No person, other than the military or government law enforcement agencies, shall own, keep, harbor, or train attack dogs in this County. Attack dogs shall not be owned by commercial establishments or used for any commercial purpose.

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).

All animals adopted from the Animal Services and Adoption Center must be spayed or neutered prior to leaving the Animal Services and Adoption Center, unless prohibited by medical reasons. If medical reasons prohibit spay or neutering prior to leaving the Animal Services and Adoption Center, licensed veterinarian must give a date when the procedure can be performed. If subject animal leaves the center without being spayed or neutered, a certificate, signed by a licensed veterinarian, that spaying or neutering has been accomplished must be provided to the Administrator within fifteen (15) days of the date of spaying or neutering. Any extension of time must be requested in writing to the Administrator, stating the reason spaying or neutering has not been accomplished and the date upon which said action will be accomplished. The Administrator, in his discretion, may approve or deny the request for an extension. If the request is denied, then upon the expiration of forty-five (45) days from the date of adoption the animal must be immediately returned to the Animal Services Facility and Adoption Center.

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 proposed adopter must first complete and execute all adoption forms. The Administrator may visit the residence of the proposed adopter to determine the suitability of the adopter and the residence for the animal to be adopted. The Administrator may determine whether the proposed adopter and the residence are suitable. The proposed adopter shall pay all required fees and make any deposit required by the adoption contract to secure the adopter's obligations to have the animal inoculated, or spayed or neutered. 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.

The use of any land or building in Prince George's County, Maryland, for any purpose described in this Subtitle must comply with the provisions of Subtitle 27, Zoning, Prince George's County Code, as the same is amended from time to time. The grant of a license for the operation of any animal holding facility under this Subtitle shall not constitute permission to operate an animal holding facility in violation of Subtitle 27, Prince George's County Code.

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: A one-time written cruelty warning notice shall be issued by an Animal Control Officer, who shall also provide detailed educational guidance and compliance requirements specific to the violation for first-time offenses of less serious cases of cruelty or neglect. "Less serious cruelty or neglect" is defined as any act of cruelty or neglect, which has no permanent effect on the animal, and the aforementioned behavior of the owner or custodian is subsequently corrected through education and compliance. Second offenses of less serious acts of cruelty or neglect, which are not a recurrence of the conduct prohibited in this Subsection, shall result in the removal of the animal(s). Second offenses of less serious acts of cruelty or neglect that area recurrence of the conduct prohibited in this Subsection shall result in the removal of the animal(s). The owner or custodian shall be fined One Hundred Dollars ($100.00) per animal. Animal(s) that have been removed pursuant to Sections (b)(2)(A) and (b)(2)(B) shall be housed for a period not to exceed seven (7) days, at the Animal Services and Adoption Center or a designated approved location. The owner or custodian shall pay for the board and care of the animal(s) at the Animal Services and Adoption Center or designated location during the seven (7) day period allowed for taking corrective measures. Such animals shall be designated as a "humane hold" until corrective measures ensuring the safety and well-being of the animal(s) have been taken by the owner or custodian. These corrective measures shall be confirmed through inspection by an Animal Control Officer. Animals on humane hold shall not be adopted or euthanized, however, an animal may be euthanized upon the recommendation of a licensed veterinarian as necessary to prevent the pain and suffering of the animal. If appropriate corrective measures have not been taken by the close of the seven (7) day period, the animal(s) 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 the animal(s). "Serious cruelty or neglect" is defined as any act by an owner, custodian or other person which causes physical trauma, impairment of condition, and/or unnecessary pain and suffering and the cruelty or neglect results in physical injury to, and/or creates a substantial risk of death, or causes the death of an animal. A violation of this Section, as well as any third offense of less serious cruelty or neglect, shall result in a charge of cruelty, and the violator shall be subject to a fine of One Thousand Dollars ($1,000.00) and a fine of One Hundred Dollars ($100.00) per animal. "Aggravated Animal Cruelty or Neglect" is defined as any act by an owner, custodian, or other person who tortures, torments, mutilates, cruelly beats, or kills an animal under circumstances demonstrating malice aforethought; or fails to provide proper care to an animal and the failure results in the death of the animal. Any person in violation of this Section, or in the case of a subsequent offense under Subsection (b)(3) of this Section shall result in a criminal charge of cruelty. A conviction under this charge shall be punishable by a criminal fine of One Thousand Dollars ($1,000.00) and/or imprisonment of not less than ninety (90) days but not more than six (6) months. The Court may also impose an order requiring a psychological evaluation of the convicted offender. A civil penalty of One Thousand Dollars ($1,000.00) shall be imposed as appropriate. Animal Fighting/Aggravated Animal Cruelty. It shall be unlawful for any person to cause, sponsor, arrange, hold, or encourage any dog, bird, fowl, cock, or any other animal to fight, menace, injure or kill another animal for the purpose of sport, amusement, or financial gain. For the purposes of this Section, a person encourages an animal to fight, menace, injure or kill another animal if the person: is present as a spectator, sponsor, guest or otherwise wagers on an occurrence of fighting; owns, trains, transports, possesses, breeds, sells or equips an animal with the intent that such animal will engage in fighting; allows animal fighting on the premises of any property owned or controlled by the person; allows any animal used for fighting to be kept, harbored, boarded, housed, trained on, or transported in, any property owned or controlled by the person; uses any means of communication for the purpose of promoting animal fighting; possesses or has in the care or custody, whether owner, custodian or other person, any animal or any device intended to facilitate breeding for fighting purposes or to enhance the animal's fighting, menacing, injuring or killing ability. 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.

No person shall leave an animal on a road, on public or private property, or other location without first having secured another owner or custodian for the animal's continued care which shall include the provision of the elements of proper care as defined in Sec. 3-101 (a)(66) of this Code.

