Chapter 15.04
ANIMAL CONTROL REGULATIONS
Sections:
15.04.020 Relation to State and County animal control laws.
15.04.040 License requirements.
15.04.050 Dogs running at large prohibited.
15.04.060 Dogs off-leash in parks.
15.04.070 Removal of animal feces.
15.04.110 Impoundment authorized.
15.04.010 Purpose.
The purpose of this chapter is to protect the public health, safety, comfort, and general welfare of the residents and animals of the City. Responsible animal ownership is encouraged and welcomed within the City. Animal owners are encouraged to respect the rights of other City residents and those of their animals and to properly care for, train, and control their animals so as to prevent the animals from causing injuries or nuisances. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-100)
15.04.020 Relation to State and County animal control laws.
The provisions of this chapter are intended to supplement the animal control laws and regulations of the State of Maryland and Montgomery County. To the extent that the animal control laws and regulations of Montgomery County regulate matters not regulated by this chapter or are not in conflict with the provisions of this chapter, the County’s animal control laws and regulations (Montgomery County Code, Chapter 5, Animal Control, as amended from time to time) apply within the City. Nothing in this chapter is intended to displace or prevent the Montgomery County Animal Services Division from enforcing the provisions of its animal control laws on properties located within the City. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-101)
15.04.030 Definitions.
In this chapter, the following words and phrases shall have the following meanings, except where the context clearly indicates a different meaning:
“Animal” means every nonhuman species of animal, both domestic and wild, including fowl, but not including fish.
“Animal control shelter” means any facility owned or operated by, or under contract with, Montgomery County for the care, confinement, and detention of animals and for the humane killing and other disposition of animals.
“At large” means a dog off the premises of its owner and not leashed or otherwise physically restrained so as to prevent unwanted contact with a person or another animal. For purposes of this chapter, the common areas of a homeowner’s association, condominium, cooperative, or rental facility are not the owner’s premises.
“Impoundment” means the taking or picking up and confining of an animal by any Montgomery County Animal Control Officer, police officer, or any employee of the City designated by the City Manager to enforce any of the provisions of this chapter.
“Owner” means any person, partnership, firm, corporation, organization, or entity possessing, harboring, keeping, having an interest in, or having control or custody of any animal, or in the case of a person under age 18, that person’s parent or legal guardian. An animal shall be deemed to be harbored if it is fed or sheltered for 3 or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-102)
15.04.040 License requirements.
An owner of any dog or cat of the age of 4 months or over must have a current rabies vaccination and must license the dog or cat in accordance with Montgomery County law and regulations. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-103)
15.04.050 Dogs running at large prohibited.
An owner of a dog shall not permit the dog to be at large, unless the dog is off-leash in accordance with the rules and regulations of a City-designated dog off-leash park area (see Section 15.04.060). (Ord. 2003-27 § 1 (part), 2003: prior code § 3-104)
15.04.060 Dogs off-leash in parks.
The City Manager is authorized to promulgate rules and regulations which allow dogs to be off-leash in certain City park areas at specified times. The designation of specific park areas where dogs may be exercised off-leash shall be made after notice to and opportunity to comment by property owners adjacent to the park, neighborhood associations, and other interested residents of the City. Rules and hours of use for the dog off-leash park areas shall be prominently posted at appropriate locations within the designated park. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-105)
15.04.070 Removal of animal feces.
The owner of any animal shall immediately remove any feces deposited by his or her animal on public property, including but not limited to public walks, recreation areas, and public streets, or on private property other than the premises of the owner of the animal, except where attendants are employed for the purpose of removing the deposits. All feces shall be disposed of in a proper and sanitary manner approved by the City. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-106)
15.04.080 Animal nuisances.
An owner shall not:
A. 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 City;
B. Allow an animal to interfere with the freedom of movement of persons in a public right-of-way, or to chase motor vehicles in a public right-of-way;
C. Allow an animal to bite or to attack, without provocation, any person or other animal on public or private property, whether or not any injury occurs;
D. Allow an animal to make disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
E. 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 an animal facility, enclosure or its surroundings is not appropriate for the animal or is not properly maintained;
F. Allow a female dog or cat in heat to be outside a building or other secure enclosure that prevents attraction of other animals. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-107)
15.04.090 Cruelty to animals.
A. It is unlawful for any person to wilfully and unjustifiably kill, wound, injure, torture, torment, tease, molest, bait, overdrive, overwork, deprive of necessary sustenance, needlessly mutilate, poison, or abandon an animal or to subject an animal to conditions detrimental to its health or general welfare.
B. It is unlawful for any person to keep animals under unsanitary or inhumane conditions or to fail to provide proper food, water, shelter or reasonably clean quarters, or to fail to provide proper medical attention for sick, diseased or injured animals.
C. It is unlawful for any person to promote. stage, hold, manage, conduct. carry on, or attend any illegal game, exhibition, contest, fight, or combat between one or more animals or between animals and humans, or to set free any animal for the purpose of chasing or having a race thereafter. This shall include but is not limited to hares or rabbits, cocks or other fowl, and dogs.
D. It is unlawful for any owner, possessor, or custodian of a dog, cat, or other domestic animal to abandon such animal.
E. It is unlawful for any person to place or confine an animal or allow an animal to be placed or confined in a motor vehicle under such conditions or for such period of time as to endanger the health or well-being of such animal due to temperature, lack of food or drink or such other conditions as may reasonably be expected to cause suffering, disability or death.
F. It is unlawful for any person, having struck and injured an animal while operating a motor vehicle, to fail to notify the police or Animal Control Officer of such accident or otherwise to make reasonable efforts to provide or cause to be provided appropriate care to an injured animal. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-108)
15.04.100 Deceased animals.
The City may remove the bodies of unattended deceased animals from public property and private property. If the property owner is not the owner of the animal, the City shall attempt to locate and notify the owner of the animal as soon as possible. If the owner cannot be located or does not respond within a reasonable period of time, the body shall be appropriately disposed of in a sanitary manner. If the owner is subsequently located, the owner shall be responsible for the disposal expenses. Unpaid disposal expenses shall be a lien against the owner’s property and shall be collectible in the same manner as City taxes or by a suit at law. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-109)
15.04.110 Impoundment authorized.
A. A police officer or other employee of the City designated by the City Manager to enforce any of the provisions of this chapter may take such steps as are necessary to humanely restrain an animal in order to protect humans, other animals, and property.
B. In addition to any other enforcement measures provided for in this chapter, a police officer or other employee of the City designated by the City Manager to enforce any of the provisions of this chapter may seize, impound, and release to appropriate county or other animal control personnel or to an animal control shelter the following:
1. Any dog at large;
2. Any animal constituting an animal nuisance or a danger to the public;
3. Any animal that is in violation of any quarantine or confinement order issued by any jurisdiction having authority over the animal;
4. Any unattended animal that is ill, injured or otherwise in need of care;
5. Any wild or exotic animal owned or harbored in the City in violation of City, County or State law;
6. Any animal suspected of having rabies;
7. Any animal that has been ordered removed from the City;
8. Any animal that is or has been abused and neglected and, in the opinion of the officer, must be impounded for the safety of the animal;
C. Upon impounding an animal, a prompt and reasonable effort shall be made to notify the owner of the impounded animal of the location of the animal and procedures to claim the animal. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-110)
15.04.120 Violations.
Any violation of this chapter is a Class C municipal infraction. (Ord. 2003-27 § 1 (part), 2003: prior code § 3-111)