Subtitle 3. Animal Control

As used in and for the purposes of this Subtitle, the following words and phrases shall have the meanings assigned to them herein:

The County Executive is authorized to establish an Animal Control Program. The appointing authority shall designate a person to perform the duties of Administrator of Animal Control.

The County Executive is authorized to establish an Animal Services Facility and Adoption Center. The Administrator shall operate the Animal Services and Adoption Center for the detention, confinement, and disposition of animals in accordance with this Subtitle.

The Administrator of Animal Control shall enforce the provisions of this Subtitle including, but not limited to, programs for animal control, animal licensing, vaccination, spaying and neutering, public education, cruelty prevention, euthanasia, and other duties and programs prescribed in this Subtitle.

The Director, subject to the provisions of the Personnel Law and Labor Code, may appoint such numbers of persons as are authorized in the approved current expense budget to fill positions as he shall deem necessary.

Animal Control Officers are authorized and empowered as follows:

The Director shall promulgate comprehensive regulations prescribing standards for the operation of the Animal Services and Adoption Center, including, but not limited to, the housing, feeding, care, veterinary treatment, adoption, and humane destruction of animals in the center.

In general, the operations of the Animal Services and Adoption Center, including the administration of euthanasia, shall be open to members of the general public. The Administrator may, however, restrict access to the Animal Services and Adoption Center by a person or persons when, in the judgment of the Administrator, the presence of such person or persons may adversely affect the safety or welfare of any person or may disrupt the efficient operation of the center.

The Administrator, to the extent provided for in the approved current expense budget, shall provide for necessary and appropriate veterinary care of injured or sick animals in the custody of the County. Such veterinary care may be rendered without first obtaining the consent of the owner of the animal receiving such care. Veterinary care shall be rendered by a doctor of veterinary medicine licensed to practice in the State of Maryland except that members of the staff of the Animal Control program, including employees of contractors authorized by the Administrator to do so, may administer medication and veterinary nursing care as prescribed by a veterinarian; provided, however, that nothing in this Subsection shall be construed to affect or diminish the immunity granted by Section 3-104(b)(3). Any veterinarian, or program staff member, or contractors' employee who renders veterinary care, veterinary nursing care, or prescribes or administers medication as authorized by the Administrator shall not be liable, and Prince George's County, Maryland, and its employees and agents shall not be liable, for acts committed or omitted in rendering such care or in administering such medication.

The Administrator, in accordance with the provisions of this Subtitle, may dispose of animals in custody by euthanasia. The regulations to be promulgated by the Director shall provide for the humane destruction of animals in custody. The regulations shall provide standards for the training of personnel for administering euthanasia, acceptable methods of euthanasia, and appropriate disposition of carcasses. The County Executive or his designee is authorized to make contracts for the disposition of animal carcasses upon such terms as, in the judgment of the County Executive, are most advantageous to the County.

The Administrator shall not cause or knowingly permit any live animal in custody to be sold or given up for any experimental purposes. Companion animals shall not be sold or given up for commercial or experimental purposes.

The Director, from time to time and after consultation with the Director of Management and Budget and the Director of Finance, shall establish schedules or tariffs of charges for the housing, feeding, care, and veterinary treatment of animals which come into the custody of the Administrator. Such schedules and tariffs may be published or posted in a conspicuous place at the Animal Services and Adoption Center.

Where the Administrator has ascertained the identity of the owner or custodian of an animal, the Administrator shall, as a precondition of the release of the animal, require the payment in advance by the owner or custodian of all charges for the care, feeding, housing, and veterinary treatment of the animal accrued through the date of redemption, and shall, as a further precondition of the release of the animal, also collect from the owner or custodian the unpaid license fees and fines provided for in this Subtitle. Where a security bond has been posted, the owner or custodian shall be entitled to a refund from Treasury for the amount remaining after charges for the care, feeding, housing, unpaid license fees and fines and veterinary treatment have been satisfied.

Where the Administrator has ascertained the identity of the owner or custodian of an animal, and has duly notified said owner or custodian of the animal's impoundment, and said owner or custodian fails to redeem the animal from the custody of the County, the fees and fines as prescribed by this Subtitle shall be due and payable within 10 days of the animal becoming the property of the County.

The Director, from time to time and after consultation with the Director of Management and Budget and the Director of Finance, shall establish charges for the adoption of animals which come into the custody of the Administrator. The Administrator shall also require the person adopting the animal to pay any license fees prescribed by this Subtitle and to prepay any spay or neutering fee.

The Maryland-National Capital Park and Planning Commission (M-NCPPC) and the Department of the Environment (DOE) shall create a study on the effects of wildlife displacement by the development of new land and reach out to the Maryland Department of Natural Resources (DNR) for any input on the study.

The M-NCPPC and the Department of the Environment shall provide the study within six (6) months of enactment.

From time to time, the M-NCPPC, the Department of the Environment, and the Animal Control Administrator shall reevaluate the study and make recommendations to the County Council.

The Wildlife Action Plan. The M-NCPPC, the Department of the Environment, and the Animal Control Administrator shall jointly create a comprehensive plan to address the wildlife displacement issues within the county.

There is created as an integral part of the government of the County a Commission for Animal Control, consisting of the Health Officer (or his/her representative), the Chief of Police (or his/her representative), a licensed veterinarian or his/her representative practicing in Prince George's County, and six (6) citizen members, which may include a representative of a local humane organization, a kennel owner, and a representative of the pet industry.

All citizen members shall be appointed for terms of two (2) years each. The terms of office for members of the Commission shall be staggered terms as follows: Initially three (3) members appointed for two (2) years and three (3) members appointed for one (1) year. Subsequent appointments shall be made for two (2) years, allowing for the continuation of staggered terms. All appointments to the Commission for Animal Control shall be made by the County Executive, subject to confirmation by the Council. All appointments shall be made in accordance with the Charter.

All members of said Commission shall continue to serve, without regard to the expiration date of their appointment term, until such time as their successors have been duly appointed and confirmed. Citizen Commission members may serve consecutive terms of office.

The Commission shall elect from its members a Chairman and a Vice Chairman. The Chairman and Vice Chairman may be citizen members elected annually by the total voting membership of the Commission. The Chairman and Vice Chairman may be elected to serve for consecutive terms of office.

The County Executive is authorized, to the extent provided in the approved current expense budget, to provide for the Commission such office space, supplies, equipment, and support personnel as may be required.

The Commission may meet at the call of the Chairman to do the following:

The Commission may conduct public hearings when:

The Commission shall conduct a public hearing when a person who has been served with a citation or violation notice charging him with a violation of the provisions of this Subtitle requests a hearing before the Commission in writing.

The Commission may convene a panel of three members to hear and issue a proposed or final decision on a complaint, petition or appeal as provided in this subtitle.

The Director may delegate to a hearing officer the authority to hear and issue a proposed or final decision on a complaint, petition or appeal as provided in this subtitle.

The Commission shall give notice in writing by regular mail to the complainant, the person charged or the appellant of a violation notice or citation, of the time and place of a public hearing. The Commission shall also send notice by personal delivery, or by certified mail, return receipt requested, to the person charged. If the notice sent by regular mail is not returned or if the personal delivery or certified mail receipt indicates that the person charged is at the address given, it shall be presumed that the person has received notice of the hearing.

At the public hearing, the proceeding shall be conducted in an informal manner. The strict rules of evidence shall not apply. The Commission may hear any evidence which is relevant and probative of the matters set forth in the complaint, but shall not be required to hear irrelevant or merely cumulative evidence.

The Commission may require the attendance of the charging officer or the complainant and the person charged with the violation, citation or noncompliance with a Commission order.

The Commission is authorized and empowered to issue its process or summonses, upon forms approved by the County Executive, compelling the attendance of witnesses to testify and to produce documents at hearings of the Commission. The Commission shall make service of a summons by personal delivery or by registered or certified mail. Upon the failure of a person summoned to appear, the Office of Law may apply to the Circuit Court for an order compelling compliance with the summons. Failure to comply with the Court's order shall constitute contempt and shall be punishable in accordance with the Maryland Rules of Procedure.

At the close of all the evidence, the Commission shall deliberate and shall issue written findings of fact, conclusions, and an appropriate order. If the Commission finds that a violation did not occur, it shall dismiss the complaint or citation. If the Commission finds that a violation has occurred, or that an animal is a public nuisance animal, or that a public nuisance condition exists, it may impose civil penalties pursuant to Section 3-116. In lieu of or in addition to imposing civil penalties, it may require appropriate affirmative action, including but not limited to:

The Administrator may request the Commission to convene immediately for the purpose of investigating situations of acute emergency. In such case, good faith efforts shall be made to serve notice of the expedited hearings upon the person charged. The Commission may make such findings and orders as are appropriate to deal with the emergency situation. Such orders shall have effect for periods not to exceed fifteen (15) business days, and the Commission shall schedule and hold a hearing in the ordinary course to consider further action. For the purposes of this Subsection, two voting members of the Commission shall constitute a quorum sufficient to act on behalf of the Commission.

