(A) Pursuant to Chapter 634 of the Laws of Maryland 1984, being § 2-2-29 of the Frederick County Code, any violation of any of the provisions of this entire chapter, which is Chapter 1-5 entitled “Animals and Fowl” is a civil infraction and shall be called a civil animal infraction. If, after investigation, a civil animal infraction is believed to exist, the Frederick County Director of Animal Control or his authorized agent shall deliver a citation or warning to the animal owner and others responsible for the infraction. If the Director or his authorized agent is unable to locate the owner personally, the Director or authorized agent may post the citation or warning in a conspicuous place on the property of the owner and mail a copy of same to the person, which shall be sufficient for delivery under this section.
(B) The citation or warning, as provided for in this section, shall be in writing and shall contain the following:
(1) The name and address of the person charged or warned;
(2) The nature of the violation;
(3) The location of the violation;
(4) The date(s) of the violation;
(5) The amount or potential amount of the fine assessed;
(6) The manner, location and time in which the fine may be paid, or violation corrected, if applicable;
(7) The person’s right to stand trial for the violation if applicable;
(8) A certification by the Director or authorized agent attesting to the truth of the matters set forth.
(C) Whenever an alleged or possible civil animal infraction comes to the attention of the Animal Control Director, the following procedures shall apply:
(1) The Director of Animal Control will investigate whether an infraction has occurred;
(2) If the Director finds that an infraction has occurred, he will issue a warning to the person(s) responsible in the form and manner as outlined in this section, with a reasonable time stated to abate or to prevent future infractions;
(3) If the infraction continues or is allowed to occur after the reasonable time stated, the Director will issue a citation to the person(s) responsible in the form and manner as outlined in this section. Notwithstanding the provision of step (2) above, the Director may issue a citation at step (2) without the prior issuance of a warning.
(D) A fine of $50 is hereby imposed upon any person responsible for a civil animal infraction for the first violation. A fine of $75 will be imposed for the second violation and a fine of $100 will be imposed for the third violation or any subsequent violation. Each day such violation is permitted to exist shall be considered a separate infraction. All fines shall be payable to the Treasurer of Frederick County, Maryland, in the office of the Animal Control Center.
(E) A person who receives a citation may elect to stand trial for the offense by filing with the Director of Animal Control a notice of intention to stand trial. The notice shall be given at least 10 days before the date of payment of the fines as set forth in the citation. Upon receipt of the notice of intention to stand trial, the Director shall forward to the district court of Frederick County, Maryland, a copy of the citation and the notice of intention to stand trial. Upon receipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties, or forfeitures collected by the district court for any civil animal infractions shall be remitted to the Treasurer of Frederick County, Maryland.
(F) If a person who receives a citation for an infraction fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial, a formal notice of the infraction shall be sent to the person’s last known address. If the citation is not satisfied within 15 days from the date of the notice, the person shall be liable for double the amount of the initial fine levied for each infraction. If after 35 days the citation is not satisfied, the Director may request adjudication of the case through the district court by the filing of civil judgment procedures.
(G) Adjudication of an infraction under this subsection is not a criminal conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(H) In a proceeding before the district court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Md. Code Ann., Local Government Article, Title 6. However, the County Attorney is hereby authorized to prosecute all civil animal infractions under this section.
(I) If a person is found by the district court to have committed a civil animal infraction, that person shall be liable for costs of the proceedings in the district court.
(J) Depending on the circumstances of each case and after consultation with the County Attorney, the Director has the discretionary authority to reduce or suspend all or a portion of the fine payable through the animal control office.
(K) Nothing contained in this section shall prohibit or prevent the Director of Animal Control, or any one else, from seeking other legal remedies, such as injunctions or criminal prosecution.
(M) The fines specified in this section can be modified at any time by resolution of the county governing body, after a duly advertised public hearing.
(Ord. 94-24-119, 11-15-1994; Ord. 00-01-243, 2-1-2000; Ord. 14-23-678, 11-13-2014)