.</paragraph>
        <paragraph indent="3">8.   Sanitation.  All areas of confinement, display areas, storage areas and sales areas shall be maintained in a rodent-proof and sanitary condition. These areas shall be cleaned and disinfected regularly as conditions warrant it. All cages shall be cleaned and disinfected daily. Feed and water dishes shall be emptied and sanitized at least once daily, including Sundays and holidays.</paragraph>
        <paragraph indent="3">9.   Separation of animals by species.  Animals except fish of different species may not be confined or displayed in the same cage.</paragraph>
        <paragraph indent="3">10.   Surgery.  No employee or keeper or other person who is not a licensed veterinarian may crop ears, dock tails or perform any type of animal surgery.</paragraph>
        <paragraph indent="3">11.   Temperature control.  Room temperature shall be maintained at a level which is appropriate and healthful for each particular species of animal contained therein. It shall be unlawful for any establishment to harbor any animal, bird, or other creature requiring for its health special atmospheric conditions or air temperature unless the appropriate conditions or temperature is maintained in the room in which the animal, bird or other creature is confined.</paragraph>
        <paragraph indent="3">12.   Treatment.  All animals exhibiting symptoms of illness or disease shall be examined and appropriately treated by a licensed veterinarian. If required, diseased animals shall be humanely destroyed under the supervision of a licensed veterinarian.</paragraph>
        <paragraph indent="3">13.   Ventilation.  All rooms in which animals are displayed or confined shall either be connected to an outside ventilating system or some other appropriate means of ventilation and air filtration shall be provided.</paragraph>
        <paragraph indent="2">C.   Special provisions as to dogs and cats.</paragraph>
        <paragraph indent="3">1.   No more than two (2) adult dogs or cats may be confined or displayed in the same cage.</paragraph>
        <paragraph indent="3">2.   Infant animals may not be confined or displayed in the same cage with adult animals other than their dam.</paragraph>
        <paragraph indent="3">3.   Pugnacious or vicious animals shall be isolated from other animals.</paragraph>
        <paragraph indent="3">4.   Dogs which have been weaned shall be taken from cages and allowed to exercise at least twice daily, including Sundays and holidays.</paragraph>
        <paragraph indent="3">5.   Dogs and cats under four (4) months old shall be fed at least twice each twenty-four hour period, including Sundays and holidays.</paragraph>
        <paragraph indent="3">6.   Dogs and cats under the age of eight (8) weeks may not be displayed or offered for sale.</paragraph>
        <paragraph indent="3">7.   Unaltered animals of different sex shall not be housed in the same cage.</paragraph>
        <paragraph indent="2">D.   Pet Shops — Special provisions as to simians, birds, fish and turtles.</paragraph>
        <paragraph indent="3">1.   Simians.  All cages in which simians are confined or displayed shall be at least twice the height of the simians confined therein.</paragraph>
        <paragraph indent="3">2.   Birds.</paragraph>
        <paragraph indent="4">a.   Each bird cage shall contain at least two (2) horizontal perches and provide sufficient perch space for every bird confined therein. Perches shall not be aligned vertically.</paragraph>
        <paragraph indent="4">b.   In addition to birdseed and water, each bird cage shall contain an amount of fresh gravel needed for digestion sufficient for the number of birds contained therein.</paragraph>
        <paragraph indent="4">c.   Parrots and other large birds shall not be confined or displayed in a cage with smaller birds.</paragraph>
        <paragraph indent="3">3.   Fish.  The water temperature in a fish tank shall be maintained at a constant level appropriate for the fish confined therein. If necessary, for purposes of health or sanitation, fish tanks shall be equipped with an efficient circulating pump and filter.</paragraph>
        <paragraph indent="3">4.   Turtles.</paragraph>
        <paragraph indent="4">a.   Cages or tanks in which turtles of the amphibious type are confined must contain an amount of water sufficient for each turtle to eat and moisten itself.</paragraph>
        <paragraph indent="4">b.   The floor area of tanks in which turtles are confined must contain a dry area sufficient for each turtle contained therein.</paragraph>
        <paragraph indent="4">c.   The shells of turtles shall not be painted or carved nor shall decals be affixed thereto.</paragraph>
      </subsection>
      <subsection heading="05.404.01.02 Dog and Cat Fanciers.">
        <paragraph indent="2">The following standards for Dog and Cat Fanciers are adopted under Section 5-404(a)(3); Animal Business Licensing; Chapter 5, Animal Control; Montgomery County Code, 1999, as amended.</paragraph>
        <paragraph indent="2">Requirements:</paragraph>
