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TITLE 4. ANIMAL CONTROL

Section

Subtitle 1. Definitions; General Provisions

12-4-101. Definitions.

12-4-102. Notices.

12-4-103. Injunctive relief.

12-4-104. Liability for subduing animal at large.

Subtitle 2. Animal Matters Commission

12-4-201. Commission established.

12-4-202. Composition; appointment; terms; compensation.

12-4-203. Chair; Executive Secretary; Secretary; Counsel.

12-4-204. Quorum.

12-4-205. Meeting and duties of Commission.

12-4-206. Hearings before Commission.

Subtitle 3. Animal Care and Control Agency and Officers

12-4-301. Enforcement of article.

12-4-302. Appointment and powers of Agency officers.

12-4-303. Recordkeeping by Agency.

12-4-304. Authority to charge; citation.

12-4-305. Elections available to person who receives citation.

12-4-306. Duties of individual issuing citation.

12-4-307. Duties of Agency on receiving citation.

12-4-308. Duties of Commission on receiving citation.

12-4-309. Disposition of citation filed with District Court.

12-4-310. Application for criminal summons or warrant.

12-4-311. Confidentiality of records of violations.

12-4-312. Interference with Agency officer prohibited.

Subtitle 4. Public Safety

12-4-401. Applicability.

12-4-402. Public safety threats; potentially dangerous, dangerous, and vicious animalcriteria; defenses.



12-4-403. Potentially dangerous, dangerous or vicious animals; orders.

12-4-404. Authority to dispose of vicious animals.

12-4-405. Keeping of vicious animals prohibited.

12-4-406. Dangerous animal registry.

Subtitle 5. Impoundment of Animals

12-4-501. Authority to impound.

12-4-502. Right of entry.

12-4-503. Notice; holding period.

12-4-504. Redemption of impounded animals.

12-4-505. Disposition of animals.

Subtitle 6. Rabies Control

12-4-601. Vaccination of dogs and cats required.

12-4-602. Required reports – In general.

12-4-603. Required report by veterinarian.

12-4-604. Confirmed or highly likely cases of rabies.

12-4-605. Confinement of animals that bite humans.

12-4-606. Destruction or isolation of animals exposed to rabies.

12-4-607. Requirement for surrender of animal for destruction or quarantine.

12-4-608. Quarantine – Animal suspected of being exposed to rabies.

12-4-609. Quarantine – Animal diagnosed as having rabies.

12-4-610. Restrictions on killing or removing certain animals.

12-4-611. Surrender and disposal of dead animal exposed to rabies.

Subtitle 7. Licenses

12-4-701. Application.

12-4-702. Dog and cat licenses.

12-4-703. Dog fancier license.

12-4-704. Cat fancier license.

12-4-705. Commercial kennel license.

12-4-706. Pet shop license.

12-4-707. Grooming parlor license.

12-4-708. Petting zoo license.

12-4-709. Chicken and duck license.

12-4-710. Pet care business license.



12-4-711. Expiration, renewal, and revocation of certain licenses.

12-4-712. Notice of denial, nonrenewal, revocation, or suspension of license.

12-4-713. Appeals.

12-4-714. Effect of denial or revocation of license.

12-4-715. Enforcement of unappealed orders.

12-4-716. Nontransferability of licenses.

12-4-717. Burden of proof with respect to licensing.

12-4-718. Zoning requirements.

Subtitle 8. Standards for Care and Keeping of Animals

12-4-801. Animals outdoors.

12-4-802. Food, water, and veterinary care required.

12-4-803. Animal fancier kennels.

12-4-804. Commercial kennels.

12-4-805. Pet shops; grooming parlors.

12-4-806. Petting zoos.

12-4-807. Pet care businesses.

12-4-808. Veterinary hospitals.

12-4-809. Severe weather emergencies and alerts.

Subtitle 9. Miscellaneous Provisions

12-4-901. Cruelty.

12-4-902. Keeping of wild animals, exotic animals, and vicious animals prohibited.

12-4-903. Creating public nuisance or public nuisance condition prohibited.

12-4-904. Animal disturbance prohibited.

12-4-905. Animals running at large prohibited.

12-4-906. Animals prohibited on school grounds and in public recreation areas.

12-4-907. Stray dogs and cats to be surrendered to County.

12-4-908. Intact dog or cat.

12-4-909. Removal of animal excreta.

12-4-910. Disposal of animal carcasses and sick animals.

12-4-911. Reporting of sale or disposition of animals.

12-4-912. Adopted animals – spaying or neutering; fees; waiver of fees.

12-4-913. Reckless animal owner.

Subtitle 10. Civil Penalties



12-4-1001. Civil penalties.

SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS§ 12-4-101. Definitions.

In this title, the following words have the meanings indicated:

(1) “Agency” means the Animal Care and Control Agency.

(2) “Agency facility” means a facility owned or operated in the County by or under contract with theCounty for the care, confinement, disposition, or detention of animals.

(3) “Animal” means a vertebrate species of animal other than a human, including a dog, a cat, livestock,and fowl.

(4) “Animal Care and Control Agency” means the section in the Police Department directed by the Chief ofPolice or otherwise authorized by law to administer and enforce this article.

(5) “Animal exposed to rabies” means an animal that has been bitten by an animal that either has rabies orhas been in proximity or contact with an animal that has rabies or has been exposed to an animal that has rabies.

(6) “Animal fancier kennel” means a private kennel maintained by a fancier on the fancier’s premises forthe maintenance or training of animals owned by the fancier.

(7) “Animal hospital” means an establishment maintained or operated by a veterinarian for immunization,hospitalization, surgery, or diagnosis, prevention, and treatment of disease and injuries of animals.

(8) “At large” means off the property of an animal’s owner and not leashed and under the control of aresponsible person.

(9) “Attack dog” means a dog trained to attack only on command or to protect human beings or property.

(10) “Boarding” means keeping an animal overnight in a commercial establishment used for the keeping ofanimals or keeping an animal overnight at a licensed pet care business as defined in §§ 12-4-101(35) and 18-10-135 of this Code.

(11) “Cage” means an enclosure of limited space that is enclosed on the bottom, top, and sides and in whichanimals are placed.

(12) “Cat fancier” means an individual who owns or keeps on the individual’s premises 10 or more cats.

(13) “Chief” means the Chief of Police or the designee of the Chief of Police.

(14) “Commercial establishment” means an establishment the primary function of which is the sale of aproduct or service.

(15) "Commercial kennel" means an animal boarding place or other establishment for the commercialbreeding of dogs or cats, or the boarding, grooming, or sale of dogs or cats for which a fee is charged, but doesnot include a dog fancier's kennel or an animal hospital maintained by a licensed veterinarian as part of thepractice of veterinary medicine for the treatment of animals.

(16) “Commission” means the Animal Matters Commission.

(17) “Community cat” means an unowned, free-roaming cat, 12 weeks of age or older who is cared for byone or more persons residing or working in the immediate area who are known or unknown. A community catmay or may not be feral.

(18) “Community cat caregiver” means a person or group that, in accordance with a good faith effort toconduct trap-neuter-return, provides food, shelter, and medical care to a community cat. A community catcaregiver is not the owner of a community cat.



(19) “Cruelty” means an act or omission by which unjustifiable physical pain, suffering, or death is causedor permitted, including a failure to provide proper drink, air, space, shelter, or protection from the elements,veterinary care, or nutritious food in sufficient quantity, a failure to employ the most reasonably humane methodavailable with respect to an activity in which physical pain is necessarily caused, such as food processing,hunting, experimentation, or pest elimination, overdriving or overloading an animal, inflicting unnecessarysuffering or pain on an animal, or any act prohibited by §§ 10-606, 10-607, or 10-608 of the Criminal LawArticle of the State Code.

(20) “Dangerous animal” means an animal that has been designated as dangerous by the Agency.

(21) “Disposition” means placement of a pet in an approved home, humane administration or performanceof euthanasia, or, in the case of a wild animal, release into a suitable habitat, but does not include selling orgiving up an animal for commercial or experimentation purposes.

(22) “Dog fancier” means an individual who on residential property owns or keeps five or more dogsprimarily as pets, but the keeping of the dogs primarily as pets may include noncommercial hunting or practicetracking, the breeding and sale of not more than two litters in a 12-month period, and the exhibiting of a dog indog shows in field or obedience trials.

(23) “Domesticated animal” means an animal that by long-continued association with people has becomethoroughly tame or domesticated, including a dog, cat, horse, mule, goat, cow, bull, pig, domestic fowl, or otheranimal that, by habit or training, lives in association with humans.

(24) “Eartipping” means the deliberate removal or no more than one-quarter of an inch from the tip of acommunity cat’s left ear, performed by a licensed veterinarian while the cat is under anesthesia. Eartips shall beused to identify a community cat as being sterilized and vaccinated for rabies at least once, but does not serve asproof of a current rabies vaccination.

(25) “Exotic animal” means an animal introduced from another country and not indigenous to the State.

(26) “Facility” means a building or property other than a private residence in which an animal ismaintained.

(27) “Farm” means land of 20 acres or more, all or part of which is used in commercial cultivation or forraising animals.

(28) “Feral cat” means a cat that shows no evidence of being owned, such as wearing a collar or tag orappearing groomed and exhibits savage or wild behavior or is living in the wild.

(29) “Grooming parlor” means a commercial operation for the bathing, dipping, cutting, or grooming ofanimals.

(30) “Healthful” means being in a condition appropriate to the particular species of animal involved that ishygienic and conducive to maintenance of the animal’s well-being and to prevention of disease.

(31) “Keep” means to permit either feeding or sheltering an animal on the premises of the occupant orowner who permits it.

(32) “Minor injury” means any physical injury that is not a severe injury.

(33) “Obedience trained animal” means an animal demonstrably trained to obey on command, including toheel on or off a leash, obey a command to come to its owner, or sit, lie, and stand until further command.

(34) “Owner” means a person who keeps, has temporary or permanent custody of, possesses, exercisescontrol over, or has a property right in any animal, livestock, or fowl, except that animal hospitals, commercialkennels, community cat caregivers, and pet shops and their employees are not owners.

(35) “Pet care business” means the temporary keeping of pets owned by others in a residence for a fee,including day care, boarding or training, but not pet grooming.



(36) “Pet shop” means a separate commercial establishment that offers to sell live animals with the intentthat they be kept as pets.

(37) “Petting zoo” means a commercial establishment or activity a substantial purpose of which is to permithuman beings to come into physical contact with animals.

(38) “Potentially dangerous animal” means an animal that has been designated as potentially dangerous bythe Agency.

