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(a) Who may enforce. The Executive Director, an animal control officer, the Board, and any other person authorized by regulation issued under method (2) may enforce an animal control law. In this Article, an “animal control law” includes a State animal control law, this Chapter, and, for noise from an animal source, Chapter 31B.
(b) Forms of enforcement. The Executive Director or an animal control officer may enforce an animal control law by issuing a citation or other lawful order. To exercise its authority, the Board must issue a written order that explains the factual and legal basis for the order.
(c) Types of enforcement.
(1) Except as provided in paragraph (2), the Executive Director or an animal control officer may, to enforce an animal control law or protect the health or safety of an animal, a person, or the public:
(A) seize, impound, and dispose of an animal; or
(B) take any other action necessary or order an owner to take any other action necessary to enforce the law, including ordering that a microchip be inserted into an animal.
(2) The Executive Director or an animal control officer must not destroy an animal under paragraph (1) unless:
(A) the Board has ordered the animal to be destroyed; or
(B) the Executive Director, an animal control officer, or the Board finds that destruction of the animal is necessary to prevent an immediate threat to public health or safety. If an owner requests a hearing within 5 days after the County notifies the owner of any action under this paragraph, the Board must hold a hearing after the fact on the action and may order the County to reimburse the owner for the resale value of the animal if the action was not justified; or
(C) after 5 days, the owner has not filed an appeal to the Board.
(3) A citation or order may require an owner to act or refrain from acting to prevent or stop a violation of an animal control law.
(d) Warrants. An animal control officer may enforce an animal control law by searching private property and seizing evidence or animals, under State law or a warrant issued by a court.
(e) Interference with enforcement. A person must not interfere or attempt to interfere with any County officer, employee, or agent enforcing an animal control law.
(f) Failure to follow or appeal an order. An owner who, without justification, does not follow or appeal a legal order issued under this Chapter has abandoned and forfeited to the County any animal that is the subject of the order.
(g) Concealing ownership. A person must not conceal or falsely deny ownership of an animal to any person authorized to enforce an animal control law.
(h) Board order to take action. As a result of an adjudication of a complaint or appeal, the Board may order the Executive Director or an animal control officer to take an action described in paragraph (c)(1). (1999 L.M.C., ch. 10, § 1; 2005 L.M.C., ch. 22, § 1; 2020 L.M.C., ch. 18, §1.)
(a) Dangerous or potentially dangerous animals.
(1) An animal control officer immediately may seize, impound, and humanely euthanize, at the owner’s expense, an animal that the Executive Director, an animal control officer, or the Board finds is dangerous or potentially dangerous and poses an immediate threat to public health or safety.
(2) If the animal poses no immediate threat, the owner may, within 5 days after the County notifies the owner about the violation, appeal the violation or action to the Board and request a hearing. The County must not dispose of the animal during the 5-day period for filing an appeal, or while an appeal is pending.
(b) Public nuisance and other violations. The Board, the Executive Director, or an animal control officer may order any action necessary to abate a public nuisance or any other violation of Section 5-203. (1999 L.M.C., ch. 10, § 1; 2005 L.M.C., ch. 22, § 1; 2020 L.M.C., ch. 18, §1.)
(a) Generally. The Executive Director, an animal control officer, or the Board may enforce an animal control law or protect the health or safety of a person, an animal, or the public by impounding (or for the Board, ordering the Executive Director to impound) an animal at an animal shelter or other facility approved by the Executive Director.
(b) Notice of impoundment. The Executive Director promptly must make a reasonable effort to locate and notify the owner of an impounded animal. The notice must inform the owner of applicable requirements of this Chapter, including the requirement in subsection (c) to pay in advance for the animal’s care and the opportunity to request a waiver of the prepayment requirement under subsection (c)(7). The Executive Director may notify the owner by first class mail to the owner’s last known address, or, if the Executive Director cannot locate the owner, by publishing a notice in a newspaper of general circulation in the County.
(c) Prepayment for care.
(1) The animal’s owner must prepay any boarding costs before and during any appeal to the Board, unless waived or modified as provided in this Chapter. Within 5 days after receiving notice that an animal was impounded under any provision of this Chapter, the animal’s owner must pay to the County the estimated cost of caring for the animal for the 30-day period beginning on the date the animal was impounded. The Executive Director must estimate the cost, which must include the cost of food, veterinary care, and other necessities that a responsible owner would provide for the animal and may include other costs, such as pro rata staffing and administrative expenses, allowed by regulation. The owner must pay in cash or by another method acceptable to the Division.