        <paragraph indent="2">A.   A fancier must obtain from the Division an annual license for the fancier's kennel and must observe certain practices in the care and sale or transfer of animals. The fancier must include the license number in any advertisement to sell or otherwise transfer ownership of a dog or cat. The license fee must be based on the number of adult dogs or cats kept in the kennel. Dogs and cats kept in a fancier's kennel are exempt from the individual license requirements of this Chapter. Any dog or cat that leaves the fancier's kennel must have identifying tags with the fancier's name and address.</paragraph>
        <paragraph indent="2">B.   A license issued shall expire on June 30 of each year, unless earlier suspended or revoked. Each license issued under this article shall be prominently displayed at all times in the establishment for which it is issued. The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, no less than 30 nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. Licensees must be notified by the animal control officer at least 60 days before a license expires.</paragraph>
        <paragraph indent="2">C.   All animals shall be kept current on annual vaccinations for diseases, shall be tested and kept current on preventative treatment of heartworm, and shall have fecal tests and treatment as needed. Fanciers shall provide these records to the Department upon request.</paragraph>
        <paragraph indent="2">D.   All offspring shall be up to date on shots and wormings as recommended by the fancier's veterinarian when placed in a new home, and a medical record shall be provided to the new owner. Offspring must be a least 8 weeks of age before being placed in a new home.</paragraph>
        <paragraph indent="2">E.   Fanciers shall complete a Juvenile License Registration form, provided by the Department, for all offspring placed in Montgomery County. The registration form consists of four copies. The fancier shall return the completed original (top) copy to the Department within a month of the offspring's placement. The fancier shall retain the completed second copy, and the bottom two completed copies shall be given to the new owner, along with the Juvenile License Explanation Sheet provided by the Department. Information on the Department's Low-Cost Altering Program, provided by the Department, shall also be given to any new owner residing in Montgomery County.</paragraph>
        <paragraph indent="2">F.   The fancier must keep records of the total number of offspring placed. The fancier's records shall include the number of offspring placed out of County, such out of County placement exempting them from the requirements of Section E, above. The records shall be made available to the Department on request.</paragraph>
        <paragraph indent="2">G.   The keeping of animals under a fancier's license is for the continuation of the hobbies of showing, hunting, and obedience training.</paragraph>
        <paragraph indent="2">H.   A license for a Fancier will not be issued or renewed by the animal control officer until an inspection is completed by the Division of the areas where animals are housed.</paragraph>
      </subsection>
      <subsection heading="05.404.01.03 Riding Schools or Stables.">
        <paragraph indent="2">The following standards for Riding Schools or Stables are adopted under Section 5-404 (a)(4); Animal Business Licensing; Chapter 5, Animal Control, Montgomery County Code, 1999, as amended.</paragraph>
        <paragraph indent="2">A.   License requirements:</paragraph>
        <paragraph indent="3">1.   A person, association or corporation must not provide services for a fee without an annual license from the Division.</paragraph>
        <paragraph indent="3">2.   A license issued shall expire on June 30 of each year unless earlier suspended or revoked. A license issued shall be prominently displayed at all times in the establishment for which it is issued.</paragraph>
        <paragraph indent="3">3.   The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, not less than 30 days nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. The animal control officer must notify the license holder at least 60 days before a license expires.</paragraph>
        <paragraph indent="3">4.   A license to operate a riding school or stable will not be issued or renewed by the animal control officer unless the following certificates have been filed with the Division not more than 30 days before the animal control officer issues or renews the license:</paragraph>
        <paragraph indent="4">a.   A certificate from a doctor of veterinary medicine stating that each individual horse or pony available for hire is physically sound for riding purposes.</paragraph>
        <paragraph indent="4">b.   A certificate from the Fire Marshall stating that the stable and stable area used by the riding school or stable are in compliance with Chapter 22.</paragraph>
        <paragraph indent="4">c.   A certificate from the health officer stating that the stable and stable area are in compliance with the sanitary regulations set forth.</paragraph>
