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All Paws Animal Wellness Clinic

Cecil County Chapter 209--Please distribute widely!     Please check out cecil county animal lovers on facebook.
 
Please note--this is only a DRAFT. The commissioners have not yet voted on this document, and a few changes are being worked on. The task force will be making recommendations to the commissioners requesting the following admendments to Chapter 209.

Amend definition to: KENNEL, HOBBY -- An organization or individual ...who owns or houses ten or more dogs kept for the purpose of hunting, tracking and performance events or field and obedience trials. A hobby kennel does not meet the definition of a "commercial kennel" and no more than two litters may be bred within a twelve-month period.

209-701. Commercial Kennel and Cattery, P. Remove the $250.00 fine.
Section 7. Kennels, Catteries and Pet Shops, the following statement referencing how animals are handled after a revocation requires some additional wordsmithing. In this case, disposed meant only arrangements made for the animals, but I can understand how using disposed here could be misunderstood: "Any person whose license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept, or harbored, and provide a written accounting of those dispositions to the Animal Care and Control Authority; no part of the license fee shall be refunded.


Anyone with constructive criticism is urged to email the Task Force at ccaccrc@yahoo.com


CECIL COUNTY CODE, PROPOSED FINAL Chapter 209: Animal Care and Control –
FROM THE ANIMAL CARE AND CONTROL TASK FORCE BASED ON 8-9-11 MEETING
CHAPTER 209. ANIMAL CARE AND CONTROL
Section:
Section 1. Definitions
209-101. Definitions
Section 2. Animal Care and Control Oversight Commission
209-201. Appointments
209-202. Powers and Duties
209-203. Reporting and Records
Section 3. Animal Care and Control Authority
209-301. Powers and Duties
209-302. Enforcement
209-303. Impoundment
209-304. Redemption of Impounded Animals
209-305. Reporting Responsibility to the Animal Care and Control Oversight Commission.
Section 4. Public Safety
209-401. Health Certificates
209-402. Dangerous Dog (§ 10-619 of the Criminal Law Article of the Annotated Code of Maryland)
209-403. Additional Requirements for Dangerous Dogs
Section 5. Rabies
209-501. Rabies Control
209-502. Reports of Animal Bites
209-503. Responsibilities of Veterinarians
Section 6. Standards for Care and Keeping of Animals
209.601. Proper Shelter and Care
209.602. Neglect and Cruelty
209-603. Animal Behavior/Actions
209-604. Restraint
209.605. Female Dogs in Estrus (Heat)
209.606. Animal Waste and Dead or Decaying Animals
Section 7. Kennels, Catteries and Pet Shops
209-701. Commercial Kennel
209-702. Hobby Kennel
209-703. Boarding Kennel
209-704. IRS Defined Non-Profit Canine Rescue Kennel
209-705. Pet Shop Standards
209-706. Kennel or Pet Shop Closings
Section 8. Licensing
209-801. General Licensing
209-802. Commercial Kennel Licensing
209-803. Hobby Kennel Licensing
209-804. Boarding Kennel Licensing
209-805. Pet Shop Licensing
209-806. Tags and Collars
Section 9. Other Provisions
209-901. Other Regulated Activities
209-902. Wild or Exotic Animals
209-903. Severability
209.904. Effective date
Section 10. Fines and Penalties
209-1001. Fines and Penalties
Section 11. Listing of Appendices

CHAPTER 209. ANIMAL CARE AND CONTROL
SECTION 1. DEFINITIONS
209-101. Definitions
In this Ordinance, the following terms have the meanings indicated. Any term not defined in this chapter shall have the meaning as defined in any other ordinance of the Code. Any term not defined in the Code shall have its generally accepted meaning.
ANIMAL ABANDONMENT -- Any owner of a domesticated animal who does not humanely dispose of the animal or transfer ownership to some responsible person when ownership is no longer desired.
ANIMAL CARE AND CONTROL AUTHORITY -- The organization(s), agency(s), department(s) or corporation(s) designated by the Cecil County Board of Commissioners to administer and enforce the provisions of this Code and/or to administer the County's designated animal shelter.
ANIMAL CARE AND CONTROL CENTER -- The facility operated by or on behalf of the Cecil County Board of Commissioners for the purpose of impounding animals under authority of this ordinance or State law for care, confinement, redemption, adoption, or euthanasia.
ANIMAL CARE AND CONTROL OVERSIGHT COMMISSION -- The Commission appointed by the Cecil County Board of Commissioners with powers and duties specified in Sections 209-201, 209-202 and 209-203 of this Ordinance.
ANIMAL CARE AND CONTROL OFFICERS -- The person or persons authorized on behalf of the Cecil County Board of Commissioners or by the ACCA to enforce this chapter and applicable State laws on behalf of Cecil County.
ANIMAL SHELTER -- Any facility operated by a humane organization, tax exempt organization, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals.
ANIMALS EXPOSED TO RABIES -- An animal that is known or is suspected to have had a bite from or non-bite contact with another animal that is known or suspected to be infected with rabies (COMAR 10.06.02).
AT LARGE -- Any animal not under effective control or unrestrained while not on its owner's property.
AUCTIONS -- Any place or facility where animals are bought, sold, or traded through a bid process, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by owners.
BOARDING -- Keeping an animal overnight in a commercial establishment used for the keeping of animals.
CATTERY -- Any person, group of persons, association or corporation engaged in the business of breeding three or more litters per year, buying or selling cats for compensation.
CRUELTY -- The unnecessary or unjustifiable physical pain or suffering caused or allowed by an act, omission or neglect. Cruelty includes torture and torment.
CUSTODIAN -- Any person, partnership or corporation that provides food, shelter and care for an animal in the absence of the owner.
DANGEROUS OR VICIOUS DOG – Reference Section 209-402. Dangerous Dog as defined by §10-619 of the Criminal Law Article of the Annotated Code of Maryland.
DOMESTIC ANIMAL -- Animals which, through extremely long association with humans, have been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. Domestic animals include but are not limited to pets such as dogs, cats, rabbits, guinea pigs, hamsters, and other small rodents, European ferrets and hedgehogs, nonpoisonous reptiles, and amphibians, parakeets, cockatiels and other commercially raised birds.
EFFECTIVE TEMPERATURE -- The temperature, as affected by meteorological conditions such as wind chill, sun or rain.
EXOTIC ANIMAL -- Any animal of a species not occurring naturally, either presently or historically, within the boundaries of this state and shall include any hybrid or crossbred animal which is part exotic or wild animal.
Facility -- A building or property, other than a private residence, in which animals are maintained.
HARBOR -- The act of feeding or sheltering an animal for three or more consecutive days, or parts of days.
HEALTH CERTIFICATE – A legible certificate on an official form approved and authorized by the Health Officer of the state of origin, or the U.S. Department of Agriculture.
HEALTH OFFICER - The person in charge of the Cecil County Health Department.
KENNEL, BOARDING – A commercial establishment used for the purpose of housing animals overnight. Medical boarding in veterinary hospitals is not included.
KENNEL, COMMERCIAL -- Any person, group of persons, association or corporation engaged in the business of breeding three or more litters, buying or selling dogs or cats for compensation.
KENNEL, HOBBY -- A kennel not meeting the definition of "commercial kennel" where no more than two litters are bred in a twelve-month period and where dogs are kept for the purpose of hunting, tracking and performance events or field and obedience trials.
Kennel, IRS DEFINED Non-Profit Canine Rescue - Any facility, structure, house, or other building that is owned, operated or maintained by an IRS defined non-profit canine rescue group/organization that provides shelter, humane care and treatment for un-owned or unwanted dogs, while attempting to find permanent, adoptive homes for those dogs or serves as those dog’s permanent home.
MARYLAND PUBLIC HEALTH VETERINARIAN -- The veterinarian so designated by the Maryland Department of Health and Mental Hygiene.
MOLEST -- To interfere with freedom of movement.
NEGLECT -- An act of omission or commission whereby an animal is deprived of access to fresh potable water, nutritious food in sufficient quantity, shelter, shade, air, veterinary care or sanitary conditions, or is chained or otherwise confined thereby causing a lack of freedom of movement adequate to ensure access to any of the above, necessary veterinary care, proper drink, air, space, and shelter or protection from the weather
NOTIFY / NOTIFICATION – For purposes of this chapter, notify shall mean to use every reasonable attempt to contact including but not limited to, telephone, U.S. mail, posting of the property in a conspicuous place or email.
OWNER -- Any adult person, partnership, or corporation owning, keeping, harboring, or having custody (either temporarily or permanently) of one or more animals.
PET – A domesticated animal kept for pleasure rather than utility.
PET SHOP – Any commercial establishment that sells live animals with the intent that they be kept as pets, whether as a separate operation or in connection with any other business enterprise.
PUBLIC NUISANCE ANIMAL -- Any animal or animals which:
A. Continues to molest passersby or passing vehicles
B. Is repeatedly at large, or is a stray;
C. Continues to damage private or public property
D. Continues to disturb the neighbor(s) or the community (209-603.)
E. Is found to be in violation of dangerous animal restraint requirements.
PUBLIC NUISANCE FACILITY OR RESIDENCE – Any residence or facility whose owner or inhabitant(s) have received three nuisance citations for the same or different nuisances within the previous 24 months.
PURSUE -- To follow in order to capture, contain, or if necessary, destroy.
QUARANTINE -- Pursuant to an order of the Public Health Veterinarian or local Health Officer and on the private premises of the owner or custodian of the animal or at a Health Department-approved facility, confinement of an animal by leash, an escape-proof enclosure, or another manner, approved in writing by the Public Health Veterinarian or local Health Officer, that ensures protection of the public health (COMAR 10.06.02).
RESPONSIBLE PERSON -- A person age 16 or older who could reasonably be expected to be capable of effectively controlling the animal in question.
RESTRAINT -- Any animal secured and under effective control by means such as a leash or lead, and under the effective control of a responsible person, or within the real property limits of its owner. An animal which threatens bodily injury is not under “restraint.”
SANITARY -- A condition of good order and cleanliness which minimizes the probability of transmission of disease and does not cause a fouling of the air which would be deemed offensive to neighbors or other persons in close proximity to the area.
SECURE ENCLOSURE -- A fenced area or building from which a dog cannot escape or be accidentally released and which cannot be entered by animals or unauthorized persons (an invisible electric fence is not considered a secure enclosure for vicious or dangerous animals)
STRAY -- A domesticated animal that is running at large without identification or a dog license.
WILD ANIMAL -- An animal which is not defined as a domestic animal and is incapable of being completely domesticated or tamed. An animal which in its natural state is wild, dangerous or ferocious and though it may be trained and habituated by the owner will remain dangerous to the public at large. Any hybrid or crossbred animal, which is part exotic or wild.
ZOOLOGICAL PARK -- Any property displaying, harboring, or exhibiting one or more species of wild or exotic animals owned by a person, partnership, corporation, or governmental agency and must be federally licensed.