(39) “Public nuisance” means an act by an animal that substantially interferes with the rights of citizens toenjoyment of life or property and that unreasonably annoys humans, endangers the life or health of other animalsor human beings, or offends human senses, including the molesting of pedestrians, the chasing of vehicles, thedamaging of property of someone other than the owner of the animal, and continually and repeatedly howling,barking, whining, or otherwise making noise that causes unreasonable annoyance, disturbance, or discomfort toneighbors or others in close proximity to the premises where a person keeps an animal.

(40) “Public nuisance condition” means an unsanitary, dangerous, or offensive condition caused by theextreme size or number of animals kept on any premises or by the inadequacy of facilities or a continuing orperiodically recurring public nuisance.

(41) “Quarantine” means confinement in a secure house, garage, or other escape-proof enclosure orstructure.

(42) “Sanitary” means being in a condition of good order and cleanliness that precludes the probability oftransmission of disease.

(43) “Severe injury” means any physical injury requiring professional medical treatment that is directlycaused by an animal, and that results in multiple skin punctures, one or more muscle tears, dislocated or brokenbones or disfiguring lacerations, significant impairment of an essential bodily function; or that requirescorrective or cosmetic surgery or hospitalization.

(44) “Stray” means a domesticated animal off the property of its owner and not under the control of theowner or the authorized agent of the owner.

(45) “Supervised” means in direct observation of an owner.

(46) “Trap” means an animal-holding or animal-capturing device that is used for apprehending live animalsand is approved by the Agency.

(47) “Trap-neuter-return” means the process of humanely trapping, sterilizing, vaccinating for rabies,eartipping, and returning a community cat to their original location, and includes a plan for revaccination of thecommunity cat in accordance with State law.

(48) “Vicious animal” means an animal that has been designated as vicious by the Agency.

(49) “Wild animal” means an animal that is not a domesticated animal.

(1985 Code, Art. 12, § 1-101) (Bill No. 29-91; Bill No. 83-94; Bill No. 67-98; Bill No. 20-00; Bill No. 41-01;Bill No. 11-07; Bill No. 44-14; Bill No. 59-17; Bill No. 96-17; Bill No. 50-18; Bill No. 90-18; Bill No. 87-20;Bill No. 89-20)

§ 12-4-102. Notices.

Any notice requirement established in this title may be satisfied by personal delivery, by forwarding bycertified mail, delivery restricted to the licensee, at the address shown on the license application on file with theAgency, or by posting the notice on the front door or in a conspicuous place on the property of the person to beserved. If the person to be served has a known address outside of Anne Arundel County, the notice requirementmay be satisfied in the same way as service within the County or by the Agency sending the notice by regular



mail to the person’s last known address and electronic mail to the person’s electronic mail address. Service byelectronic mail shall be complete upon the notice being successfully sent and not returned as undeliverable.

(1985 Code, Art. 12, § 1-102) (Bill No. 90-18)

§ 12-4-103. Injunctive relief.

The Chief may request the Office of Law to seek a temporary restraining order and other relief in a court ofcompetent jurisdiction to correct a condition by which the actions of an animal, or the actions or inactions of theowner of the animal, cause a substantial and immediate danger to a human being or to property.

(1985 Code, Art. 12, § 1-103) (Bill No. 23-04; Bill No. 11-07; Bill No. 89-20)

§ 12-4-104. Liability for subduing animal at large.

A person who subdues or destroys an animal may not be held liable for damages if the animal is found to havebeen running at large and at the time of destruction is in the act of pursuing, attacking, or wounding a human oran animal.

(1985 Code, Art. 12, § 1-104)

SUBTITLE 2. ANIMAL MATTERS COMMISSION§ 12-4-201. Commission established.

There is an Animal Matters Commission in the Police Department.

(1985 Code, Art. 12, § 2-101) (Bill No. 67-98; Bill No. 89-20)

§ 12-4-202. Composition; appointment; terms; compensation.

(a) Composition. The Commission consists of seven members. Of the seven members, one shall be theHealth Officer or the Health Officer’s representative; one shall be the Chief or the Chief’s representative; andfive shall be citizen members appointed by the County Executive. Of the five citizen members, one shall be alocal veterinarian or an alternative veterinarian representative; one shall be appointed from CouncilmanicDistrict 1, 2, or 3; one shall be appointed from Councilmanic District 4 or 5; one shall be appointed fromCouncilmanic District 6 or 7; and one shall be appointed at large.

(b) Term. The term of a citizen member is two years. A citizen member appointed to fill an unexpired termserves only until the term expires and until a successor is appointed and qualifies. A citizen member may notserve more than two full consecutive terms.

(c) Expenses. Members are not entitled to compensation for their services, but are entitled to reimbursementfor expenses as provided in the budget.

(d) Attendance by Chief or Chief’s designee. When required by the Chair of the Commission, the Chiefshall attend meetings of the Commission.


§ 12-4-203. Chair; Executive Secretary; Secretary; Counsel.

(a) Chair. The five citizen members shall elect the Chair of the Commission. The Chair serves for one year oruntil the expiration of the Chair's term on the Commission, whichever occurs first. The Chair may be reelectedfor consecutive terms.

(b) Executive Secretary. The Chief shall serve as the Executive Secretary of the Commission, be responsiblefor providing staff support, schedule and arrange for meetings and hearings, and be the official custodian of therecords of the Commission.



(c) Nonvoting secretary. The County Executive shall appoint an individual who is not a member of theCommission to serve as nonvoting secretary.

(d) Counsel. The Office of Law shall serve as counsel to the Commission.


§ 12-4-204. Quorum.

Four members of the Commission shall constitute a quorum for the transaction of business, except that, at thediscretion of the Chair, the Commission may convene a panel of three members to hear complaints or appeals asprovided in this title.

(1985 Code, Art. 12, § 2-104) (Bill No. 57-87)

§ 12-4-205. Meeting and duties of Commission.

The Commission shall meet at the call of the Chair to hear complaints or appeals as prescribed and authorizedin this title and shall make recommendations to the Chief concerning:

(1) the suspension or revocation of licenses issued under this title;

(2) the disposition of animals affected by violations of this title or other law;

(3) criminal prosecution of violations of this title or other law; and

(4) other disposition of or an election of a legal remedy to correct alleged violations of this title or offensesor conditions considered by the Commission.

(1985 Code, Art. 12, § 2-105) (Bill No. 11-07)

§ 12-4-206. Hearings before Commission.

(a) Generally. Within 30 days after receiving an appeal, petition, or a request for a hearing authorized underthis article, the Commission shall convene to hear the matter. The person requesting the hearing shall be notifiedof the date, time, and place of the hearing.

(b) Hearing procedures.

(1) A person shall have right to counsel before the Commission.

(2) The hearing date may be postponed:

(i) by the Chief on written request by either party at least five days before the scheduled hearing date forgood cause shown; or

(ii) by the Commission on the hearing date if the requesting party appears and presents good cause for apostponement.

(3) The hearing shall be open to the public.

(4) The Commission may admit all relevant evidence without regard to the formal rules of evidence.

(5) All witnesses shall testify under oath or affirmation administered by a designee of the Commission.

(c) Findings and recommendations. The Commission’s duties for citations are governed by § 12-4-308.Within 15 days of a hearing on anything other than a citation, the Commission shall submit written findings andrecommendations to the Chief. Within 15 days of receipt of the recommendation, the Chief shall issue a finaldecision, and the final decision shall be served on the owner as provided by § 12-4-102.

(d) Appeals. When appeals are considered by the Commission, the Chief may initiate corrective orenforcement action other than action relating to suspension, denial, or revocation of licenses authorized by this



title.

(e) De novo appeal. The Chief’s decision under §§ 12-4-403, 12-4-713, 12-4-901, or 12-4-913 is subject tode novo review by the County Board of Appeals. A person who appeared at the hearing and was aggrieved bythe Chief’s decision may file a written request for appeal with the Board of Appeals within 30 days of thedecision.

(1985 Code, Art. 12, § 2-106) (Bill No. 67-98; Bill No. 11-07; Bill No. 90-18; Bill No. 89-20)

SUBTITLE 3. ANIMAL CARE AND CONTROL AGENCY AND OFFICERS§ 12-4-301. Enforcement of article.

This title shall be enforced by the Agency and Agency officers, or the authorized representatives of theAgency under the supervision of the Chief.


§ 12-4-302. Appointment and powers of Agency officers.

The Chief may appoint Agency officers. In enforcing this title, Agency officers shall have all powers necessaryto enforce the provisions of this title and §§ 10-601 et seq. of the Criminal Law Article of the State Code,including the power to:

(1) issue and serve citations;

(2) seize, impound, or dispose of an animal;

(3) take action or order an owner to take any action necessary to protect the health or safety of an animal, aperson, or the public;

(4) search private property and seize evidence or animals by obtaining a search warrant issued by a court;

(5) apply for a criminal summons or warrant; and

(6) conduct inspections of animal holding facilities, commercial kennels, pet store, and other facilitiesregulated by this title.


§ 12-4-303. Recordkeeping by Agency.

The Agency shall keep accurate and detailed records of animal licenses, impoundments, dispositions, and otherenforcement actions relating to animals in the custody of the Agency. The records shall be retained for threeyears.

(1985 Code, Art. 12, § 3-103)

§ 12-4-304. Authority to charge; citation.

(a) Probable cause. An Agency officer, an authorized representative of the Agency, or a law enforcementofficer may charge a person with a violation of this title if the individual issuing the charge has probable cause,based on personal knowledge, observation, or a written affidavit of complaint, that the person charged hascommitted or is committing the violation.

(b) Issuance of citation. A written citation shall be issued to the person charged under this article. Thecitation shall be a sufficient charging document for the prosecution of the offense for which it is issued.

(c) Contents. A citation issued to a person under this section shall be on a form prescribed by the Agencyand shall include:

(1) the name and address of the alleged violator;



(2) the violation alleged;

(3) a statement with a line for signature by the alleged violator acknowledging receipt of the citation;

(4) a statement setting forth the requirement of election of a choice of action which the alleged violatorshall make as specified in § 12-4-305;

(5) a statement signed under penalty of perjury that the person issuing the citation has probable cause tobelieve the fact of the violation is correct; and

(6) other necessary information.

(1985 Code, Art. 12, § 3-104) (Bill No. 89-20)

§ 12-4-305. Elections available to person who receives citation.

(a) Generally. A person who receives a citation may elect to:

(1) pay the fine provided for in the citation to the Agency before the day of trial;

(2) within 15 days after service of the citation, submit a written request for a hearing before theCommission for dismissal of the citation;

(3) pay the fine if the Commission does not dismiss the citation after the hearing; or

(4) request to stand trial in the District Court on the citation.

(b) Default procedure. Failure to pay the fine or to submit a written request to the Commission within therequired time period or to appear for the hearing before the Commission so requested on the date specified forthe hearing shall be deemed to be an election to be tried in the District Court.

