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The burden of proof of the fact that an animal or establishment has been licensed or is otherwise not required to be licensed shall be on the owner of the animal or the owner of the establishment.
(1985 Code, Art. 12, § 7-113) (Bill No. 41-01; Bill No. 79-13; Bill No. 44-14; Bill No. 89-20)
SUBTITLE 8. STANDARDS FOR CARE AND KEEPING OF ANIMALS
(a) Tethering of dogs prohibited; exceptions. A person may not tether, fasten, chain, tie, or restrain a dog, to a shelter, tree, fence, or any other stationary object, except a dog may be tethered, fastened, chained, or tied with a chain, rope, line, or similar restraint that shall be at least 10 feet long, to allow a person to complete a temporary task that requires the dog to be restrained or to allow the dog to eliminate or exercise. Except for one 15 minute period per day, a dog may not be tethered, fastened, chained, or tied outdoors by any means unless a person, thirteen years of age or older, is outdoors, on the same property, with a direct line of sight to the dog at all times while the dog is tethered, fastened, chained, or tied outdoors. A person may not cause, procure, or authorize an act prohibited under this subsection. A dog may not be tethered, fastened, chained, or tied outdoors by any means if the outdoor temperature is 32 degrees Fahrenheit or lower or 90 degrees Fahrenheit or higher. This subsection may not be construed to prohibit a person from exercising or otherwise holding a dog with a leash. A person may not tether or connect a dog to a chain, roped, line, or similar restraint in a manner that endangers the health, safety or well being of the dog or allow the restraint to wrap or tangle around a neck or limb of the dog.
(b) Shelter and separate shade required for dogs outdoors. In accordance with the following provisions, for each dog confined outdoors, an owner shall provide:
(1) a source of natural or artificial shade separate from the shelter and of sufficient size to protect the 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 the dog 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 cold temperatures and inclement weather and installed so as to allow movement in and out of the shelter or be offset to 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 the sides or top;
(ix) be equipped with bedding made of non-absorbent material and provided in sufficient quantity for insulation against cold and moisture; and
(x) along with surrounding areas, be kept clean, sanitary, and free of garbage, junk, fecal matter, or similar matter at all times.
(c) Additional area required for dogs outdoors. This subsection does not apply to any pen, run, or enclosure constructed under a potentially dangerous order or dangerous order issued prior to August 4, 2018. In addition to the shelter and separate shade requirements of this section, for each dog confined outdoors within an outdoor enclosure, pen, or enclosed run, an owner shall provide adequate space for exercise consistent with the following requirements.
(1) Dogs less than 80 pounds shall have a minimum of a 10 foot by 10 foot enclosure, or 100 square feet of space.
(2) Dogs 80 pounds or more shall have a minimum of a 10 foot by 15 foot enclosure, or 150 square feet of space.
(3) An additional 50 square feet of space shall be added for each additional dog less than 80 pounds to be kept 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 be kept in the enclosure or pen.
(5) The enclosure, run, or pen and the surrounding areas shall be kept clean, sanitary, and free from any garbage, junk, fecal matter, or similar matter.
(d) Enclosure for animals outdoors other than dogs. An enclosure shall be provided for any animal other than 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 surface reasonably dry and prevent any fluids from running into the shelter or has a solid and level floor raised at least two inches off the ground;
(iv) has a waterproof roof and at least three solid walls, with an entryway to allow the animals ease of entry;
(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 length and 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 feet wide;
(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 must be 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, trash and 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 to protect 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 running through the enclosure, except for the flow of natural streams or stormwater conveyed by an approved stormwater management system; and
(vi) is bounded by a fence or other appropriate barrier designed, constructed, and maintained to keep the enclosed 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 walls and a roof, be ventilated, constructed to be raised two feet from the ground, have a minimum of three square feet per chicken, have secure door or gate closures, attached bottoms or anti-digging devices to prevent escape, and be 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 standards more 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 month between October 15 and April 30 or for longer than seven days between May 1 and October 14. A manure pile on a lot less than 40,000 square feet may not be allowed to stand for more than seven days.
(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; Bill No. 68-21)
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 and 4 of Bill No. 70-18 this was in effect from November 10, 2018 until January 1, 2019.
(a) In general. Animals shall be provided with daily food and with water at all times. Food and water shall be free of visible contamination. Food shall be wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements to maintain the healthy weight and overall health and well-being of the animal.
(b) Pets kept outdoors. In addition to the general requirements of this section, for all pets that are kept outdoors, water shall be fit to drink and may not be frozen. Food and water shall also be kept in containers secured to prevent tipping.
(c) Veterinary care. An owner of an animal may not unnecessarily fail to provide the animal with necessary veterinary 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)
(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 adequate ventilation, 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 meet the 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 around without touching the side or top, with floors made of impervious material and, unless radiantly heated, equipped with a resting board or other bedding.
(1985 Code, Art. 12, § 8-103) (Bill No. 29-91; Bill No. 41-01)
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 touching the sides or top, floors made of nonporous material and, unless radiantly heated, equipped with a resting board or other bedding;
(4) enclosures, cages, and exercise areas, kept clean, dry, and in a sanitary condition, providing adequate ventilation, 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 meet the 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)
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, or another approved method of disinfecting;
(2) cages or enclosures, made of nonporous material, that are of sufficient size to allow each animal to stand up, turn around, and stretch out to its full length, and maintained in a sanitary condition with sufficient clean, dry bedding for each animal;
(3) fresh water for each animal that is always available and that is kept in a removable vessel secured to prevent tipping and cleaned and disinfected daily;
(4) daily food for each animal free of visible contamination, that is palatable and of sufficient quantity and quality 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.
(1985 Code, Art. 12, § 8-105) (Bill No. 29-91; Bill No. 41-01)
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