Sec. 5-104. Animal Matters Hearing Board.

   (a)   Jurisdiction.

      (1)   As provided in this Chapter, the Animal Matters Hearing Board has jurisdiction to hear:

         (A)   original complaints involving allegations of violations of this Chapter or a violation of the terms of an adoption agreement; and

         (B)   appeals from any decision or order of the Executive Director.

      (2)   The Board must not enter an order that conflicts with a decision of the County Circuit or District Court.

      (3)   The Board must not hear a complaint or an appeal involving the seizure of an animal if the owner has been arrested and charged with violating any provision of Title 10, Subtitle 6 of the Criminal Law Article or Section 21-1004.1 of the Transportation Article of the Maryland Code until the charges have been finally resolved by the court with jurisdiction.

   (b)   Complaints. A person may file a complaint with the Board alleging a violation of this Chapter or a violation of an animal shelter adoption contract. A complaint must be filed within one year after the alleged violation occurred.

   (c)   Membership.

      (1)   The Animal Matters Hearing Board consists of 7 members appointed by the County Executive and confirmed by the County Council. The Board must include:

         (A)   a representative of licensed animal fanciers;

         (B)   a representative of the County Humane Society; and

         (C)   5 public members.

      (2)   The Executive may remove a member who misses three meetings during a fiscal year without permission of the Chair.

      (3)   Each member serves for 3 years or until a successor takes office, whichever is later. A person appointed to fill a vacancy fills the remainder of the predecessor’s term.

      (4)   The Board must elect a Chair each year from among its members.

   (d)   Duties. The Board must:

      (1)   decide complaints and appeals under this Chapter, including complaints alleging a violation of an animal shelter adoption contract;

      (2)   recommend standards to maintain regulated facilities; and

      (3)   report annually to the Executive and Council on the Board’s activities and any recommendations for improving animal control laws, regulations, and programs.

   (e)   Authority. The Board may:

      (1)   Order the Executive Director to seize, impound, destroy, or take any other action the Board decides is necessary regarding an animal that is suffering cruelty, dangerous or potentially dangerous, or causing a public nuisance or other violation of this Chapter.

      (2)   Specify conditions under which an owner may keep an animal that the Board finds has suffered cruelty, is dangerous or potentially dangerous, or caused a public nuisance or other violation of this Chapter.

      (3)   Require an owner to forfeit an animal to the County or prohibit the owner from harboring an animal in the County.

      (4)   Impose conditions on an owner harboring other animals in the County.

      (5)   Revoke or suspend a facility’s license for a violation of this Chapter.

      (6)   Appoint a person to mediate a case if the owner and each complainant (which may include the Office) agree. A consent order resulting from mediation is an order of the Board. If the mediator or the Board finds that the parties are not likely to agree to a mediated consent order within a reasonable time, the Board must decide the case.

      (7)   Order the owner of an animal to pay actual damages (including medical or veterinary expenses) not exceeding $1,000 to a person injured or aggrieved by the animal’s actions or behavior. This limit applies separately to each incident resulting in a violation of an animal control law.

      (8)   In a case based on a complaint or appeal, the Board, in addition to ordering the payment of damages, may order the losing party to pay filing fees or other reasonable hearing-related expenses.

   (f)   Procedures. Hearings on Original Complaints.

      (1)   The Administrative Procedures Act (Chapter 2A) applies to the Board’s hearings and decisions, unless otherwise expressly provided in this Chapter. The Board may issue procedural rules to implement this subsection. The Board may hold an emergency hearing under Section 2A-9.

      (2)   Except as provided in Section 2A-9, the Board must provide notice of any hearing to the parties at least 15 days before the hearing. The parties may agree to a shorter notice period. The Board may provide notice by first class mail, which is effective 3 days after the notice is placed in the mail, postage prepaid, to the last known address of the person to whom the notice is addressed.

   (g)   Fee. The Executive may set by regulation a fee for filing a complaint with the Board. The filer must pay the fee to the Office. The Board or the Animal Control Officer may waive the filing fee in response to a written request. If the parties agree to a consent order after mediation, the Board may refund the filing fee.