The Administrator shall enforce the provisions of this Subtitle with respect to animal control, prevention of cruelty to animals, and minimum standards for animal holding facilities of all types. The Administrator shall conduct the following programs:

Whenever in this Subtitle any act or condition is prohibited or is made or declared to be unlawful or an offense, or whenever in this Subtitle the doing of any act or the maintenance of any condition is required or the failure to do any act or the maintenance of any condition is declared to be unlawful, the violation of any such provision of this Subtitle may be evidenced and notice thereof may be given by an Animal Control Officer or a police officer by the issuance of a notice of violation or citation, on a form to be designated and approved by the County Executive. A police officer or Animal Control Officer witnessing a violation shall be authorized to issue such notice of violation or citation.

The notice of violation or citation shall contain and specify:

The notice of violation or citation may be issued to both residents and nonresidents when found within the County's geographical boundaries.

The person serving notice shall make proof of his service to the Commission promptly and, in any event, within the time during which the person served must request a hearing before the Commission. Failure to make proof of service to the Commission, however, shall not affect the validity of the violation notice or citation.

The person served with a violation notice or citation may, in lieu of requesting a hearing before the Commission, pay to Prince George's County, Maryland, through the Administrator, the amount of the civil penalty stated upon the face of the violation notice or citation, which amount shall be as set forth in Section 3-116, below.

Notwithstanding the provisions of Subsection (e), above, the Commission, in its discretion, may review any violation notice or citation filed, and treat the same as any written complaint of a violation of this Subtitle. If the Commission determines that there is reason to believe that action other than or in addition to a civil penalty is required, it may give notice of a hearing to investigate the matter and require the attendance of the person charged to appear before the Commission at the hearing.

Any person failing to comply with an order issued by the Animal Control Commission shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment not to exceed ninety (90) days.

No person shall willfully hinder, prevent, or obstruct the investigation of any animal related violation of any provision in this Subtitle.

No person shall falsify a statement to an investigating officer.

Any person found to have violated any provision of this Subtitle shall be subject to the following civil penalties:

Any person found to have violated any provision of Section 3-185.01 shall be fined up to $1,000.00 or may be sentenced to not more than six (6) months of imprisonment.

A Pit Bull that causes injury to or kills a human being or a domestic animal without provocation shall be humanely destroyed, and the owner of such dog shall be fined up to $1,000.00 or may be sentenced to not more than six (6) months of imprisonment.

For violation of Section 3-115(g), the criminal penalty shall be up to One Thousand Dollars ($1,000.00) and/or imprisonment for up to ninety (90) days.

For violation of Section 3-135, the criminal penalty shall be up to Five Hundred Dollars ($500.00) and/or imprisonment for up to ninety (90) days.

For violation of Section 3-131, 3-180(a), 3-180(b)(4) or Section 3-180(c), the criminal penalty shall be One Thousand Dollars ($1,000.00) and/or imprisonment for up to six (6) months.

For any violation of Section 3-136, upon conviction, the criminal penalty shall be $500.00 nor more than $1,000.00, and/or imprisonment for up to 180 days.

A person receiving an Animal Control violation notice or citation must select one of the following:

The failure of the person charged to note a timely appeal to the Commission or to pay the amount of the civil penalty within the time for appeal shall constitute an admission of liability for the amount of the civil penalty.

Each police officer or Animal Control Officer who issues a violation notice or citation to an alleged violator shall:

Upon receiving the original copy of a violation notice or citation issued to a person alleged to have violated this Subtitle, the Administrator shall:

Animals found at large with a license tag, rabies tag, tattoo, microchip, or other indications of ownership shall, except as otherwise provided in this Subtitle, be impounded and taken to the Animal Services and Adoption Center and there confined in a humane manner for a period of not less than five (5) business days, unless sooner claimed and redeemed by its owner.

Animals found at large without a license tag or other indications of ownership shall be impounded as above. However, such stray animals will be confined in a humane manner for a period of not less than three (3) business days.

In the event an impounded animal shows signs of disease, injury, or severe behavioral maladjustment, the Administrator has discretion to send the animal to be euthanized rather than holding it for three (3) business days, providing he has checked the records to see if the animal has been reported missing, the animal appears to be unlicensed, and, in the case of disease or injury, he has consulted with a veterinarian. The behavioral maladjustment must be of such a nature as to pose a threat to the animal's welfare while confined at the Animal Services and Adoption Center or pose an unreasonable threat to the safety of personnel caring for the animal.

Domesticated animals may be impounded when found at large or abandoned, and disposed of in accordance with procedures established pursuant to regulations promulgated by the Director.

An ear tipped cat shall be handled according to this subsection, and for ear tipped cats, this subsection shall supersede subsections (c) and (d) of this Section, and Sections 3-132, 3-135, and 3-140 of this Subtitle. An Animal Control Officer who has trapped or responds to a trapped ear tipped cat in the field, shall immediately release the ear tipped cat at the location where it was trapped, unless the ear tipped cat show signs of disease, or injury, or unless the Animal Control Officer has probable cause that the specific cat is the subject of a pending nuisance complaint. An Animal Control Officer shall not trap an ear tipped cat for being at large or, if the ear tipped cat has no owner, for not being under restraint. An ear tipped cat transported to or deposited at the Animal Services and Adoption Center shall be held by the Administrator for at least three (3) working days, unless the cat is suffering from disease or injury. The Administrator shall use all due diligence to provide electronic notification about all ear tipped cats held at the Animal Services and Adoption Center to all local animal rescue organizations and all animal care organizations who have notified the Administrator of their experience with ear tipped cats and shall allow three (3) working days from the time of the electronic notification for an organization to rescue the ear tipped cat at no charge to the organization. An animal care or animal rescue organization shall not return an ear tipped cat to the area where it was trapped if that specific ear tipped cat has been impounded three times to the Animal Services and Adoption Center. If an ear tipped cat is trapped in or brought to the Animal Services and Adoption Center from a municipality located within Prince George's County with a municipal animal control department, the Administrator shall provide the municipality with the same notification and opportunity for rescue. If the Administrator has used all due diligence to notify animal rescue organizations, animal care organizations, and where appropriate, a municipality about an ear tipped cat, and if the ear tipped cat is not retrieved by an organization or municipality within the designated time period, the ear tipped cat shall be treated the same as an impounded cat to the processes of Subtitle 3 of the Prince George's County Code.

The Administrator shall make and keep records of individual ear tipped cats handled under this subsection (e), including; the date and location where the ear tipped cat was trapped or captured; the date the ear tipped cat entered the Animal Services and Adoption Center; whether the ear tipped cat suffered from a disease or injury, and the nature of any such disease or injury; whether the ear tipped cat was the subject of nuisance complaint, and the facts and legal basis for any such complaint, all notifications, and notification attempts, to animal rescue or animal care organizations, or to a municipality; and the date and ultimate disposition of the ear tipped cat. The Administrator shall make these records available for public inspection and shall report these records to the Director of the Department of the Environment.

The Administrator shall, annually review by December 31st, with consultation with the Director and County Council, the effectiveness of the ear tipped cat program under Section 3-122 of this Subdivision.

The Administrator shall keep complete and accurate records of the breed, color, sex, condition, and location where found of any animal impounded in the Animal Services and Adoption Center, and shall record whether or not the animal is licensed, tattooed, microchipped, or has a rabies tag.

If an animal impounded in the Animal Services and Adoption Center is licensed or vaccinated, the Administrator shall record the name and address of the owner and the number of the license or rabies tag.

The Administrator shall keep complete and accurate records of the care, feeding, veterinary treatment, and disposition of all animals impounded in the Animal Services Facility and Adoption Center.

The owner of an impounded animal shall be entitled to redeem such animal, except as otherwise provided in this Subtitle, upon compliance with the license provisions of this Subtitle, payment of redemption fees, payment of costs accrued with respect to the animal to be redeemed, and presentation of satisfactory proof of ownership.

Redemption fees shall be as follows:

The owner of an impounded animal also shall be liable to Prince George's County, Maryland, for the shelter fees to include the fee for mandatory microchipping if the animal is not already microchipped and the costs of any required veterinary services in accordance with the schedule or tariff of charges promulgated by the Director pursuant to Section 3-106 herein. In addition, when the animal is impounded, it will be mandatory that it is spayed or neutered prior to leaving the Animal Services and Adoption Center. The cost shall be included in the payment of redemption fees not exceed the actual cost of the procedure.

Exemptions and Waivers

Each owner or custodian shall provide the following in consideration of the species, age, condition, weight, and size, for each animal in his or her care:

The provisions of this Section shall also apply to every animal shelter, impoundment facility, foster home, and holding facility whether temporary or permanent.

No person shall keep or maintain any animal in Prince George's County in such manner as to cause or permit the animal to be a public nuisance or to cause or permit the animal to cause a public nuisance condition. No person shall keep or maintain any animal in the County in such manner as to disturb the peace, comfort, or health of any person residing within the County.

It shall be the duty of every owner or custodian of an animal to take all necessary steps and precautions to protect other people, animals, and property from injury or damage resulting from such animal's behavior, including, but not limited to, chasing, biting, or otherwise jeopardizing the safety, health or welfare of the public.

