Full Statute Name:  West's Annotated Code of Maryland - Local Government - Division III. Counties [Titles 9-15] - Title 13. Other Powers of Counties--Regulatory - Subtitle 1. Regulation of Animals - Part II. Local Provisions

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Primary Citation:  MD Code, Local Government, § 13-115 (Formerly cited MD CODE, Art. 24, § 11-510 ) Country of Origin:  United States Last Checked:  January, 2015
Summary: Repealed in 2013. This Maryland statute provides that any dog found running at large without the proper license tag attached is considered a nuisance and is subject to seizure, detention and destruction.  When the dog warden is not able to catch a dog running at large without a license tag, the dog may be shot or otherwise killed.  The County Commissioners may provide by ordinance that owners of dogs may not permit the dog, whether licensed or unlicensed, to run at large, after a petition signed by a majority of residents has been submitted.  Dogs seized under this provision are kept for 72 hours; thereafter, the owner loses ownership rights and is subject to sale after an additional holding period.  Any dog seized and not redeemed within 120 hours from time of its seizure may be killed by the dog warden or one of his or her duly authorized deputies.
Statute Text: 
 

§ 13-115. Calvert County

Dog and kennel licenses
(a)(1) The County Commissioners of Calvert County shall set the fees for dog licenses in Calvert County.

(2) Before establishing or altering a license fee, the county commissioners shall advertise the proposed fee for 2 successive weeks in at least two newspapers of general circulation in the county.

(3) A license expires 1, 2, or 3 years after the date of issue, as specified by county law.

Dog tags
(b)(1) In Calvert County, the county tax collector shall issue a tag with each dog license to a person owning or keeping a dog when the person pays the license fee for the dog.

(2) The County Commissioners of Calvert County shall prepare and supply tags to the county tax collector each year.

(3) The tags shall be:

(i) composed of metal;

(ii) imprinted with a serial number corresponding to the number on the license issued to the owner;

(iii) imprinted with the calendar year for which the tag is issued;

(iv) 2 inches or less in length; and

(v) equipped with a substantial metal fastener.

(4) The county commissioners shall change the general shape of the tags each year.

(5) Tags supplied to owners of kennels shall contain the word “kennel”.

(6) The county tax collector shall replace a lost tag on:

(i) application by the person to whom the original license was issued;

(ii) the production of the license; and

(iii) payment of a fee of 50 cents.

Regulation and enforcement
(c)(1) The County Commissioners of Calvert County may adopt rules and regulations for:

(i) issuing dog licenses;

(ii) keeping records of dog licenses;

(iii) enforcing the rules and regulations; and

(iv) any other matter concerning dogs the county commissioners consider necessary for the public health, safety, and welfare.

(2) The county commissioners may:

(i) by ordinance, provide for the regulation, humane treatment, and keeping of domestic animals;

(ii) by resolution, provide for the quarantine of all dogs in the county if the county commissioners determine that quarantine is necessary for the public health, safety, and welfare; and

(iii) by ordinance, provide a penalty for a violation of an ordinance enacted under this subsection of imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both.

(3) A fine imposed in accordance with an ordinance enacted under this subsection shall be paid to the Calvert County Treasurer.

Animal Matters Hearing Board
(d)(1) The County Commissioners of Calvert County may create an Animal Matters Hearing Board to resolve disputes and controversies arising under animal control ordinances adopted under subsection (c) of this section.

(2) The county commissioners may authorize an Animal Matters Hearing Board to:

(i) issue a subpoena to compel parties in a dispute to appear before the Board;

(ii) assess a civil penalty not exceeding $1,000 for a violation of an ordinance adopted under subsection (c) of this section; and

(iii) collect a civil penalty imposed under this paragraph.

Animal shelters
(e)(1) The County Commissioners of Calvert County may construct or lease, operate, and maintain an animal shelter in the county.

(2) The county shall pay for the animal shelter and its operation.

(3) The county commissioners may enter into agreements with adjacent counties to establish an animal shelter to serve the counties.

Dogs at large
(f)(1)(i) A dog running at large in Calvert County without the proper license tag attached is a nuisance and is subject to seizure, detention, and euthanasia.

(ii) Whenever possible, the animal control officer or deputy animal control officer shall seize and impound a dog found running at large in the county without the proper license tag attached.

(iii) If an animal control officer or a deputy animal control officer is not able to catch a dog running at large in the county without a proper license tag, the animal control officer or deputy animal control officer may shoot or otherwise kill the dog.

(2)(i) The County Commissioners of Calvert County, by ordinance, may provide that an owner of a dog may not allow the dog, whether licensed or unlicensed, to run at large within a platted subdivision or district zoned residential if:

1. a petition requesting the ordinance is submitted to the county commissioners and signed by a majority of the residents of the platted subdivision or district zoned residential, with a designation of the boundary limits of the specific area; and

2. the county commissioners advertise the proposed ordinance and a public hearing on the ordinance for 2 successive weeks in two newspapers of general circulation in the county.