   (h)   Support. The Chief Administrative Officer must provide the services and County facilities that are reasonably necessary for the Board to perform its duties. The County Attorney must provide legal counsel to the Board. The Chief Administrative Officer may employ or retain a veterinarian to furnish technical expertise as the Board needs. (1999 L.M.C., ch. 10, § 1; 2001 L.M.C., ch. 2, § 1; 2005 L.M.C., ch. 22, § 1; 2005 L.M.C., ch. 24, § 1; 2016 L.M.C., ch. 12, § 1; 2020 L.M.C., ch. 18, §1.)

   Editor’s note—Section 5-104 is cited in Montgomery County v. Post, 888 A.2d 1224 (2005), regarding the standard of review in administrative appeals.

   See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities. See County Attorney Opinion dated 2/27/00 explaining that the term “veterinary technician” does not require a person to be registered with the State Board of Veterinary Medical Examiners. See County Attorney Opinion dated 4/13/99-A discussing what should occur when an Ethics Commission member holds over as a result of the Council not having confirmed a newly appointed member. (Opinion refers to former § 5-9.)

Sec. 5-105. Animal Services Advisory Committee.

   (a)   Definitions. In this Section the following words have the meanings indicated:

   Animal means as defined in Section 5-101.

   Committee means the Animal Services Advisory Committee.

   Office means the Office of Animal Services.

   (b)   Established. There is an Animal Services Advisory Committee. The Executive must appoint the members of the Committee subject to confirmation by the Council.

   (c)   Composition and terms of members.

      (1)   The Committee has 11 voting members and 3 ex officio non-voting members.

      (2)   The Executive should appoint:

         (A)   1 licensed veterinarian with pet and wildlife experience;

         (B)   1 person with expertise in animal or pet behavior;

         (C)   1 person with experience in recruiting, training, and retaining volunteers;

         (D)   1 person designated by the Montgomery County Partners for Animal Well-Being (MCPAW) or a similar organization operating in the County if MCPAW is no longer operating in the County;

         (E)   1 person designated by the Second Chance Wildlife Center or a similar organization operating in the County if Second Chance Wildlife Center is no longer operating in the County;

         (F)   1 person representing a non-profit organization that provides animal fostering services in the County;

         (G)   1 person representing the Montgomery County Cat Coalition or a similar organization for feral cats if the Montgomery County Cat Coalition is no longer operating in the County;

         (H)   1 person representing Friends of Montgomery County Animals (FMCA) or a similar organization operating in the County;

         (I)   1 person representing an animal rescue organization operating in the County; and

         (J)   2 public members who live or work in the County.

      (3)   Ex officio non-voting members. The Executive must appoint the following ex officio members:

         (A)   the Director of the Office or the Director’s designee;

         (B)   the lead veterinarian for the Office; and

         (C)   the budget operations manager for the Office.

      (4)   The term of each member is 3 years. After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

   (d)   Voting, officers, meetings, and compensation.

      (1)   Except the ex officio members, all members of the Committee are voting members.

      (2)   The Committee must elect a Chair and Vice-Chair from among its voting members.

      (3)   The Committee meets at the call of the Chair. The Committee must meet as often as necessary to perform its duties, but not less than 6 times each year.

      (4)   A member must serve without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

   (e)   Duties. The Committee must work with the Office to advise the Executive and the Council on issues and recommendations for:

      (1)   animal care and welfare;

      (2)   animal rescue;

      (3)   animal fostering and adoption;

      (4)   control of the animal population;

      (5)   animal bite prevention;

      (6)   zoonotic disease transmission;

      (7)   educating the public on safely coexisting with wildlife;

      (8)   best practices for animal shelters;

      (9)   recruiting volunteers for the County animal shelter; and

      (10)   the operation of the Office.

   (f)   Requests for information. The Office must respond to Committee requests for information within 30 days after the Office receives the request.