No owner or custodian of an animal or operator of any animal holding center shall fail to abate a nuisance caused by any animal owned by him or under his control nor shall any person fail to abate a public nuisance condition found to exist upon the premises owned or controlled by him, after having been notified by an Animal Control Officer or other law enforcement officer, in accordance with Section 3-115 herein, or after having been ordered to abate the nuisance by the Commission as provided herein.

Any animal having been declared to be a public nuisance animal shall, when required by the Commission and upon demand by the Administrator, be delivered by his owner to the custody of the County. No owner of a public nuisance animal shall refuse to surrender such animal to the County. A public nuisance animal which has been impounded by the County may be redeemed by the owner only upon those conditions established by the Commission for that particular animal. In addition to any special conditions imposed by the Commission, the owner of a public nuisance animal shall comply with the provisions of Section 3-128 herein.

Any animal found to be unredeemable shall become the property of Prince George's County and may be disposed of by adoption, euthanasia, or other disposition as may be advantageous to the County and to the animal. No animal may be destroyed or otherwise disposed of pending the outcome of any appeal from an order of the Commission pursuant to Section 3-111. The Administrator shall retain custody of the animal pending the appeal, and the expense of the care, feeding, and any necessary veterinary care for the animal shall be charged to, and be the obligation of, the owner of the animal, and shall be collected pursuant to the provisions of Section 3-106 herein.

As an alternative, if any person shall fail to abate a public nuisance animal or public nuisance condition after the Commission has ordered him to do so, the Administrator or the Commission may refer the matter to the Office of Law for appropriate legal action. The Office of Law, without limitation, and in addition to and not in lieu of any other available remedies, may seek ex parte, temporary and permanent injunctive relief and other relief in a court of competent jurisdiction to abate any nuisance or to correct any condition whereby the actions of an animal, or the actions or inactions of its owner or custodian, cause or threaten any substantial and immediate danger to any person or property or to the public health and safety.

All persons keeping or raising fowl or animals within the County, whether for commercial purposes or otherwise, shall keep the same at all times in a clean and sanitary condition and free from obnoxious odors.

The premises upon which are kept any fowl or animals (including, but not limited to, rodents, cattle, horses, sheep, swine, or goats) shall be subject to inspection by Animal Control Officers. Such premises shall be subject to the regulations contained in Section 3-131(a) of this Subtitle with respect to the maintenance of sanitary conditions, care and feeding of animals and their young, provision of veterinary care, and other matters as may be promulgated by the Director, pursuant to recommendations from the Commission.

No person who owns, keeps, or has in his possession any animal of any kind whatsoever shall permit such animal to disturb the quiet of any person or neighborhood. Permitting an animal to disturb the quiet of any person or neighborhood, or failure to keep any animal from causing frequent or long continued noise, to the disturbance of the comfort or repose of any person or neighborhood, is declared to be a public nuisance and detrimental to the public health and welfare.

Any person disturbed by a noisy animal shall first advise the owner or custodian who keeps such animal of the fact that the animal, by causing frequent or long continued noise, is disturbing the complainant and the neighborhood.

No owner or custodian shall fail to abate a nuisance caused by the frequent, habitual or long continuing noise of his animal after having been notified in accordance with this Section.

It shall be unlawful for the owner or custodian of any animal (including, but not limited to, any cattle, horse, mule, swine, sheep, goat, geese, ducks, chickens, dog, cat, or other animal) to permit the animal to run at large or be at large as defined in Section 3-101(7) within Prince George's County, Maryland. At large shall also include:

Any animal found at large or running at large is declared to be a nuisance and dangerous to the public health, safety, and welfare.

The owner of any animal running at large shall be held strictly liable for a violation of this statute, except as provided in paragraphs (f) and (g) of this Section, and for any damages caused by said animal.

Any person who is aware of an animal running at large within the County shall report the condition by telephone. The identity of an informant under this Section shall not be disclosed except to employees of the Animal Control program and duly authorized law enforcement officers.

Any Animal Control Officer, police officer, or other agent authorized or empowered to perform any duty under this Subtitle may pursue any animal at large or running at large and may go upon any premises for impounding the animal at large or running at large. If the animal returns to the premises of its owner, the Animal Control Officer may pursue the animal upon the unenclosed exterior premises of the owner. If the owner or custodian takes the animal within the enclosed interior portion of his premises, the Animal Control Officer or police officer shall direct the owner or custodian to surrender the animal for impoundment. No person, after having been directed by an Animal Control Officer or law enforcement officer to surrender an animal for impoundment, shall fail to surrender the animal immediately. Failure to surrender an animal for impoundment upon demand by an Animal Control Officer or law enforcement officer is a misdemeanor and, upon conviction thereof, the violator may be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed ninety (90) days in the County Detention Center, or both. In addition to the criminal penalty hereby imposed, the Commission may impose civil penalties pursuant to Section 3-110 and Section 3-116 herein.

Any animal is considered at large if it is outside the owner's premise and not leashed, unless it is a service animal, is in an animal exercise area, designated by Maryland-National Capital Park and Planning Commission (M-NCPPC) or the Administrator, or in a securely fenced area on the premises of another property owner with the permission of the property owner or lessee, or is participating in an approved activity such as undergoing obedience training or engaged in the sport of hunting in authorized areas and supervised by a competent person.

For purposes of this Section, the common area of an apartment complex, homeowners' association, condominium, or cooperative is not the owner's premises.

A leash may not exceed ten (10) feet in length. A retractable leash or electronic training collar or similar device does not meet the leash requirement for the purposes of this section.

No animal running at large by accident with a person in immediate pursuit of it shall be deemed to be at large, running at large or a stray.

An owner of an animal declared dangerous or potentially dangerous in another jurisdiction must remove the animal from the County within ten (10) days after receiving a citation or other notice of a violation of this Section unless waived of this requirement and has imposed conditions or restrictions for the animal to remain in the County. The Administrator may waive these prohibitions for a specific animal only upon a finding that the animal is not a threat to public health or safety. No animal shall be found to be dangerous if the threat, injury, or damage was sustained by a person who was acting in provocation.

It shall be the duty of the Police Department to receive and document complaints concerning dangerous animals. It shall be the duty of the Administrator/Animal Control Officer to receive and investigate complaints concerning dangerous animals. Whenever an animal complained against shall be reasonably deemed by a police officer or the Administrator/Animal Control Officer to be a dangerous animal, the police officer or Administrator/Animal Control Officer shall report the fact to the Commission in the form of a written complaint and shall be authorized and empowered to impound the animal pending a hearing if he reasonably believes that the owner of the animal is not capable of restraining the animal from attacking, biting, or injuring any human being or other animal pending a hearing on whether the animal is dangerous. Notwithstanding the above, whenever an animal causes severe injury to any human being, the police officer or Animal Control Officer shall impound the animal pending a hearing by the Commission. In this Section, severe injury means any physical injury from single or multiple bite(s) resulting in broken bones, serious disfigurement, serious impairment of health, serious impairment of a bodily function, or requiring multiple sutures or cosmetic surgery.

Whenever an animal has been impounded pursuant to this Section, the owner shall be notified within forty-eight (48) hours of the impoundment of a right to a preliminary hearing. The preliminary hearing shall be scheduled within seventy-two (72) hours of a written request by the owner. This preliminary hearing may be conducted by a hearing officer designated by the Commission and shall be for the sole purpose of determining whether the owner of the animal is capable of restraining the animal from attacking, biting or injuring any human being or other animal until it can be determined at a hearing conducted by the Animal Control Commission whether the animal is dangerous.

If it is determined that the alleged dangerous animal may be returned to the custody of the owner until the scheduled full hearing, the Commission may impose such requirements of conditions as are deemed necessary to restrain the animal and the owner shall be required to pay the costs and maintenance expenses incurred during the time that the animal was impounded. Should the owner not adhere to conditions set forth by the Commission, the alleged dangerous animal shall be immediately impounded and remain in the custody of the County pending the outcome of the full hearing.

If the Commission determines that continuing impoundment is necessary, the owner shall be responsible for all costs and maintenance expenses incurred.

Any person who alleges that an animal is dangerous may file a complaint with the Animal Control Commission that states in clear language why the animal is dangerous. This complaint shall identify where the animal is located and describe the animal which is the subject of the complaint. The Administrator shall investigate the complaint and may impound the animal in accordance with this Section.

The Commission shall conduct a public hearing upon the question of whether the animal is a dangerous animal in accordance with the provisions of Section 3-110 of this Subtitle.

If the Commission, upon the evidence before it, finds that the animal complained of is in fact a dangerous animal, as defined in Subsection (a), above, and Section 3-101(32), the Commission may direct the owner or custodian of the dangerous animal to confine the animal and to abate its danger to the public in accordance with Section 3-137 herein, or require the owner or custodian of the dangerous animal to surrender the animal to the County and authorize the Administrator to destroy the animal.

The Administrator shall maintain a record of all known dangerous animals in Prince George's County.

If any animal shall be found at large or running at large by an Animal Control Officer or police officer and, in the judgment of the Animal Control Officer or police officer, such animal is dangerous, and cannot be taken up or tranquilized and impounded, such animal may be slain by the Animal Control Officer or police officer.

The Administrator 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 unless the Administrator finds the action is safe.