SECTION 2. ANIMAL CARE AND CONTROL OVERSIGHT COMMISSION
§ 209-201. Animal Care and Control Oversight Commission – Appointments
A. Each member of the Cecil County Board of Commissioners shall appoint one individual from their respective districts for a total membership of five individuals, who would have no conflict of interest with the Animal Care and Control Agency, to serve as the Animal Care and Control Oversight Commission. The commission shall, as needed, call upon a veterinarian with a valid veterinary license to consult within their expertise.
B. The term of members shall be four years and staggered, except that for the initial term when two members, as determined by the Cecil County Board of Commissioners, shall serve a two year term. Appointees can serve no more than two consecutive full terms. Any person appointed to fill a vacancy created by resignation or otherwise shall be appointed only to fulfill the un-expired term of the member who has vacated the position.
C. The members and consulting veterinarians may not receive remuneration for their services and must abide by the Cecil County Code of Ethics.
D. The Cecil County Board of Commissioners may remove a member of the Animal Care and Control Oversight Commission prior to the expiration of the member’s term, if the member fails to attend required meetings or their conduct is unbecoming or prejudicial to the aims or repute of the Commission and the Cecil County Board of Commissioners.
E. Chairperson/President and Vice Chairperson/Vice President, and Recording Secretary shall be designated by members of the Commission for a one-year term and can serve no more than two consecutive full terms.
F. The Commission will conduct mandatory quarterly meetings in addition to other meetings as appropriate. The presence of three members shall constitute a quorum.
§ 209-202. The Animal Care and Control Oversight Commission – Powers and Duties
A. The Animal Care and Control Oversight Commission shall work with the county’s Animal Care and Control Authority to review current county and state animal laws and recommend changes in county animal laws to the Cecil County Board of Commissioners, as well as related fees and fines.
B. The Animal Care and Control Oversight Commission will review the performance of the Animal Care and Control Authority as it relates to adherence of contract terms and report findings to the Cecil County Board of Commissioners.
C. The Animal Care and Control Oversight Commission will annually review and make recommendations regarding any changes deemed necessary for either the renewal of the animal care and control contract, or for the issuance of a Request for Proposal and subsequent award of the animal care and control contract, to the Cecil County Board of Commissioners.
D. The Animal Care and Control Oversight Commission will serve as a review board for cases involving public or interagency complaints regarding the Animal Care and Control Authority.
E. Citations, summons or warrants are not reviewable by this Commission.
F. All reviews will result solely in recommendations or referrals to appropriate agencies. The Commission does not enforce laws.
G. All complaints concerning animal care and control shall first be submitted in writing to the Animal Care and Control Authority, as well as to the Animal Care and Control Oversight Commission. The Animal Care and Control Authority shall notify the Animal Care and Control Oversight Commission in writing of the outcome of the complaint. In the event, a complainant feels their complaint was not handled in an appropriate manner by the Animal Care and Control Authority; the complainant shall then contact the Animal Care and Control Oversight Commission.
§ 209-203. Animal Care and Control Oversight Commission – Reporting and Records
A. At the quarterly meetings, the Commission will review the quarterly financials and animal care and control statistics to be provided by the county’s designated Animal Care and Control Authority to the Commission prior to the announced quarterly meeting date. The Commission will provide a report to the Cecil County Board of Commissioners of these findings with a detailed accounting of the County’s animal care and control funding, expenditures and unresolved complaints. Failure on the part of the Animal Care and Control Authority to provide the required documentation shall immediately be reported to the Cecil County Board of Commissioners.
B. Records will be kept of all meeting agendas, proceedings and review sessions and shall include date, time and location of the session as well as attendees.
C. The County shall retain all records for three years.

