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ANIMAL CONTROL 4-1. Definitions. 4-3. Bird Sanctuary. 4-4. Keeping of animals, including poultry, cattle or livestock. 4-5. Diseased animals. 4-6. Running at large. 4-7. General provisions. 4-8. Confinement of animal biting a person or other animal. 4-9. Interference with Animal Control Officer. 4-10. Records of impounded animals. 4-11. Injured animals; prompt euthanasia. 4-12. Property in impounded animals. 4-13. Public nuisance conditions and animals; procedures. 4-14. Reserved. 4-15. Vicious animals. 4-16. Vicious animals; restrictions. 4-17. Defecation; removal of excrement. 4-18. Disposal of animal carcasses. 4-19. Destruction of vicious and dangerous animals. 4-20. Incorporation of Prince George’s County Animal Control Ordinance. 4-21. Entering private property. 4-22. Enforcement. 4-23. Redemption of impounded animals.
As used in this Chapter, the following terms shall have the meaning indicated below unless otherwise expressly stated or the context clearly indicates a different intention. a) Animal shall include the male and female of the species, including, but not limited to: cats, dogs, fowl, horses, and all other domesticated and wild animals. b) Animal Control Facility shall mean any facility operated by or under contract with the City of Bowie or Prince George’s County, Maryland, for the care, confinement, detention, euthanasia or other disposition of animals pursuant to the provisions of this Chapter. c) Animal Control Officer shall mean that person or persons designated by the City Manager to perform the duties described in this Chapter. d) At large shall mean off the real property limits of the owner and not under restraint. “At large” shall also include any animal which is:
e) Commission shall mean the Prince George’s County Commission for Animal Control or a Hearing Officer designated by Prince George’s County. f) Confine shall mean to shut within an enclosure. Enclosure shall include, but not be limited to, a fenced in area of the real property of the owner, pet shelter (i.e., pen, dog house or kennel) and any building on the owner’s property, including house or garage. g) Cruelty shall mean every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted including but not limited to the failure to provide an animal with nutritious food in sufficient quality, necessary veterinary care, proper drink, air, space, shelter or protection from the weather, beating, torturing or tormenting an animal. h) Impound shall mean to seize and take into custody. i) Owner shall mean any person, partnership or corporation owning, keeping or harboring an animal, either permanently or temporarily or that person to whom an animal’s identifying tag is registered. j) Public nuisance animal shall mean any animal which unreasonably annoys or threatens humans, endangers the life or health of other animals or persons, which reasonably causes offense to human senses, or which substantially interferes with the rights of residents, other than its owners, to enjoyment of life or property. The term “public nuisance animal” shall include, but is not limited to, any animal which:
k) Restraint shall mean secured by a leash or lead, or confined within a vehicle or domicile. l) Stray animal shall mean any animal which is “at large”. m) Public nuisance condition shall mean an unsanitary, dangerous or offensive condition occurring on any premises caused by the size, number or types of animals maintained, kept or harbored, or due to the inadequacy of the facilities, or by reason of the manner or method of holding, confining, restraining, boarding or training animals. A public nuisance condition shall be deemed to exist on any premises in which any animal is maintained, kept or harbored under conditions which constitute cruelty to such animals, or where the animal maintained, kept or harbored is a public nuisance animal. n) Vicious animal shall include any dog or other animal which, without provocation has attacked, bitten or injured any human being, other animal, or livestock or which has a known propensity to attack or bite human beings or animals. Sec. 4-2. Animal control program. a) There is hereby established an Animal Control Program for the City of Bowie. b) Animal Control Officers shall enforce the provisions of this Chapter including, but not limited to, programs for animal control, animal licensing, rabies vaccination, public education, cruelty prevention, and other duties described in this Chapter. Animal Control Officers are authorized and empowered as follows:
a) Designation of City as a bird sanctuary. The area embraced within the corporate limits of the City is hereby designated as a bird sanctuary. b) Prohibited acts. It shall be unlawful to trap, hunt, shoot or otherwise kill, within the sanctuary established by subsection a) hereof, any domestic or wild bird, provided that nothing contained herein shall be construed to supersede or bestow protected status on birds considered to be unprotected by State law, Natural Resources Article of the Annotated Code of Maryland, Sec. 10-101 (1990) as amended from time to time. c) Authority of City Manager. The City Manager is authorized to erect such signs, giving notice of the regulations herein provided, at such places and of such design as may be approved by the City Council. d) Exceptions. The provisions of this section do not prohibit the trapping, within the sanctuary established by subsection a) hereof, of any domestic or wild bird when considered necessary to protect human life, the life of the bird, or property from damage or destruction. Sec. 4-4. Keeping of animals, including poultry, cattle or livestock. The use of any land or building in the City of Bowie, Maryland for the purpose of keeping poultry, cattle or livestock must comply with the provisions of Subtitle 27, “Zoning”, of the Prince George’s County code, as the same is amended from time to time. a) No animal infected with a dangerous communicable disease shall be brought or kept within the City and the bodies of animals which have died of such diseases or have been killed on account thereof, shall not be buried within the City. b) The owner of any animal which is known to have a disease contagious to other animals or human beings, shall not keep such diseased animal within the City, except if confined within the immediate domicile of the owner or under the control of a licensed veterinarian. a) No owner or custodian of any animal shall allow or fail to prevent such animal from being at large within the City. Any animal found at large or running at large is declared to be a nuisance and dangerous to the public health, safety and welfare. b) The owner of any animal running at large shall be held strictly liable for a violation of this Chapter, except as provided in Paragraphs (e) and (f) of this Section and for any damages caused by said animal. c) Any person who is aware of an animal running at large within the City may report the condition to the City. The identity of an informant under this Section shall not be disclosed except to employees of the City involved in the enforcement of this Chapter; however, when a person files an affidavit of complaint upon which the issuance of a municipal infraction is based, the affidavit becomes a public record which may be disseminated to the public upon request. d) Any Animal Control Officer, Police Officer or other agent authorized or empowered to perform any duty under this Chapter may pursue any animal at large or running at large and may go upon any premises for impounding the animal at large or running at large. If the animal returns to the premises of its owner, an Animal Control officer or Law Enforcement officer may pursue the animal upon the exterior premises of the owner. If the owner or custodian takes the animal within the enclosed interior portion of his premises, an Animal Control Officer or Law Enforcement officer may direct the owner or custodian to surrender the animal for impoundment. Any owner or custodian, after having been directed by the Animal Control Officer or Law Enforcement officer to surrender an animal for impoundment, shall surrender the animal. Failure to surrender an animal for impoundment upon demand by an Animal Control officer is a municipal infraction subject to the penalties set forth in Sec. 4-22(c) of the Bowie City Code. e) This provision shall not apply to an animal under the control of its owner, custodian or an authorized agent of the owner by a leash, cord or chain and shall not apply to any dog free of restraint on property owned by the Cuty and duly designated by the City Council as a Dog Park. f) No animal running at large by accident with a person in immediate pursuit of it shall be deemed to be running at large or a stray. a) All animals located or kept within the City of Bowie shall be cared for in accordance with “The Proper Animal Care Standards for Enforcement of Anti-Cruelty Laws” adopted by the Prince George’s County Animal Control Division. Copies of the Standards may be obtained upon request from the City Clerk. b) Animals in heat. The owner of any female dog, cat or other animal which is in estrus, a condition commonly known as “in heat”, shall keep the animal confined within a building or secure enclosure or under restraint in such a manner that she will not be in contact with, except for intentional breeding purposes, or attract any dog, cat or animal. c) Rabies vaccination. The owner of any dog or cat over the age of four (4) months shall not keep such animal within the City unless it has a current rabies vaccination and the owner has a valid certificate which evidences such rabies vaccination. d) Confinement of animals. From and after the passage of this ordinance, any person owning animals, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such animal so as to prevent it from being at large. Animals shall not be continuously tied or chained to dog houses, or other stationary objects, but must be kept in a proper enclosure, except an animal may be chained outside only during the time a responsible person is present to supervise and to ensure that cruel or nuisance conditions do not occur. e) Cruelty to animals. Cruelty to animals is hereby prohibited as set forth in Article 27 