(2) If the animal remains impounded at the end of a 30-day period, the owner must, within 3 days after that 30-day period ends:
(A) pay any difference between the estimated and actual cost of care; and
(B) prepay the estimated cost of 30 additional days of care.
(3) The Executive Director may:
(A) revise the estimated cost of care for each 30-day period to improve the accuracy of the estimate; and
(B) apply any previous payment for that animal that exceeds the actual cost of care to the next 30-day period.
(4) (A) The County must refund to the owner, within 10 business days after:
(i) the end of the impoundment, any payment from the owner that exceeds the actual cost of care, including any payment for a day that the County did not care for the animal; or
(ii) the final judgment of a court holding that the County seized and impounded the animal illegally, all payments from the owner.
(B) If the actual cost of care exceeds the total estimated payments, the owner must pay the difference under Section 5-304(b) and (c).
(5) If the owner does not comply with this Section at any time, the animal must be treated as abandoned and becomes the property of the County.
(6) The prepayment requirement in this Section does not apply to an animal impounded as a stray in violation of Section 5-203(a)(1) unless the animal also is impounded for any other violation of this Chapter.
(7) The Executive Director may waive or modify the prepayment required under this subsection (such as by requiring weekly prepayments) if the owner provides evidence that prepayment for 30 days of care would be a serious financial hardship to the owner.
(d) Multiple impoundments.
(1) If an unaltered dog or cat is impounded 2 or more times, the owner must have the animal altered at the owner’s expense within 30 days after the animal is released from impoundment or surrender the animal to the Executive Director unless:
(A) the owner appeals to the Board within 10 days after the date of the second violation; and
(B) the Board after a hearing waives this requirement or orders other action.
(2) The Executive Director must not allow an owner to redeem an animal impounded less than 12 months after the animal was released from a previous impoundment, unless the owner has successfully appealed any citation arising out of the prior impoundment, until the Executive Director has issued:
(A) a citation for the current violation; and
(B) an order designed to prevent future violations. (1999 L.M.C., ch. 10, § 1; 2001 L.M.C., ch. 2, § 1; 2005 L.M.C., ch. 22, § 1; 2020 L.M.C., ch. 18, §1.)
Editor’s note—Section 5-303 is quoted in Coroneos v. Montgomery County, 161 Md. App. 411, 869 A.2d 410 (2005).
(a) Types of disposition. An animal impounded by the Office may be:
(1) redeemed by an owner under certain circumstances;
(2) placed for adoption if abandoned;
(3) set loose in a suitable habitat if wild; or
(4) humanely euthanized in a manner approved by the Office.
(b) Redemption. The owner of an impounded animal may redeem the animal if:
(1) the owner pays impoundment and boarding fees, including the costs of caring for the animal, transporting livestock, or removing an animal from a tree or other location to protect the health or safety of humans or the animal;
(2) the owner pays a field service fee, if a County employee or contractor brought the animal to a shelter or other facility;
(3) the owner shows proof of legal title to the animal;
(4) the animal is licensed;
(5) the Executive Director approves or the Board orders the redemption, and the owner complies with any conditions for redemption; and
(6) redemption is not prohibited by another animal control law.
(c) Fees. The owner must pay any fees described in subsection (b) even if the owner does not redeem the animal. Failure to pay within 30 days after any fee becomes due is a Class B civil violation.
(d) Release or adoption prohibited. The Executive Director must not:
(1) release an animal impounded under a Board order unless a Board order allows redemption; or
(2) place for adoption an animal that has not been abandoned unless the owner consents.
(e) Dangerous or nuisance animals. The Executive Director or any other person must not sell, release, or place for adoption an animal that an animal control officer found is dangerous or potentially dangerous, would cause a public nuisance or other violation, or has rabies or an incurable communicable disease, unless the Executive Director finds the action is safe.
(f) Failure to redeem. Unless otherwise ordered by the Board, an impounded animal is considered abandoned and becomes County property if the animal is not redeemed by its owner within 5 days after the Executive Director notifies the owner about the impoundment under Section 5-303(b).
(g) Adoption. The Executive Director may place an abandoned animal for adoption as a pet unless the Board or the Executive Director decides adoption of the animal is not in the best interest of public health or safety. A dog or cat placed for adoption must be altered by a licensed veterinarian, at the expense of the person adopting the animal, within a time specified by the Executive Director. The Executive Director must set the deadline for altering based on the animal’s age, sex, and health, but the deadline must be within 3 months after the adoption. If the owner of an adopted animal does not alter the animal by the deadline, the owner must return the animal to the animal shelter.