One or more of the following shall be required as deemed appropriate under the circumstances, and as deemed necessary for the protection of the public or other animals for an animal declared as dangerous:

The owner of the animal shall be held strictly liable for any violation of this Section and for any damages caused hereby.

If after two (2) years of being declared dangerous, there have been no further issues with the animal, the owner can petition the Commission to have the designation and the requirements lifted.

The dangerous animal as evidenced by aggravating circumstances, or by previous unjustified attacks on a person or animal sustaining serious injury or death, shall become the property of Prince George's County.

The owner of a dangerous animal may be banned from owning, possessing, or caring for animals for up to five (5) years subject to the right to petition the Board for a waiver based on good cause shown.

No person owning, keeping, or having custody of an animal, except a service animal, shall allow or permit excrement of such animal to remain on public property, including streets as defined in Section 1-102(a)(34).

No person shall allow defecating on private property without the consent of the owner or occupant thereof.

The person owning, keeping, or having custody of the animal shall immediately remove the excrement deposited by the animal.

Stray dogs, cats, and other animals for which ownership cannot readily be established shall automatically become the property of Prince George's County, Maryland, and shall fall subject to the provisions of Section 3-129 herein.

Any stray animal found by any individual shall forthwith be delivered to the Animal Services and Adoption Center or to an Animal Control Officer.

All unwanted animals received by the Animal Services and Adoption Center shall be processed under and shall be subject to the provisions of Section 3-122 of this Subtitle.

No person shall harbor or hold for reward or procure a license for a dog or other animal which has strayed upon his premises or which has been taken into custody on a public street, highway, or other public place unaccompanied by its owner or custodian or which has been stolen from its owner. Nothing in this Subsection shall be construed to prohibit any person from taking custody of a stray animal for purposes of delivering it to the Animal Services and Adoption Center.

No person except an Animal Control Officer or law enforcement officer acting in the course of his duties shall intentionally entice, take, or carry away any companion animal or other animal without the owner's consent.

Except as provided in Section 3-123, any person who steals, entices, takes, or carries away any animal, the property of another, without the owner's consent and with the intent to deprive the owner permanently of his or her property in such animal shall be guilty of the crime of theft. Upon conviction, he or she may be punished in the same manner and to the same extent as if the animal were the personal goods of the owner.

Every person convicted of a violation of Subsection (b) shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed Five Hundred Dollars ($500.00) and to a term of imprisonment not to exceed ninety (90) days, or both. One-half of any such fine shall be remitted to the owner of such animal.

An owner or custodian shall be declared to be an irresponsible owner if:

An irresponsible owner may be banned from owning, possessing, or caring for animals for up to five (5) years subject to the right to petition the Board for a waiver based on good cause shown.

The Commission may mandate dangerous animal restrictions for any violations of this Section.

Nothing in this Division shall be construed to exempt any animal owner or custodian from compliance of the requirements for responsible animal ownership. An animal owner or custodian found guilty of provisions of this Division shall be declared to be an irresponsible owner.

The owner or custodian of an animal may not deposit or leave such animal upon its death on public or private property. If a dog, cat, or ferret has a history of a bite or nonbite exposure to a human within ten (10) days prior to its death, it must be tested for rabies. Each dead animal shall be promptly disposed of by cremation, in accordance with applicable local, state, and federal regulations, burial, or other sanitary means so long as there has been no human bite or nonbite exposure.

The Administrator, upon request of any person, shall pick up dead dogs, cats, and other small domestic animals for disposal for a fee not to exceed the actual cost of such pickup and disposal.

In addition to other assigned duties, agents of the Administrator shall collect all dead animals found on County-owned property or highways and the Administrator shall be authorized to dispose of such carcasses.

A ferret, dog, or cat which is four (4) months of age or older shall be licensed by the owner as herein provided.

The licensing requirement of this Subdivision shall not apply to any animal belonging to a nonresident of the County and kept within the boundaries of the County for not longer than thirty (30) days. All such animals shall, at the time of entry into the County, be properly vaccinated against rabies and, while kept within the County, shall meet all other requirements of this Subtitle.

Application for license shall be made to the Department. The license fee shall be Twenty-Five Dollars ($25.00) per year for all ferrets, dogs, and cats. The license fee may be collected for a multi-year period. The license fee shall be reduced to Ten Dollars ($10.00) where there is proof that the animal has been spayed or neutered or where the Administrator, in the Administrator's sole discretion, has determined that the animal cannot be spayed or neutered because of size, age, or other physical condition. The license fee shall be reduced to Five Dollars ($5.00) where there is proof that a dog is under training in a recognized program to provide assistance dog guides, provided that if the dog is removed from training, the license fee shall be Twenty-Five Dollars ($25.00) per year.

The application for a ferret, dog, or cat license shall state the name and address of the owner, and the name, breed, color, age, and sex of the animal and rabies vaccination information.

A valid certificate of rabies inoculation or other evidence of vaccination issued by a licensed veterinarian or antirabies clinic recognized by the Administrator shall accompany the application.

The requirement of a rabies certificate being presented with the application may be postponed ten (10) days from the recovery of the ferret, dog, or cat from an illness or injury if the application is accompanied by the certificate of a licensed veterinarian stating that the condition of the ferret, dog, or cat is such that inoculation would be detrimental to its health. During the period of postponement, the ferret, dog, or cat shall be confined within a building or secure enclosure.

Whenever it comes to the attention of the Administrator that a ferret, dog, or cat is unlicensed, the Administrator may contact the owner of the animal and require the owner to make application for a license and require the owner to pay the required license fee. If the owner refuses to obtain a license or procure immunization for his animal, the Administrator may make demand upon the owner to surrender the animal for humane disposition. If the owner refuses to surrender the animal, the Administrator shall refer the matter to the Office of Law. The Office of Law may seek equitable relief in an appropriate court, including, but not limited to, a mandatory injunction requiring the owner of the animal either to have his animal immunized and obtain the required pet license or to surrender the animal for humane disposition.

An owner shall apply for a license within ten (10) days after a ferret, dog, or cat becomes four (4) months of age.

Any person moving into, and establishing a residence in, the County with a ferret, dog, or cat must apply for licenses for each ferret, dog, or cat within thirty (30) days of establishing residence.

Reserved.

Notwithstanding any other provision of this Division, the Director may, establish a systematic method for administering the renewal of licenses under this Division, including, but not limited to, establishing staggered renewal dates for existing licenses and prorating license fees based on such renewal dates. In no event shall the Director restrict the right of a licensee, under any initial license issued in accordance with the provisions of this Division, to an initial term of less than one (1) year from the date of issuance;

Failure to make timely application for an initial license as stated in Subsections (a) and (b), above, or for renewal of a license shall result in the assessment of a penalty of Three Dollars and fifty cents ($3.50).

Upon payment of a ferret, dog or cat license fee, a numbered license tag shall be issued to the owner, which shall bear the name of the County.

The license tag shall be securely fastened to each dog's collar or harness, which shall be worn by the dog at all times unless the dog is engaged in supervised hunting, exhibition, or other sport where a collar would endanger the dog's safety or adversely affect its hunting, exhibition, or sport purpose.

Any dog not wearing a license tag shall prima facie be deemed to be unlicensed. Under this Subtitle the burden of proof of the fact that such dog has been licensed or is not required to wear a tag shall be on the owner or custodian of the dog.

A replacement metal license tag to replace a lost tag shall be issued to the owner of the ferret, dog, or cat upon application to the Department and the payment of a fee of One Dollar ($1.00).

No person may keep or harbor five (5) or more animals over the age of four (4) months, that require a County license, without first obtaining an animal hobby permit as provided herein. Except as provided herein, no household may keep, harbor, or foster five (5) companion animals, with a limit of ten (10) over the age of four (4) months without first obtaining an animal hobby permit as set forth in Section 3-148.02.

Any household keeping, harboring, or fostering more than ten (10) animals prior to the effective date of this law may continue to harbor, foster, or keep such animals as are in existence. Said household cannot replace existing animals beyond the number allowed in Subsection (a), above.

This Section shall not apply to a licensed animal holding facility, a licensed veterinary hospital, a circus or travelling exhibition, or the keeping of farm animals, fish, or birds.

Application for an animal hobby permit shall be made to the Department on forms prescribed by the Director. The annual fee shall be Five Dollars ($5.00).

The permit shall be valid for one year from the date of issue. Application for a permit must be made within thirty (30) days of acquiring five (5) or more animals as set forth in Section 3-148.01, or within thirty (30) days of establishing a residence in the County with five (5) or more animals as set forth in Section 3-148.01.

No permit shall be issued unless:

An Animal Control Officer shall inspect for compliance with Subsection 3-148.02(c), above, before any animal hobby permit shall be issued.

The permit shall be issued for the address and owner listed on the application and shall not be transferable to any other address or owner.

Any group or organization which provides temporary holding, care, and treatment for a companion animal pending permanent adoption may apply for an animal foster care permit. The requirements are:

Failure to obtain an animal hobby or foster care permit as required in Sections 3-148.01 and 3-148.03 shall result in a fine of One Hundred Dollars ($100.00) for the first offense, Five Hundred Dollars ($500.00) for the second offense, and One Thousand Dollars ($1,000.00) for each subsequent offense in a two (2) year period.