SECTION 3. ANIMAL CARE AND CONTROL AUTHORITY
§ 209-301. Powers and duties of the Animal Care and Control Authority charged with enforcing both State and County laws
The Animal Care and Control Authority shall be responsible for implementing this Ordinance and enforcing its provisions, as well as Maryland State animal laws.
§ 209-302. Enforcement
A. The civil and criminal provisions of this chapter shall be enforced by the Animal Care and Control Authority designated by the Cecil County Board of Commissioners. It shall be a violation of this chapter to interfere with an Animal Care and Control Officer in the performance of his or her duties.
B. At the discretion of an Animal Care and Control Officer or Law Enforcement Officer, a citation may be issued to any person in violation of this chapter, any rules and regulations adopted pursuant hereto, or of the Criminal Law Article or any other state law regarding the control or treatment of animals which local Animal Care and Control Officers are authorized to enforce. The citation shall impose upon the owner a fine as indicated by the Animal Care and Control Officer or Law Enforcement Officer. In the event that such fine is not paid within 20 days to the Cecil County Treasurer’s office, said citation shall be forwarded to the Cecil County District Court for disposition. Upon conviction of a violation of this chapter, or any rules and regulations adopted pursuant hereto, the defendant shall be subject to penalties as set forth in the applicable section(s). The fine assessed by the Animal Care and Control Officer, as herein provided, may be increased or decreased by the Court upon conviction as aforesaid.
C. The Animal Care and Control Authority, in addition to and not in substitution for any of the provisions of this chapter, may apply to the court having jurisdiction for a mandatory injunction when the impoundment, confinement, or destruction of an animal is necessary to protect public safety, or if an animal is in need of immediate medical care and the owner is either uncooperative or unable to be contacted in a timely fashion. The owner will be liable for all associated costs.
§ 209-303. Impoundment
A. Dogs at large may be seized by an Animal Care and Control Officer and confined in a humane manner.
B. A domesticated animal that is impounded by the Animal Care and Control Authority must be held for eight days during which time:
(1) The animal must be carefully inspected for a tag, microchip, tattoo, or other identification to ascertain the owner.
(2) If by a license tag or other means, the owner of an impounded animal can be identified; the Animal Care and Control Authority shall attempt to notify the owner by telephone, mail, or by posting notice in a conspicuous location on the owner’s property.
C. Any animal impounded under the provisions of this chapter shall become the property of the Animal Care and Control Authority and may be sold, placed or destroyed provided:
1) It is not reclaimed by its owner within eight days,
2) Eight days have elapsed and attempts to notify the owner have been unsuccessful, and
3) Eight days have elapsed after notice has been received by the owner
D. At any time, the Animal Care and Control Authority may decide to humanely euthanize any animal that is seriously diseased or severely injured, or poses a physical threat to Animal Care and Control Authority staff.
E. All impounded animals shall, within 24 hours of impoundment, Monday through Friday, and 48 hours over weekends and holidays, be photographed and displayed on a website readily available for public access. The internet posting shall remain until the animal is either reclaimed by its owner or disposed of in accordance with this chapter.
F. The owner of an impounded animal shall pay a fee as determined by the Animal Care and Control Authority, this fee shall not exceed the Animal Care and Control Authority’s established rates, for each day the animal has been impounded, as well as any costs, including veterinary expenses incurred by the Animal Care and Control Authority during such impoundment, regardless of whether or not the animal is reclaimed. Additionally, the owner shall pay any fines associated with the animal as set forth in the applicable section(s).
G. An Animal Care and Control Officer may apply to the proper court having jurisdiction for a mandatory injunction to place an animal deemed vicious or dangerous in the custody of the Animal Care and Control Authority for public safety purposes, until such time as there has been a hearing and all appeals have been exhausted.
§ 209-304. Redemption of Impounded Animals.
A. The owner of any impounded animal shall be entitled to resume possession, except as hereinafter provided, upon compliance with the license provisions of Section 209-801 and payment of the redemption fees. Repeat offenses shall incur escalating fines. Owner must provide proof of dog license and current rabies vaccination. If there is no dog license and/or no rabies vaccination, a fine will be levied. Additional fines shall be levied for a dog at large, no tag on the collar, and/or no shelter.
B. If proof of current rabies vaccinations cannot be provided, a fine of $500.00 per animal will be assessed. Prior to the release from confinement, said animal will receive a rabies vaccination at the Animal Care and Control Authority by a licensed veterinarian, and the Animal Care and Control Authority will be compensated by the owner for providing the vaccination.
C. Proof of ownership must be established by providing a minimum of a driver’s license and/or veterinary records.
D. A charge for each calendar day for boarding an animal will be added to the redemption fee as set forth by the animal care and control authority. All redemption and boarding fees shall be collected by the Animal Care and Control Authority prior to the animal being released.
E. Violations of §209-304. Redemption of Impounded Animals, shall result in the assessment of fines as follows:
No proof of county license – First Occurrence: $50.00 per animal.
No proof of county license – Second Occurrence: $75.00 per animal.
No proof of county license – Third or More Occurrences: $100.00 per animal.
No license tag on collar: $35.00 per animal.
Impoundment Fee, Room and board per animal per day will be set by ACCA.
§ 209-305. Reporting Responsibility to the Animal Care and Control Oversight Commission.
A. The Animal Care and Control Authority shall provide animal care and control statistics and financial reports to the Animal Care and Control Oversight Commission, prior to the Commission's scheduled quarterly meetings. These reports shall include, but are not limited to, a complete accounting of the following:
(1) The amount, date received and source of all animal control funds received by the Animal Care and Control Authority from any source including redemption fees, all fines and license fees, as well as proof of payment made to the Cecil County Board of Commissioners for fines and license fees collected on behalf of the County. This accounting requirement does not include private charitable donations and gifts made to the Animal Care and Control Authority. All animal control revenue received pursuant to the terms of the contract shall be clearly marked and separately calculated.
(2) All animal control expenses related to the duties of the Animal Care and Control Authority pursuant to the contract shall be clearly marked and separately calculated.
(3) The licensing, impoundment and disposition of all animals in Animal Care and Control Authority custody and with which it has had contact.
(4) All animal complaints and incident reports, including the report of what action was taken with regard to each such complaint or incident, and the date such action was taken.
(5) All reports of animals bites, together with a notation as to what agency the party submitting the report was referred, and all instances when law enforcement or the County Health Department requests Animal Care and Control Authority assistance and involvement, the results in each such case and, when appropriate, prosecution with regard to each such case.
(6) All records concerning prosecution of any alleged violator of Chapter 209 of the County Code.
B. Failure by the Animal Care and Control Authority to comply with providing complete and adequate documentation to the Animal Care and Oversight Commission, as defined in Section 209-203. A., constitutes a breach of contract and may be grounds for termination. Such action will also result in a penalty of a non-refundable 5% reduction of the county's monthly animal care and control allotment to the Animal Care and Control Authority being deducted from the next month's payment for every business day the required documentation is not provided to the Commission. In the event that this penalty clause is enacted, the Animal Care and Control Authority is still required to provide to the county the contracted level of animal care and control, and must assume any costs incurred by failure on their part to provide the required documentation.

SECTION 4. PUBLIC SAFETY
§ 209-401. Health Certificates
A. All pet shops, commercial kennels, any animal being sold or given away at a public location, and any animal crossing the state line into Cecil County are required to have a certificate of health prepared by a licensed veterinarian.
B. The health certificate shall state that the animal is at least eight weeks of age and shows no signs or symptoms of infectious or communicable disease; and did not originate within an area under quarantine for rabies. The certificate must also state that, as ascertained by reasonable investigation, an animal has not been exposed to rabies within 100 days of importation. All animals must have been vaccinated for rabies in accordance with Maryland State Law. The name of the vaccine manufacturer, the date of administration, and the rabies tag number must appear on the health certificate.
C. Any animal found without the required certificate of health shall be impounded and quarantined.
D. Violations of §209-401. Health Certificates, shall result in the assessment of fines as follows:
No proof of current rabies vaccine: $100.00 per animal.
No health certificate: $500.00 per animal.
§ 209-402. Dangerous Dog (§ 10-619 of the Criminal Law Article of the Annotated Code of Maryland.)
A. Definitions:
(a) (1) In this section the following words have the meanings indicated.
(2) "Dangerous dog" means a dog that:
(i) without provocation has killed or inflicted severe injury on a person; or
(ii) is determined by the appropriate unit of a county or municipal corporation to be a potentially dangerous dog and, after the determination is made:
1. bites a person;
2. when not on its owner's real property, kills or inflicts severe injury on a domestic animal; or
3. attacks without provocation.
(3)(i) "Owner's real property" means real property owned or leased by the owner of a dog.
(ii) "Owner's real property" does not include a public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
(4) "Severe injury" means a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
Exception:
(b) This section does not apply to a dog owned by and working for a governmental or law enforcement unit.
Determination of potentially dangerous dog
(c) An appropriate unit of a county or municipal corporation may determine that a dog is potentially dangerous if the unit:
(1) finds that the dog:
(i) has inflicted a bite on a person while on public or private real property;
(ii) when not on its owner's real property, has killed or inflicted severe injury on a domestic animal; or
(iii) has attacked without provocation; and
(2) notifies the dog owner in writing of the reasons for this determination.
Prohibited
(d) A dog owner may not:
(1) leave a dangerous dog unattended on the owner's real property unless the dog is:
(i) confined indoors;
(ii) in a securely enclosed and locked pen; or
(iii) in another structure designed to restrain the dog; or
(2) allow a dangerous dog to leave the owner's real property unless the dog is leashed and muzzled, or is otherwise securely restrained and muzzled.
Required notice
(e) An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog to another shall notify in writing:
(1) the authority that made the determination under subsection (c) of this section, of the name and address of the new owner of the dog; and
(2) the person taking possession of the dog, of the dangerous behavior or potentially dangerous behavior of the dog.
Penalty
(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.
§ 209-403. Additional Requirements for Dangerous Dog
A. The owner shall have the animal microchipped for permanent identification by a licensed veterinarian within 10 days and be required to register with the microchip company within 24 hours, and the corresponding microchip data shall be given to the Animal Care and Control Authority.
B. An Animal Care and Control Officer may upon receipt of permission from the property owner or after obtaining a court authorized search warrant enter onto the property where a vicious or dangerous dog is to be confined and check for compliance at any reasonable time.
C. An Animal Care and Control Officer or Law Enforcement Officer may pursue and destroy an animal at large that is placing the public in imminent danger or animals in the act of attacking livestock or other domestic animals. Refer to §11-505 of the Criminal Law Article of the Annotated Code of Maryland.