of the Annotated Code of Maryland Sec. 59 et. seq., as amended from time to time. Said provisions of Article 27 are hereby incorporated by reference as if fully set forth herein. Pursuant to Article 27, Sec. 59 of the Annotated Code of Maryland, cruelty to animals is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment not to exceed ninety (90) days, or both. Furthermore, mutilation of animals as defined and set forth in Article 27, Sec. 59 of the Annotated Code of Maryland is hereby prohibited. The penalty for such act shall be as set forth in Sec. 59(b) a fine of $5,000 and/or imprisonment not to exceed 3 years or both. f) County license. The owner of any dog(s) or cat(s) shall have such dog(s) or cat(s) properly licensed under the provisions of the Prince George’s County Animal Control Ordinance. Sec. 4-8. Confinement of animal biting a person or other animal. a) An Animal Control Officer shall have the authority to order the confinement of an animal pursuant to this section and shall further be authorized to confine for observation for ten (10) consecutive calendar days any animal that bites a person. b) The owner of any animal which has bitten any person, or another animal, shall keep such animal confined within a building or secure enclosure in such a manner that it will not come into contact with any other animal for a period of ten (10) consecutive calendar days beginning with the day in which the bite occurs. c) No person shall knowingly allow such confined animal to escape; or sell, give away or otherwise dispose of such animal before the expiration of the ten (10) day confinement period. d) If the animal is not vaccinated against rabies at the time of exposure, the animal shall be required to receive a rabies vaccination from a licensed veterinarian, at the owner’s expense, immediately after the ten day confinement period. e) If, at the time of exposure, the owner fails to provide proof of a valid rabies vaccination for the animal in question, the animal will be examined by a licensed veterinarian at the owner’s expense or observed by the Prince George’s County Division of Animal Control or an Animal Control Officer immediately after the ten-day confinement period. Proof of valid rabies vaccination must be shown at the time of post-confinement visit by the Animal Control officer or other authorized person. f) If rabies symptoms appear, the animal shall be surrendered to an Animal Control Officer or a veterinarian for euthanasia and testing for rabies. Sec. 4-9. Interference with Animal Control Officer. No person shall obstruct or interfere with an Animal Control officer while in the performance of his duties as described in this Chapter. No person shall willfully prevent or obstruct the impounding of any animal in violation of any of the provisions of this Chapter by an Animal Control Officer or Law Enforcement Officer, nor shall any person take or attempt to take any animal out of the Animal Control Facility without the consent of an Animal Control Officer, nor shall any person knowingly impound or attempt to impound any animal not legally liable to impoundment. Any violation of this section is a misdemeanor punishable pursuant to Sec. 4-22 of this Code. Sec. 4-10. Records of impounded animals. a) Animal Control Officers shall keep complete and accurate records of the breed, color, sex, condition and location where found of any animal impounded in the Animal Control Facility and shall record whether or not the animal is licensed, tattooed or has a rabies tag. b) If an animal impounded in the Animal Control Facility is licensed or vaccinated, an Animal Control officer shall record the name and address of the owner and the number of the license or rabies tag and shall attempt to notify the owner of the impoundment and the location of the animal. c) Animal Control Officers shall keep complete and accurate records of the care, veterinary treatment and disposition of all animals impounded in the Animal Control Facility. Sec. 4-11. Injured animals; prompt euthanasia. When a seriously injured, diseased or suffering animal is taken into custody by an Animal Control Officer, and the owner cannot be promptly identified or contacted, a veterinarian shall be consulted and the animal may be taken to a veterinarian for an examination. The cost of any veterinary examination or consultation shall be an obligation of the owner of the animal. If, after consultation with the veterinarian, an Animal Control Officer determines that the animal should be destroyed for humane reasons, or to protect the public from imminent danger to persons or property, an Animal Control Officer may promptly authorize euthanasia or other humane destruction of the animal without regard to any time limitations established in this Chapter. Sec. 4-12. Property in impounded animals. Any domesticated animal which is impounded and not reclaimed by its owner in accordance with Sec. 4-22 shall be deemed abandoned. In the event an impounded animal shows signs of disease, injury or severe behavioral maladjustment, the City has the discretion to send the animal to be euthanazed rather than holding it as