The Department shall deny any application for an animal hobby or foster care permit if the Administrator determines that the applicant is in violation of the standards herein.

The Director may revoke the animal hobby or foster care permit if the Director determines that the owner or custodian is in violation of the standards herein.

The Director shall give written notice of denial or revocation of an animal hobby or foster care permit to the applicant or permittee at the address shown on the permit application. The notice shall set forth the reasons for the denial or revocation.

The denial or revocation shall be effective on the date set forth therein.

The decision to deny or revoke an animal hobby or foster care permit may be appealed to the Commission for Animal Control within ten (10) days of the date of the letter of denial or revocation. Any such appeal shall be governed by Sections 3-110 and 3-111 of this Subtitle.

Any animals found to be maintained in violation of the standards set forth herein may be subject to impoundment by the County.

Every person required to obtain and hold an animal holding center license shall make application for an animal holding center license to the Department upon forms prescribed by the Director. The application shall be accompanied by an annual license fee as prescribed herein. A Use and Occupancy permit is required for each animal holding center.

The applicant for an animal holding facility license shall make his application to the Department upon a form prescribed by the Director. The application shall be signed by the proprietor, if an individual, or by the president or vice president, if a corporation, or by a general partner, if a partnership. The application shall state the name and address of the individual applicant; name, location, and the business address of the animal holding facility; the name and home and business address of the manager or operator of the facility; the name and regular business address of the applicant; and the species and number of animals to be housed in the animal holding facility. The application shall also specify the type or types of animal holding facility for which a license is sought. The Administrator may promulgate regulations requiring additional information in the application.

A combined license may be obtained when a person desires to operate more than one type of animal holding facility at the same location. The applicant for a combined license shall be required to meet the standards for each type of facility and shall pay a combined fee which shall be:

The Administrator shall inspect the applicant's establishment and determine whether it is in satisfactory condition and properly operated under the provisions of this Subtitle. The Administrator shall determine the species which may be housed or held in the center. The Administrator shall issue regulations setting forth standards and criteria for determining the maximum number of animals of different type or species to be maintained in an animal holding center.

The Administrator shall conduct additional unannounced inspections of animal holding facilities in the County during regular business hours to insure compliance by the facilities with the requirements of this Subtitle and the regulations promulgated by the Administrator.

The Administrator shall request the assistance of the Health Officer in making determinations when appropriate.

If reinspection is required due to the applicant's failure to comply with provisions of this Subtitle or other regulations, the applicant shall be charged Ten Dollars ($10.00) upon the first reinspection and Twenty-five Dollars ($25.00)for any subsequent reinspection.

Animal holding center licenses are not transferable. The new owner or operator of the animal holding center shall make application to the Department pursuant to this Subdivision.

The Director may issue a temporary license to the new owner or operator of an existing animal holding center to permit its continuing operation pending the Director's decision on the license application.

The temporary license may be issued, provided:

The temporary license shall be valid until the Director's decision is rendered on the application for the regular license. Issuance of the temporary license does not bar a decision by the Director to deny the application pursuant to Section 3-155(a).

The Director shall deny any application for an animal holding center license if the Administrator or the Health Officer determines that the applicant's establishment is in violation of the general standards or specific standards prescribed herein.

The Director may suspend or revoke the animal holding facility license of any licensee if he determines that the licensee's establishment is in violation of, or is not operated in accordance with, the general standards prescribed below or the specific standards applicable to the licensee's animal holding facility.

The Director shall give written notice of the denial, suspension, or revocation of an animal holding facility to the licensee at the address shown upon the animal holding facility license certificate. The notice shall specify in detail the facts from which the Director determines that the licensee's establishment is in violation of this Subtitle.

The denial, suspension, or revocation of an animal holding facility license shall be effective on the date set forth therein, which effective date shall be not sooner than fifteen (15) days after the date of the written notice to the licensee.

The decision of the Director to deny, suspend, or revoke an animal holding facility license shall be final, except as provided in Section 3-156.

The decision of the Director to deny, suspend, or revoke an animal holding facility license may be appealed by the applicant or licensee to the Board of Administrative Appeals.

The applicant or licensee must give written notice of its appeal to the Board of Administrative Appeals within thirty (30) days from the date of the written notice of the decision to deny, suspend, or revoke the license.

The filing of an appeal shall not negate the effectiveness of the Director's decision unless and until the Director's disposition is reversed on appeal.

An appeal of a decision to suspend or deny the renewal of or to revoke a license shall suspend the operation of that decision.

The Board of Administrative Appeals shall conduct a public hearing. In appeals from a denial of a license, the applicant shall have the burden of proof to establish his entitlement to a license. In an appeal from the suspension, revocation, or denial of renewal of a license, the Department shall have the burden of proof to establish by preponderance of the evidence that the suspension, revocation, or denial of renewal was correct. The Board of Administrative Appeals shall decide only whether the action of the Director was supported by substantial evidence. The applicant or licensee shall have the opportunity to present evidence, to cross-examine witnesses for the Department, and may be represented by an attorney at any hearing. Failure on the part of the applicant or the licensee to appear for the hearing shall be deemed a waiver of the right to a hearing.

All animal holding facilities shall provide the following in consideration of the species, age, condition, weight, and size, for each animal housed or kept in the center:

Animal holding facilities shall also provide for any and all other requirements and standards as specified in this Subdivision for the particular type of center.

Any animal in an animal holding facility which is injured or which shows signs of illness or symptoms of contagious disease shall be immediately isolated in such manner as to prevent the spread of such illness or disease to other animals or to prevent the exacerbation of any injury.

All sick, diseased, or injured animals in an animal holding facility shall be provided immediate veterinary care by a doctor of veterinary medicine licensed to practice in the State of Maryland or under the supervision of such licensed veterinarian.

Cages, crates, enclosures, or other areas in which animals have been housed or held shall be decontaminated before being used by another animal.

No animal that is ill or diseased, shows visible evidence of any current illness or disease, or is injured in any way may be sold, exhibited in a petting zoo, used as a guard dog or for guard dog training, or used or exhibited for equestrian training or show.

No person may operate a kennel without first obtaining a kennel license. Research facilities wherein bona fide medical or other scientific research (including, but not limited to, dental, pharmaceutical and biological research) is being conducted and other animal holding establishments which are licensed by Federal law or operated by agencies or contractors of the United States, the State of Maryland or of any Maryland local government are excluded from the kennel licensing requirements of this Subtitle.

The applicant shall pay an annual kennel license fee as follows:

The holder of a commercial kennel license shall make and retain for one year records of the names and addresses of persons who board, buy, or otherwise receive dogs from the kennel.

No person shall train, own or keep any dog to be used as a guard dog without obtaining a guard dog license for each location where a guard dog is kept. This Section shall not apply to governmental agencies.

The application for the guard dog license shall state:

The fee for a guard dog license shall be Fifty Dollars ($50.00) per year. The license fee shall be in addition to any kennel license fee required under this Subtitle.

No person may operate a pet shop without first obtaining a pet shop license as provided herein.

The holder of a pet shop license shall make and retain for one year records of the names and addresses of persons who buy or otherwise receive ferrets, dogs, or cats from the pet shop.

The annual license fee for a pet shop shall be Three Hundred Dollars ($300.00).

A person may not operate a petting zoo without first obtaining a petting zoo license as provided herein.

A petting zoo license must be obtained thirty (30) days prior to the petting zoo operating in the County regardless of the length of time of operation, i.e. for one hour, one day, one week, etc.

The application for a petting zoo license shall be accompanied by a site plan of the petting zoo, showing all cages/crates, enclosures, security fences and other arrangements for public security and animal care and feeding.

The petting zoo license fee shall be One Hundred Fifty Dollars ($150.00). The petting zoo license shall be valid for the time(s) and date(s) stated in the application but in no event shall a petting zoo license be valid for a period in excess of one calendar year.

No person may operate a cattery without first obtaining a cattery license as provided herein.

The annual fee for a cattery license shall be as follows:

No person may operate a riding school or commercial stable without first having obtained a riding school and stable license as provided herein.

This Section shall not apply to any private stable wherein the owner houses or stables only his own horses.

The annual fee for a riding school and stable license shall be as follows:

No person may operate a commercial pet distribution facility, without first obtaining a commercial pet distribution facility license.

Commercial pet distribution facility means a commercial establishment where animals are held for sale at wholesale or for distribution to other commercial establishments or users, sellers, or consumers of animals other than private pet owners or to zoological parks, aviaries, or aquariums.

The annual fee for a commercial pet distribution facility license shall be as follows:

No person may operate a grooming establishment without first obtaining a grooming establishment license as provided herein.

The annual fee for a grooming establishment license shall be Fifty Dollars ($50.00) and the establishment is authorized to hold up to fifty (50) animals for the day (12 hour period).

All kennels and catteries shall provide for each dog or cat:

Where the holder of a kennel or cattery license is engaged in breeding of more than one (1) litter per year and/or the buying and selling of dogs and/or cats, the standards for pet shops and commercial pet distribution facilities, as prescribed in Section 3-170, shall apply to those animals being bred or held for sale, exchange, or purchase.