(1985 Code, Art. 12, § 3-105) (Bill No. 89-20)

§ 12-4-306. Duties of individual issuing citation.

Each person who issues a citation to an alleged violator shall:

(1) promptly file the original copy with the Agency;

(2) maintain or file other copies of the citation as required by the Agency; and

(3) appear for the trial of the citation should it proceed to trial and be responsible for subpoenaing necessarywitnesses for the trial.

(1985 Code, Art. 12, § 3-106) (Bill No. 89-20)

§ 12-4-307. Duties of Agency on receiving citation.

On receiving the original copy of a citation issued to an alleged violator, the Agency shall:

(1) maintain a record of the alleged violation;

(2) hold the citation for 15 days from the date of service to allow the alleged violator an opportunity torequest dismissal of the citation by the Commission, and, if the alleged violator requests a hearing, hold thecitation until the Commission issues a decision;

(3) if the alleged violator requests a hearing before the Commission, promptly forward the original copy ofthe citation to the Commission; and

(4) if the alleged violator elects to stand trial in the District Court or does not request a hearing before theCommission within 15 days of service of the citation, forward the citation to District Court for trial.

(1985 Code, Art. 12, § 3-107) (Bill No. 89-20)



§ 12-4-308. Duties of Commission on receiving citation.

(a) On receiving the original copy of a citation issued to an alleged violator from the Agency, theCommission shall promptly schedule a hearing on the citation.

(b) If, after a hearing, the Commission finds a violation did not occur, the Commission shall dismiss thecitation.

(c) If, after a hearing, the Commission finds that a violation did occur, or if the request for hearing iswithdrawn, the Commission shall forward the citation to District Court. The Commission may amend the fine toan amount not to exceed the face value of the citation.

(1985 Code, Art. 12, § 3-108) (Bill No. 89-20)

§ 12-4-309. Disposition of citation filed with District Court.

After the original copy of the citation is filed with the District Court, the citation may be disposed of by trial,dismissal, or other official action by a judge of the District Court or by payment of the fine.

(1985 Code, Art. 12, § 3-109) (Bill No. 89-20)

§ 12-4-310. Application for criminal summons or warrant.

An Agency officer, an authorized representative of the Agency, or a law enforcement officer shall makeapplication for the issuance of a criminal summons or warrant if:

(1) the person charged fails to acknowledge receipt of a citation issued under this title; or

(2) the Agency officer, the authorized representative of the Agency, or law enforcement officer hasprobable cause to believe that the person has violated §§ 12-4-602, 12-4-603, 12-4-605, 12-4-608, 12-4-609, 12-4-610, or 12-4-611.

(1985 Code, Art. 12, § 3-110) (Bill No. 89-20)

§ 12-4-311. Confidentiality of records of violations.

Except for the maintenance of records for use in enforcing this title and as provided in § 12-4-406, includingthe determination of subsequent infractions for purposes of imposing the penalties authorized under § 12-4-1001, a record of an infraction of this title may not be made available to or distributed to persons other thanCommission members, court personnel, or staff designated by the District Court.

(1985 Code, Art. 12, § 3-111) (Bill No. 59-17)

§ 12-4-312. Interference with Agency officer prohibited.

A person may not interfere with an Agency officer or an authorized representative of the Agency engaged inthe performance of duties under this title.

(1985 Code, Art. 12, § 3-112) (Bill No. 89-20)

SUBTITLE 4. PUBLIC SAFETY§ 12-4-401. Applicability.

This subtitle does not apply to an animal owned by or working for a governmental agency or law enforcementagency.

§ 12-4-402. Public safety threats; potentially dangerous, dangerous, and vicious animal criteria; defenses.

(a) Public safety threat. An animal may not pose a threat to public safety. The owner of an animal whoposes a threat to public safety is in violation of this section. An animal poses a threat to public safety if theanimal:



(1) inflicts severe injury to a person;

(2) bites a person;

(3) kills or inflicts injury to a domesticated animal;

(4) attacks a person;

(5) while at large, chases or approaches a lawfully restrained domesticated animal in an aggressive manner;

(6) while at large, chases or approaches a person in an aggressive manner; or

(7) engages in encouraged dogfighting activity or shows evidence of having been engaged in encourageddogfighting activity.

(b) Potentially dangerous. The Agency may designate an animal as potentially dangerous if, afterconsideration of the animal’s demeanor and prior history and any evidence of mitigating circumstances, theAgency finds that the animal:

(1) engaged in conduct that caused a minor or severe injury to a person or domesticated animal;

(2) has been determined to be potentially dangerous or dangerous by another jurisdiction for an attack oraction that would subject the animal to a potentially dangerous designation by the Agency; or

(3) while at large, chases or approaches a person or lawfully restrained domesticated animal in anaggressive manner and the Agency has received and verified information that the animal engaged in conduct thatconstitutes a public safety threat within the preceding twelve months in this or any other jurisdiction.

(c) Dangerous. The Agency may designate an animal as dangerous if, after consideration of the animal’sdemeanor and prior history and any evidence of mitigating circumstances, the Agency finds that the animal:

(1) killed or inflicted severe injury on a person or domesticated animal;

(2) has been determined to be potentially dangerous, dangerous, or vicious by another jurisdiction for anattack or action that would subject the animal to a dangerous designation by the Agency;

(3) has been documented as killing or inflicting severe injury on a person or domesticated animal in anotherjurisdiction; or

(4) has been determined to be potentially dangerous by the Agency and engages in a second incident thatconstitutes a public safety threat as described in subsection (a) of this section.

(d) Vicious. The Agency may designate an animal as vicious if, after consideration of the animal’s demeanorand prior history and any evidence of mitigating circumstances, the Agency finds that the animal cannot besafely maintained without threatening members of the public or other animals and the animal:

(1) killed or inflicted severe injury on a person or domesticated animal;

(2) has been determined to be potentially dangerous or dangerous by the Agency and engages in a secondincident that constitutes a public safety threat as described in subsection (a) of this section;

(3) has been determined to be dangerous or vicious by another jurisdiction for an attack or action thatwould subject the animal to a vicious designation by the Agency; or

(4) has engaged in documented behavior involving killing or inflicting severe injury on a person ordomesticated animal in another jurisdiction.

(e) Determinative factors. The Agency may decline to issue a citation to an owner for an animal engagingin activity that constitutes a public safety threat or to designate an animal as potentially dangerous, dangerous, orvicious if the Agency finds that it is more likely than not that:



(1) the animal was provoked;

(2) the animal was reacting to pain or injury;

(3) the animal was protecting or defending a person in the immediate vicinity;

(4) the animal was defending itself, its litter, or another animal; or

(5) the animal was acting against a person or animal trespassing on the property of the owner of the animal.


§ 12-4-403. Potentially dangerous, dangerous, or vicious animals; orders.

(a) Issuance of order. Upon a determination that an animal is potentially dangerous, dangerous, or vicious,the Agency shall issue a written order to the owner that explains the reasons for the Agency’s determination. Forpotentially dangerous and dangerous animals, the order shall direct the owner to comply with conditions formaintaining the animal on the owner’s property. Failure of the owner to comply with the conditions may resultin temporary or permanent impoundment of the animal. An impounded animal designated as potentiallydangerous or dangerous may only be redeemed after the owner presents the Agency with satisfactory proof ofcompliance with the issued order.

(b) Conditions. When an animal is determined to be potentially dangerous or dangerous by the Agency, theAgency may order the owner to abide by some or all of the following conditions in addition to the ownercomplying with all other relevant provisions of the County Code for the keeping and maintenance of animals:

(1) manage the animal and its environment in a manner that will abate the animal’s problem;

(2) spay or neuter the animal;

(3) implant the animal with a microchip containing owner identification information;

(4) obtain an insurance policy providing for protection for bite victims in a minimum amount of $300,000;

(5) remove the animal from the custody of an individual less than 21 years old;

(6) for a rental property, obtain the written permission of the landlord to maintain the animal on theproperty;

(7) confine the animal to a structure of a size and type specified by the Agency;

(8) maintain the animal exclusively on the owner’s property except for medical treatment or examination;

(9) muzzle or leash the animal as required by the Agency;

(10) post on the premises where the animal is maintained a clearly visible warning sign that there is adangerous animal on the property;

(11) a behavioral assessment for the animal;

(12) specialized training for the animal; or

(13) such other conditions as the Agency determines to be in the public interest.

(c) Appeal of orders.

(1) An owner of an animal designated as potentially dangerous, dangerous, or vicious may appeal that orderto the Commission within 10 days of receipt of the order by filing a written request for appeal with the Agency.

(2) Prior to the commencement of a hearing before the Commission, the Agency shall transmit to theCommission members all documentation supporting the designation and order.



(3) The Agency shall provide written notice to the owner of the specific behavior of the animal at issue, andthe date upon which a hearing will be held on the appeal. The notice shall advise the owner of the consequencesof a determination of potentially dangerous, dangerous, or vicious. The burden of proof on the appellant shall beby a preponderance of the evidence.

(4) If the owner fails to appear at the hearing, the appeal shall be dismissed.


§ 12-4-404. Authority to dispose of vicious animals.

The Agency shall order the destruction of an animal determined to be vicious.

(Bill No. 59-17; Bill No. 90-18)

§ 12-4-405. Keeping of vicious animals prohibited.

No person may keep an animal designated as vicious by the Agency.

(Bill No. 59-17)

§ 12-4-406. Dangerous animal registry.

(a) Registry established. The Agency shall establish and maintain a dangerous animal registry for theCounty to include all animals determined to be dangerous or potentially dangerous. The following information,if available, shall be included on the registry: the name of the animal, picture, sex, age, weight, primary breed,secondary breed, color and markings, whether spayed or neutered, the address or map where the animal ismaintained, name of the owner, and address of the owner. The registry shall be made available to the public onthe County website.

(b) Annual registration. Prior to the expiration of an animal license each year, and until the dangerous orpotentially dangerous animal is deceased, the owner shall submit to the County a license renewal that includesall information contained in the original registration and any updates. The Agency shall post any updates to theregistry within a reasonable period of time. In the event contact information for the owner changes, the ownershall update the Agency within 10 days of the change. The owner shall comply with notification requirements inthe original order regarding the animal’s location and disposition.

(c) Notice. The owner of an animal with a dangerous animal order shall send a notice to all persons residingwithin 175 feet of a property where a dangerous animal is maintained, and if applicable, the president of anycommunity or homeowners’ association of the subdivision in which the animal is maintained.

(Bill No. 59-17; Bill No. 90-18; Bill No. 89-20)

SUBTITLE 5. IMPOUNDMENT OF ANIMALS§ 12-4-501. Authority to impound.