stated herein, providing the records are checked to see if the animal has been reported missing, the animal appears to be unlicensed and, in the case of disease or injury, a veterinarian has been consulted. The behavioral maladjustment must be of such a nature as to pose a threat to the animal’s welfare while confined at the Animal Control Facility or pose an unreasonable threat to the safety of personnel caring for the animal. An Animal Control Officer may dispose of abandoned animals as may be most advantageous to the City and the public interest. Sec. 4-13. Public nuisance conditions and animals; procedures. a) No person shall keep or maintain any animal in the City of Bowie in such manner as to cause or permit the animal to be a public nuisance or to cause or permit the animal to cause a public nuisance condition. No person shall keep or maintain any animal in the City of Bowie in such a manner as to disturb the peace, comfort or health of any person residing within the City. b) No owner or custodian of an animal shall fail to abate a nuisance caused by any animal owned by him or under his control, nor shall any person fail to abate a public nuisance condition found to exist upon the premises owned or controlled by him, after having been notified by an Animal Control Officer or other Law Enforcement Officer in accordance with this Chapter or having been ordered to abate the nuisance by an Animal Control Officer as provided herein. After having been notified of the existence of a nuisance condition by an Animal Control Officer or other Law Enforcement Officer, any person failing to abate such a nuisance shall be guilty of a municipal infraction subject to the penalties set forth in Sec. 4-22 herein. c) For purposes of this section, a public nuisance is defined as:
d) Notwithstanding the provisions of subsection b) of this section, with respect to noise and disturbance of the peace, the owner or custodian of an animal generating noise constituting a nuisance condition shall be guilty of a municipal infraction subject to the penalties set forth in Sec. 4-22 without notice and opportunity to abate, if such owner or custodian has within the preceding twelve months been notified by the City that an animal under such a person's control has generated noise constituting a nuisance condition. a) It shall be the duty of Animal Control Officers to receive and investigate complaints concerning vicious animals. Whenever an animal complained against shall be reasonably deemed by an Animal Control officer or the Officer’s designee to be a vicious animal, the Animal Control Officer shall report the fact to the Commission in the form of a written complaint and shall be authorized and empowered to impound the animal pending a hearing by the Commission if the Officer reasonably believes that the owner of the animal is not capable of restraining the animal from attacking, biting or injuring any human being or other animal pending a full hearing on whether the animal is vicious. b) Whenever an animal has been impounded pursuant to this section, the owner shall be notified within forty-eight (48) hours of the impoundment of a right to a preliminary hearing. The preliminary hearing shall be scheduled within seventy two (72) hours of a written request by the owner. The hearing shall be conducted in accordance with Sec. 3-136 of the Prince George’s County Code. c) Any person who alleges that an animal is vicious may file an affidavit of complaint with the City or the Commission that states in clear language why the animal is vicious. This affidavit shall identify where the animal is located and describe the animal which is the subject of the affidavit of complaint. An Animal Control officer shall investigate the allegations in the affidavit of complaint and may impound the animal in accordance with this section. d) If the Commission finds that the animal complained of is, in fact, a vicious animal, the Commission may direct the owner or custodian of the vicious animal to confine the animal and to abate its danger to the public in accordance with Sec. 4-16 herein or require the owner or custodian of the vicious animal to surrender the animal to the City and authorize an Animal Control Officer to destroy the animal. e) Animal Control Officers shall maintain a record of all known vicious animals in the City of Bowie. Sec. 4-16. Vicious animals; restrictions. a) A vicious animal shall be confined by the owner or custodian within a building or secure enclosure and shall not be taken out of such building or secure enclosure unless securely restrained. b) A vicious animal shall not be upon any street or public place except while securely restrained, humanely muzzled if appropriate to the species, and in the charge of a responsible person. c) A vicious animal not confined as required by this section is hereby declared a public nuisance detrimental to the public health, safety and welfare. The owner of the animal shall be strictly liable for any violation of this section and for any damages caused thereby. Sec. 4-17. Defecation; removal of excrement. a) No person owning, keeping or having custody