Subdivision 3. Animal Control Regulations

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.