   (g)   Annual Report. By July 1 each year, the Committee must submit to the Executive and the Council an annual report on its functions, activities, accomplishments, plans, and objectives.

   (h)   Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

   (i)   Staff. The Director of the Office must provide appropriate staff to the Committee. (2022 L.M.C., ch. 4, § 1; 2023 L.M.C., ch. 21 , § 1.)

   Editor’s note—2022 L.M.C., ch. 4, §2, states: Sec. 2. Transition. Notwithstanding paragraph (d)(2), the Executive must designate the Chair and Vice-Chair until the Committee elects the Chair and Vice-Chair. The Executive must stagger the initial terms of the voting members so that the terms of approximately one-third of the members expires each year.

ARTICLE II. PROHIBITED CONDUCT.

Sec. 5-201. Cruelty.

   (a)    Violation. A person must not violate State laws against cruelty to animals, such as by:

      (1)   violating general prohibitions against cruelty (Md. Code, Criminal Law Article Title 10, Subtitle 6);

      (2)   killing a dog or cat by an inhumane method (Md. Code, Criminal Law Article § 10-611);

      (3)   abandoning a domestic animal (Md. Code, Criminal Law Article § 10-612);

      (4)   giving away animals under certain circumstances (Md. Code, Criminal Law Article § 10-610);

      (5)   selling or importing certain puppies and kittens (Md. Code, Criminal Law Article § 10-613);

      (6)   selling or coloring a chick (Md. Code, Criminal Law Article, § 10-614);

      (7)   injuring certain horses (Md. Code, Criminal Law Article § 10-620);

      (8)   killing or trapping a carrier pigeon (Md. Code, Criminal Law Article § 10-622);

      (9)   poisoning a dog (Md. Code, Criminal Law Article § 10-618);

      (10)   abuse or neglect of an animal (Md. Code, Criminal Law Article, § 10-604);

      (11)   aggravated cruelty to animals, in general, (Md. Code, Criminal Law Article, § 10-606);

      (12)   failing to take actions required for the driver of a motor vehicle that hits and injures an animal (Md. Code, Transportation Article, § 20-106); or

      (13)   leaving a cat or dog in a vehicle under certain circumstances (Md. Code, Transportation Article, § 21-1004.1).

   (b)   Regulations. The County Executive may issue regulations, consistent with State law, to interpret and implement State anti-cruelty laws in the County. (1999 L.M.C., ch. 10, § 1; 2005 L.M.C., ch. 22, § 1; 2017 L.M.C., ch. 36, §1; 2018 L.M.C., ch. 14, §1.)

   Editor’s note—Section 5-201 is cited in Coroneos v. Montgomery County, 161 Md. App. 411, 869 A.2d 410 (2005).

Sec. 5-202. Dangerous and potentially dangerous animals.

   (a)   Violation.

      (1)   Except as provided in subsection (h), a person must not import, sell, trade, buy, barter, breed, raise, keep, or possess:

         (A)   a wild animal; or

         (B)   any animal that the County or any other jurisdiction finds is dangerous or a threat to public health or safety, including types of animals excluded from State law prohibitions on dangerous animals.

      (2)   An animal is dangerous if the animal is:

         (A)   a “dangerous dog” as defined in Md. Code, Criminal Law Article § 10-619;

         (B)   any other animal that, without provocation , has killed or severely injured a person;

         (C)   an animal that poses a physical threat to humans because of specific training or demonstrated behavior, or because the animal's bite is poisonous; or

         (D)   a potentially dangerous animal that:

            (i)   bites a person without provocation;

            (ii)   attacks a person or animal without provocation; or

            (iii)   kills or severely injures a domestic animal outside the property of the potentially dangerous animal's owner.

      (3)   An animal is potentially dangerous if:

         (A)   the animal:

            (i)   bites a person without provocation;

            (ii)   kills or severely injures a domestic animal outside the attacking- animal owner’s property;

            (iii)   attacks or has unwanted contact with a person or animal without provocation; or

            (iv)   was declared by the County or another jurisdiction as potentially dangerous (even if the other jurisdiction uses a different term); and

         (B)   the Office notifies the owner that the animal is potentially dangerous.

