Maryland Political Subdivisions - Miscellaneous Provisions Section 11-504
§ 11-504.
(a) (1) The sheriffs of the several counties, or any deputy authorized by him, shall enforce the provisions of this subtitle. The sheriffs and their duly authorized deputies may issue a summons to any person violating any provision of this subtitle.
(2) In Calvert County and Garrett County, the dog warden and his deputies have the duties imposed by this subsection.
(3) This section does not apply in Washington County.
(b) The county commissioners of the several counties are authorized and directed to reimburse the said sheriffs for their actual expenses in enforcing the provisions of this subtitle, including the payment of the salary of any special deputy appointed for that purpose.
(c) The county commissioners of the several counties are authorized and empowered to pay such additional compensation to the county treasurer, or to the tax-collecting officer as they may deem necessary or advisable to compensate him or them for the additional duties imposed by this subtitle. In Carroll, Harford and Wicomico counties, the county commissioners are hereby authorized to designate suitable persons in appropriate locations of the county for the purpose of assisting the county treasurer or tax-collecting officer in the performance of their duties in collecting license fees and issuing licenses and tags under the provisions of this subtitle at such compensation as the said county commissioners may deem necessary or advisable.
(d) The county commissioners of the several counties shall have power in their discretion to make from time to time all necessary rules and regulations for the sale of dog licenses, the keeping of records of such licenses, and the convenient and effective enforcement of the provisions of this subtitle. They are hereby authorized and empowered to delegate by written contract the enforcement and administration of the provisions of this subtitle to any organization, association of persons, or municipal corporations in their counties; provided, however, that in any such contract, the county commissioners shall reserve unto themselves a right of cancellation thereof, such cancellation to be without previous notice or recourse if done for a stated cause, or to be on thirty days' notice if without any stated cause.
(e) (1) The boards of county commissioners of Allegany, Charles, Frederick, St. Mary's and Carroll counties may, in order to safeguard the health, safety and public welfare of the residents of those counties pass rules, regulations or resolutions for the purpose of carrying out the powers hereinafter granted. The rules, regulations or resolutions shall contain proper standards for the exercise of the discretion contained herein, and shall operate uniformly. The rules, regulations or resolutions shall provide for the sale of dog licenses in these counties, the keeping of records of all sales, the designation of persons authorized to sell licenses, the taking into custody and disposition of any dogs found running at large within the limits of these counties with power to delegate by written contract the enforcement of the rules, regulations or resolutions, provided, however, in any contract the boards of county commissioners shall reserve the right to cancel, without notice or recourse, the delegation for stated cause or on thirty days' notice without cause. Before the county commissioners shall proceed to enforce any rule, regulation or resolution, passed in pursuance of the provisions of this section, advertisement of the rule, regulation or resolution shall be made in some newspaper of general circulation published in the county once each week for 4 successive weeks, in order to provide any person, firm or corporation adversely affected thereby an opportunity to be heard by the county commissioners in opposition to the adoption of the rule, regulation or resolution. The boards of county commissioners may also enter into a contract with any animal welfare or humane society or any other individual, association or corporation specially qualified for the purposes hereinafter set forth, for the establishment of a dog pound, and for the collection, disposition and destruction of stray, injured and sick dogs. Notwithstanding the provisions of § 11-507 of this subtitle, the county commissioners may use all or any part of the dog license tax for the establishment of a pound, and for the collection or destruction of said dogs.
(2) In Frederick County, the powers granted the County Commissioners for the regulation of dogs are also granted for the regulation of cats.
(f) The boards of county commissioners of Allegany, Carroll, and Charles counties are hereby respectively authorized and empowered to appoint dog wardens, in their respective counties, who shall have all the powers of a constable or other peace officer and who may sell and issue dog licenses, and take into custody and dispose of stray, injured and sick dogs in accordance with rules, regulations or resolutions of the respective boards of county commissioners enacted pursuant to subsection (e) hereof. The respective boards of county commissioners are hereby further authorized and empowered to provide the compensation for the dog wardens.
(g) The Board of County Commissioners of St. Mary's County is hereby authorized to employ a dog warden at an annual salary to be determined by the County Commissioners. Such warden shall collect and dispose of all unlicensed dogs in a manner and on conditions to be prescribed by the County Commissioners. Said Commissioners are authorized to provide a dog pound for the county wherein dogs seized by said dog warden may be placed or, in the discretion of the Commissioners, to enter into agreements with adjacent counties for the establishment of a dog pound to serve all of such counties. Said Commissioners are further authorized to pay any expenses arising from the operation of this subsection.
(h) The County Commissioners of Charles County are authorized to establish a dog pound and to hire the personnel and provide the equipment necessary for the collection, impoundment, care, handling, and disposal of stray, unlicensed, diseased or vicious dogs, provided, however, that the initial cost for the building and equipment shall not exceed $35,000. The salary and number of persons to be employed shall be determined by the County Commissioners.
In the discretion of the Commissioners, an agreement may be entered into with adjacent counties for the establishment of a dog pound to serve all of such counties.