The Agency may impound:

(1) a domesticated animal found at large, excluding an eartipped community cat;

(2) a dog or a cat found without a license tag affixed to its collar, excluding an eartipped community cat;

(3) an animal whose owner fails to respond to notice that the animal is in violation of this article;

(4) an animal whose health constitutes an immediate and substantial danger to persons or property or thatposes a threat to public safety, as provided in § 12-4-402;

(5) an animal determined to be potentially dangerous, dangerous, or vicious;

(6) an animal placed at risk by its health or environment;



(7) an abandoned or unwanted animal, excluding an eartipped community cat;

(8) an animal involved in an incident that constitutes a public safety threat;

(9) an animal whose owner violates any condition of an administrative order pertaining to that animal;

(10) a community cat, including an eartipped community cat, about which repeated complaints to theAgency from residents or business owners remain unresolved; or

(11) an animal designated as potentially dangerous or dangerous if at any time the owner fails to complywith the conditions of the potentially dangerous or dangerous order.


§ 12-4-502. Right of entry.

On determination that the health or actions of an animal constitute an immediate and substantial danger topersons or property, or to protect an animal from cruelty or neglect as authorized by § 12-4-901, an Agencyofficer may enter onto public or private property and impound the animal. This section may not be construed topermit entry into a private building or residence without due process of law.


§ 12-4-503. Notice; holding period.

When a domesticated animal is impounded, the Agency shall make a reasonable attempt to notify the owner orknown community cat caregiver of the animal. Unless extremely aggressive, seriously diseased or injured,suffering, or under 3 months of age, an animal that is impounded or brought to the Agency for placement ordestruction shall be held at the facility for at least five days unless sooner redeemed.


§ 12-4-504. Redemption of impounded animals.

(a) How done. An owner may redeem an impounded animal by:

(1) complying with the rabies vaccination and licensing provisions of this title;

(2) paying all redemption fees;

(3) paying any outstanding fines unless adjudication has been requested;

(4) providing satisfactory proof of ownership; and

(5) complying with the requirements of this section and any other conditions for return of the animal asordered by the Agency.

(b) Fees. Redemption fees include:

(1) for a spayed or neutered animal, an impoundment charge of $25 for the first impoundment, $50 for thesecond impoundment, and $100 for the third or any subsequent impoundment within a 12-month period;

(2) for an animal not spayed or neutered, an impoundment charge of $50 for the first impoundment, $100for the second impoundment, and $200 for the third or any subsequent impoundment within a 12-month period;

(3) a $5 shelter fee for each day that the animal is held at the Agency facility; and

(4) the cost of any required veterinary services.

(c) Waiver of shelter fees. Accrued shelter fees shall be waived by the Agency when a delay in adjudicationat the Commission, Board of Appeals, or Circuit Court occurs due to a contested request for postponement bythe County. Fees shall be waived for the time between the request and the next hearing date.



(d) Community cats.

(1) Community cat caregivers may reclaim impounded eartipped community cats without the proof ofownership or the payment of shelter fees and impoundment charges required under § 12-4-504 and withoutcomplying with the licensing requirements under § 12-4-702, if the community cat caregiver agrees, in writingand on a form provided by the Agency, to abide by the trap-neuter-return standards described under this title andto return the community cat to its original location or provide for rehoming.

(2) If an impounded community cat has not been sterilized, vaccinated for rabies, and undergone eartipping,the community cat may only be redeemed by a community cat caregiver after receiving a rabies vaccinationadministered by the Agency. Release from impoundment shall be conditioned on referral to a trap-neuter-returnprogram and a written agreement with the County. Documentation of sterilization and eartipping shall beforwarded to the Agency within 60 days of release from impoundment.

(e) Active investigations. If an animal is impounded under this subtitle as a danger to persons or property,the Agency may deny redemption of the animal for the lesser of 14 days or the duration of an activeinvestigation into the incident for which the animal was impounded.

(f) Spay or neuter conditions. If a dog or cat that is not spayed or neutered is impounded two times within a12-month period, the owner shall have the animal spayed or neutered at the owner’s expense prior to redemptionunless the owner appeals to the Commission within five days after the date of the condition being imposed andthe Chief, following a recommendation from the Commission, waives this requirement or orders other action.

(g) Appeal. The owner of an animal may appeal redemption conditions imposed by the Agency under thissection by filing a written appeal with the Commission within five days of the conditions being imposed. Atleast five days prior to the hearing, the owner of an animal shall be notified of the date, time, and location of thehearing.

(h) Commission hearing. The hearing before the Commission shall be governed by § 12-4-206. After ahearing on an appeal of redemption conditions, the Commission shall submit a recommendation to the Chiefnoting any conditions the Commission recommends be upheld, amended, waived, or added.

(i) Redemption pending appeal. If the owner files a timely appeal to the Commission, the Chief may allowredemption of the animal by the owner while the appeal is pending without the owner complying with theappealed condition. If a redemption condition is upheld by the Chief after the hearing, the owner shall presentsatisfactory proof of compliance with all redemption conditions to the Agency within 30 days of the finaldecision being issued.

(j) Microchipping. An impounded animal shall be microchipped at the owner’s expense prior to redemptionif, within the 24 months prior to the impoundment, the owner of the animal was found guilty, placed onprobation before judgment for, or paid a civil citation for a violation of §§ 12-4-402, 12-4-903, 12-4-904, 12-4-905, or 12-4-906.

(1985 Code, Art. 12, § 5-104) (Bill No. 41-01; Bill No. 59-16; Bill No. 96-17; Bill No. 75-18; Bill No. 89-20)

§ 12-4-505. Disposition of animals.

(a) Property of County. Any impounded animal held subject to § 12-4-503 and not redeemed by its owner orcommunity cat caregiver within five days of the owner being notified or, if the owner cannot be notified, withinfive days of the animal being impounded shall be deemed unwanted or unredeemed and shall become theproperty of the County. Any animal that is impounded and exempt from the holding period in § 12-4-503 shallbe deemed unwanted or unredeemed and become property of the County immediately on impoundment. Ananimal impounded and designated as potentially dangerous, dangerous, or vicious may not be deemed unwantedor unredeemed until the process for appealing the order is exhausted unless the owner transfers or surrendersownership of the animal to the Agency.

(b) Methods of disposition. The Agency may dispose of unwanted or unredeemed domesticated animals byplacement as a pet in an approved home, rescue organization or shelter, or humanely administered euthanasia.



The Agency may dispose of wild animals by release into a suitable habitat, unless otherwise prohibited by law,placement with a facility or individual permitted by law to keep wild animals, or humanely administeredeuthanasia. As an alternative to euthanasia, a seriously injured or suffering animal may be taken to a veterinarianfor treatment. An animal that is impounded for being a dangerous or vicious animal, and not redeemed by theowner, may not be adopted, transferred, or placed with a rescue organization.


SUBTITLE 6. RABIES CONTROL§ 12-4-601. Vaccination of dogs and cats required.

(a) Requirement. A person may not own or keep a dog or cat over the age of four months unless the dog orcat has been vaccinated so as to provide the animal with continuous protection against rabies. The effectiveperiod of the various vaccines shall be established by the Health Officer or the authorized and trainedrepresentative of the Health Officer in accordance with the current "Compendium of Animal Rabies Vaccines"prepared and periodically revised by the National Association of State Public Health Veterinarians, Inc.

(b) Certificate. On request of the Agency, a person owning or keeping a dog or cat in the County shallpromptly exhibit a currently valid rabies vaccination certificate indicating that the dog or cat has been vaccinatedby a licensed veterinarian or approved governmental agency.

(c) Sanction for violation. A person who fails to provide satisfactory evidence of a current rabiesvaccination shall be given a written citation and an order requiring the vaccination within a seven-day period.

(d) Waiver. The Agency may waive the requirements for vaccination if the dog or cat will not be exposed torabies and, in the written opinion of a veterinarian, a vaccination is not advisable due to the physical condition ofthe animal.

(1985 Code, Art. 12, § 6-101) (Bill No. 41-01)

§ 12-4-602. Required reports – In general.

If warm-blooded animal bites, scratches, or attacks a human being or exposes a human being to a possiblerabies infection, or if the animal is suspected of having rabies, an individual having knowledge of the facts,including a veterinarian, shall immediately report those facts to the County police or, in the City of Annapolis, tothe City police. The police officer who receives such a report shall immediately notify the Health Officer, theauthorized and trained representative of the Health Officer, or the Agency. The individual or agency notifiedshall inform the animal owner in writing that it is the responsibility of the animal owner to take the animal to alicensed veterinarian to have the animal examined for rabies within 24 hours of the bite or scratch.

(1985 Code, Art. 12, § 6-102) (Bill No. 41-01)

§ 12-4-603. Required report by veterinarian.

A veterinarian shall immediately report any animal the veterinarian considers to be rabid or to be a rabiessuspect, by telephone or in person, to the County police or, in the City of Annapolis, to the City police.

(1985 Code, Art. 12, § 6-103) (Bill No. 41-01)

§ 12-4-604. Confirmed or highly likely cases of rabies.

If rabies has been diagnosed in an animal confined for clinical observation or if rabies is suspected by aveterinarian or Agency officer and the animal dies, the Agency officer shall immediately have the head sent to alaboratory recognized by the State Department of Health and Mental Hygiene for rabies examination. Within 24hours of the laboratory findings indicating a presence of rabies, the laboratory shall notify the State Veterinarianand the Health Officer or the authorized and trained representative of the Health Officer of the finding and reporthuman and animal contacts with the infected animal.




§ 12-4-605. Confinement of animals that bite humans.

(a) Requirement for confinement. The Health Officer or the authorized representative of the Health Officerassigned to the Agency shall confine an animal that has bitten a human being for clinical observation for aperiod of 10 consecutive days from the date of the bite.

(b) Where confinement occurs. At the discretion of the Health Officer or the authorized representative ofthe Health Officer, the confinement may occur:

(1) at an animal shelter, veterinary hospital, or humane shelter at the animal owner's option and expense; or

(2) on the premises of the animal owner if the owner signs an agreement that the animal will be quarantinedas specified in the animal bite report, the animal will not leave the structure in which it is confined unless on aleash and under the immediate control of an adult, and the animal will not be in contact with other animals.

(c) Fenced yard. The animal may be secured in the owner's fenced yard if the fence has locking gates thatare kept locked and the animal is chained inside the fence at least 15 feet from the nearest fence line.

(d) Prohibition. A person may not allow an animal confined under this section to escape or be sold or givenaway and may not euthanize the animal before the expiration of the 10-day confinement and observation period.


§ 12-4-606. Destruction or isolation of animals exposed to rabies.

