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(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.
(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).
(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).
(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).
(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.)
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