A person shall not give an animal poison, ground glass, gunpowder, chemicals or any other harmful substance or expose an animal to poison, ground glass, gunpowder, chemicals or any other harmful substance with the intent that the animal ingest it. This will not apply to poison used in a responsible manner to destroy vermin. Care must be taken to protect non-targeted species.

It shall be unlawful to carry an animal upon a vehicle in a manner that permits the animal to slide around, jump out, be thrown out of or fall from the vehicle; and/or that subjects an animal to hazards from road debris and/or exposure to the sun and heat, wind, rain, and such other elements of weather, including extreme cold; or any other condition that jeopardizes the animal's health and/or safety or causes the animal unnecessary pain and suffering.

No person shall leave an animal unattended in a standing or parked vehicle in such a manner that subjects the animal to pain and suffering, injury or death from the heat, cold or other conditions that jeopardize the animal's health and/or safety. A police officer or Animal Control Officer may use reasonable force to remove an animal left unattended in a vehicle pursuant to this Section and shall not be held liable for any damages as a result of taking such action to protect the animal's health and safety. No person shall use force to remove from a vehicle a police dog on duty, or an animal in the custody of an Animal Control Officer.

Any person who touches or contacts, or causes an object or another person to touch or contact, the mouth, anus, sex organs or other body part of an animal or animal carcass for the purposes of arousing or gratifying the sexual desire of a person; or causes an animal or animal carcass to touch or contact, the mouth, anus, sex organs or other body part of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person shall be guilty of the crime of Sexual Assault of an Animal.

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: confined within artificial boundaries; and/or tethered or chained, staked out, caged/crated or otherwise restrained, regardless of size. 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: The owner of the potentially dangerous dog is 18 years of age or older; A valid pet license has been issued for the potentially dangerous dog; The potentially dangerous dog has current vaccinations; The owner has a proper enclosure, as determined by the Administrator, to confine the potentially dangerous dog; The potentially dangerous dog has been spayed or neutered; The potentially dangerous dog has been implanted with a microchip containing owner identification information; and The owner has written permission of the property owner, if the dog owner is not the property owner, and from a homeowner's association, if appropriate, to house the dog on the premises where the dog will be kept. 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: A premium, novelty, toy, or prize, or as an inducement to enter any contest, game, or other competition; An instrument to enter a place of amusement; An incentive to enter into any business agreement where the offer was for the purpose of attracting trade. 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.

Where a complaint is filed with the Commission and the Commission finds that a private or public nuisance exists with respect to the keeping of pigeons, the Commission may direct or authorize the Administrator or any party of interest to the complaint to take appropriate actions consistent with State law. Similarly, the Health Officer may, upon a finding that a pigeon or pigeons are causing a public health hazard, direct or cause appropriate corrective action to be taken to abate such hazard consistent with State law.

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: A person may foster a Pit Bull Terrier through the Administrator in the County. A person may adopt a Pit Bull Terrier through the Administrator in the County under the following conditions: The Administrator must deem the Pit Bull Terrier adoptable; and The person must apply for a permit, within 45 days of enactment of this Act, and shall register the Pit Bull Terrier within six months of enactment of this Act, which includes a signed agreement concerning responsibility for the dog; and The person must provide the address of where the Pit Bull Terrier will be located; and The person must comply with all other requirements in subsection (4) of this Section; and The Administrator must microchip the Pit Bull Terrier and the Pit Bull Terrier except those used for exhibition must be spayed or neutered in accordance with this Section, Section 3-177 and Section 3-185.03 of this Subtitle. A person in the County owning a Pit Bull Terrier may harbor the animal under the following conditions: The person must apply for and maintain a permit, within 45 days of enactment of this Act, and shall register the Pit Bull Terrier within six months of enactment of this Act, which includes a signed agreement concerning responsibility for the dog. The permit application and signed agreement must include: The name of the person who owns the Pit Bull Terrier and the address of where the Pit Bull Terrier will be located; and Proof of rabies vaccination; and Proof of microchip; and A description of the Pit Bull Terrier; and A statement that the person agrees to comply with Sections 3-135 of this Subtitle, the County leash law and responsible dog ownership. Any owner or custodian of a Pit Bull Terrier shall: Complete pet parenting or animal handling courses as needed or mandated by the Administrator; and Notify animal protection in person or by telephone of any of the following occurrences within the scheduled time frames as set forth in this subsection: Within eight (8) hours after the Pit Bull Terrier has escaped or has otherwise ceased to be in the custody of the owner or keeper for any reason, unless the owner or keeper knows such animal to be physically secured, restrained, or confined and to be in the custody of a competent adult; and Within eight (8) hours after the Pit Bull Terrier has attacked or bitten a person or another domestic animal; and If the Pit Bull Terrier has died, or if the owner or keeper of the Pit Bull Terrier or the address of the Pit Bull Terrier has changed to a person or location outside of the County, the owner or keeper listed on the breed-restricted permit shall notify the Administrator within twenty-four (24) hours of such change, including the name, address, and telephone number of the new owner or keeper. If the owner or keeper or location of the Pit Bull Terrier changes to a person or location at a different address within the County, the owner or keeper listed on the breed-restricted permit shall notify the Administrator under the direction of the Administrator of Animal Control in the County within twenty-four (24) hours of the change, including the name, address, and telephone number of the new owner, and the new owner or keeper may be permitted to modify the breed-restricted permit to reflect the new owner's name in the discretion of the Administrator but such modification must be obtained within five (5) days of the change; 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.

The Animal Services and Adoption Center or other animal shelter shall refer some of the Pit Bull Terriers in the pilot program to be service animals, as defined in Section 3-101(a)(84.1).

All Pit Bull Terriers except those used for exhibition must be spayed or neutered.