An animal exposed to rabies shall be destroyed immediately under the supervision of the Health Officer or theauthorized and trained representative of the County Health Department or, at the owner's request, shall be placedin strict isolation for six months in a control shelter or a veterinary hospital approved by the State Veterinarian.The cost of isolation shall be borne by the owner.

(1985 Code, Art. 12, § 6-106) (Bill No. 41-01)

§ 12-4-607. Requirement for surrender of animal for destruction or quarantine.

A person may not fail or refuse to surrender an animal for destruction or quarantine as required in this titlewhen demand is made by the order of the Health Officer, the authorized and trained representative of the HealthOfficer, or the State Veterinarian.

(1985 Code, Art. 12, § 6-107) (Bill No. 41-01)

§ 12-4-608. Quarantine – Animal suspected of being exposed to rabies.

After confirmation by a licensed veterinarian, a warm-blooded animal suspected of being an animal exposed torabies shall be surrendered by the owner to a veterinarian or the Agency for supervised confinement completelyisolated from other animals in a manner approved by the Health Officer or the Agency. The animal may bedestroyed or confined in such a way and for such period, at the expense of the owner of the animal, as the HealthOfficer shall direct. Payment of boarding, hospital, and confinement fees and compliance with the licensing andanimal management provisions of this subtitle shall be prerequisite to the release of a confined animal to theowner.

(1985 Code, Art. 12, § 6-108) (Bill No. 41-01)

§ 12-4-609. Quarantine – Animal diagnosed as having rabies.

(a) Imposition of quarantine. Whenever a rabies examination report indicates a positive diagnosis of rabies,the State Veterinarian, the Health Officer, or the authorized and trained representative of the Health Officer mayimpose a quarantine for as long a period as considered necessary.

(b) Requirements during quarantine. When a quarantine is effected under this section, a person may nottake a domesticated animal from confinement or permit a domesticated animal in the streets or other public areas



of the quarantine area unless the animal is properly leashed and is accompanied by an adult. During thequarantine, a farm animal suspected of having been exposed to rabies may be quarantined by the StateVeterinarian. An individual may not remove a quarantined farm animal from the place where it is kept withoutthe written permission of the State Veterinarian. An unclaimed animal impounded by reason of its being at largemay not be placed by an Agency facility during the period of quarantine.

(c) Extension. If there are additional cases of rabies during the period of quarantine, the quarantine periodmay be extended for additional periods as established by the State Department of Health and Mental Hygiene.


§ 12-4-610. Restrictions on killing or removing certain animals.

Except under the direction and supervision of the Health Officer or the authorized and trained representative ofthe Health Officer, an individual may not kill or cause to be killed a rabies animal, an animal that has bitten ahuman being, or an animal suspected of having been exposed to rabies. A person may not remove the animalfrom the jurisdiction of the County without having first received written permission from the State Veterinarianor a representative of the State Veterinarian. If there is a possibility of the animal escaping or of further biting bythe animal, the animal may be killed, and the Health Officer or the authorized and trained representative of theHealth Officer shall be notified immediately.

(1985 Code, Art. 12, § 6-110) (Bill No. 41-01)

§ 12-4-611. Surrender and disposal of dead animal exposed to rabies.

The carcass of any dead animal exposed to rabies shall be surrendered to an Agency officer, the County HealthOfficer, or the State Veterinarian on demand. An Agency officer or an authorized representative of the Agencyshall supervise the disposition of the carcass of any animal in his or her possession found to be infected withrabies or of any dead animal that the Agency officer or the authorized representative of the Agency considers tobe a health menace or a hazard to the public health and welfare.


SUBTITLE 7. LICENSES§ 12-4-701. Application.

An application for a license required by this title shall be made under oath on the forms required by theAgency.

(1985 Code, Art. 12, § 7-101) (Bill No. 41-01)

§ 12-4-702. Dog and cat licenses.

(a) Licenses generally. A County resident who is not a dog fancier, cat fancier, or commercial kennel ownershall have and maintain a license under this subsection for each dog or cat owned.

(1) An owner of a dog or cat shall apply for a license for each animal within 10 days after the dog or catbecomes six months old or within 30 days after bringing a dog or cat into the County.

(2) An owner of a dog or cat shall submit a current rabies certificate for each dog or cat owned and submitupdated rabies information for each licensed dog or cat when renewing a license under this subsection. Anowner shall maintain at all times a current rabies certificate for each licensed dog or cat.

(3) A license for a dog or cat shall be renewed annually on a schedule determined by the Department,except that an owner may obtain a three year license if it coincides with the expiration of a three year rabiesvaccination for the animal.

(4) The fee for each license established in this subsection is set forth in the following charts.



Dog or cat license fees – Other than a dog fancier, cat fancier, or commercial kennel

(1-year license)

County residents under the ageof 60 years

County residents at least 60years old, or receiving disabilitybenefits as a result of a finding

of permanent and totaldisability

For each unspayed orunneutered dog or cat $15 $8

For each spayed or neutered dogor cat or for a dog or cat forwhich spaying or neuteringwould pose a threat to theanimal’s health

$2 $0

For a service animal as definedin the Americans withDisabilities Act (ADA), Title III,CFR §36.104 or a dog trainedand registered in the K-9 corps

$0 $0

Dog or cat license fees – Other than a dog fancier, cat fancier, or commercial kennel

(3-year license)

County residents under the ageof 60 years

County residents at least 60years old, or receiving disabilitybenefits as a result of a finding

of permanent and totaldisability



$5 $0

For a service animal as definedin the Americans withDisabilities Act (ADA), Title III,CFR §36.104 or a dog trainedand registered in the K-9 corps

$0 $0

(5) All licenses shall be renewed upon expiration for as long as the owner owns the dog or cat. Anapplication for renewal shall be accompanied by the required license fee. Failure to make application for renewal



within one month of the license renewal due date shall result in a late fee of $10.

(6) In the event a dog or cat dies prior the expiration of the three year license, the owner of the deceasedanimal may apply for a refund from the Agency by submitting an affidavit of the animal’s death and a refundrequest. A refund shall be based on a prorated amount determined by the animal’s date of death. All refundsshall be issued by the County in the form of a check. Refunds shall apply only to a three year license under thissubsection.

(b) Dog fancier, cat fancier, commercial kennel, or pet care licenses. A dog fancier, cat fancier,commercial kennel or pet care business shall have and maintain a license under this subsection for each dog orcat owned, in addition to the requirements and fees set forth in §§ 12-4-703, 12-4-704, 12-4-705, and 12-4-710.

(1) An owner of a dog or cat shall apply for a license for each animal within 10 days after the dog or catbecomes six months old or within 30 days after bringing a dog or cat into the County.

(2) An owner of a dog or cat shall submit a current rabies certificate for each dog or cat owned and submitupdated rabies information for each licensed dog or cat when renewing a license under this subsection. Anowner shall maintain at all times a current rabies certificate for each licensed dog or cat.

(3) The fee for each license, in addition to the fees required under §§ 12-4-703, 12-4-705, and 12-4-706, isset forth in the following chart.

Dog or cat license fees – Dog fancier, cat fancier, or a commercial kennel

(1-year license)

A dog fancier, cat fancier, or commercial kennel ownerunder the age of 60 years

A dog fancier, cat fancier, orcommercial kennel owner, at

least 60 years old, or receivingdisability benefits as a result of

a finding of permanent andtotal disability



$4 $2

For a service animal as definedin the Americans withDisabilities Act (ADA), Title III,CFR § 36.104 or a dog trainedand registered in the K-9 corps

$0 $0

(4) All licenses issued under this subsection shall expire one year from the last day of the month in whichthe license was issued.

(5) All licenses shall be renewed annually for as long as the owner owns the dog or cat. An application forrenewal shall be accompanied by the required license fee. Failure to make application within one month of thedue date shall result in a late fee of $10.



(c) Dangerous animal licenses. This subsection applies to any County resident, dog fancier, cat fancier, orcommercial kennel owner owning a dangerous or potentially dangerous animal.

(1) An owner of a dangerous or potentially dangerous animal shall apply for and maintain a special licensefor each dangerous or potentially dangerous animal owned within thirty days from the entry of a dangerous orpotentially dangerous animal order by the Agency pursuant to § 12-4-403.

(2) An owner of a dangerous or potentially dangerous animal shall submit a current rabies certificate foreach dog or cat owned and comply with any other rabies vaccination requirements established in an order issuedby the Agency pursuant to § 12-4-403. An owner of a dangerous or potentially dangerous animal shall maintaina current rabies certificate for each dangerous and potentially dangerous animal owned.

(3) The special license fee for a dangerous animal is $125 annually. The fee for an animal found to bepotentially dangerous is $100 annually.

(4) All licenses issued under this subsection shall expire one year from the last day of the month in whichthe license was issued.

(5) All licenses issued under this subsection shall be renewed annually for as long as the owner owns adangerous or potentially dangerous animal. An application for renewal shall be accompanied by the requiredlicense fee. Failure to make application within one month of the due date shall result in a late fee of $10.

(6) Potentially dangerous animal orders issued prior to October 1, 2017 shall remain in full effect andpotentially dangerous animal licenses shall be renewed annually. The Agency may issue a dangerous animalorder for any violation of an active potentially dangerous animal order.

(d) License and tags. Each owner of a licensed dog or cat shall be issued a license and numbered metallicense identification tag. The license tag shall be securely fastened to the dog or cat at all times except when theanimal is on the premises of its owner or when a dog is engaged in supervised hunting or other sport where acollar would endanger the dog’s safety or adversely affect its hunting or sport purpose. A replacement license tagshall be issued to the owner on application and the payment of $1 to the County.

(Bill No. 65-11; Bill No. 44-14; Bill No. 11-16; Bill No. 59-17; Bill No. 63-18; Bill No. 89-20)

§ 12-4-703. Dog fancier license.

In addition to meeting the licensing requirements imposed by § 12-4-702, a dog fancier shall obtain a dogfancier license from the County. The application for a dog fancier license shall state the name and home addressof the dog fancier, the address of the establishment if it differs from the home address of the dog fancier, and themaximum number of dogs to be maintained. The annual fee to be paid to the County for a dog fancier license is$100.


§ 12-4-704. Cat fancier license.

In addition to the requirements of § 12-4-702, a cat fancier shall obtain a cat fancier license from the County.The application for a cat fancier license shall state the name and home address of the cat fancier, the address ofthe establishment if it differs from the home address of the cat fancier, and the maximum number of cats to bemaintained. A cat fancier shall provide proof that each cat has a current rabies vaccination. The annual fee to bepaid to the County for a cat fancier license is $100.