All owners or trainers of guard dogs shall, in addition to the requirements provided in Section 3-168, comply with, but are not limited to, the standards of this Section whenever any dog is to be trained or used as a guard dog. Failure to comply with these standards shall be grounds for denial or revocation of the license.

Dogs being trained or used as guard dogs must be able to demonstrate obedience training, but they shall not be subjected to cruel or inhumane treatment prohibited by State law or this Subtitle.

Guard dogs must be under the control of a responsible adult handler when they are being trained or utilized.

Kennel, training, and work site areas for guard dogs must meet the following requirements;

Guard dogs may not be allowed in any area to which the public has access unless they are securely restrained, humanely muzzled, and under the control of an adult handler.

A pet shop or commercial pet distribution facility receiving animals from a common carrier shall take delivery and physical possession of those animals within four (4) hours after notification by the carrier that the animal has arrived at the carrier's point of delivery.

No sick animals may be sold or further transferred in the course of commercial distribution until transfer is approved by a veterinarian. All animals and birds received by a pet shop or commercial pet distribution center shall be isolated until they can be examined. The examination shall be conducted in an area separate and apart from the housing or display area provided for other animals. Any bird or animal exhibiting illness, disease, or a present crippling deformity must be provided with immediate and proper care and treatment by a licensed veterinarian.

Animals with only present crippling deformities or noncontagious health problems may be placed in an area with healthy animals or returned to the breeder, broker, or shipper. Animals with noncontagious diseases or present crippling deformities may be given away as pets if the recipient signs a written release indicating that the recipient is aware of the deformity or noncontagious disease and agrees to spay or neuter the animal at the appropriate age and releases the pet shop from responsibility for that condition. Animals with present crippling deformities or known noncontagious diseases may not be sold or displayed.

A pet shop or commercial pet distribution facility shall maintain healthy animals in an area separate and apart from diseased animals. Healthy animals shall be provided with a ventilation system designed and operated to prevent air from housing areas for diseased animals from reaching areas in which healthy animals are housed. The ventilation system shall provide a reasonably healthy method of air entry, circulation, and filtration, and the system shall condition the air to eliminate noxious substances and objectionable odors.

A pet shop or commercial pet distribution facility shall maintain under normal conditions a minimum temperature of 65 degrees F and maximum temperature of 75 degrees F on the premises, except for those animals which require higher temperatures. There shall be a visible working thermometer in the display window where animals are shown and any area where animals are being kept.

A pet shop or commercial pet distribution facility shall have all canines and felines on the premises examined by a veterinarian every fourteen (14) days for compliance with Section 3-159 and appropriate records signed by the attending veterinarian. All animals shall be checked daily for signs of illness.

In every pet shop or commercial pet distribution facility, all canines shall have received distemper, parvovirus, hepatitis, and leptospirosis inoculations as required by applicable law or regulation prior to shipping, or prior to display upon receipt by the pet or commercial distribution facility after consultation with the attending veterinarian. Felines shall have received vaccine inoculations with FVRCP as required by applicable law or regulation prior to shipping, or prior to display upon receipt by the pet or commercial distribution facility after consultation with the attending veterinarian. The pet shop or distribution facility shall have canines checked for worms on a routine basis and wormed if necessary. This Subsection does not permit a pet shop or commercial pet distribution facility to accept, sell, or display a dog or cat younger than eight (8) weeks of age.

All ill animals, maimed animals, and animals with present crippling deformities shall be under the care of a veterinarian at the expense of the pet shop or distribution facility until they are permanently cured, humanely destroyed, or properly given away. Any animal certified by a veterinarian to be healthy may be transferred or sold.

The pet shop shall maintain an accurate individual history and health record for each dog or cat and lot records for birds. The records shall contain the name of the pet shop; a full description of the animal; the name and address of the person from whom the animal was obtained and the federal dealer identification number, if available; the date of the animal's entry into the State of Maryland; the animal's date of birth; the name and address of the breeder; the name and address of the broker; the name and address of the shipper; a record of all vaccines administered to the animal and the date of administration; a record of any disease of the animal observed while in the possession of the pet shop, including, but not limited to, symptoms of illness, diagnosed illness, treatment, medication, and prognosis, if known; and the date of sale or other disposition.

The pet shop shall maintain a record of sale for each bird in conformance with the requirements of the Department of Health.

All cages must meet the following requirements:

All areas of confinement, display, storage, and sales shall be maintained in a rodent-free, vermin-free, and sanitary condition. These areas shall be cleaned and disinfected regularly as conditions warrant. All cages shall be cleaned and disinfected daily. Feed and water dishes shall be emptied and sanitized at least once daily. No animal is permitted to be maintained in an area being cleaned until this process is completed and the area is dry. Sipper tube water bottles, if used, shall be kept clean and sanitized regularly and kept free of dirt, debris, and algae.

At least one (1) sink or tub equipped with both hot and cold running water shall be provided within the building in a location easily accessible to the areas where animals are housed. All wastes or sewage shall be discharged to a Health Department approved waste disposal system. Floors shall be smooth and easily cleanable and kept in a clean, safe, and sanitary condition. Where flooding or steaming methods are employed for cleaning floors, proper means shall be provided for removal of waste water. Water shall not be permitted to pool under equipment, partitions, animal enclosures, or other places within the building. Any animal enclosure which is subject to waste water runoff after cleaning or subject to the influence of weather shall be connected to an approved waste water disposal system.

A pet shop may not confine or display animals of different species in the same cage or enclosure, except that fish, birds, and nonpoisonous reptiles of different but compatible species may be displayed or confined in the same tank or cage.

A pet shop shall not display any animal in a manner that is detrimental to the health or well-being of that animal. The management of the pet shop shall give proper instruction on the handling of an animal.

No more than one (1) adult dog or cat may be confined in the same cage. Young animals may not be confined or displayed in the same cage with adult animals. Pugnacious or dangerous animals shall be isolated from other animals. Dogs shall be taken from cages and allowed to exercise at least twice daily, including Sundays and holidays. Dogs and cats under the age of eight (8) weeks may not be displayed or offered for sale.

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, the fish tank shall be equipped with an efficient circulating pump, filter, thermometer, and light for the emission of heat. Fish tanks shall be kept in a sanitary condition at all times.

Each bird cage housing small-sized birds up to and including doves, cockatiels, and love birds shall contain at least two (2) horizontal perches and provide sufficient perch space for every bird confined therein; and one-third (1/3) of the perch space is to be vacant at all times. If a perch is detrimental to the health of a particular species, then the perch is to be omitted from the cage in which that species is confined. In addition to bird seed and water, each bird cage shall contain an amount of fresh gravel, where appropriate and needed for digestion, sufficient for the number of birds confined therein. Parrots and other large bird species shall have sufficient cage space or sufficient T-stand perch space. They shall not be confined or displayed in a cage with smaller birds.

Hand washing facilities for the public shall be provided.

Cages, crates and enclosures shall provide proper space to allow each animal to move around with ease. Cages, crates and enclosures shall be maintained at all times in a sanitary condition, with sufficient clean and dry bedding to prevent offensive odors.

Animals shall be provided proper water at all times.

Animals shall be provided with proper food.

Animals shall be provided with proper air and healthful temperatures for every species. Access to proper shelter and protection from the weather must be available at all times.

A proper number of attendants shall be on the premises during the hours the zoo is open to the public in order to provide proper supervision.

Hand washing facilities for the public shall be provided.

All riding schools and stables shall comply with the minimum standards of this Section.

All animals shall be provided with daily food and water which shall be wholesome, palatable and of sufficient quantity and nutritional value to meet the normal daily requirements for the condition and size of the animal. The food shall be free of any contamination.

All horses, ponies, donkeys, mules, and other livestock shall have an enclosure with at least three (3) solid walls and a solid roof. All buildings and sheds used for the stabling of animals shall be well lighted and ventilated and provide protection from extremes of weather.

All buildings and sheds used for stabling animals shall be kept clean and in good repair at all times and manure shall be removed therefrom daily.

Stacked manure piles shall not be allowed to stand for a period in excess of four (4) days except when conditions of ice and/or snow prohibit its removal, and in all instances must be kept at least fifty (50) feet from a building or shed housing animals.

Any enclosure where animals are kept shall be graded and drained to prevent pooling of water. No garbage, fecal matter, or other similar matter shall be placed or allowed to remain in any stable or enclosure. No open drain is permitted to run through any stable or enclosure.

The owner and operator of the stable shall be responsible for taking steps to suppress internal parasites, flies, and other insects attracted to the stable site.

Enclosures, cages/crates, and/or exercise areas shall be maintained in a sanitary condition which shall provide proper air, a healthful temperature, and proper shelter and protection against extreme weather.

All areas of confinement, display, storage, and sales shall be maintained in a rodent-free, vermin-free, and sanitary condition. These areas shall be cleaned and disinfected regularly as conditions warrant.

At least one (1) sink or tub equipped with both hot and cold running water shall be provided within the building in a location easily accessible to the areas where animals are housed. All wastes or sewage shall be discharged to a Health Department approved waste disposal system. Floors shall be smooth and easily cleanable and kept in a clean, safe, and sanitary condition. Where flooding or steaming methods are employed for cleaning floors, proper means shall be provided for removal of waste water. Water shall not be permitted to pool under equipment, partitions, animal enclosures, or other places within the building. Any animal enclosure which is subject to waste water runoff after cleaning or subject to the influence of weather shall be connected to an approved waste water disposal system.

