Division 3. Commission for Animal Control

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.