(1985 Code, Art. 12, § 7-103A) (Bill No. 29-91; Bill No. 46-92; Bill No. 83-94; Bill No. 41-01)

§ 12-4-705. Commercial kennel license.

(a) When required. In addition to meeting the licensing requirements imposed by § 12-4-702, the operator ofa commercial kennel shall obtain a commercial kennel license except that veterinary hospitals or clinics,research facilities where bona fide medical, dental, veterinary, pharmaceutical, or biological research is being



conducted, and other animal establishments operated by State or local governments or licensed by federal lawmay operate without a commercial kennel license.

(b) Application. The application for a commercial kennel license shall state the name and address of thecommercial kennel, the name and home address of operator of the commercial kennel, and the maximumnumber of dogs or cats to be housed in the commercial kennel.

(c) Fee. The annual license fee for a commercial kennel is:

(1) $100 for a commercial kennel authorized to house a combined total of nine or fewer dogs or cats;

(2) $250 for a commercial kennel authorized to house a combined total of more than nine but fewer than 50dogs or cats; and

(3) $500 for a commercial kennel authorized to house a combined total of 50 or more dogs or cats.


§ 12-4-706. Pet shop license.

A person may not operate a pet shop without a pet shop license from the County. The annual fee to be paid tothe County for a pet shop license is $250.


§ 12-4-707. Grooming parlor license.

A person may not operate a grooming parlor without a grooming parlor license issued by the County. Theannual fee for a grooming parlor license is $60. A grooming parlor is subject to annual inspection by the County.

(1985 Code, Art. 12, § 7-105A) (Bill No. 29-91; Bill No. 46-92; Bill No. 41-01)

§ 12-4-708. Petting zoo license.

A person may not operate a petting zoo without a petting zoo license from the County. The application for apetting zoo license shall state the name and address of the applicant, the address of the proposed location of thepetting zoo, the number and kinds of animals to be shown, the hours of operation, and the number of days thatthe petting zoo will be located at the address. The fee to be paid for a petting zoo license is $25. A petting zoolicense shall be valid for the time stated in the application, but the time may not exceed one year.

(1985 Code, Art. 12, § 7-106) (Bill No. 41-01)

§ 12-4-709. Chicken and duck license.

(a) License – Scope. The provisions of this section apply to the keeping of chickens and ducks in theCounty, excluding the City of Annapolis. A chicken or duck license permits the owner to own chickens or ducksas pets and to consume eggs produced by the kept chickens or ducks.

(b) License – Generally. A County resident keeping chickens or ducks on a lot less than 40,000 square feetfor any length of time shall have and maintain a license for keeping chickens and ducks on the property. Anowner shall:

(1) apply for a license before obtaining the chickens or ducks or bringing the chickens or ducks into theCounty;

(2) provide evidence of current registration with the Maryland Department of Agricultural, DomesticPoultry and Exotic Bird Registration Division unless the owner is exempt from registration under State law;

(3) acknowledge that they are solely responsible for assuring that chickens and ducks may be kept on theproperty under any applicable covenants or bylaws; and



(4) acknowledge that the falsification of any information on the application is cause for revocation of thelicense.

(c) License – Fee and renewal. The fee for each license is $30. All licenses shall be valid for three yearsand be renewed before expiration for as long as an owner keeps chickens and ducks on the property. Unlessspecifically exempted by law or variance, all zoning requirements set forth in § 18-4-104 of this Code must bemet before a license issued under this section may be renewed. An application for renewal shall be accompaniedby the required license fee. Failure to make application for renewal before the renewal due date shall result in alate fee of $10.

(d) License – Prohibition. Roosters may not be kept on a lot less than 40,000 square feet.

(e) License – Revocation. A license may be revoked or suspended pursuant to § 12-4-711(b).

(Bill No. 79-13; Bill No. 89-20)

§ 12-4-710. Pet care business license.

In addition to the requirements of § 12-4-702, an individual operating a pet care business as a home occupationunder § 18-10-128 of this Code shall obtain a pet care license. The application for a pet care license shall statethe name and home address of the individual operating the pet care business and the maximum number of dogsor cats to be maintained.

(Bill No. 44-14)

§ 12-4-711. Expiration, renewal, and revocation of certain licenses.

(a) Expiration and renewal. A dog fancier, cat fancier, commercial kennel, pet shop or pet care businesslicense shall be valid from the date received until the following June 30 and shall be renewed within 90 daysafter June 30 upon payment of the annual license fee. Failure to make timely application for the initial license orfor renewal shall result in a late fee of $25. The Agency may refuse to issue or renew any license required bythis title if the applicant or licensee has failed to comply with the provisions of this title or any of the provisionslisted in §§ 18-10-128 or 18-10-130 of this Code.

(b) Revocation. The Agency, Health Officer, or the authorized and trained representative of the HealthOfficer may revoke or suspend a license issued under this title on finding that the licensee has failed to complywith this article, Article 18, or any other applicable local, State, or federal law governing the protection andkeeping of animals. When a license is revoked or suspended pursuant to this section, the licensee shallimmediately cease all operations and activities authorized by the license.

(1985 Code, Art. 12, § 7-107) (Bill No. 46-92; Bill No. 83-94; Bill No. 41-01; Bill No. 12-13; Bill No. 79-13;Bill No. 44-14; Bill No. 70-18)

Editor’s note – Bill No. 70-18 renumbered various sections and added a new § 12-4-711 to require a license for the keeping ofminiature pigs. Pursuant to Sections 3 and 4 of Bill No. 70-18, this was in effect from November 10, 2018 until January 1, 2019.

§ 12-4-712. Notice of denial, nonrenewal, revocation, or suspension of license.

(a) Notice. Before denying, withholding renewal of, suspending, or revoking any license, the Chief shall givenotice to the licensee. The notice shall:

(1) specify the violation or other basis for the action;

(2) state a time within which the licensee shall take corrective action to abate the violation or cure otherdefects, if the violation or defect is something that can be cured; and

(3) inform the aggrieved party of the right to appear before the Commission to show cause why the licenseshould not be revoked or other action upheld.

(b) Finality. A decision by the Agency to revoke a license shall be final except as provided in § 12-4-713.



(1985 Code, Art. 12, § 7-108) (Bill No. 41-01; Bill No. 11-07; Bill No. 12-13; Bill No. 79-13; Bill No. 44-14;Bill No. 89-20)

§ 12-4-713. Appeals.

(a) Time for appeal to Commission. A person aggrieved by a decision of the Agency relating to issuance,suspension, revocation, denial, or nonrenewal of a license required by this title may appeal the decision to theCommission within 10 days after the decision.

(b) Hearing. On request, the Commission shall hold a hearing. At the hearing, parties shall have theopportunity to be represented by legal counsel.

(c) Recommendation to Chief and decision. Within 15 days after the hearing, the Commission shallforward to the Chief its findings and recommendation to affirm, modify, or rescind previous administrativeaction. The findings shall include the evidence on which the decision is based. The Chief shall consider eachrecommendation of the Commission. Within 15 days after receipt of the Commission’s findings andrecommendation, the Chief shall notify the appealing party of the determination.

(d) Appeal to Board of Appeals. Within 30 days after notice of a final decision of the Chief affecting alicense required by this title, a person aggrieved may file a notice of appeal with the Board of Appeals.


§ 12-4-714. Effect of denial or revocation of license.

When a decision to prohibit the right to own or keep an animal is final, the owner shall sell, give away, oreuthanize the animals covered by the license. In case of revocation, no part of the license fee may be refunded.An application for issuance or reissuance of any license denied or revoked under this title may not be approveduntil one year from the date of finality of the denial or revocation.


§ 12-4-715. Enforcement of unappealed orders.

If corrective action is not taken by the violator within the time specified in a notice issued pursuant to § 12-4-712 and an appeal is not taken, the Agency shall take appropriate legal action, and may request the Office ofLaw to institute legal proceedings.


§ 12-4-716. Nontransferability of licenses.

Licenses required by this title are not transferable.


§ 12-4-717. Burden of proof with respect to licensing.

The burden of proof of the fact that an animal or establishment has been licensed or is otherwise not requiredto be licensed shall be on the owner of the animal or the owner of the establishment.


§ 12-4-718. Zoning requirements.

Unless specifically exempted by law or variance, before a license is issued under this title, the applicant mustmeet all existing zoning requirements.


SUBTITLE 8. STANDARDS FOR CARE AND KEEPING OF ANIMALS



§ 12-4-801. Animals outdoors.

(a) Tethering of dogs prohibited; exceptions. An owner may not tether, fasten, chain, tie, or restrain a dog,to a shelter, tree, fence, or any other stationary object, except that, while supervised, a dog may be tethered,fastened, chained, or tied to allow an owner to complete a temporary task that requires the dog to be restrainedor to allow the animal to eliminate or exercise. An owner may not cause, procure, or authorize an act prohibitedunder this subsection. A dog may not be tethered, fastened, chained, or tied outdoors by any means if theoutdoor temperature is 32 degrees Fahrenheit or lower or 90 degrees Fahrenheit or higher. This subsection maynot be construed to prohibit a person from exercising or otherwise holding a dog with a leash. A person may nottether or connect a dog to a chain, roped, line, or similar restraint in a manner that endangers the health, safety orwell being of the dog.

(b) Shelter and separate shade required for dogs outdoors. In accordance with the following provisions,for each dog confined outdoors, and owner shall provide:

(1) a source of natural or natural or artificial shade separate from the shelter and of sufficient size to protectthe animal from direct sunlight at all times; and

(2) an accessible shelter that shall:

(i) protect the dog from the wind, snow, rain, heat, cold, and sunlight;

(ii) have a solid and level floor;

(iii) be raised at least two inches off the ground;

(iv) have a waterproof roof and four solid walls, one of which shall contain an entryway sized to allow thedog ease of entry;

(v) be constructed of weather resistant material, except that interior surfaces may not be metal;

(vi) between December 1 and March 15, have an entryway covered to protect the dog from coldtemperatures and inclement weather and installed so as to allow movement in and out of the shelter or be offsetto act as a windbreak;

(vii) contain no cracks or openings other than the entrance;

(viii) be of sufficient size to allow each dog to stand up, lie down, and turn around without touching thesides or top;

(ix) be equipped with bedding made of non-absorbent material and provided in sufficient quantity forinsulation against cold and moisture; and

(x) along with surrounding areas, be kept clean, sanitary, and free of garbage, junk, fecal matter, orsimilar matter at all times.

(c) Additional area required for dogs outdoors. This subsection does not apply to any pen, run, orenclosure constructed under a potentially dangerous order or dangerous order issued prior to August 4, 2018. Inaddition to the shelter and separate shade requirements of this section, for each dog confined outdoors within anoutdoor enclosure, pen, or enclosed run, an owner shall provide adequate space for exercise consistent with thefollowing requirements.