SECTION 5. RABIES CONTROL
§ 209-501. Rabies control.
A. The standards for rabies control provided for in Health-General Annotated Code of Maryland, Title 18, Subtitle 3, Part III and COMAR 10.06.02, Communicable Diseases - Rabies, shall be recognized in Cecil County.
B. All dogs, cats and ferrets over the age of four months shall be immunized against rabies by a licensed veterinarian, at a private or public clinic or by a licensed veterinarian.
C. A report of the circumstances wherein a person is bitten by an animal shall be made promptly to the local police or Sheriff’s Department by every person having firsthand knowledge of the bite occurrence and the report shall be forwarded to both the Health Department and the Animal Care and Control Authority. The local police or Sheriff’s Department shall investigate the incident and carry out the orders of the Maryland Public Health Veterinarian. The local police, Sheriff’s Department or County Health Department may call upon the Animal Care and Control Authority to catch, remove, confine or impound the animal. The animal may be confined at a private residence, any animal shelter, veterinary hospital or a humane organization shelter approved by the Health Officer at the owner's option and expense.
D. If proof of current rabies vaccinations cannot be provided, a fine of $100.00 per animal will be assessed. Prior to the release from confinement, said animal will receive a rabies vaccination at the Animal Care and Control Authority by a licensed veterinarian, and the Animal Care and Control Authority will be compensated by the owner for providing the vaccination. The owner of a dog will also be required to purchase a dog license at this time.
E. If any unvaccinated animal bites a human or domestic animal, it shall immediately be quarantined or processed for rabies, and an additional fine of $500.00 per animal shall be assessed, in addition to the usual rabies and licensing fees.
F. Persons bringing any animal that is required by state law to have a rabies vaccination into the County will have readily available, as proof of vaccination, a valid rabies vaccination certificate signed by a licensed veterinarian or issued by an approved government agency. Animals without valid rabies vaccination certificates will be impounded and either deported or vaccinated by a licensed Maryland veterinarian at the owner's expense. Animals which may have had exposure to rabies must comply with the provisions set forth in this section of this chapter.
G. Dogs brought into the County for training will be exempt from licensing for no more than 45 days but must meet the rabies vaccination requirements of this chapter.
H. Rescue operations that are qualified as an IRS Defined Non-profit organization must vaccinate each dog for rabies. However, such organizations are not required to individually license each dog due to the transient nature of the animals.
I. Owner must be able to provide proof of a current rabies vaccine upon request.
J. Violations of §209-501. Rabies Control, shall result in the assessment of fines as follows:
No proof of current rabies vaccination: $100.00 per animal.
Unvaccinated animal bites a human or domestic animal: $500.00 per animal.
§ 209-502. Reports of Animal Bites.
Any hospital or physician who treats an individual for an animal bite shall immediately telephone and report the incident to the local police or Sheriff’s Department and to the Cecil County Health Department. An Animal Bite Report form shall be completed as required by the Cecil County Health Department.
§ 209-503. Responsibilities of Veterinarians.
D. It shall be the duty of every veterinarian to report to the Health Officer and the Animal Care and Control Authority any animal considered to be rabid or rabies suspect.
E. When an animal is presented to a veterinarian for euthanasia and rabies is not suspected, the veterinarian shall determine if the animal was involved in a human bite (COMAR 10.06.02.13) and if so, report the animal bite (COMAR 10.06.02.05). If the veterinarian determines the animal cannot be safely or humanely quarantined for ten days and euthanasia is performed then the Health Officer, or its designee, shall be notified to arrange for submission of the animal for rabies testing.

SECTION 6. STANDARDS FOR CARE AND KEEPING OF ANIMALS
§ 209-601. Proper Shelter and Care
An owner shall provide his or her animal(s) with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, and shelter or protection from the weather. A proper shelter must be of sufficient size to allow the animal to stand, turn and stretch to its full length and height within the enclosure. An owner must keep all confinement environments clean, free from feces, urine and debris by implementing housing and husbandry practices that are utilized to ensure both physical and mental health of all customary household pets. An enclosure where animals are kept shall be graded and drained so as to keep the surface reasonably dry and prevent any fluids from running through the enclosure. Flies shall be controlled in all enclosures.
A. Between December 1 and March 15 and whenever the real or effective temperature is 35 degrees Fahrenheit or lower, the following shall be provided:
(1) Dog shelter shall have a weather proof roof, the entryway shall be protected by a self-closing door, an offset outer door or a flexible flap made of windproof material. The floor shall be solid and raised from the ground at least two inches. No interior surfaces shall be metal. The dog shelter opening shall be facing away from the prevailing winds.
(2) Bedding, such as wood shavings, straw or other absorbent material shall be provided in sufficient quantity for insulation against cold and damp. Bedding shall be kept dry.
(3) If there is no artificial heat source, structures shall be small enough to allow the dog to warm the interior of the structure and maintain his or her body heat but large enough to permit ease of entry and normal postural adjustments, as previously defined.
(4) Fresh potable water without ice shall be made available to the dog a minimum of twice daily. The water receptacle shall be sanitary and made unable to be tipped over.
B. During the summer months between June 1 and September 15 or whenever the real temperature is above 80 degrees Fahrenheit, shade either natural or manmade shall be made available to a confined dog between the hours of 11:00 a.m. and 3:30 p.m.
(1) Fresh potable water shall always be made available. The water receptacle shall be made sanitary and unable to be tipped over.
(2) Under no circumstances shall a dog house be considered shade during the summer months.
(3) Proper shelter including protection from the weather and elements shall be provided. The shelter for a dog shall have a weatherproof roof, enclosed sides, a doorway, and a solid floor raised at least two inches from the ground and no interior surfaces shall be metal.
C. A dog kennel for outside dogs shall meet the minimum size requirements as listed in Table 209-601-1. These requirements are applicable to all kennels, veterinary hospitals, pet shops, animal care and control facilities and humane organizations.


Table 209-601-1
All dimensions below are in addition to and exclude a dog house.

Number of dogs
Small (up to 25 lbs)
Medium (25-50 lbs)
Large (over 50 lbs)

1
3 x 7 (21 sq. ft.)
6 x 10 (60 sq. ft.)
8 x 10 (80 sq. ft.)

2
4 x 8 (32 sq. ft.)
8 x 10 (80 sq. ft.)
10 x 10 (100 sq. ft.)

3
5 x 9 (45 sq. ft.)
8 x 12 (96 sq. ft.)
10 x 14 (140 sq. ft.)

