Kent County, Maryland

§ 64-1 Definitions.

As used in this article, the following terms are defined below:

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KENNEL, COMMERCIAL

Any premises wherein any person, persons, partnership or corporation buys, sells, breeds, boards, trains for a fee or engages in any other activity involving dogs for the purpose of generating income.

§ 64-3 Permits for kennels and training and sale of dogs.

A. No person, partnership, association or corporation shall operate a commercial kennel within Kent County without a valid permit. The fee for this permit shall be determined by the County Commissioners of Kent County. The application for this permit may be obtained from the Humane Society. This permit does not exempt individual dogs within the kennel from the licensing requirement.

B. No person shall train or offer for sale or lease any dog to be used as a guard or sentry dog without possessing a valid permit. The annual fee for this permit is to be determined by the County Commissioners of Kent County. The application for this permit may be obtained from the Humane Society. This permit may not be transferred to another individual. The applicant for this permit will be required to supply information pertaining to his/her qualifications and training that will show beyond a reasonable doubt that he/she is properly qualified to engage in this type of training. This shall not apply to the county government or any of its agencies.

C. The Humane Society may, subject to approval of the Kent County Commissioners, adopt rules and regulations for the issuance of these permits, which shall include requirements for humane care of all dogs and for compliance with the provisions of this article and other applicable laws. The Humane Society may, subject to the approval of the County Commissioners of Kent County, amend such regulations from time to time as deemed desirable for the public health and welfare and for the protection of dogs.

D. After an application for a permit is filed, the Humane Society or its designated agents may inspect the facility prior to issuing the permit. Upon a showing by an applicant for a permit that he is willing and able to comply with the regulations promulgated by the Humane Society, a permit shall be issued upon payment of the applicable fee. The permit may be revoked if the person refuses or fails to comply with this article, the regulations promulgated by the Humane Society or any law governing the protection and keeping of animals.

E. Any person whose permit is revoked shall, within 10 days thereafter, humanely dispose of all dogs owned, kept or harbored. No part of the permit fee shall be refunded.

F. It shall be a condition of the issuance of any permit that the Humane Society or its designated agents shall be permitted to inspect all dogs and the premises where dogs are kept at any reasonable time and shall, if permission for such inspection is refused, revoke the permit of the refusing owner.

G. If the applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit.

H. No person who has been convicted of cruelty to animals shall be issued a permit.

I. Any person having been denied a permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a fee set forth from time to time by the County Commissioners. Any person whose permit is revoked may appeal within seven days of the decision to the County Commissioners of Kent County. A date and time will be set for a hearing, at which time those wishing to be heard concerning the revocation of the permit will be heard. A decision affirming or reversing the decision of the licensing authority shall be made by the County Commissioners within 30 days after such a hearing.

J. Any person who has a change under 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 licensing authority shall maintain a record of these permits issued pursuant to this section for a period of three years and shall make it available to the public.

L. The permit period shall begin with the first day of July in each fiscal year and shall run for one year. Renewal applications for permits shall be made 60 days prior to the beginning of the fiscal year. Application for a permit to create a new commercial animal establishment under the provisions of this article may be made at any time.

M. If there is any change in the ownership of a commercial kennel, the new owner must apply for a permit.

N. Every facility regulated by this article shall be considered a separate enterprise and requires an individual permit.

§ 64-9 Adoption of dogs and cats.

B. No unclaimed dog or cat shall be released for adoption without being sterilized or without written agreement from the adopter guaranteeing that such animal will be neutered by the date specified in the adoption contract. A deposit to be determined by the Humane Society must be paid at the time of adoption. Failure to comply with the terms of the agreement guaranteeing the sterilization of the adopted animal shall constitute a violation of this article and shall constitute a code county infraction punishable as hereinafter set forth.