No animal may be held for more than one (1) hour without having access to water in a secured container.

No animal may be retained overnight in a grooming establishment unless the facility is also licensed as a kennel.

No person shall keep or permit to be kept on his premises any unlicensed wild, exotic, or dangerous animal either as a pet, for breeding, for sale, or for display or exhibition purposes, whether gratuitously or for a fee, except as otherwise provided herein.

No person shall keep or permit to be kept on his premises any poisonous snake, poisonous reptile, or other poisonous or venomous animal either as a pet, for breeding, or for display or exhibition purposes, whether gratuitously or for a fee, except as otherwise provided herein.

No person shall keep or permit to be kept on his premises any ground hog, skunk, raccoon, opossum, fox, bear, wolf, other native wildlife, or member of the cat family other than the domestic cat either as a pet, for breeding purposes, for sale, or for display or exhibition purposes, whether gratuitously or for a fee, except as otherwise provided herein.

The Director shall prescribe regulations to insure the safe penning or caging of wild or exotic animals or reptiles in order to prevent threats to the public health or the creation of public nuisances.

The Director shall issue a permit for the keeping or displaying of any exotic or wild animal upon inspection and under the conditions established by the Administrator. Denial of the permit may be appealed to the Commission.

The license fee for a wild and exotic animal display license shall be Two Hundred Dollars ($200.00).

The Administrator shall prepare an adoption contract to be used in connection with the adoption of any animal by any person from the County. The adoption contract shall set forth the obligations of an adopter for the proper care, including veterinary care and neutering or spaying, feeding, maintenance, and disposition of any adopted animal.

The Administrator shall permit the adoption of an animal in its custody only upon the following conditions:

The adopter, if permitted to adopt an animal, shall have the right to possess the animal subject to the requirements of the adoption contract and of this Subtitle. If at any time after the adoption of the animal the Administrator finds that the adopter has violated the provisions of the adoption contract or of this Subtitle with respect to the adopted animal, the adopter may be counseled in an effort to secure compliance, or, in the discretion of the Administrator, required to surrender the animal to the custody of the County.

No person who adopts an animal from the County shall sell, make a gift of, transfer, destroy, or otherwise dispose of the animal without the prior written permission of the Administrator.

The Office of Law may bring legal or equitable actions, including actions for mandatory or prohibitive injunctions, to enforce any adoption contract.

All animals are protected against cruelty or neglect as defined in Sections 3-101(31) and 3-101(53) of this Subtitle. No animal shall be overdriven, overloaded, deprived of necessary sustenance, tortured, tormented, mutilated, cruelly beaten, or otherwise physically, psychologically, emotionally or sexually abused or cruelly killed. In addition, all domestic animals except livestock are prohibited from being kept outdoors when the effective outdoor wind chill index is 32 degrees Fahrenheit or lower, or the heat index is 90 degrees Fahrenheit or higher, as determined by the National Weather Service. Any person who causes, procures, or authorizes these acts; or who, having the charge or custody of an animal as an owner or otherwise, inflicts unnecessary suffering or pain upon the animal; or who unnecessarily fails to provide the animal with proper nutritious food, water, air, space, shelter and protection from the weather, timely and proper veterinary care or any other elements of proper care as defined in Sections 3-101(a)(65) through (a)(77) shall be charged in accordance with the provisions of Subsection (b) below. Any person who fails to employ the most humane method possible for activities such as food processing, pest elimination, hunting, experimentation, and animal training shall be charged in accordance with the provisions of Subsection (b) below. Each act or omission in violation of this Section shall constitute a separate offense.

Whenever it becomes necessary to protect an animal from cruelty or neglect, any police officer or Animal Control Officer may take possession of the animal. If an animal is impounded, yarded, or confined and continues without the provisions of the elements of proper care, or is cruelly treated or neglected, any police officer or Animal Control Officer may enter into and upon any place in which the animal is impounded, yarded, or confined and supply the animal with proper care as long as the animal remains there; or, if necessary for the health and/or safety of the animal, the officer may remove the animal and not be liable to any action for that entry or for taking possession of the animal. Upon impoundment, the officer taking possession of the animal must leave written notification of the officer's action and of any administrative remedies which may be available. The notification shall inform the owner or custodian of their right to file, within ten (10) days of receiving notice, a petition in writing with the Commission for Animal Control (CAC) for the return of the animal. If the owner or custodian fails to file the petition within the prescribed time period, or if the owner or custodian is unknown and cannot with reasonable effort be ascertained for a period of twenty (20) days, the animal shall become the property of Prince George's County. Nothing in this Section shall be construed to permit the entry into a private dwelling or to permit the taking of a farm animal without first having obtained the recommendation of a veterinarian. When a violation under this Section has occurred, the police officer or Animal Control Officer shall employ one of the following:

Any person charged under Subsections (b)(3), (b)(4), or (b)(5) of this Section shall immediately surrender all animals in ownership or custodianship to the Animal Services Division of the Prince George's County Department of the Environment. If an appeal is filed, the animal(s) shall either be maintained or euthanized at the owner or custodian's expense by the Animal Services Division. It shall be unlawful for any person found guilty of cruelty under this Section to have ownership or custodianship of any animal for a period of five (5) years or more from the date of determination. Upon a finding of guilt and/or the exhaustion of all appeals, the surrendered animal(s) shall become the property of Prince George's County and may be disposed of by adoption or euthanasia.

Any police officer shall, upon his or her own view of any misdemeanor in relation to cruelty to animals, make arrests or apply for a charging document permitting the arrest of offenders believed to have violated the ordinance of this County regarding cruelty to animals. Any Animal Control Officer or other person shall, upon his or her own view of any misdemeanor in relation to cruelty to animals, apply for a charging document permitting the arrest of offenders believed to have violated the ordinance of this County regarding cruelty to animals.

It shall be unlawful for any person to shoot, wound, or kill animals on a canned hunting preserve, game ranch or canned shoot, or otherwise to hunt in an artificial manner.

No person shall instigate, promote, aid or abet as a principal, agent, employee, participant or spectator, or participate in the earnings from, or to maintain or allow any place to be used for the shooting, wounding, or killing with a firearm or any deadly weapon, any animal that is:

No person shall tranquilize, artificially lure by sound, scent, visual stimuli, feeding, bait, use other animals of the targeted animal's own species, or another species, or any other method, within an enclosed area. This Section does not prohibit the natural hunting of native species as permitted by State law.

It shall be unlawful for a person to use a chain, rope, tether, leash, cable, or other device to attach a dog to a stationary object or trolley system. This prohibition shall not apply to temporary restraining for a reasonable amount of time, not to exceed one hour and/or during a lawful animal event, such as walking on a leash, veterinary treatment, grooming, training, or law enforcement activity, or if the dog's owner or handler remains with the dog throughout the period of restraint to ensure that cruel or nuisance conditions do not occur.

It shall be unlawful to restrain a dog by a leash that is not attached to a properly fitted collar or harness worn by the dog.

It shall be unlawful to wrap a leash around a dog's neck.

It shall be unlawful to restrain a dog with a chain or tether that weighs more than 1/18 of the dog's body weight.

It shall be unlawful to use a leash or tether to restrain a dog that is, by design and placement, likely to become entangled.

Violations of this Section will be subject to a written warning for the first offense. Subsequent offenses shall be subject to civil penalties as set forth in Section 3-116.

The owner of a dog identified as potentially dangerous shall establish to the satisfaction of the Administrator that:

Failure to establish the above criteria to the satisfaction of the Administrator, shall result in immediate impoundment, if the subject animal is not already in the possession of the County. If the dog is impounded, the owner may appeal the Administrator's decision regarding any of their recommendations within ten days of receiving notice if they do not agree. They may file a written petition with the Commission for Animal Control for return of the animal.

If after two (2) years of being declared potentially dangerous, there have been no further issues with the animal, the owner can petition the Commission to have the designation and the requirements lifted.

No person shall sell, offer for sale, raffle, barter, or give away baby chickens (chicks), ducklings or other fowl under four (4) weeks of age in lots of less than one dozen, or rabbits under six (6) weeks of age, or any unweaned mammalian companion animals including said animals under the age of eight (8) weeks as prohibited by State law; or color, dye, stain, or change the natural color of baby chickens, ducklings, other fowl, or rabbits; or bring or transport the same into the County. This Section shall not be construed to prohibit the sale or display of baby chickens, ducklings, other fowl, or rabbits in proper facilities that comply with rules of the Health Officer by breeders and those selling for commercial breeding and raising purposes.

Stores, shops, vendors, and others offering chicks, ducklings, or other fowl for sale in lots of twelve (12) or more, or displaying chicks, ducklings, or other fowl to the public shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings, or other fowl in good health, and shall keep proper food and water available at all times.

No person shall give away any live animal, fish, or bird as:

Any person who violates the provisions of this Section is subject to the fine set forth in Section 3-116 of this Code, as well as confiscation of the animal(s) involved.