4
8 x 10 (80 sq. ft.)
10 x 12 (120 sq. ft.)
12 x 16 (192 sq. ft.)
D. The owner of a dog shall not tie, chain, cable or in any way tether a dog outside for more than 12 hours within a 24-hour period, except at sporting events unless there is inclement weather.
E. A tether to confine a dog shall be a minimum of four and one-half times the length of the dog (nose to tail base) and under no circumstances less than ten feet long (unless impossible due to property size in which case the Animal Care and Control Authority shall set forth reasonable substitute requirements.)
F. The tether shall have swivels at both ends to prevent kinking and knotting. The area covered shall be maintained so that the tether cannot become entangled or pose a substantial risk of injury to the dog and must be positioned so that the dog cannot wrap the tether around posts, trees or debris, or hang by jumping a fence or guardrail, or drown by jumping into a pool.
G. Enclosed buildings and sheds used for the housing of dogs shall have readily available outdoor access and be ventilated, i.e., via forced air, and reasonably lighted; provide protection from the weather; the ambient temperature may not exceed 80 degrees Fahrenheit, or a temperature considered safe for the animal’s heath as determined by the breed and condition of the dog, and be kept clean and free of any debris that could endanger the animal, and in good repair at all times. Animal Care and Control will use a guide such as the Tufts Animal Care and Condition (TACC) Scales for Assessing Body Condition, Weather and Environmental Safety, and Physical Care in Dogs in determining the safe temperature. This guide can be referenced online or at a public library.
H. Violations of §206-601. Proper Shelter and Care, shall result in the assessment of fines ranging from $100.00 up to $500.00.
§ 209-602. Neglect and Cruelty.
A person shall not cause, procure or authorize any of the following:
A. Subject an animal to cruelty or neglect.
B. Poison a domesticated animal.
C. Leave ground glass where an animal can ingest it.
D. Cruelly kill, maim, shoot, or otherwise injure an animal, except that:
(1) A licensed hunter may shoot wild animals during the permitted hunting season.
(2) The owner or tenant of land may shoot an animal which preys upon or destroys the owner's or tenant's livestock, provided the animal is not a protected or endangered species under county, state, or federal law.
E. Abandon, or appear to abandon, a domestic animal by leaving or discarding it on roadsides, in trash containers, in or on vacated or vacant premises or any other place.
F. Deliberately injure, abuse, or run down an animal with a vehicle.
G. Deliberately encourage any animal to fight, engage in cockfighting or dog fighting; train or raise animals for fighting, or organize or participate in any way in animal fights. It is also illegal to possess, with the intent to unlawfully use, any of the following: treadmills, breaksticks, pain numbing drugs, steroids, IV catheters, bait, cat mill/jenny, sprintpole/jumppole, chains, weights, and fighting rings.
H. Tease, torment, or deliberately incite an animal, provided that:
(1) Ordinary activities of people on their own property, such as mowing or playing with children and ordinary activities of passersby such as walking or jogging on the sidewalk in front of the animal owne-r's property, are not deliberate incitements, however excited or disturbed the animal becomes from these activities; and
(2) Training of an animal for police work by the state or by a political jurisdiction of the state shall not be considered teasing, tormenting, or deliberately inciting the animal.
I. Allow any animal to remain in a vehicle in a manner that endangers the health or safety of the animal. Under this section, an Animal Care and Control Officer or Law Enforcement Officer may use reasonable force to remove the animal from the vehicle. Any such Officer who uses force under this section shall not be held liable for any damages resulting from the use of that force. Animals may remain in horse trailers and sporting dog boxes in a manner which is generally accepted by the horse and sporting dog community.
J. Violations of §206-602. Neglect and Cruelty, shall result in the assessment of fines as follows:
Sections A. through F., all items: $250.00 to $500.00.
Animal fighting, State of Maryland sets penalty: Imprisonment not to exceed three years and/or a fine not exceeding $5,000.00.
Tease, torment or deliberately incite an animal: $250.00 to $500.00.
Leaving animal unattended in a vehicle under endangering conditions that could endanger the animal: $100.00 to $500.00.
§ 209-603. Animal Behavior/Actions.
A. The owner shall keep their animal from approaching a passerby in a menacing or aggressive fashion.
B. The owner shall keep their animal from destroying private property of others.
C. The owner shall keep their animal from continuous actions and behaviors that could reasonably lead to their animal to be deemed a public nuisance animal.
D. Upon the sworn complaint in the District Court sitting in Cecil County of any person alleging that a domestic animal disturbs the peace and quiet of any neighborhood in Cecil County between the hours of 10:00PM and 6:00AM, a summons shall be issued to the owner or keeper of such domestic animal to appear in the District Court sitting in Cecil County. This section does not include a working farm provided that normal and customary farming practices are in use, or an animal that is accompanied by its owner or under his control when engaged in supervised hunting.
E. The owner of an animal, other than a cat, shall prevent the animal from leaving the owner's property unattended or unrestrained.
F. Violations of §206-603. Animal Behavior/Actions, shall result in the assessment of fines as follows:
Menacing or aggressive dog toward people or animals, without contact: $50.00 to $250.00
Menacing or aggressive dog toward people or animals, with contact or minor injury: $100.00 to $500.00
Destruction of private property: $25.00 to $100.00
Disturbing the peace: $25.00 to $100.00
§ 209-604. Restraint
A. Dogs shall be kept under restraint or effective control at all times.
B. All dogs must be restrained by leash, chain, kennel or fence.
C. The owner of animal(s) that is fenced shall erect fencing normally considered suitable for the species and type of animal to be contained. Fencing shall be appropriate so as to keep the intended animals restrained within its boundaries. Fencing shall be monitored, well maintained and kept in good repair. In the case of a dog, if the owner utilizes an "invisible fence" to restrain a dog it may only be used if it consistently and effectively restrains the dog and is appropriate to be accessible for the dog in question. No vicious or dangerous dog may be restrained behind an "invisible fence."
D. Any dog at large that has a current rabies vaccination and county dog license, and attacks another animal causing injury documented by a veterinarian shall result in the dog’s owner being subject to penalties as set in item F below.
E. In addition to, or in lieu of, impounding an animal found at large, the Animal Care and Control Officer or Law Enforcement Officer may issue to the known owner of such animal a citation. The citation shall impose upon the owner a fine as indicated by the Animal Care and Control Officer or Law Enforcement Officer. In the event that such fine is not paid within 20 days to the Cecil County Treasurer’s office, said citation shall be forwarded to the Cecil County District Court for disposition. Upon conviction of a violation of this chapter, or any rules and regulations adopted pursuant hereto, the owner shall be subject to penalties as set in item F below. The fine assessed by the Animal Care and Control Officer, as herein provided, may be increased or decreased by the Court upon conviction as aforesaid.
F. Violations of §206-604. Restraint, shall result in the assessment of fines as follows:
Lack of restraint: $100.00 to $500.00
At large: $250.00 to $500.00
§ 209-605. Female Dogs in Estrus (Heat).
The owner of a female dog in heat shall keep the dog secure inside a well ventilated building on the owner's property except that:
A. When the dog is on a leash and is accompanied by the owner, the dog may be allowed outside for the purpose of natural relief, but may not be taken off the owner's property.
B. When necessary for medical treatment, boarding, or breeding, and while under the direct and effective control of the owner, the dog may be conveyed to and left at a suitable place to be treated, boarded, bred or shown in an organized dog show or event. For purposes of this section, "suitable place" shall mean a licensed kennel, an establishment operated by a licensed veterinarian, or a location at which the person assuming care and custody of the dog prevents the dog from coming in contact with other dogs, except for planned breeding.
C. Violations of §209-605. Female Dogs in Estrus, shall result in the assessment of a $200.00 fine.
§ 209-606. Animal Waste and Dead or Decaying Animals.
A. The owner of every animal shall be responsible for the removal of all excreta deposited by the animal(s) on public property, including walks, recreation areas, or on private property, other than that of the owner. The owner of every animal shall not allow excreta deposited by animals to accumulate on his or her property so as to cause a health hazard or become a nuisance. This section does not include a working farm provided that normal and customary farming practices are in use.
B. When any domestic animal dies, its owner shall be responsible for the animal to be removed, pursuant to the direction of the Animal Care and Control Authority, to a crematorium, animal rendering company, composted, or buried within 72 hours of the death of the animal.
C. It shall be unlawful for any person, whether the owner or lessee of a property, to allow a dead domestic animal to decay on his or her property, without the permission of the Animal Care and Control Authority and the Health Department.
D. It shall be unlawful for any person to allow a domestic animal to foul the air of neighboring property owners so as to keep them from the enjoyment of their property through animal waste or an animal's death. This section does not include a working farm provided that normal and customary farming practices are in use.
E. Violations of §206-606. Animal Waste and Dead or Decaying Animals, items C and D, shall result in the assessment of fines ranging from $25.00 up to $100.00.