(ii) The county commissioners shall designate the boundary limits of each area affected as part of any ordinance enacted under this paragraph.

(3)(i) A dog impounded under this section shall be held for its owner for 72 hours.

(ii) A dog shall be released to its owner or an agent of the owner during the 72 hours if the owner or agent:

1. provides satisfactory proof of ownership;

2. pays the fee that the county commissioners set to cover the costs of seizing and impounding the dog; and

3. presents a proper license for the dog.

(4)(i) If a dog impounded under this subsection is not redeemed by its owner within 72 hours:

1. the owner forfeits all rights of ownership to the dog;

2. the dog becomes the property of the county; and

3. the dog shall remain impounded for at least an additional 48 hours.

(ii) During the additional 48 hours, any person may obtain ownership of the dog by paying the fee for the costs of seizing and impounding the dog and by purchasing a license for the dog.

(5) An animal control officer or a deputy animal control officer may euthanize, in the most humane manner possible, a dog impounded under this subsection that is not redeemed within 120 hours from the time of its seizure.

Credits
Added by Acts 2013, c. 119, § 2, eff. Oct. 1, 2013.
Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2013, c. 119):

This section is new language derived without substantive change from former Art. 24, §§ 11-510, 11-501(b), 11-503(b), and 11-504(p) and (q) and, as it related to Calvert County, § 11-503(a).

In subsection (c) of this section, the former phrase “[i]n addition to and not in substitution of any powers granted under this subtitle” is deleted as surplusage.

In subsection (c)(1)(iii) of this section, the former reference to “convenient and effective” enforcement is deleted as surplusage.

In subsection (e)(1) of this section, the former reference to operating and maintaining an animal shelter “for” the county is deleted as implicit in the reference to a shelter “in” the county.

In subsection (f) of this section, the reference to “deputy animal control officer” is substituted for the former reference to “duly authorized deputies” to reflect more modern terminology.

In subsection (f)(1)(iii) and (3)(ii)3 of this section, the references to a “proper” license tag are added to conform to other references to license tags in this section.

In subsection (f)(2)(i) of this section and throughout this subtitle, the former references to a dog not running at large “except when it is under the control of the owner or an authorized agent of the owner by leash, cord, or chain” is deleted in light of the meaning of “running at large”.

In subsection (f)(3)(ii) of this section, the former reference to an “authorized” agent of the owner is deleted as unnecessary.

In subsection (f)(4) and (5) of this section, the references to a dog “impounded under this subsection” are added for clarity.

Defined terms: “Person” § 1-101

“Tax collector” § 1-101

 
 
Repealed by Acts 2013, c. 119, § 1, eff. Oct. 1, 2013
Former Text

(a) The provisions of this section are applicable only in Calvert County.

(b) Any dog found running at large without the proper license tag attached in accordance with the provisions of this subtitle is a nuisance and is subject to seizure, detention and destruction. The dog warden or his duly authorized deputies, whenever possible, shall seize and impound any dog found running at large without the proper license tag attached. When the dog warden or his duly authorized deputies are not able to catch a dog running at large without a license tag, they may shoot or otherwise kill the dog.

(c) The County Commissioners may provide by ordinance that owners of dogs may not permit the dog, whether licensed or unlicensed, to run at large within the confines of any platted subdivision or district zoned residential, except when the dog is under the control of the owner or an authorized agent of the owner by leash, cord or chain. However, a petition requesting such an ordinance shall be submitted to the County Commissioners and signed by a majority of the residents of the platted subdivision or district zoned residential, with a designation of the boundary limits of the specific area. Further, the County Commissioners, after advertising the proposed ordinance and a public hearing on that ordinance for 2 consecutive weeks in 2 newspapers of general circulation in Calvert County, shall designate the boundary limits of each area as part of any enacted ordinance.

(d) Any dog seized and impounded shall be held for its owner for a period of 72 hours. During this period any dog seized shall be released to the owner, or his duly authorized representative, upon satisfactory proof of ownership, tender of a fee in whatever amount the County Commissioners determine for the costs of seizure and impounding, and upon presentation of the license for the dog.

(e) Any owner who does not redeem his dog within 72 hours forfeits all rights of ownership and the dog shall be the property of Calvert County. The dog shall remain impounded for an additional 48 hours, during which time any person desiring may obtain ownership of the dog by tendering the fee for the costs of seizure and impounding and by purchasing a license.

(f) Any dog seized and not redeemed within 120 hours from time of its seizure may be killed by the dog warden or one of his duly authorized deputies. If it is killed, it shall be killed in the most humane manner possible.

(g) Whenever the County Commissioners are of the opinion that the health, welfare and safety of the citizens of Calvert County require, the Commissioners by resolution may provide for the quarantine of all dogs, and they may make whatever further rules and regulations concerning dogs they deem necessary.

(h) The County Commissioners may make from time to time all necessary rules and regulations for the sale of dog licenses, the keeping of records of those licenses, and the convenient and effective enforcement of these provisions.

 

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