The provisions of this Section with regard to the giving away of animals do not apply to animals given away for agricultural purposes.

No persons shall sell or offer for sale pet turtles.

The sale or offer for sale of any turtle shall be presumed to be for purposes of a pet unless offered for sale or sold to food processors, zoos, or person having a known use of turtles other than for pets.

Any person already owning, keeping or harboring a Pit Bull Terrier within the County as of the effective date of this Act shall be exempt from the former Pit Bull Terrier ban subject to associated conditions, provisions and exemptions, as set forth in former Section 3-185.01 (a) through (d). No other provisions of this Act shall be grandfathered. All other provisions of this Act are prospective in effect.

The County shall implement a pilot program for Pit Bull Terriers owned, kept or harbored after the effective date of this Act, as provided below:

The Administrator shall be permitted to contact the owner at reasonable times, upon reasonable notice, and in a reasonable manner and inspect the Pit Bull Terrier and/or the premises where the Pit Bull Terrier is located to assess sanitary and health conditions and compliance with this Section.

Violation by an owner or keeper of the conditions of the breed-restricted permit may impact the permit and may result in other criminal or administrative penalties allowed by this Code. A person who fails to obtain a permit for a Pit Bull Terrier shall be fined $300. A person who violates the conditions of the permit as provided in the signed agreement shall be fined $300.

Nothing in this Section shall be construed in any manner as altering any owner or custodian's duties, responsibilities, and/or liabilities under this Subtitle.

The Administrator will collect, maintain, and review data and findings from inspections and violations and shall report findings to the County Council bimonthly.

No person shall own or harbor a ferret, dog, or cat over the age of four (4) months in the County without a valid rabies vaccination.

Persons bringing ferrets, dogs, and/or cats into the County shall have readily available, as proof of vaccination, a valid rabies certificate signed by a licensed veterinarian or issued by an approved governmental agency. Animals which do not qualify shall either be immediately removed from the County or be vaccinated by a licensed veterinarian.

A licensed veterinarian in the County who administers a rabies vaccine to a dog, cat, or ferret shall complete a rabies vaccination certificate. The original rabies vaccination certificate shall be given to the owner of each dog, cat, or ferret that receives a rabies vaccine. One (1) copy of the rabies vaccination certificate shall be retained by the licensed veterinarian. Copies of rabies vaccination certificates shall also be forwarded by veterinarians to the Animal Management Division. Veterinarians shall provide these copies to the Animal Management Division on a monthly basis.

Antirabies clinics will be operated by the Health Department. The Health Department is authorized to charge such reasonable fees as may be necessary to defray the actual costs of such service.

Any person administering rabies vaccination shall complete a Health Department vaccination certificate of rabies immunization on all animals immunized and shall furnish copies of the certificate to the Administrator of the Animal Services Division within sixty (60) days of the vaccination.

When a dog, cat, or ferret is presented to the Health Department for immunization at an antirabies clinic, personnel of the Animal Control Program shall ascertain whether the animal is licensed under this Subtitle. If the animal is unlicensed, the Administrator shall provide the owner with an application for the appropriate license.

A report of the circumstances of a person having a bite contact or nonbite contact with an animal shall be made promptly to the Police Department, the Health Department, or the Health Department's designee by anyone having personal knowledge of the incident. The police shall within twenty-four (24) hours notify the Administrator and the Health Officer of the details of the incident.

It shall be the duty of every physician, medical practitioner, or hospital attendant to report to the Police Department the names and addresses of persons treated for bite contact or nonbite contact with animals, together with such information as will be helpful in rabies control.

The Administrator shall confine any animal following a bite or nonbite contact with a human for clinical observation for a period of ten (10) consecutive calendar days. At the discretion of the Administrator and with the approval of the Health Officer, the confinement may occur on the premises of the animal's owner. The Administrator may issue such written orders to the owner with respect to the confinement of the animal as he finds necessary for the public safety. In the alternative, the animal may be confined at any animal shelter, veterinary hospital, or humane shelter at the owner's option and expense, subject to the approval of the Health Officer and the Administrator.

No person shall allow a confined animal to escape or be released from confinement. No person shall sell, give away, or otherwise dispose of such animal before the expiration of the ten (10) day confinement and observation period until the animal is examined by a licensed veterinarian or observed by the Administrator or the Administrator's designee. Nor shall any person remove said animal from Prince George's County during the confinement period without the Health Officer's written approval.

If the animal does not have a current valid rabies vaccination at the time of exposure, the owner must have the ferret, dog, or cat examined by a licensed veterinarian and vaccinated against rabies, at the owner's expense, immediately after the ten (10) day quarantine period.

If the animal has a current, valid rabies vaccination at the time of exposure, the owner must have the animal examined by a licensed veterinarian at the owner's expense or taken to the Prince George's County Animal Services Division immediately after the ten (10) day quarantine period, to verify that the animal is in good health. Proof of valid rabies vaccination must be shown at the time of post quarantine visit.

The owner of a quarantined animal must pay an examination fee of Ten Dollars ($10.00) upon the completion of a home visit by an Animal Control Officer.

Upon demand by the Administrator or the Health Officer, the owner of any animal which has had bite or nonbite contact with a human, or which is suspected of having been exposed to rabies, shall surrender such animal for supervised confinement. The expense of such confinement shall be borne by the owner. Payment of boarding fees and compliance with the licensing provisions of this Subtitle shall be prerequisites to the release of a confined animal to the owner.

If the owner of an animal which has had bite or nonbite contact with a human or which is suspected of having been exposed to rabies refuses to surrender the animal upon demand by the Administrator or the Health Officer, the County Attorney may petition a court for ex parte temporary and permanent mandatory injunctive relief to require the owner to surrender the animal for quarantine and observation.

When a rabies examination report indicates a positive diagnosis of rabies, either the State Secretary of Agriculture, the State Public Health Veterinarian or the Health Officer may impose a quarantine within any area of the County for a period of not less than sixty (60) days and for as long a period as deemed necessary.

When such a quarantine is effected, no domesticated animal shall be taken from confinement or be permitted in the streets or other public areas of the quarantine area, unless properly leashed and accompanied by an adult.

During such quarantine, any farm animal suspected of having been exposed to rabies may be quarantined by the State Public Health Veterinarian or the State Secretary of Agriculture. No quarantined farm animal may be removed from its place of residence without the written permission of the State Secretary of Agriculture or the State Public Health Veterinarian.

No unclaimed animal which has been impounded by reason of its being at large will be adopted from any animal shelter during the period of quarantine, except by special authorization of the State Public health Veterinarian or Health Officer.

If there are additional cases of rabies during the period of quarantine, the quarantine period may be extended for additional periods as established by the State Department of Health and Mental Hygiene or the Health Officer.

Notwithstanding the provisions in Section 3-191, no quarantine release fee shall be charged for animals taken to a veterinarian or to the facility for examination for release from quarantine.

If the owner or custodian of a ferret, dog, cat, cow, horse, sheep, or goat exposed to a rabid or suspected rabid animal can provide proof of a currently valid rabies vaccination as determined by the State Public Health Veterinarian, the Health Officer, or the Health Officer's designee, the animal shall be revaccinated and kept under restraint for forty-five (45) days or for such time as specified by the Public Health Veterinarian, the Health Officer, or the Health Officer's designee. 'Under restraint' means confined to a house, garage, escape-proof enclosure or building. An animal kept outside in a fenced yard shall not constitute 'under restraint'.

If the owner or custodian of any animal cannot provide proof of current vaccination against rabies, the animal shall be either humanely destroyed or immediately surrendered to the Animal Management Division of the Prince George's County Department of the Environment which will hold the animal for up to fifteen (15) days while quarantine arrangements are being made. Said animal must be held in strict isolation in a facility and in a manner approved by the State Public Health Veterinarian, the Health Officer, or the Health Officer's designee for a total of six (6) months following the exposure. The animal must be vaccinated one (1) month prior to release from isolation. All costs relating to this holding or isolation shall be borne by the owner or custodian of the animal. If the owner requests that the animal be held in strict isolation, then the Health Officer, the Health Officer's designee, or State Public Health Veterinarian may make inspections deemed necessary to assure that the animal is in strict isolation. If the isolation agreement is violated, the animal shall be humanely destroyed and tested for rabies unless an exception is made by the Health Officer, the Health Officer's designee, or the State Public Health Veterinarian based on special circumstances.

Except under the direction and supervision of the Health Officer or the Health Officer's designee, no person shall kill, or cause to be killed, any rabid animal, any animal which has had bite or nonbite contact with a human or any animal suspected of having been exposed to rabies.

No person shall remove such animal from the jurisdiction of the County without written permission from the State Public Health Veterinarian.

If there is a possibility of an animal's escape or of further bite or nonbite contact with the animal, the animal may be humanely destroyed and the Administrator shall be notified immediately.

The carcass of any dead animal exposed to rabies or suspected of being exposed to rabies shall, upon demand, be surrendered to the Administrator, the Health Officer, or the State Public Health Veterinarian.

The Administrator shall supervise the disposition of the carcass of any animal in his possession found to be infected with rabies or of any dead animal which he deems to be a health menace or a hazard to the public health and welfare.