SECTION 7. KENNELS, CATTERIES AND PET SHOPS
The Animal Care and Control Authority may refuse to issue or may revoke any license if the person holding the license refuses or fails to comply with this chapter or any law governing the protection and humane keeping of animals. Fines will be levied as set forth in the applicable section(s).
Any person whose license is revoked may, within 14 days of the decision revoking such license, appeal the decision to the Animal Care and Control Oversight Commission/Board of County Commissioners, a date and time will be set for a hearing at which those wishing to be heard concerning the revocation of the license will be heard. A decision affirming or reversing the decision of the Animal Care and Control Authority shall be made by the Animal Care and Control Oversight Commission/Board of County Commissioners within 14 days after such hearing. After which time the person whose license was revoked will have the right of appeal to the Circuit Court of Cecil County in accordance with the Maryland rules of procedure.
Any person whose license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept, or harbored, and provide a written accounting of those dispositions to the Animal Care and Control Authority; no part of the license fee shall be refunded.
It shall be a condition of the issuance of any license that the Animal Care and Control Authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspections is refused, revoke the license of the refusing owner.
If the applicant has withheld or falsified any information on a kennel, cattery or pet shop application, the Animal Care and Control Authority shall refuse to issue a license or permit and shall revoke any existing license or permit.
No person, holding an ownership, manager or board interest in any kennel, cattery or pet shop, who has been convicted of cruelty to animals shall be issued a license or permit. An exception may be made for shareholders of an incorporated pet shop with multiple shareholders, however, no exception will be made for that corporation’s managers or board members.
Three failed inspections within a license or permit year shall result in revocation of the license or permit. Revocation shall result in seizure of the animals by the Animal Care and Control Authority, with the kennel, cattery or pet shop owner(s) being responsible for all necessary veterinary costs and all applicable fines and fees. If a license is revoked, the license holder(s) shall not be granted another license for a period of three years from the revocation date.
Any kennel, cattery or pet shop requiring a re-inspection will be charged a re-inspection fee of $150.00. Failure to comply with a kennel inspection shall result in a fine of $500.00. Failure to pay any fees or fines may result in the denial or revocation of the license and an additional fine of $300.00.
All kennels, catteries and pet shops must maintain a copy of any completed kennel/cattery inspection performed by Animal Care and Control Authority for a period of one year and must display it in a prominent place.
Any critically ill animals in a kennel, cattery or pet shop not treated by a licensed veterinarian within a reasonable time, not to exceed 48 hours, may be seized by the Animal Care and Control Authority and provided with proper veterinarian care. The kennel, cattery or pet shop owner/ operator(s) will be held financially responsible for all incurred expenses, and the animal(s) may be returned to the kennel or retained by the Animal Care and Control Authority. Additionally, the kennel, cattery or pet shop owner/operator may be charged with animal cruelty and fined as set forth in Section 209-602.
§ 209-701. Commercial Kennel and Cattery
A. Must comply with all state and county regulations. A kennel or cattery inspection must be performed annually by an Animal Care and Control Officer. Continuing to operate after revocation of a commercial kennel or cattery license shall also result in a fine up to $2,500.00.
B. Failure to pass an inspection will result in suspension of the business operation for 48 hours to come into compliance upon re-inspection.
C. A commercial kennel must present a completed Program of Veterinary Care and an Exercise Plan for Dogs to the Animal Care and Control Officer for review during an inspection and must maintain a copy of the approved plan for a period of one year, and must display the plans in a prominent place. See Appendix 5, Program of Veterinary Care, and Appendix 7, Exercise Plan for Dogs.
D. A cattery must present a completed Program of Veterinary Care for cats for review during an inspection and must maintain a copy of the approved plan for a period of one year, and must display the plans in a prominent place. See Appendix 13, Program of Veterinary Care for Cats.
E. Commercial kennels must comply with County zoning regulations.
F. Must have a business license and a County commercial kennel license.
G. Each dog must have an individual dog license.
H. All breeding dogs and cats must have a registered microchip.
I. No bitch or queen may be bred until she is certified healthy to breed by a licensed veterinarian.
I. Only puppies and kittens a minimum of eight weeks of age and certified healthy by a licensed veterinarian may be sold.
J. Possession of a commercial kennel or cattery license infers permission to allow the Animal Care and Control Authority to inspect mother and puppies to assure good health and proper nutrition.
K. All kennel and cattery enclosures must provide sufficient space to allow the animal to move freely and fully extend so that no parts of the animal’s body touches any side of the enclosure or another animal in the enclosure.
L. All dogs must be provided a minimum of two exercise periods totaling two hours within a 24-hour period and documentation of such time periods must be maintained and provided when requested.
M. Measures must be taken to minimize exposure to rodents, insects and pests.
N. Fresh, potable water must be available at all times.
O. All animals must have proof of a rabies vaccinations administered by a licensed veterinarian.
P. Must have contracts for all outgoing puppies, adult dogs, kittens and cats being adopted that offer a 72-hour health guarantee and guarantee against any Congenital and Genetic Defects good for a minimum of one year. The seller of an animal who is found to have a congenital or genetic defect, identified by a licensed veterinarian, within one year from the date of purchase, will result in a fine being assessed in the amount of $250.00 per animal, as well as the seller shall also be required to reimburse the buyer the purchase price of the animal and all reasonable, documented veterinary costs that were associated with the congenital or genetic defect. The contract must also state that, if at any time the buyer is unable to keep the animal or provide the animal with the appropriate home and care, it is to be returned to the commercial kennel at the buyer’s expense.
R. All records shall be kept for a minimum of two years.
S. Violations of §209-701 Commercial Kennel and Cattery, unless otherwise stated, shall result in the assessment of fines ranging from $100.00 up to $500.00.
§ 209-702. Hobby Kennel
A. Must comply with all state and county regulations. A kennel inspection must be performed annually by an Animal Care and Control Officer.
B. Must present a completed Program of Veterinary Care and an Exercise Plan for Dogs to the Animal Care and Control Officer for review during an inspection and must maintain a copy of the approved plans for a period of one year displayed in a prominent place. See Appendix 5, Program of Veterinary Care, and Appendix 7, Exercise Plan for Dogs.
C. Each dog must have an individual dog license.
D. Must have a Hobby Kennel license, see Appendix 6, Hobby kennel License Application.
E. A commercial kennel license shall be required, if breeding more than two litters for sale within a twelve-month period.
F. All dogs must have a registered microchip.
G. Only puppies a minimum of eight weeks of age and certified healthy by a licensed veterinarian may be sold.
H. Possession of a Hobby Kennel license infers permission to allow the Animal Care and Control Authority to inspect any mother and puppies to assure good health and proper nutrition.
I. Violations of §209-702. Hobby Kennel, unless otherwise stated, shall result in the assessment of fines ranging from $50.00 up to $250.00.
§ 209-703. Boarding Kennel
A. Must comply with all state and county regulations. A kennel inspection must be performed by Animal Care and Control Officer, thereafter the kennel is only subject to unannounced inspections by the Animal Care and Control Authority.
B. Must present a completed Exercise Plan for Dogs to the Animal Care and Control Officer for review during an inspection and must maintain a copy of the approved plan for a period of one year displayed in a prominent place. See Appendix 7, Exercise Plan for Dogs.
C. Must comply with all County and zoning regulations. See Appendix 16, Boarding Kennel License Application.
D. Must be clean and free from objectionable odors.
E. Inside ambient temperature must be regulated and cannot exceed 80 degrees Fahrenheit, or a temperature considered safe for the animal’s heath as determined by the breed and condition of the dog, and be kept clean and free of any debris that could endanger the animal, and in good repair at all times. Animal Care and Control will use a guide such as the Tufts Animal Care and Condition (TACC) Scales for Assessing Body Condition, Weather and Environmental Safety, and Physical Care in Dogs in determining the safe temperature. This guide can be referenced online or at a public library.
F. Construction is such that the security of the dog is ensured and kennel wall areas are a minimum height of five feet.
G. The floors of kennels and individual exercise areas must be constructed and maintained in such a condition as to prevent ponding of any liquefied substances.
H. Only one dog may be housed per kennel unless the dogs are from the same household.
I. All dogs must have access to outdoor exercise areas.
J. Facility must be maintained and repairs carried out regularly.
K. At no time will stray animals be housed with boarded animals, except in accordance with the Cecil County Emergency Preparedness Plan.
L. Measures must be taken to minimize exposure to rodents, insects and pests.
M. Fresh, potable water must be available at all times.
N. All animals must have proof of a rabies vaccination administered by a licensed veterinarian.
O. If the owner of a boarding kennel also owns a licensed hobby kennel, the $75.00 boarding kennel application fee will be waived, if both the Hobby Kennel License and Boarding Kennel are applied for at the same time.
P. Violations of §209-703 Boarding Kennel, unless otherwise stated, shall result in the assessment of fines ranging from $50.00 up to $250.00.
§ 209-704. IRS Defined Non-Profit Canine Rescue Kennel
A. Must comply with all State and County regulations and are subject to all fines and fees as set forth in this Chapter. Any kennels utilized shall comply with County zoning regulations.
B. An annual IRS Defined Non-Profit Canine Rescue Kennel Permit Application must be submitted and approved. Applications may be obtained from the Cecil County Treasurer’s Office, the Animal Care and Control authority or from the County’s website. The applicant must contact the Animal Care and Control Authority for an application review and to schedule an annual inspection. The application review/inspection fee will be waived for IRS Defined Non-profit Canine Rescue Kennels, see Appendix 12, IRS Defined Non-Profit Canine Rescue Kennel Permit Application.
C. Must maintain a current Program of Veterinary Care and an Exercise Plan for Dogs, these must be displayed in a prominent place. See Appendix 5, Program of Veterinary Care, and Appendix 7, Exercise Plan for Dogs.
D. All dogs must be rabies vaccinated according to County code but individual dogs do not have to have a license due to the transient nature of the dogs.
E. Violations of §209-704 IRS Defined Non-Profit Canine Rescue Kennel, unless otherwise stated, shall result in the assessment of fines ranging from $25.00 up to $100.00.
§ 209-705. Pet Shop Standards.
All pet shops, including pet shops run in conjunction with any other business, shall, in addition to all other requirements of law, comply with the minimum standards for maintaining satisfactory sanitary and housing requirements established by the County and State Departments of Health and the Animal Care and Control Authority. The annual licensing fee shall be established by the Cecil County Board of Commissioners.
Additional minimum pet shop standards are:
A. All animals shall be treated humanely.
B. All animals shall be provided with nutritious food in sufficient quantity, proper drink, air, and space appropriate to the age and type of animal, as well as necessary veterinary care. All mammals under three months of age shall be fed at least three times per day.
C. All animals shall be fed, watered and provided with clean bedding every day of the week, including Sundays and holidays.
D. All food shall be served in a clean container, so mounted that the animal cannot readily tip it over or defecate or urinate therein.
E. Fresh water shall be available to all animals at all times. All water containers shall be so mounted that the animal cannot readily turn them over and should be removable for cleaning.
F. The temperature of the animal enclosures shall be maintained at a level suitable for the animal contained therein.
G. There shall be sufficient clean, dry bedding to meet the needs of each animal.
H. Hot water with a commercial disinfectant must be kept at a minimum temperature of 110 degrees Fahrenheit and shall be available for the washing and disinfecting of food dishes, water dishes and cages.
I. All cages and enclosures shall be constructed of a nonporous material for ease in cleansing and disinfecting. Each cage must be of sufficient size to allow the enclosed animal to stand, turn and stretch to its full length and height within the enclosure.
J. If a mesh or screen type material is used as a suspended cage floor, one-half of the mesh surface is required to be covered with a removable, flat, nonporous material. This material will be required to be in place in the cage while occupied, with the exception of cleaning and disinfecting time.
K. All fish shall be contained in a clean, algae-free tank in which the water temperature shall be maintained at a constant, healthful level, with the exception of the species of fish that needs algae to survive in its environment. Dead fish shall immediately be removed from the tanks.
L. Pet shops selling psittacine birds shall comply with all Health Department requirements for psittacine birds, including completion of the required State of Maryland Application for an Exotic Bird Permit, see Appendix 10. Every bird shall be placed in a clean cage with sufficient room to allow the bird to sit upon a perch. Large birds shall be placed in separate cages from smaller birds.
M. Must have contracts for all outgoing puppies, adult dogs, kittens and cats being adopted that offer a 72-hour health guarantee and guarantee against any Congenital and Genetic Defects good for a minimum of one year.
N. The Animal Care and Control Authority may suspend, revoke or refuse any license issued under this chapter if the licensee has secured such license by misrepresentations or failed to maintain the standards required by this chapter.
O. Violations of §209-705 Pet Shop Standards, unless otherwise stated, shall result in the assessment of fines ranging from $25.00 up to $100.00.
§ 209-706. Kennel, Cattery or Pet Shop Closure
A. A Kennel, Cattery or Pet Shop Closure application must be submitted to the Animal Care and Control Authority prior to closure of a licensed kennel or pet shop. Once the Animal Care and Control Authority receives the application, a closure inspection shall be performed before the kennel or pet shop may officially close. Kennel, Cattery and pet shop owners who voluntarily close their kennel should feel free to consult with the Animal Care and Control Authority for assistance in re-homing animals. See Appendix 11, Kennel, Cattery or Pet Shop Closure Application.
B. Any Pet Shop, Kennel or Cattery closure prior to receiving Animal Care and Control Authority approval shall result in the assessment of a $500.00 fine. This fine shall be in addition to any other applicable fines provided in this ordinance.