(1) Dogs less than 80 pounds shall have a minimum of a 10 foot by 10 foot enclosure, or 100 square feet ofspace.

(2) Dogs 80 pounds or more shall have a minimum of a 10 foot by 15 foot enclosure, or 150 square feet ofspace.

(3) An additional 50 square feet of space shall be added for each additional dog less than 80 pounds to bekept in the enclosure or pen.



(4) An additional 75 square feet of space shall be added for each additional dog 80 pounds or more to bekept in the enclosure or pen.

(5) The enclosure, run, or pen and the surrounding areas shall be kept clean, sanitary, and free from anygarbage, junk, fecal matter, or similar matter.

(d) Enclosure for animals outdoors other than dogs. An enclosure shall be provided for any animal otherthan a dog that is kept outdoors, and shall be maintained in accordance with the following provisions.

(1) The enclosure shall contain a shelter that:

(i) is structurally sound and in good repair;

(ii) protects the animal from wind, snow, rain, heat, cold, and sunlight;

(iii) except shelters for domesticated birds or fowl, is either graded and drained so as to keep the surfacereasonably dry and prevent any fluids from running into the shelter or has a solid and level floor raised at leasttwo inches off the ground;

(iv) has a waterproof roof and at least three solid walls, with an entryway to allow the animals ease ofentry;

(v) is accessible by each animal in the enclosure;

(vi) provides sufficient space to allow all animals in the enclosure to stand, turn, and stretch to full lengthand height within the shelter;

(vii) if it is a box stall for horses or mules that are 14 hands, two inches high or larger, is at least ten feetwide;

(viii) is ventilated;

(ix) is free of any debris that could endanger the animal; and

(x) is kept clean and free of feces and urine.

(2) The enclosure shall contain adequate space that:

(i) provides sufficient space to allow each animal adequate freedom of movement for exercise; space mustbe appropriate and sufficient for the age, type, quantity, condition, and size of each animal;

(ii) is usable and safe, including being free from standing water, accumulated waste, sharp objects, trashand debris;

(iii) is maintained in a safe and humane manner to minimize health hazards and obnoxious odors;

(iv) contains a source of natural or artificial shade separate from the shelter and of sufficient size toprotect each animal from direct sunlight at all times;

(v) is graded and drained so as to keep the surface reasonably dry and prevent any fluids from runningthrough the enclosure, except for the flow of natural streams or stormwater conveyed by an approvedstormwater management system; and

(vi) is bounded by a fence or other appropriate barrier designed, constructed, and maintained to keep theenclosed animals restrained within the enclosure.

(3) Manure shall be removed from the buildings, sheds, and coops daily.

(4) An open drain may not be allowed to run through the enclosure.

(5) Flies shall be controlled in the enclosure.



(6) Coops for chickens, ducks, and other fowl and domesticated birds kept outdoors shall have four wallsand a roof, be ventilated, constructed to be raised two feet from the ground, have a minimum of three square feetper chicken, have secure door or gate closures, attached bottoms or anti-digging devices to prevent escape, andbe built in such a manner to prevent access from predators and withstand weather.

(7) Outside enclosures for chickens or ducks shall have a minimum of ten square feet per chicken.

(8) In the case of animals kept on farms, nothing in this section may be construed as imposing standardsmore stringent than generally accepted farming practices.

(e) Manure. Other than on a farm, a manure pile may not be allowed to stand for longer than one monthbetween October 15 and April 30 or for longer than seven days between May 1 and October 14. A manure pileon a lot less than 40,000 square feet may not be allowed to stand for more than seven days.

(f) Scope; applicability. The requirements of this section may not supersede the requirements of commercialanimal care and shelter set forth in §§ 12-4-803 through 12-4-805.

(1985 Code, Art. 12, § 8-101) (Bill No. 29-91; Bill No. 41-01; Bill No. 81-06; Bill No. 94-08; Bill No. 79-13;Bill No. 50-18; Bill No. 70-18; Bill No. 95-18)

Editor’s note – Bill No. 70-18 added a provision to § 12-4-801(d) pertaining to shelter for miniature pigs. Pursuant to Sections 3 and4 of Bill No. 70-18 this was in effect from November 10, 2018 until January 1, 2019.

§ 12-4-802. Food, water, and veterinary care required.

(a) In general. Animals shall be provided with daily food and with water at all times. Food and water shall befree of visible contamination. Food shall be wholesome, palatable, and of sufficient quantity and nutritive valueto meet the normal daily requirements to maintain the healthy weight and overall health and well-being of theanimal.

(b) Pets kept outdoors. In addition to the general requirements of this section, for all pets that are keptoutdoors, water shall be fit to drink and may not be frozen. Food and water shall also be kept in containerssecured to prevent tipping.

(c) Veterinary care. An owner of an animal may not unnecessarily fail to provide the animal with necessaryveterinary care.

(d) Penalties. It is a Class D civil offense to violate this section.

(1985 Code, Art. 12, § 8-102) (Bill No. 29-91; Bill No. 41-01; Bill No. 81-06; Bill No. 88-15; Bill No. 8-18;Bill No. 89-20)

§ 12-4-803. Animal fancier kennels.

(a) Generally. Each animal fancier shall provide:

(1) an exercise area of sufficient size to allow running, with sufficient fencing and a secure locking gate;

(2) enclosures, cages, and exercise areas kept clean, dry, and in a sanitary condition, providing adequateventilation, a healthful temperature, and protection against weather extremes;

(3) daily food, free of visible contamination, that is palatable and of sufficient quantity and quality to meetthe normal nutrient requirements for the type, condition, and size of the animal; and

(4) fresh water that is always available and that is kept in a removable vessel secured to prevent tipping.

(b) Cages. A cage shall be of sufficient size to allow the occupant to stand up, lie down, and turn aroundwithout touching the side or top, with floors made of impervious material and, unless radiantly heated, equippedwith a resting board or other bedding.




§ 12-4-804. Commercial kennels.

The operator of a commercial kennel shall provide, for each dog or cat:

(1) an enclosure with four solid walls and a solid roof, with an opening on at least one side;

(2) an exercise area of sufficient size to allow running, with sufficient fencing and a secure locking gate;

(3) a cage of sufficient size to allow its occupant to stand up, lie down, and turn around without touchingthe sides or top, floors made of nonporous material and, unless radiantly heated, equipped with a resting board orother bedding;

(4) enclosures, cages, and exercise areas, kept clean, dry, and in a sanitary condition, providing adequateventilation, a healthful temperature, and protection against weather extremes;

(5) daily food, free of visible contamination, that is palatable and of sufficient quantity and quality to meetthe normal nutrient requirements of the type, condition, and size of the animal; and

(6) fresh water that is always available and that is kept in a removable vessel secure to prevent tipping.

(1985 Code, Art. 12, § 8-104) (Bill No. 41-01)

§ 12-4-805. Pet shops; grooming parlors.

The operator of a pet shop or a grooming parlor shall provide:

(1) water at a minimum temperature of 180 degrees Fahrenheit for washing and disinfecting cages, oranother approved method of disinfecting;

(2) cages or enclosures, made of nonporous material, that are of sufficient size to allow each animal to standup, turn around, and stretch out to its full length, and maintained in a sanitary condition with sufficient clean, drybedding for each animal;

(3) fresh water for each animal that is always available and that is kept in a removable vessel secured toprevent tipping and cleaned and disinfected daily;

(4) daily food for each animal free of visible contamination, that is palatable and of sufficient quantity andquality to meet the normal nutrient requirements for the type, condition, and size of the animal;

(5) adequate perching space for each bird; and

(6) adequate ventilation and a room temperature healthful for each species of animal.


§ 12-4-806. Petting zoos.

Cages and enclosures in a petting zoo shall be of sufficient size to allow each animal to move around with easeand shall be maintained in a sanitary condition with sufficient clean, dry bedding to prevent odor. Fresh water forthe animals in a petting zoo shall always be available. Food that is palatable and of sufficient quantity andquality to meet the normal nutrient requirements for the type, condition, and size of the animal shall be provideddaily for each animal in a petting zoo. Adequate ventilation and healthful temperature for every species ofanimal shown in a petting zoo shall be provided.

(1985 Code, Art. 12, § 8-106) (Bill No. 41-01)

§ 12-4-807. Pet care businesses.

(a) Generally. Each pet care business shall provide:

(1) an exercise area of sufficient size to allow running, with sufficient fencing and a secure locking gate,kept clean, dry, and in a sanitary condition with adequate protection against weather extremes;



(2) for overnight pet care, daily food, free of visible contamination, that is palatable and of sufficientquantity and quality to meet the normal nutrient requirements for the type, condition, and size of the animal; and

(3) fresh water that is always available and that is kept in a removable vessel secured to prevent tipping.

(b) Cages. A cage shall be of sufficient size to allow the occupant to stand up, lie down, and turn aroundwithout touching the side or top, with floors made of impervious material.

(Bill No. 44-14)

§ 12-4-808. Veterinary hospitals.

Veterinary hospitals that board animals shall meet the minimum standards required in this title for commercialkennels. These kennels shall be a separate area from those that are used to confine animals for treatment.


§ 12-4-809. Severe weather emergencies and alerts.

(a) In the event of a severe weather emergency declared by the County Executive, the Agency may issue asevere weather animal alert advising the public of certain animal safety precautions.

(b) The severe weather animal alert will be posted on the Agency’s website and social media pages, and apublic press release will be issued by the Agency.

(c) Failure to comply with § 12-4-801 or § 12-4-802(b) during a severe weather emergency declared by theCounty Executive is a Class C civil offense.

(Bill No. 19-16; Bill No. 8-18; Bill No. 89-20)

SUBTITLE 9. MISCELLANEOUS PROVISIONS§ 12-4-901. Cruelty.

(a) Scope. On notification of a possible violation of §§ 10-601 et seq. of the Criminal Law Article of the StateCode, the Agency shall:

(1) determine whether or not a probable violation has occurred;

(2) notify the appropriate authority of the alleged violation; and

(3) recommend or take action necessary to rectify the situation.

(b) Seizure. Subject to the limitations contained in § 10-615(f) of the Criminal Law Article of the State Code,and as necessary for the health of the animal or to protect the animal from cruelty, an Agency officer, authorizedagent of the Agency, police officer, or other public official required to protect animals may seize, remove, orimpound an animal that:

(1) does not have access to sufficient food or water;

(2) is subjected to cruelty; or

(3) is abused or neglected as defined in § 10-604 of the Criminal Law Article of the State Code.

(c) Surrender of animals. Any person charged under §§ 10-604 through 10-618 of the Criminal Law Articleof the State Code shall immediately surrender to the Agency all animals in the person’s ownership or custody.