         An animal's actions in a qualified activity do not make the animal potentially dangerous.

   (b)   Declared dangerous or potentially dangerous elsewhere. An owner of an animal declared dangerous or potentially dangerous in another jurisdiction must remove the animal from the County within 10 days after receiving a citation or other notice of a violation of this Chapter unless the Executive Director waives this requirement and imposes conditions or restrictions under subsection (d) for the animal to remain in the County.

   (c)   Limited waiver. The Executive Director may waive the prohibitions of subsections (a) or (b) for a specific animal only if the Executive Director finds that the animal is not a threat to public health or safety.

   (d)   Confinement and microchipping. The Executive Director or the Board may impose any restriction or condition, including confinement or microchipping the animal, on the owner of a dangerous or potentially dangerous animal that is reasonably expected to protect the public health or safety. A person must not release the animal from confinement unless the animal is:

      (1)   securely muzzled in a manner approved by the Office;

      (2)   leashed; and

      (3)   under the control of a person who is at least 18 years old and is physically able to restrain the animal.

   (e)   When a potentially dangerous animal is off the owner’s premises or property it must be:

      (1)   on a leash or harness; and

      (2)   under the control of a person who is at least 18 years old and is physically able to restrain the animal.

   (f)   Guard dogs. An owner of a guard dog must:

      (1)   confine the dog as described in subsection (c);

      (2)   transport the dog only in a humane, escape-proof manner;

      (3)   ensure that the dog always wears a tag identifying the owner's name, address, and emergency phone number;

      (4)   tell the Department of Police and the Fire Department the location of a working guard dog before placing the animal in service and provide emergency contact information about the owner; and

      (5)   on demand by an animal control officer, produce the dog for examination by a specific veterinarian at the owner's expense.

   (g)   Licensing records. The Executive Director must indicate in the licensing records whether a licensed animal is dangerous, potentially dangerous, or a guard dog.

   (h)   Exceptions.

      (1)   A dog serving a law enforcement agency is not a dangerous or potentially dangerous animal or a guard dog under this Section.

      (2)   Animals in the possession of an animal sanctuary are not dangerous or potentially dangerous animals if the animal sanctuary:

         (A)   is a nonprofit organization qualified under §501(c)(3) of the Internal Revenue Code;

         (B)   operates a place of refuge for abused, neglected, impounded, abandoned, orphaned, or displaced wildlife; and

         (C)   does not conduct commercial activity with respect to any animal of which the organization is an owner.

      (3)   Wild animals do not include kangaroos, wallabies, or sugar gliders. (1999 L.M.C., ch. 10, § 1; 2005 L.M.C., ch. 22, § 1; 2017 L.M.C., ch. 36, §1; 2020 L.M.C., ch. 18, §1.)

   Editor’s note—Section 5-202 is cited in Coroneos v. Montgomery County, 161 Md. App. 411, 869 A.2d 410 (2005).

Sec. 5-203. Public nuisance and other violations.

   (a)    Violation. An owner must not:

      (1)   Allow an animal other than an altered cat to be at large. An animal that is participating in a qualified activity is not at large unless the animal leaves the activity.

      (2)   Allow an animal to damage or defecate on property outside the owner’s property. An animal may defecate on public property or the common area of property in which the owner shares an interest if the owner immediately removes and disposes of the feces by a sanitary method approved by the Office. This paragraph does not affect any right of a common ownership community to regulate or ban animals from the community’s property.

      (3)   Allow an animal to enter private property without the property owner's permission. The property owner may capture the trespassing animal humanely and promptly notify animal control or other appropriate law enforcement authorities, or humanely transport the animal to an animal shelter.

      (4)   Allow a female dog or cat in heat to be outside a building or other secure enclosure that prevents attraction of other animals.