Section 8. Licensing
§ 209-801. General Licensing
A. No person shall own, keep or harbor a dog over the age of four months within Cecil County unless it is licensed. The application for the license shall state the name and address of the owner and the name, breed, color, age and sex of the dog. A valid certificate of rabies inoculation issued by a Veterinarian or anti-rabies clinic recognized by the Health Officer, stating the inoculation date, expiration date and the type of vaccine used, shall accompany the application for a dog license.
B. Dog licenses can be obtained from the Cecil County Treasurer’s Office, the Animal Care and Control Authority, participating veterinarian offices and municipalities. See Appendix 2, Dog License Application.
C. The annual license fee shall be determined by the Cecil County Board of Commissioners. The license fee will be offered at a discounted price for a dog that has been spayed/neutered and/or microchipped. Each dog over the age of four months shall be licensed on or before December 31 for each licensing year. Rabies vaccinations shall be required for each dog prior to issuing a license. Certification that a dog has been spayed/neutered shall be required as proof in order to obtain the reduced license fee.
D. All dog licenses shall be valid for one year beginning with January 1.
(1) Application for dog licenses may be made within 60 days prior to January 1 or within 30 days following the establishment of residency within the County or within 30 days after a dog becomes four months of age, without penalty.
E. If there is a change in ownership of a dog, kennel, cattery or pet shop during the license year, the license shall be non-transferable.
F. In the event a dog has a valid license by another Maryland County which has the equivalent requirements for licensing and the owner becomes a resident of Cecil County, a license transfer fee will be charged as set forth by the Cecil County Board of Commissioners.
G. The licensing requirements of this chapter shall not apply to any animal belonging to a nonresident of the County and kept within the boundaries of the County for not longer than 45 days or whose owner can show proof of a current license from their resident jurisdiction. All dogs and cats shall at the time of entry into the county be properly vaccinated against rabies and, while kept within the County, meet all other requirements of this chapter.
H. Dogs brought into the County for training will be exempt from licensing for no more than 45 days but must meet the rabies vaccination requirements of this chapter.
I. Assistance dogs and governmentally owned dogs are exempt from the license fee of this chapter; however, they must obtain a dog license which shall be provided at no charge.
J. Maryland licensed veterinary hospitals or clinics and the Animal Care and Control Authority, as long as they do not advertise boarding facilities, as well as federally licensed research facilities, do not have to purchase a kennel license.
K. Any Pet Shop, Kennel or Cattery closure operating without obtaining the proper license shall result in owner being assessed a $500.00 fine.
L. Violations of §209-801. Licensing, shall result in the assessment of fines as follows:
Any Kennel, Cattery or Pet Shop operating without obtaining the proper license: $500.00
Failure to have a dog licensed: $80.00
§ 209-802. Commercial Kennel and Cattery Licensing –
B. A Commercial Kennel or Cattery license application must be submitted and approved annually. An application may be obtained from the Cecil County Treasurer’s Office, the Animal Care and Control Authority or from the County’s website, www.ccgov.org.
C. For new Commercial Kennel and Cattery Licenses, the applicant shall submit the completed application to the Office of Planning and Zoning. Upon approval from Planning and Zoning, the applicant must submit the application to the Animal Care and Control Authority for further application review and to schedule a Commercial Kennel inspection, see Appendix 3, Kennel Inspection Report. An application review/inspection fee, as set forth in Appendix 1. Fees Schedule, must be paid to the Cecil County Treasurer before the inspection will be scheduled.
D. Upon successful application review and completion of a Commercial Kennel or Cattery inspection by the Cecil County Animal Care and Control authority, the applicant must obtain a business license.
E. The applicant will then submit the approved Commercial Kennel or Cattery license application along with the required documentation, plus the business license, and the license fee, as set forth in Appendix 1. Fees Schedule, to the Cecil County Treasurer’s office to obtain a Commercial Kennel license.
F. Annual renewal is required. Provided there are no changes to the property or to planning and zoning requirements, Planning and Zoning approval is not required for these license renewals. Ninety days prior to expiration of the Commercial or Cattery Kennel license, the Animal Care and Control Authority must be contacted to schedule an annual inspection. An application review/inspection fee, as set forth in Appendix 1. Fees Schedule, must be paid to the Cecil County Treasurer before the inspection will be scheduled. Upon successful application review and inspection, the applicant will submit the required documentation, the business license, and payment of the license fee to the Cecil County Treasurer’s office to obtain a Commercial Kennel or Cattery license.
§ 209-803. Hobby Kennel Licensing -
A. A Hobby Kennel license application must be submitted and approved annually from the Cecil County Treasurer’s Office, the Animal Care and Control authority or from the County’s website.
B. The applicant must contact the Animal Care and Control Authority for an application review and to schedule a Hobby Kennel inspection. An application review/inspection fee, as set forth in Appendix 1. Fees Schedule, must be paid to the Cecil County Treasurer before the inspection will be scheduled.
C. Upon successful completion of the Hobby Kennel inspection, the applicant will then submit the approved Hobby Kennel license application, along with the required documentation and the license fee, as set forth in Appendix 1. Fees Schedule, to the Cecil County Treasurer to obtain a Hobby Kennel license.
D. Annual renewal is required. Ninety days prior to expiration of the Hobby Kennel license, the Animal Care and Control Authority must be contacted to schedule an annual inspection. An application review/inspection fee, as set forth in Appendix 1. Fees Schedule, must be paid to the Cecil County Treasurer before the inspection will be scheduled. Upon successful application review and inspection, the applicant will submit the required documentation and payment of the license fee to the Cecil County Treasurer’s office to obtain a Hobby Kennel license.
§ 209-804. Boarding Kennel Licensing
A. Must meet all existing zoning requirements. An annual Boarding Kennel license application must be obtained from the Cecil County Treasurer’s Office, the Animal Care and Control authority or from the County’s website, see Appendix 16, Boarding Kennel License Application.
B. Upon initial application for a Boarding Kennel License, the applicant must contact the Animal Care and Control Authority for an application review and to schedule a Boarding Kennel inspection. An application review/inspection fee, as set forth in Appendix 1. Fees Schedule, must be paid to the Animal Care and Control Authority before the inspection will be scheduled. Thereafter, an annual inspection will not be required, although an annual application review and license renewal will be required.
C. Must obtain a business license.
D. Upon successful completion of the Boarding Kennel inspection and/or application review, the applicant will then submit the approved Boarding Kennel license application, along with the required documentation and the license fee, as set forth in Appendix 1. Fees Schedule, to the Cecil County Treasurer’s office to obtain a Boarding Kennel license.
E. Annual renewal is required. Provided there are no changes to the property or to planning and zoning requirements, Planning and Zoning approval is not required for this license renewal. Ninety days prior to expiration of the Pet Shop license, the Animal Care and Control Authority must be contacted to schedule an annual inspection. An application review/inspection fee, as set forth in Appendix 1. Fees Schedule, must be paid to the Cecil County Treasurer before the inspection will be scheduled. Upon successful application review and inspection, the applicant will submit the required documentation, the business license, and payment of the license fee to the Cecil County Treasurer’s office to obtain a Boarding Kennel license.
§ 209-805. Pet Shop Licensing –
A. Must meet all existing zoning requirements. An annual Pet Shop application must be obtained from the Cecil County Treasurer’s Office, the Animal Care and Control authority or from the County’s website, see Appendix 8, Pet Shop License Application.
B. The applicant must contact the Animal Care and Control Authority for an application review and to schedule a Pet Shop inspection. An application review/inspection fee, as set forth in Appendix 1. Fees Schedule, must be paid to the Animal Care and Control Authority before the inspection will be scheduled, see Appendix 9, Pet Shop Inspection Report.
C. Upon successful completion of the Pet Shop Inspection and license application approval, the applicant must obtain a business license.
D. The applicant will then submit the approved Pet Shop License application, along with the required documentation, including appropriate state and federal licensure, the business license, and the license fee, as set forth in Appendix 1. Fees Schedule, to the Cecil County Treasurer’s office to obtain a Pet Shop license.
E. Annual renewal is required. Provided there are no changes to the property or to planning and zoning requirements, Planning and Zoning approval is not required for a license renewal. Ninety days prior to expiration of the Pet Shop license, the Animal Care and Control Authority must be contacted to schedule an annual inspection. An application review/inspection fee, as set forth in Appendix 1. Fees Schedule, must be paid to the Cecil County Treasurer before the inspection will be scheduled. Upon successful application review and inspection, the applicant will submit the required documentation, the business license, and payment of the license fee to the Cecil County Treasurer’s office to obtain a Pet Shop license.
§ 209-806. Tags and Collars
A. Upon complying with the provisions of Section 209-801 of this chapter, there shall be issued to the dog owner a license tag.
B. Every dog owner is required to see that the license tag is securely fastened to the animal's collar or harness, which must be worn by the animal at all times, unless the animal is engaged in supervised hunting or other sport where a collar might endanger the animal's life or safety.
C. Lost hunting dogs must be reported lost within 24 hours of the hunt or field trial to be exempt from wearing a collar.
D. In the event that a license tag issued for a dog is lost, the owner may obtain a replacement tag upon payment as set forth in Appendix 1. Fees Schedule.
E. Violations of §209-806. Tags and Collars, shall result in the assessment of a $35.00 fine.