(d) Notice. If an animal is seized or surrendered under this section, the owner of the animal shall be servedwith written notice that advises that a written petition for return of the animal may be filed with the Commissionwithin 10 days of service of the notice.



(e) Unidentified owner. If the owner of an animal seized or surrendered under this section cannot beidentified after reasonable efforts by the Agency, the animal shall be deemed unwanted or unredeemed, and finaldisposition shall be made as provided in this title.

(f) Petition. The owner of an animal seized or surrendered pursuant to this section may file a petition inwriting for the return of the animal with the Commission within 10 days of service or posting of the notice. Atleast 10 days prior to the hearing, the Agency shall provide written notice to the owner of the specificallegations, and the date, time, and location of the hearing. If the owner fails to file a petition with theCommission within 10 days of being served with the notice, the animal shall be deemed unwanted orunredeemed and final disposition shall be made as provided in this title.

(g) Commission hearing. The hearing before the Commission shall be governed by § 12-4-206. The Agencyshall establish a violation of this section by a preponderance of the evidence. If the petitioner fails to appear atthe hearing, the petition shall be dismissed and the animal shall be deemed unwanted or unredeemed as providedin this title.

(h) Chief’s determination. If the Chief determines that prohibiting the owner of the animal from redeemingthe animal is necessary for the health of the animal or is necessary to protect the animal from cruelty, the Agencyshall deem the animal unwanted or unredeemed and may dispose of the animal as permitted in § 12-4-505(b).

(i) Care for seized or surrendered animals. Any animal seized by or surrendered to the Agency under thissection shall be maintained, or humanely euthanized if unable to be maintained, by the Agency at the expense ofthe owner.


§ 12-4-902. Keeping of wild animals, exotic animals, and vicious animals prohibited.

(a) Prohibition. A person may not keep or permit to be kept on the person's premises any wild animal, exoticanimal, or vicious animal as a pet or for display or exhibition purposes, whether gratuitously or for a fee. Smallanimals such as hamsters, gerbils, guinea pigs, mice, rats, other small rodents, rabbits, ferrets, birds, fish, andnonpoisonous amphibians and reptiles are not considered wild animals or exotic animals. The keeping of skunks,raccoons and opossums is illegal.

(b) Public contact. The collection of animals on any premises whereby the public is permitted or encouragedto have physical contact with animals on display, but not including pet shops, is prohibited. This section does notapply to zoological parks, and performing animal exhibitions or circuses if the animal exhibitions or circuses arelicensed under the provisions of § 12-4-806 and § 11-2-401 of this Code.

(c) Exclusion. The prohibitions of this section do not apply to a wild animal or exotic animal owned,maintained, or kept on premises before September 5, 1980 if a permit for the animal was issued by the Agencynot later than November 4, 1980, but the prohibitions apply to the offspring of the animals. The provisions ofthis section do not apply to any wild or exotic animal or its owner if such animal or owner is specificallyregistered or licensed under express provisions of a federal or State statue or regulation enacted or adopted forthe purpose of animal regulation and protection.

(1985 Code, Art. 12, § 9-102) (Bill No. 41-01)

§ 12-4-903. Creating public nuisance or public nuisance condition prohibited.

The owner of an animal may not permit the animal to be a public nuisance or to cause a public nuisancecondition.

(1985 Code, Art. 12, § 9-103) (Bill No. 41-01)

§ 12-4-904. Animal disturbance prohibited.

A person who owns, keeps, or has possession of an animal may not permit the animal to disturb the quiet of aperson or the neighborhood.



(1985 Code, Art. 12, § 9-104) (Bill No. 41-01)

§ 12-4-905. Animals running at large prohibited.

(a) Scope. This section does not apply to an eartipped community cat.

(b) Prohibition. A domesticated animal may not be at large. An owner of an animal at large is in violation ofthis section.

(c) Reporting. A person who is aware of an animal running at large shall report the condition to the Agencyby telephone.

(d) Pursuit. An Agency officer or an authorized representative of the Agency may pursue an animal runningat large on public property or on the exterior premises of private property.

(e) Exceptions. An animal is not at large for the purposes of this section if:

(1) the animal is actively engaged in search and rescue operation training or the sport of hunting or otherlegal dog sport or competition in authorized areas while supervised by a competent individual;

(2) the animal is undergoing supervised training as part of an organized obedience class and the owner ofthe animal is in possession of written permission to engage in the training on the property from the landowner orthe landowner’s agent or lessee;

(3) a dog is in a dog exercise area designated by the Anne Arundel County Department of Recreation andParks as an “off-leash dog park” and is under the supervision of the dog’s owner; or

(4) a dog is in a secured dog exercise area designated by the property owner, homeowner’s association,condominium, or cooperative as an “off-leash dog park.”

(f) Exclusions. For the purposes of this section the common area of a homeowner’s association,condominium, or cooperative is not the owner’s property.


§ 12-4-906. Animals prohibited on school grounds and in public recreation areas.

(a) Prohibition. Without permission of the proper authorities, the owner of an animal may not permit theanimal to be on a school ground on a day when school is in session or in a public recreation area where anorganized activity is being conducted unless the animal is controlled by a leash or similar restraining device orthe presence of the animal is associated with an organized activity such as a dog show.

(b) Violation. An Agency officer is authorized and directed upon observing an unrestrained animal uponschool grounds or in a public recreation area or upon receiving the sworn affidavit of an individual having madesuch observation to issue a written notice of violation of this section to the owner of the animal. In the absenceof an Agency officer, a law enforcement officer may issue the notice.


§ 12-4-907. Stray dogs and cats to be surrendered to County.

An individual who finds a stray dog or cat shall deliver the dog or cat to an Agency facility or to an Agencyofficer or an authorized representative of the Agency within 24 hours after finding the dog or cat. This sectiondoes not apply to an individual who traps a community cat as part of a trap-neuter-return.


§ 12-4-908. Intact dog or cat.

Whenever a dog or cat is intact, the owner of the intact animal shall prevent opportunity for reproductivecontact with dogs or cats off the owner’s property.




§ 12-4-909. Removal of animal excreta.

A person shall remove excreta deposited by an animal owned by that person on public walks, recreation areas,or private property other than the owner's.

(1985 Code, Art. 12, § 9-109) (Bill No. 41-01)

§ 12-4-910. Disposal of animal carcasses and sick animals.

The owner of a dead animal may not deposit or leave the animal on public property or the property of anotherperson. Dead animals shall be promptly disposed of by cremation, burial, or other sanitary means. On request,the Agency shall pick up dead dogs, cats, and other small domestic animals for disposal for a fee not to exceedthe actual cost of the disposal. In addition to other assigned duties, an Agency officer or an authorizedrepresentative of the Agency shall collect dead animals found on public grounds or County roads and dispose ofthe carcasses and destroy critically sick and injured animals found on public property or on the request of theowner of the animal.


§ 12-4-911. Reporting of sale or disposition of animals.

The holder of a commercial kennel license shall notify the Agency in writing of the names and addresses ofpersons who buy or otherwise receive dogs from the kennels within two weeks of the sale or disposition. Theholder of a pet shop license shall notify the Agency in writing of the names and addresses of persons who buy orotherwise receive dogs within two weeks of the sale or disposition.

(1985 Code, Art. 12, § 9-111) (Bill No. 41-01)

§ 12-4-912. Adopted animals – spaying or neutering fees; waiver of fees.

(a) Scope. This section does not apply to animals purchased from pet shops, commercial kennels, or othercommercial establishments.

(b) Conditions for adoption. An animal may not be adopted from an Agency facility except on:

(1) approval by the Chief at the Chief’s discretion;

(2) execution of any adoption contract established by the Chief; and

(3) provision for spaying or neutering of the animal as provided in subsection (c).

(c) Spaying and neutering. Each animal adopted from an Agency facility or a private, nonprofit animalshelter operated by a humane society or association shall be spayed or neutered:

(1) by a licensed veterinarian at the expense of the adopter within 30 days of adoption or such other date asspecified in the adoption agreement under the authority of the Chief or the shelter operator; or

(2) if the animal is adopted from an Agency facility, as provided for by the Chief before the adoption.

(d) Expenses. If the adopter provides for the spaying or neutering of the animal under subsection (c)(1), theadopter shall provide evidence of the spaying or neutering as required by the Police Department or the shelteroperator.

(1985 Code, Art. 12, § 9-112) (Bill No. 67-87; Bill No. 71-93; Bill No. 41-01; Bill No. 11-07; Bill No. 72-12;Bill No. 49-14; Bill No. 11-16; Bill No. 89-20)

§ 12-4-913. Reckless animal owner.

(a) Reckless animal owner designation.



(1) Any person who is found guilty of violating the provisions of this article three or more times fromseparate incidents within a 24 month period may be designated by the Chief as a reckless animal owner.

(2) For the purposes of this section, a person is considered to be found guilty of violating the provisions ofthis article if the person is found guilty, is placed on probation before judgment, or pays a civil fine for aviolation of this article, or owns an animal designated by the Agency as potentially dangerous, dangerous, orvicious within the preceding 24 months.

(b) Notice. Upon designation by the Chief, the Agency shall issue a written notice to the reckless animalowner that includes:

(1) the name and address of the reckless animal owner;

(2) a description of the circumstances that led to the designation;

(3) the name, description, and license number, if any, of any animals owned or in the custody of the recklessanimal owner; and

(4) notice of the right to appeal the designation.

(c) Appeal. A person designated as a reckless animal owner may appeal the designation by filing a writtennotice of appeal with the Commission within 10 days of service of the reckless animal owner notice.

(d) Commission hearing. The hearing before the Commission shall be governed by § 12-4-206. The Agencyshall establish a violation of this section by a preponderance of the evidence. If the petitioner fails to appear atthe hearing, the appeal shall be dismissed.

(e) Prohibition. An owner designated as a reckless animal owner may not own, keep, possess, or harbor anyanimal for four years from the date of the designation, all licenses issued under § 12-4-702 to the reckless animalowner shall be revoked, all animals owned or in the custody of the reckless animal owner shall be impoundedand seized by the Agency and shall be immediately considered unwanted or unredeemed.

(Bill No. 89-20)

SUBTITLE 10. CIVIL PENALTIES§ 12-4-1001. Civil penalties.

A person who violates an order issued under §§ 12-4-401 et seq. is subject to a civil fine of $250 for the firstoffense and $500 for each subsequent offense. Otherwise, a person who violates any provision of this title issubject to civil fines as provided in § 9-2-101 of this Code. Each day that a violation continues constitutes aseparate offense. The Chief may enforce the provisions of this title through injunctive proceedings or any otherappropriate actions.


State Code reference – Local Government Article, § 10-202.

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