      (5)   Allow an animal to cause an unsanitary, dangerous, or offensive condition because of the size or number of animals in a single location or because a facility is not appropriate for the animal or properly maintained.

      (6)   Allow an animal to cause noise that is loud and persistent enough to disturb another person's quiet enjoyment.

      (7)   Allow a dog to be on public school grounds on a day when school is in session, or in a public recreation area during an organized activity, unless the dog is controlled by a leash or similar restraining device. This paragraph does not apply to a dog participating in a qualified activity if the agency controlling the school or area gave permission to the owner of the dog or the sponsor of the qualified activity.

      (8)   Allow a domestic or exotic bird, including a homing pigeon, to be in an aviary within 100 feet of any structure owned or leased by another person and used for human habitation or work. This paragraph does not apply to a bird:

         (A)   other than a homing pigeon, inside the owner's dwelling;

         (B)   in a pet shop;

         (C)   in an Agricultural or Rural Residential zone as defined in Chapter 59; or

         (D)   in a market for less than 24 hours for sale for human consumption.

      (9)   Refuse or fail to obtain a license for a dog, cat, or ferret as required by State law or this Chapter.

      (10)   Allow an animal to act in any other way that the Executive Director, the Board, or an animal control officer finds would cause any other public nuisance established by regulation. An action prohibited by the regulation is a violation even if the action does not qualify as a public nuisance because the owner has not received notice described in subsection (b)(1).

      (11)   sell, trade, or give a domesticated animal to another person at a place open to the public, except a business licensed to sell animals under Section 5-404.

   (b)   Public nuisance. An owner must not allow an animal to create a public nuisance by:

      (1)   behavior described in subsections (a)(1), (2), (3), (4), (6), (8), (9), or (10) occurring after the owner received notice from the County in any form (such as an oral warning from an Office employee) of a violation because of the same behavior; or

      (2)   any behavior described in subsections (a)(5) or (7).

   (c)   An owner must prevent the owner’s animal from having unwanted contact with a person or another domesticated animal at all times. (1999 L.M.C., ch. 10 § 1; 2001 L.M.C., ch. 2, § 1; 2005 L.M.C., ch. 22, § 1; 2016 L.M.C., ch. 8, § 1; 2020 L.M.C., ch. 18, §1.)

   Editor’s note—Section 5-203 is cited in Coroneos v. Montgomery County, 161 Md. App. 411, 869 A.2d 410 (2005).

Sec. 5-204. Traveling Animal Act - Prohibited.

   (a)   Definitions. In this section, the following words have the meanings indicated:

      (1)   Exhibition means an act, circus, ride, or similar undertaking in which a wild animal is required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of any live audience.

      (2)   Mobile or traveling housing facility means a transporting vehicle such as a heavy commercial vehicle as defined by Section 59.1.4.2, trailer, or railway car, used to move or house wild animals.

      (3)   Traveling animal act means the exhibition of a wild animal where the animal is transported to, from, or between locations for exhibition, in a mobile or traveling housing facility.

      (4)   Wild animal means all animals classified in the following orders or families except the species noted:

         (A)   non-human primates and prosimians;

         (B)   felidae, except domestic cats;

         (C)   canidae, except domestic dogs;

         (D)   ursidae;

         (E)   marsupialia;

         (F)   proboscidea;

         (G)   crocodilia;

         (H)   artiodactyla, except domestic cattle, bison, American buffalo, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, or alpacas;

         (I)   perissodactyla, except domestic horses, ponies, donkeys, or mules;

         (J)   elasmobranchii; and

         (K)   pinnipedia.

   (b)   Prohibition. A person or business must not charge guests or visitors a fee to attend the exhibition of a wild animal in a traveling animal act.

   (c)   Any activity, including agriculture and farming uses defined by Chapter 59, that uses animals other than those identified as wild under Subsection 5-204(a)(4) is exempt from the prohibition in Subsection 5-204(b).

   (d)   Regulations. The County Executive may issue regulations under Method (2), to interpret and enforce this subsection. (2017 L.M.C., ch. 36, §1.)