(h) Humane euthanasia. The County may dispose of an animal by humane euthanasia under regulations issued with the advice of a licensed veterinarian. The County must not dispose of an animal for commercial or experimental purposes. A licensed veterinarian periodically must review whether the County implements these procedures humanely.
(i) Release defined. In this Section, release means to allow an owner to redeem an impounded animal. (1999 L.M.C., ch. 10, § 1; 2001 L.M.C., ch. 2, § 1; 2005 L.M.C., ch. 22, § 1; 2020 L.M.C., ch. 18, §1.)
(a) General penalty. Unless otherwise provided in this Chapter or State law, a violation of this Chapter is a Class B violation. For any penalty under this Chapter, each day the violation continues, and each paragraph of Section 5-203(a), is a separate violation. A person convicted of violating a State animal control or anti-cruelty law is not subject to civil penalties for violating County law based on the same prohibited acts or omissions.
(b) Violation of an order of the Board. A violation of an order issued by the Board is a Class A civil violation. Each day the violation continues is a separate violation.
(c) Penalties. A violation of:
(1) Section 5-201 is a Class A civil violation for which the penalty must not exceed the maximum penalty allowed by State law for the equivalent offense under State law;
(2) Section 5-202 is a Class A violation;
(5) Section 5-402(c) is a Class A violation. (1999 L.M.C., ch. 10, § 1; 2005 L.M.C., ch. 22, § 1.)
(a) Time for noting appeal. Except as provided in Section 5-104(a), a person aggrieved by a decision of the Executive Director or an animal control officer may appeal the decision to the Board within 5 days after the Executive Director or the animal control officer notifies the owner about the decision. The Executive Director or animal control officer must not dispose of the animal during the 5-day period for filing an appeal, or while an appeal is pending, unless authorized to do so under this Chapter.
(b) Burden of production. Notwithstanding the provisions of Section 2A-8(d), the Appellant has the burden of going forward with the production of evidence before the Board.
(c) Filing fee. In addition to any other requirement imposed by this Section, the owner appealing a decision of the Executive Director or an animal control officer must pay a filing fee established by executive regulation. The Board or the Executive Director may waive the filing fee in response to an appellant’s request.
(d) Board’s decision. The Board may modify a decision of the Executive Director or an animal control officer only if the appellant proves by a preponderance of the evidence that the decision was arbitrary, illegal, or not based on substantial evidence. The Board must issue a written opinion explaining the factual and legal basis for its decision.
(e) Boarding of animal – pending Board decision. If the owner timely appeals an impoundment or seizure, the owner may also seek review of the Executive Director’s determination of boarding costs by filing an appeal with the Chief Administrative Officer within 5 days after the Executive Director issues a demand for prepayment. The Chief Administrative Officer, or a designee, must review the Executive Director’s decision within 2 business days after receiving the appeal. The owner must provide the Chief Administrative Officer with information sufficient to show that requiring prepayment of boarding costs would be a serious financial hardship on the owner. The Chief Administrative Officer may ask the owner to provide additional information at an informal hearing conducted in person or by telephone. The Office must not require the owner to prepay any boarding costs pending the Chief Administrative Officer’s decision. The Chief Administrative Officer may make any decision the Executive Director could have made such as requiring the owner to prepay boarding costs retroactive to the initial boarding date of the animal, posting a bond, or placing the animal in a suitable facility at the owner’s sole expense. The owner may ask the Board to review the Chief Administrative Officer’s decision regarding prepayment of boarding costs as part of its review of the underlying appeal.
(f) Boarding of animal – after Board decision. The owner must pay any boarding costs for the animal before and during any appeals, or if the Board allows, post a bond to pay these expenses if the owner does not prevail in the appeal.
(g) If the owner does not meet the requirements of this Section, including any requirement to prepay boarding costs, the animal must be treated as abandoned and becomes the County’s property. (1999 L.M.C., ch. 10, § 1; 2005 L.M.C., ch. 22, § 1; 2020 L.M.C., ch. 18, §1.)
Editor’s note—Section 5-306 is interpreted in Coroneos v. Montgomery County, 161 Md. App. 411, 869 A.2d 410 (2005).
A party aggrieved by an order of the Board may appeal the order under Section 2A-11 within 10 days after the Board issues the order. (2005 L.M.C., ch. 22, § 1.)
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