Carroll County, Maryland

§ 90.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term not defined in this chapter shall have the meaning as defined in any other chapter of the County Code. Any term not defined in the County Code shall have its generally accepted meaning.

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CATTERY. Any premises on which, for remuneration, any person engages in the business of boarding cats or, for the purpose of selling them, breeding more than two litters of cats per year.

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KENNEL, COMMERCIAL. Any premises on which any person engages in the business of boarding, breeding more than two litters per year, buying, letting for hire, training for a fee, or selling dogs.

§ 90.02 LICENSING.

(A)   An owner of a dog shall obtain a license for the dog as herein provided, unless the dog is less than four months old.

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(J)   A license may be issued after payment of a fee of $5 for each spayed or neutered dog required to be licensed, and a fee of $25 for each unspayed or unneutered dog required to be licensed. For owners age 62 and over, the fees shall be $3 for each spayed or neutered dog required to be licensed, and $10 for each unspayed or unneutered dog required to be licensed. Persons who fail to obtain a license as required herein before March 1 of any year will be subjected to a penalty of $10 for each license that was not obtained. This penalty shall be in addition to any citation issued under the provisions of § 90.16 or § 90.99.

§ 90.03 PERMITS FOR COMMERCIAL ANIMAL ESTABLISHMENTS, ZOOLOGICAL PARKS, OR ANIMAL SHELTERS.

(A)   No person, partnership, or corporation shall operate a commercial establishment, zoological park, or animal shelter without first obtaining a permit in compliance with this section. However, temporary sales of small animals such as chicks and rabbits for domestic purposes at businesses or residences shall be exempt from this section.

(B)   The Animal Care and Control Authority shall promulgate rules and regulations for the issuance of permits which shall include requirements for humane care of all animals and for compliance with the provisions of this chapter and other applicable laws. The Animal Care and Control Authority may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection and humane care of animals.

(C)   Upon an inspection confirming that an applicant for a permit is willing and able to comply with the regulations promulgated by the Animal Care and Control Authority, a permit shall be issued upon payment of the applicable fee.

(D)   The permit period shall begin January 1 and shall run for one year. Renewal applications for permits shall be made 30 days prior to and up to 60 days after the start of the new year. Application for permit to establish a new commercial animal establishment under the provisions of this chapter may be made at any time.

(E)   If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his or her name upon payment of a transfer fee of $20.

(F)   Annual permits shall be issued after passing inspection and upon payment of the applicable fees. Dog fanciers’ kennel permits shall be issued to persons age 62 and over at one-half of the rate listed. Infrequent, de minimis increases in the number of animals kept at a commercial kennel or cattery shall not affect the permit price:

(1)   For each commercial kennel, authorized to house no more than ten dogs: $75;

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(5)   For each cattery authorized to house no more than ten cats: $75;

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(G)   Every facility regulated by this chapter shall be considered a separate enterprise and requires an individual permit.

(H)   Persons operating kennels for the breeding of dogs may elect to license such dogs individually, subject to Chapter 158, Zoning.

(I)   No fee may be required of any not-for-profit animal shelter or government-operated zoological park; however, it shall have a current permit or license and be in compliance to operate.

(J)   Any person who has a change in the category under which a permit was issued shall be subject to reclassification, and appropriate adjustment of the permit fee shall be made.

(K)   The Animal Care and Control Authority shall maintain a record of the permits issued pursuant to this section for a period of three years and shall make this record available to the public.

§ 90.06 LICENSE AND PERMIT ISSUANCE AND REVOCATION.

(A)   The Animal Care and Control Authority may refuse to issue or revoke any permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by the Animal Care and Control Authority, or any law governing the protection and humane keeping of animals.

(B)   Any person whose permit or license is revoked may, within seven days of the decision revoking such license or permit, appeal the decision to the County Commissioners or town councils (when applicable in the incorporated limits of the town or city). A date and time will be set for a hearing at which those wishing to be heard concerning the revocation of the license or permit will be heard. A decision affirming or reversing the decision of the Animal Care and Control Authority shall be made by the County Commissioners or town councils (when applicable in the incorporated limits of the town or city) within 30 days after such hearing.

(C)   Any person whose permit or license is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept, or harbored and no part of the permit or license fee shall be refunded.

(D)   It shall be a condition of the issuance of any permit or 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 permit or license of the refusing owner.

(E)   If the applicant has withheld or falsified any information on the application, the Animal Care and Control Authority shall refuse to issue a permit or license or may revoke a permit or license.

(F)   No person who has been convicted of cruelty to animals shall be issued a permit or license.

(G)   Any person having been denied a license or permit may not reapply for a period of 30 days and such person shall demonstrate that any corrective action requested by the Animal Care and Control Authority has been implemented.

§ 90.13 STERILIZATION.

No unclaimed dog or cat shall be released for adoption without being sterilized, or without a written agreement from the adopter, guaranteeing that such animal will be sterilized, unless exempted by the Animal Care and Control Authority. Failure to comply with the terms of the agreement guaranteeing the sterilization of the adopted animal shall constitute a violation of this chapter and shall constitute a misdemeanor, punishable as hereinafter set forth.