        <paragraph indent="4">d.   Before a license is issued the applicant must be inspected and approved for the following:</paragraph>
        <paragraph indent="2">B.   Special provisions for horses and ponies.</paragraph>
        <paragraph indent="3">Any licensee operating a riding school or stable shall provide suitable food, water and shelter for the horses and ponies under his control. Such licensee shall also comply with the following standards:</paragraph>
        <paragraph indent="3">1.   All building and sheds used for stabling horses and ponies shall be well lighted and ventilated and shall be provided with sufficient feed troughs or boxes.</paragraph>
        <paragraph indent="3">2.   All buildings and sheds used for stabling horses or ponies shall be kept clean and in good repair at all times and all manure shall be removed therefrom daily. A manure pile shall not be allowed to stand for a period longer than one (1) month from October 15 through April 30 or for four (4) days from May 1 through October 14.</paragraph>
        <paragraph indent="3">3.   Any enclosure where horses or ponies are kept shall be graded and drained so as to keep the surface reasonably dry. No garbage, fecal matter or similar matter shall be placed or allowed to remain in such enclosure for a period not to exceed one (1) month from October 15 through April 30 or for four (4) days from May 1 through October 14. No open drain shall be allowed to run through such enclosure.</paragraph>
        <paragraph indent="3">4.   No horse or pony shall be let for riding purposes which has not been certified by a doctor of veterinary medicine as physically sound for riding purposes.</paragraph>
        <paragraph indent="3">5.   The animal control officer may at any time require that a particular horse or pony owned by or under the control of a licensee and available for hire for riding purposes not be let for hire until the licensee gives the animal control officer a certificate of examination as of the date the certificate is requested, signed by a doctor of veterinary medicine, that the horse or pony is physically sound for riding purposes.</paragraph>
      </subsection>
      <subsection heading="05.404.01.04 Groomer, Trainer, Guard Dog Operator.">
        <paragraph indent="2">The following standards for Groomers, Trainers and Guard Dog Operators are adopted under Section 5-404 (a)(6); Animal Business Licensing; Chapter 5, Animal Control; Montgomery County Code, 1999, as amended.</paragraph>
        <paragraph indent="2">A.   License Requirements:</paragraph>
        <paragraph indent="3">1.   A person must not provide Groomer, Trainer or Guard Dog services for a fee without an annual license from the Division.</paragraph>
        <paragraph indent="3">2.   A license issued shall expire on June 30 of each year unless earlier suspended or revoked. A license issued shall be prominently displayed at all times and the license number must be contained in any advertisement.</paragraph>
        <paragraph indent="3">3.   The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, not less than 30 nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. The animal control officer must notify licensees at least 60 days before a license expires.</paragraph>
        <paragraph indent="2">B.   Special provisions for Groomers, Trainers and Guard Dog Operators:</paragraph>
        <paragraph indent="3">1.   Groomers.  A license to provide grooming services for a fee will not be issued or renewed by the animal control officer unless the applicant provides  documentation of completion from a certified grooming school. The Director of animal control may make special exemptions or waivers. A license to provide grooming services for a fee will not be issued until the animal control officer inspects and passes the facility and or equipment used to provide the grooming services.</paragraph>
        <paragraph indent="3">2.    Trainers.  A license to provide animal behavior modification services or classes for a fee will not be issued or renewed by the animal control officer unless the applicant provides documentation of experience and a minimum of three (3) references. The Director of animal control may make special exceptions or waivers.</paragraph>
        <paragraph indent="3">3.   Guard Dog Operators.  A license will not be issued or renewed by the animal control officer until the premises where the dog is kept for hire is inspected for compliance of Montgomery County Code Section 5-202(f).</paragraph>
      </subsection>
      <subsection heading="05.404.01.05 Benevolent Organizations.">
        <paragraph indent="2">The following standards for Benevolent Organizations are adopted under Section 5-404 (a) (5); Animal Business Licensing; Chapter 5, Animal Control; Montgomery County Code, 1999, as amended.</paragraph>
        <paragraph indent="2">Requirements:</paragraph>
        <paragraph indent="2">A.   A Benevolent Organization must obtain an annual license from the Division.</paragraph>
