Full Statute Name:  West's Annotated Code of Maryland. Business Regulation. Title 19. Miscellaneous State Business Regulation. Subtitle 1. General Provisions. § 19-105. Sales or other transfers of dogs or cats at public places

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Primary Citation:  MD Code, Business Regulation, § 19-105 Country of Origin:  United States Last Checked:  November, 2018 Alternate Citation:  MD BUS REG § 19-105 Date Adopted:  2016
Summary: This 2016 law states that a person may not offer for sale, sell, offer to transfer, transfer, barter, trade, or auction a dog or cat at any public place, including a street, parking lot, carnival, swap meet, or fair, among others. The act does not apply to an animal welfare organization or animal control unit displaying dogs or cats for adoption or a prearranged sale of a dog by a dog breeder if not a recurring event. Violation results in a $500 civil penalty for a first violation, a $1,000 civil penalty for a second violation, and a civil penalty for a $1,500 for a third or subsequent violation.

Application of section

(a) This section does not apply to:

(1) an animal welfare organization or animal control unit displaying dogs or cats for adoption or the adoption of dogs or cats from an animal welfare organization or animal control unit; or

(2) a dog breeder and a specific individual purchaser conducting a prearranged sale of a dog if the location of the prearranged sale is not at a regularly scheduled or recurring event.

Prohibition

(b) A person may not offer for sale, sell, offer to transfer, transfer, barter, trade, or auction a dog or cat at any public place, including:

(1) a street;

(2) a highway;

(3) a public right-of-way;

(4) a public parking lot;

(5) a carnival;

(6) a boardwalk;

(7) a swap meet;

(8) a fair; or

(9) a flea market.

Enforcement

(c) An animal control officer under the jurisdiction of the State or a local governing body and an officer of a society or association, incorporated under the laws of the State for the prevention of cruelty to animals, authorized to make arrests under § 10-609 of the Criminal Law Article may enforce subsection (b) of this section.

Penalty

(d) A person who violates this section is subject to:

(1) for a first violation, a civil penalty not exceeding $500;

(2) for a second violation, a civil penalty not exceeding $1,000; and

(3) for a third or subsequent violation, a civil penalty not exceeding $1,500.

Credits
Added by Acts 2016, c. 572, § 1, eff. June 1, 2016; Acts 2016, c. 573, § 1, eff. June 1, 2016.

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