SECTION 9. OTHER PROVISIONS
§ 209-901. Other Regulated Activities.
A. A person shall not involve an animal in a game of chance or an event involving gambling, except for legitimate sporting events such as horse races and dog shows.
B. A person who sets a trap shall check the trap twice daily; and remove or cause to have removed any animal in the trap immediately.
C. A person who injures or kills a domesticated animal while driving a vehicle shall make a reasonable effort to locate the owner and inform the owner of the accident, or notify the Animal Care and Control Authority or law enforcement of the accident as soon as possible.
D. Violations of §209-901. Other Regulated Activities, shall result in the assessment of fines as follows:
Failure to check a trap twice daily: $50.00 to $250.00
Failure to notifiy ACCA or law enforcement after killing or injuring a domesticated animal with a vehicle: $250.00

§ 209-902. Dangerous Wild or Exotic Animals.
A. No private citizen may possess or harbor a potentially dangerous or vicious wild animal within the geographic boundaries of Cecil County. Refer to the Section 10-621 of the Criminal Law Article of the Annotated Code of Maryland.
B. Violations of §209-902 Dangerous Wild or Exotic Animals shall result in the assessment of fines ranging from $250.00 up to $500.00.
§ 209-903. Severability
It is hereby declared to be the intention of the Board of Commissioners that the sections, paragraphs, sentences, clauses, and words of this code are severable and if any word, clause, sentence, paragraph or section of this code shall be declared unconstitutional or otherwise invalid by valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses, sentences, paragraphs, and sections of this code, since the same would have been enacted by the Board of Commissioners without the incorporation into this code of any such unconstitutional or invalid word, clause, sentence, paragraph or section.
§ 209.904. Effective date
A. This ordinance shall take effect on to be determined.
B. Existing dog licenses that would normally expire on June 30, 2012 will remain in effect until December 31, 2012 when the new licensing year begins January 1, 2013.
C. Existing kennels and pet shops, as classified in Section 7. Kennels and Pet Shops that may not successfully meet all provisions of Section 7 by the effective date, and wish to remain in operation may apply for a non-renewable three month extension grant period to comply with the provisions of Section 7 of this Ordinance, provided a written request is submitted to the Animal Care and Control Authority. The written request must include complete owner and contact information, as well as the reason for requesting the extension, and specific plans for bringing the establishment into compliance. Upon approval of the extension grant period by the Animal Care and Control Authority, the owner of the existing kennel or pet shop is required to apply for all necessary approvals and be in full compliance no later than three months after the enactment of this law, or file for a kennel or pet shop closure as set forth in Section 209-706. Failure to comply with all provisions of Section 209-706 at the end of the granted extension period will result in the kennel or pet shop not being granted the appropriate license and the kennel or pet shop will then be in violation of this ordinance, resulting in a fine three times that of the maximum applicable fee and further legal action.
C. Existing IRS Defined Non-profit rescue groups, as classified in Section 7. Kennels and Pet Shops that may not successfully pass an inspection by the Animal Care and Control Authority, See Appendix 3, Kennel Inspection Report, and wish to remain in operation may apply for a non-renewable three month extension grant period to comply with the provisions of Section 7 of this Ordinance, provided a written request is submitted to the Animal Care and Control Authority. The written request must include complete owner or director contact information, as well as state the reason for requesting the extension and specific plans for bringing the establishment into compliance. Upon approval of the extension grant period by the Animal Care and Control Authority, the IRS Defined Non-profit rescue will be subject to Animal Care and Control Authority inspections within three months after the enactment of this law, or must file for a kennel closure as set forth in Section 209-706. Failure to comply with all provisions of Section 209-706 at the end of the granted extension period will result in the IRS Defined Non-profit rescue group being in violation of this ordinance, resulting in a fine three times that of the maximum applicable fee and further legal action

Section 10. Fines and Penalties
§ 209-1001. Violations and Penalties.
A. Any person who fails to perform an act required by Chapter 209, or by any rule or regulation adopted pursuant hereto; or who takes any action prohibited by any provision of this chapter, or by any rule or regulation adopted pursuant hereto; or who in any way violates any provision of this chapter, or any rule or regulation adopted pursuant hereto, shall be deemed guilty of a misdemeanor and shall be punished by confinement in the county jail for not more than 30 days or by a fine up to $2,500.00, or both. If any violation be continuing, each day's violation shall be deemed a separate violation.
B. Animal Care and Control Fines and Fees as listed throughout this law shall be established by resolution of the Cecil County Board of Commissioners. Additionally, the Animal Control and Care Authority shall establish and post fees associated with board, medical treatment, etc.; these fees will also be published on the Animal Control and Care Authority’s website to be made available to the public.


Chapter 209. Animal Care and Control
Appendix 1. Fees Schedule
Revised June 2011
Board of County Commissioners
Cecil County, Maryland
200 Chesapeake Blvd., Suite 2100
Elkton, Maryland 21921
FEES SCHEDULE

This Appendix and any fines listed in Chapter 209 may be amended by resolution of the
Board of Cecil County Commissioners.

Section Number
Fee
§209-304. Redemption of Impounded Animals

Impoundment Fee, Room and board per animal per day
Set by ACCA
Section 7. Kennels, Catteries and Pet Shops
Kennel Re-Inspection

$150.00
§209-704. IRS Defined Non-Profit Canine Rescue Kennel – Failure to comply with ACCA inspections
Application Review:
Waived
§209-801. General Licensing

Dog license, if non-altered
$20.00
Dog license, if microchipped* and non-altered
$15.00
Dog license, if neutered or spayed*
$10.00
Dog license, if microchipped and spayed or neutered*
$ 5.00
Seeing Eye or other Service Dogs
No charge

Dog license, senior citizens 65+ with proof of age, non-altered
(Must be obtained from the Treasurer's office)
$18.00

Dog license, senior citizens 65+ with proof of age if microchipped* and non-altered
(Must be obtained from the Treasurer's office)
$15.00

Dog license, senior citizens 65+ with proof of age, per household if spayed or neutered*
(Must be obtained from the Treasurer’s office)
2 Free tags

Dog license, senior citizens 65+ with proof of age, per household if in excess of two dogs and spayed or neutered*
(Must be obtained from the Treasurer’s office)
$15.00

Dog license, senior citizens 65+ with proof of age, per household if in excess of two dogs and spayed or neutered and microchipped*
(Must be obtained from the Treasurer’s office)
$12.00
License transfer fee
$5.00
* Proof of spay, neuter and microchipping from a licensed veterinarian required




Appendix 1. Fees Schedule (Continued)

Section Number
Fee
§209-802. Commercial Kennel and Cattery Licensing, in addition to a business license







* Additional requirements for 51 – 75 dogs and cats:
Permitted as a special exception in the NAR and SAR zones
Minimum Acreage – ten (10) acres, even if dogs are placed in a soundproof building. (This does not apply to a cattery)
Written notification and permission from neighbors of adjoining properties.
Application:Review:
$50.00
Annual License:
1 1 – 10 animals = $100.00/year
1111 – 20 animals = $200.00/year
2121 – 30 animals = $300.00/year
3131 – 40 animals = $400.00/year

41 – 50 animals = $500.00/year
51–75 animals *=
$1,000.00
§209-803. Hobby Kennel Licensing
Application:Review:
$50.00
Annual License:
$50.00
§209-804. Boarding Kennel License
Application:Review:
$50.00
Annual License:
$100.00
§209-805. Pet Shop Licensing, in addition to a business license
Application:Review
$50.00
Annual License:
$200.00
§209-806. Tags and collars - Replacement tag if original tag is lost
$ 2.00



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