        <paragraph indent="2">B.   A license issued shall expire on June 30 of each year unless earlier suspended or revoked.</paragraph>
        <paragraph indent="2">C.   The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, not less than 30 days nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. The animal control officer must notify licensees at least 60 days before a license expires.</paragraph>
        <paragraph indent="2">D.   A license for a benevolent organization will not be issued or renewed by the animal control officer unless the following have been filed with the Division not more than 30 days before the animal control officer issues or renews the license:</paragraph>
        <paragraph indent="3">1.   Verification of the organization's non-profit status through one of the following:</paragraph>
        <paragraph indent="4">a.   Proof of current tax-exempt status under the Internal Revenue Code section 501 (c)(3);</paragraph>
        <paragraph indent="4">b.   An affidavit signed under oath by an authorized officer of the organization attesting that the organization does not receive any financial consideration in return for animals, services or products; or</paragraph>
        <paragraph indent="4">c.   A current agreement with the County, or a County contractor, for the organization to provide temporary care for impounded animals.</paragraph>
        <paragraph indent="4">The Division may require additional documentation to verify that information provided in items a through c above is accurate.</paragraph>
        <paragraph indent="3">2.   An inventory of animals housed by the organization for the previous year.</paragraph>
        <paragraph indent="3">3.   Verification of rabies vaccinations for animals previously and currently housed by the organization.</paragraph>
        <paragraph indent="2">E.   A license for a Benevolent Organization will not be issued or renewed by the animal control officer until an inspection is completed by the Division of the areas animals are housed. For purposes of this subsection, the Division may accept the results of an inspection conducted by a County contractor applying the Division's inspection standards if the Benevolent Organization is a subcontractor to the County contractor. The Division may inspect a licensed organization at any time and should inspect each organization at least once every three years.</paragraph>
        <paragraph indent="2">F.   If an organization can be defined as both benevolent and one or more other licensing categories, then the organization must meet the requirements for both licenses.</paragraph>
      </subsection>
    </regulation>
    <regulation heading="COMCOR 05.404.02 Riding School or Stable License Fee">
      <subsection heading="05.404.02.01">
        <paragraph indent="2">An annual Riding School or Stable License fee of $50.00 is adopted under Section 5-67(d), Chapter 5, Animal Control, of the Montgomery County Code, 1984, as amended.</paragraph>
      </subsection>
    </regulation>
    <regulation heading="COMCOR 05.404.03 Commercial Kennel License Fees">
      <subsection heading="05.404.03.01">
        <paragraph indent="2">The following annual Commercial Kennel License fees are adopted under Section 5-67(b); Required, fee, issuance; Article VII; Pet Shops, Kennels and Riding Facilities; Chapter 5, Animal Control; Montgomery County Code, 1992, as amended:</paragraph>
        <paragraph indent="3">Kennels owning or keeping 25 or fewer animals      $  75.00</paragraph>
        <paragraph indent="3">Kennels owning or keeping 26 or more animals      $125.00</paragraph>
      </subsection>
    </regulation>
    <regulation heading="COMCOR 05.404.04 Dog and Cat Fanciers’ License Fees">
      <subsection heading="05.404.04.01">
        <paragraph indent="2">The following annual Dog and Cat Fanciers' License fees are adopted under Section 5-67(c); Required, fee, issuance; Article VII; Pet Shops, Kennels and Riding Facilities; Chapter 5, Animal Control; Montgomery County Code, 1992, as amended:</paragraph>
        <paragraph indent="3">Fanciers owning up to 5 dogs or cats         $25.00</paragraph>
        <paragraph indent="3">6 - 10 dogs or cats                  $40.00</paragraph>
        <paragraph indent="3">over 10 dogs or cats                  $65.00</paragraph>
      </subsection>
    </regulation>
    <regulation heading="COMCOR 05.404.05 Pet Shop License Fee">
      <subsection heading="05.404.05.01">
        <paragraph indent="2">An annual Pet Shop License fee is adopted under Section 5-67(a); Required, fee, issuance; Article VII; Pet Shops, Kennels and Riding Facilities; Chapter 5, Animal Control; Montgomery County Code, 1992, as amended:</paragraph>
        <paragraph indent="2">Annual fee                        $125.00</paragraph>
        <paragraph indent="2">Surcharge for dogs or cats sold or given      away, based on prior year's numbers               1 - 10      $  25.00</paragraph>
        <paragraph indent="11">11 - 20      $  40.00</paragraph>
        <paragraph indent="11">21 +      $  75.00</paragraph>
      </subsection>
    </regulation>
  </section>
</chapter>