(i) (1) The county commissioners of Charles and St. Mary's counties are authorized and empowered by rule, regulation or resolution to provide that owners of dogs in the county shall not permit the dog, whether licensed or unlicensed, to run at large off the premises of the owner, except when it is under the control of the owner or an authorized agent of the owner by leash, cord or chain, provided that the following dogs may be permitted to run at large when accompanied by the owner or an authorized agent and when kept within sight or calling distance:
(i) Dogs proved to be obedient, in accordance with any regulation or resolution of the county commissioners;
(ii) Dogs being used for hunting, or trained for hunting; and
(iii) Dogs being accompanied by the owner on horseback.
(2) The county commissioners by rule, regulation or resolution may provide for investigation of reports of violations of paragraph (1) of this subsection and for enforcement of the provisions of this subsection.
(3) Any owner failing to comply with the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than twenty-five dollars ($25.00) for each offense.
(j) (1) The county commissioners of Caroline and Worcester counties are hereby authorized and empowered, in order to safeguard the health, safety and public welfare of the residents of these counties to adopt rules and regulations, by resolution or ordinance, for the purpose of carrying out the powers hereinafter granted, provided that the rules and regulations shall contain proper standards for the exercise of the discretion contained therein, and shall operate uniformly. The rules and regulations shall provide for the sale of dog licenses in these counties, the keeping of records of all sales, the designation of persons authorized to sell licenses and taking into custody and disposition of any dog running at large within the limits of these counties, with power to delegate by written contract for the enforcement of the rules and regulations provided, however, that in any contract, the county commissioners shall reserve the right to cancel, without notice or recourse, the delegation for stated cause or on thirty days' notice without cause. Before the county commissioners shall proceed to enforce any rule or regulation adopted pursuant to the provisions of this subsection, advertisement of a summary of the rule, regulation, resolution or ordinance shall be made in some newspaper published in the county once each week for two successive weeks in order to provide any person, firm or corporation adversely affected thereby an opportunity to be heard by the county commissioners in opposition to the adoption of the rule, regulation, resolution or ordinance. Notwithstanding the provisions of § 11-507 of this subtitle, the county commissioners may in their discretion use all or any part of the dog license tax for the establishment and maintenance of a pound, and for the collection, care, or destruction of dogs. The county commissioners are further authorized and empowered to appoint dog wardens and to provide compensation therefor, who shall have all the powers of a peace officer who may sell and issue dog licenses, and take into custody and dispose of stray, injured, unlicensed, diseased or vicious dogs in accordance with rules and regulations of the county commissioners and pursuant to this subsection. The county commissioners are further authorized and empowered to provide dog pounds wherein dogs seized by dog wardens may be placed or, in the discretion of the commissioners to enter into agreement with adjacent counties for the establishment of a dog pound to serve all of the counties. The commissioners are further authorized to pay any expenses arising from the operation of this subsection. This subsection shall not be operative or effective within the corporate limits of any incorporated town or city within either county unless and until the governing body thereof shall indicate by resolution its intention to be governed by the provisions of this subsection.
(2) Any dog owner violating the rules and regulations provided for in paragraph (1) of this subsection, in Worcester County, is guilty of a misdemeanor and upon conviction thereof will be subject to a fine of not more than $25 for the first offense or a fine of not more than $100 for each additional offense.
(k) In Charles and St. Mary's counties the provisions of subsection (e) of this section shall be deemed to apply to the extent that they are reasonably applicable to the regulation and control of every domestic animal, including but not limited to dogs, and to every wild animal kept in captivity. In lieu of the penalties otherwise prescribed in this subtitle, the county commissioners are authorized to establish penalties for violation of rules and regulations passed pursuant to the powers granted under subsection (e) of this section, not to exceed a fine of $1,000 or imprisonment for 1 year, or both, as to each offense.
(l) (1) In addition to or in substitution for any powers granted under this subtitle, the County Commissioners of Harford County by resolution or ordinance enacted according to its usual procedure may provide for a comprehensive system for regulation of dogs in the county, including licensing and control of dogs. As a part of the regulation the County Commissioners may establish separate dog control districts in the county with regulations applicable solely within the district, provide for the impounding and disposal of dogs found to be dangerous to persons and property, and provide reasonable penalties for violations of any regulations applicable to dogs.
(2) In Harford County a law-enforcement officer, upon witnessing a violation of any Harford County dog regulation or ordinance, may issue a summons for that violation and bring the violator before the District Court in Harford County.
(3) It is unlawful in Harford County for any person to own or keep a dog which disturbs the peace and quiet of any neighborhood in an inhabited area, or which is vicious and bites any person. Upon the sworn complaint before the District Court sitting in Harford County of any person alleging that a dog disturbs the peace and quiet of any neighborhood in an inhabited area of Harford County, or upon the sworn complaint of any one or more persons that a dog is vicious and has bitten any person, a summons shall issue to the owner or keeper of such dog to appear before the District Court sitting in Harford County. Upon proof that the dog disturbs the peace and quiet of any neighborhood in an inhabited area, or is vicious and has bitten any person, the owner or keeper may be required to deliver up the offending dog to be killed in the most humane manner possible unless he removes the dog permanently from the neighborhood. If the owner or keeper is required to deliver up the dog to be killed or to remove it as aforesaid, and he refuses or fails to do so, then it is the duty of any police officer or any duly empowered agent on behalf of the county to seize the dog wherever it may be found and to cause it to be killed in the most humane manner possible. The court may order the dog restrained or enter such other appropriate order as the case may require. Any owner failing to comply with the provisions of this paragraph or a court order entered thereunder is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than twenty-five dollars ($25.00) for each offense. Notwithstanding the aforegoing provisions of this subsection, the barking of hunting dogs in pursuit of game shall not be considered a disturbance of the public peace for the purposes hereof.