of a dog or cat, except a seeing eye dog, shall allow or permit excrement of such animal to remain on public property, including streets or private property without the consent of the owner or occupant thereof. b) The person owning, keeping or having custody of the animal shall immediately remove and properly dispose of the excrement deposited by the animal. Sec. 4-18. Disposal of animal carcasses. a) The owner or custodian of an animal may not deposit or leave such animal upon its death on public property or the property of another person. All such dead animals shall be promptly disposed of by cremation, burial or other sanitary means. b) An Animal Control Officer, upon request of any person shall pick up dead dogs, cats and other small domestic animals for disposal. c) It shall be unlawful for any person to skin or gut an animal carcass in public view. (Sec. 4-18 amended by O-14-98, adopted 2/17/98, effective 3/19/98). Sec. 4-19. Destruction of vicious and dangerous animals. If any wild, fierce, vicious or otherwise dangerous animal is at large and cannot be safely impounded by an Animal Control Officer, the Animal Control Officer shall contact the Prince George’s County Police and/or Prince George’s County Animal Control to immobilize or destroy such animal. Notwithstanding any provision of this Chapter, any animal which is an immediate and actual threat to the health and safety of any person may be destroyed by a Prince George’s County Animal Control Officer or any Police Officer. Sec. 4-20. Incorporation of Prince George’s County Animal Control Ordinance. The City hereby incorporates by reference all provisions contained in the Prince George’s County Animal Control Ordinance as it is amended from time to time. In the event of a conflict between the County ordinance and this Chapter, the provisions of this Chapter shall prevail. Sec. 4-21. Entering private property. Animal Control Officers may enter onto any property, public or private at all reasonable hours in the performance of their duties under this ordinance, except that they may not enter any private house without the consent of someone authorized to give consent. a) Impoundment and notification.
b) Notice of Violation. Upon witnessing any violation of this chapter, Animal Control Officers may issues to the offender a notice of violation. Such notices may be issued in lieu of or in addition to impoundment. The notice of violation may be issued to both residents and non-residents when found within the City.
c) Penalty. Violations of Sections 4-4, 4-5(b), 4-6, 4-7(a), (b), (c), and (d), 4-8, 4-13, 4-14, 4-16, 4-17, and 4-18 of this Chapter shall be deemed a municipal infraction subject to the provisions of Chapter 1, Sec. 6 of this Code and shall be punishable, subject to Sec. 1-6, by a fine of fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense, and two hundred dollars ($200.00) for every subsequent offense. Failure to pay said fine will subject the violator to the enforcement provisions of Chapter 1, Sec. 6 of this Code. Violation of any section of this Chapter not specifically deemed a municipal infraction shall constitute a misdemeanor punishable by a fine not exceeding one hundred dollars ($100.00) or imprisonment for thirty (30) days or both. Each day any violations of any provision of this Chapter shall continue, shall constitute a separate offense. Sec. 4-23. Redemption of impounded animals. a) The owner of the impounded animal shall be entitled to resume possession upon compliance with any licensing requirements, payment of any veterinarian expenses incurred during the impoundment and payment of any outstanding fines and fees prescribed by the Council in the annual City budget and the presentation of satisfactory proof of ownership. b) An impoundment fee of $15.00 shall be charged for each impoundment. The owner of an impounded animal shall also be liable to the City of Bowie for the shelter fees and the costs of any required veterinary services in accordance with the schedule of charges promulgated by the Bowie City Council in the City’s annual budget ordinance. c) Disposal of unredeemed animals. Any animal impounded under the provisions of this Chapter not redeemed by the owner or his representative within five (5) business days after the impoundment may thereafter either be destroyed in a humane manner, sent to the County Animal Shelter or adopted by a responsible party or agency who will comply with any applicable regulations. If the five (5) business days expire on the first workday of the week, an extra day shall be allowed. The City Manager may establish an adoption fee in order to recover the cost of boarding. Notwithstanding any portion of this Chapter, any impounded animal which is unduly suffering due to injury, disease or other conditions that cannot be corrected, may be immediately destroyed for humane reasons in a humane manner. (Chapter 4 repealed and reenacted by O-3-96, adopted 6/3/96). (Chapter 4, Sections 4-6, 4-13, 4-14 amended by O-02-02, effective 2/2/02.) (Chapter 4, Section 4-22 amended by O-6-05, effective 6/2/05). |
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