(4) In addition to and not in substitution for any powers granted under this subtitle, the County Commissioners of Cecil County by resolution or ordinance enacted according to its usual procedure may provide for a comprehensive system for regulation of domestic animals in the county, including licensing and control of domestic animals. As a part of such regulation the County Commissioners may establish separate domestic animal control districts in the county with regulations applicable solely within the district, provide for the impounding and disposal of domestic animals found to be dangerous to persons and property, and provide reasonable penalties for violations of any regulations applicable to domestic animals.
(5) It is unlawful in Cecil County for any person to own or keep a domestic animal which disturbs the peace and quiet of any neighborhood in an inhabited area, or which is vicious and bites any person. Upon the sworn complaint in the District Court sitting in Cecil County of any two or more persons of different households alleging that a domestic animal disturbs the peace and quiet of any neighborhood in an inhabited area of Cecil County, or upon the sworn complaint of any one or more persons that a domestic animal is vicious and has bitten any person, a summons shall issue to the owner or keeper of such domestic animal to appear in the District Court sitting in Cecil County. Upon proof that the domestic animal disturbs the peace and quiet of any neighborhood in an inhabited area, or is vicious and has bitten any person, the owner or keeper may be required to deliver up the offending domestic animal to be killed in the most humane manner possible unless he removes the domestic animal permanently from the neighborhood. If the owner or keeper is required to deliver up the domestic animal to be killed or to remove it as aforesaid, and he refuses or fails to do so, then it is the duty of any police officer or any duly empowered agent on behalf of the county to seize the domestic animal wherever it may be found and to cause it to be killed in the most humane manner possible. The court may order the domestic animal restrained or enter such other appropriate order as the case may require. Any owner failing to comply with the provisions of this paragraph or a court order entered thereunder is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than twenty-five dollars ($25.00) for each offense. Notwithstanding the aforegoing provisions of this subsection, the barking of hunting dogs in pursuit of game shall not be considered a disturbance of the public peace for the purposes hereof.
(m) In addition to and not in substitution for any powers granted under this subtitle, the County Commissioners of Kent County by resolution may provide for a comprehensive system for the regulation of dogs within the county, including licensing and control. These regulations may include provision for the impoundment and disposal of unlicensed or dangerous dogs and reasonable penalties for violations of any of the provisions of the regulations.
(n) In Howard County, the County Council shall prescribe by law the agency or agencies which shall administer and enforce the laws relating to dog licenses.
(o) (1) In addition to and not in substitution for any powers granted under this subtitle, the county commissioners of Dorchester, Garrett, and Somerset counties may by ordinance provide for a comprehensive system for the regulation of dogs and cats within the county, including licensing and control. These regulations may include provision for the impounding and disposal of unlicensed or dangerous dogs and cats and penalties, including in Dorchester County and Garrett County civil or criminal penalties, for violations of any of the provisions of the regulations.
(2) In Dorchester County and Garrett County, the County Commissioners may provide that a violation of a county dog or cat control ordinance shall be prosecuted by the county in the same manner and to the same extent as provided for municipal infractions under Article 23A, § 3(b) of the Code.
(p) In addition to and not in substitution for any powers granted under this subtitle, the County Commissioners of Calvert County may by ordinance provide for the regulation, humane treatment, and keeping of domestic animals within Calvert County, including the authority to assess a penalty for a violation of a provision of an ordinance of imprisonment in the county jail not exceeding 30 days or a fine not exceeding $1,000 or both.
(q) (1) The provisions of this subsection only apply to Calvert County.
(2) The County Commissioners shall appoint a dog warden and may appoint deputy wardens. The dog warden and any deputies appointed shall serve at the discretion of the County Commissioners and shall be paid whatever salary and allowances for travel the Commissioners prescribe. Before entering upon the duties of the office, the dog warden and any deputy dog wardens appointed shall give bond to the State with good and sufficient surety, to be approved by the Commissioners, in whatever penalty the Commissioners determine and conditioned on the faithful performance of duties and proper accounting for all moneys and property received by virtue of the position. The bond shall be in the form of a "public employee's faithful performance blanket bond" for the dog warden and all deputies, if possible. The premiums shall be borne by Calvert County, and the bonds shall be filed with the State Comptroller.
(3) The County Commissioners may construct or lease, operate and maintain a dog pound for and in Calvert County. The cost of the pound and of its operation shall be borne by the county. In their discretion, the County Commissioners may enter into agreements with adjacent counties for the establishment of a dog pound to serve all of those counties.
