§ 12-1-101. DEFINITIONS.

(a)

In general. In this article the following words have the meanings indicated.

(a-1)

Adverse environmental conditions. "Adverse environmental conditions" means:

(1)

An ambient temperature of 32 degrees Fahrenheit or below in the immediate vicinity of an animal, in addition to other cold weather or precipitation-related environmental conditions, including, but not limited to, wind, rain, snow, ice, sleet, or hail, that a person should reasonably conclude would pose an adverse risk to the health or safety of an animal, based on the animal's size, age, physical condition, or thickness of the animal's hair or fur; or

(2)

An ambient temperature of 90 degrees Fahrenheit or above in the immediate vicinity of an animal, in addition to other environmental conditions, such as direct sunlight, or hot pavement, or any other hot surface, that a person should reasonably conclude would pose an adverse risk to the health or safety of an animal, based on the animal's size, age, physical condition, or thickness of the animal's hair or fur; or

(3)

The National Weather Service issues a severe weather alert, and the forecasted weather is such that a person should reasonably conclude that the weather would pose an adverse risk to the health or safety of an animal, based on the animal's size, age, physical condition, or thickness of the animal's hair or fur.

(b)

Animal. "Animal" means any living, nonhuman, vertebrate creature.

(c)

Animal at large.

(1)

(i)

"Animal at large" means any animal off the premises of its owner and not under the control, charge, or possession of the owner or other responsible person.

(ii)

"Animal at large" includes any dog off the premises of its owner and not under the control of the owner or other responsible person by a leash, cord, or chain.

(2)

"Animal at large" does not include:

(i)

A dog on the premises of another property owner with the permission of the property owner or lessee;

(ii)

A dog being used for hunting or being trained for hunting except within a county owned or Board of Education property; or

(iii)

A dog authorized to be within the fenced area of a designated Baltimore County dog park operated by the Animal Services Division, the Department of Recreation and Parks or any other person authorized by the county.

(d)

Animal control officer.

(1)

"Animal control officer" means the Baltimore County employee designated and supervised by the Health Officer to perform the duties described in this article.

(2)

"Animal control officer" includes an authorized representative of the animal control officer.

(e)

Animal Hearing Board. "Animal Hearing Board" means the Board established under Article 3, Title 3, Subtitle 4 of the Code for the purpose of hearing cases resulting from the enforcement of this article by the Health Officer.

(f)

Animal Services Division. "Animal Services Division" means the division of the Health Department charged with enforcing the provisions of this article.

(g)

Animal shelter. "Animal shelter" means any facility owned or operated by the county or by a person under contract with the county for the care, confinement, adoption, euthanasia, or detention of animals in accordance with the authority of this article or state law.

(h)

Bite contact. "Bite contact" has the meaning stated in COMAR 10.06.02.02.

(i)

Commercial kennel.

(1)

"Commercial kennel" means an animal boarding place or other establishment for:

(i)

The commercial breeding of dogs or cats; or

(ii)

The boarding, grooming, sale, or training of dogs or cats for which a fee is charged.

(2)

"Commercial kennel" does not include a:

(i)

Veterinary hospital; or

(ii)

Fancier kennel or cattery.

(j)

Commercial stable. "Commercial stable" means a facility that:

(1)

With or without charge, provides;

(i)

Riding instruction on horses, ponies, donkeys, mules, or burros; or

(ii)

Boarding for horses, ponies, donkeys, mules, or burros;

(2)

Offers horses, ponies, donkeys, mules, or burros for hire; or

(3)

Is engaged in the business of buying, selling, or trading horses, ponies, donkeys, mules, or burros.

(k)

Custodian. "Custodian" Has the meaning stated in COMAR 10.06.02.02.

(l)

Domestic animal.

(1)

(i)

"Domestic animal" means an animal that is accustomed to live in or about the habitation of humans.

(ii)

"Domestic animal" includes cats, dogs, cows, fowl, ferrets, horses, or swine.

(2)

"Domestic animal" does not include a wild animal.

(m)

Fancier. "Fancier" means a person who owns or keeps more than three dogs or cats for noncommercial purposes, including hunting, practice tracking, or exhibition in dog or cat shows or field or obedience trials.

(n)

Fancier kennel or cattery. "Fancier kennel or cattery" means a kennel or cattery maintained by a fancier for the maintenance or training of the dog or cat owned or kept by the fancier.

(o)

Feral dog or cat. "Feral dog or cat" has the meaning stated in COMAR 10.06.02.02.

(p)

Grooming parlor. "Grooming parlor" means a commercial establishment, whether stationary or mobile, where animals are bathed, clipped, or otherwise groomed.

(q)

Health Officer. "Health Officer" means the County Health Officer or the Health Officer's designee.

(r)

Holding facility.

(1)

"Holding facility" means any animal shelter, commercial kennel, commercial stable, grooming parlor, humane animal shelter, or pet shop.

(2)

"Holding facility" includes, for licensing purposes only, a fancier kennel or cattery which is operated from the fancier's home.

(s)

Humane animal shelter. "Humane animal shelter" means a facility owned or operated by a humane organization, incorporated in the state, for the care, confinement, euthanasia, or adoption of animals.

(t)

Humane organization. "Humane organization" means an organization for the humane treatment of or the prevention of cruelty to animals.

(u)

Non-bite contact. "Non-bite contact" has the meaning stated in COMAR 10.06.02.02.

(v)

Livestock.

(1)

"Livestock" means domestic animals generally collected, used, or raised on a farm or ranch, including cattle, sheep, swine, goats, or horses.

(2)

"Livestock" does not include Asian pot-bellied pigs.

(w)

Owner.

(1)

"Owner" means a person owning, keeping, harboring, or acting as custodian of a domestic animal.

(2)

"Owner" includes a minor's parent, guardian, or another adult with whom the minor resides, if the minor owns the animal.

(x)

Pet shop.

(1)

"Pet shop" means a person or establishment that sells or offers to sell animals, whether as owner, agent, or on consignment, to the general public.

(2)

"Pet shop" does not include a horse farm licensed by the state.

(y)

Protection-trained dog. "Protection-trained dog" means a dog that has received or been the subject of protection training.

(z)

Protection training. "Protection training" means a method of training through the use of agitation, sleeve, or wrap.

(aa)

Research institute. "Research institute" has the meaning stated in § 101 of the Baltimore County Zoning Regulations.

(bb)

Veterinary hospital. "Veterinary hospital" means an establishment maintained or operated by a veterinarian for immunization, hospitalization, surgery, or diagnosis, prevention, and treatment of disease and injuries of animals.

(cc)

Wild animal.

(1)

"Wild animal" means any animal of a species that in the natural life of the species is wild, dangerous, or ferocious.

(2)

"Wild animal" includes an animal trained or domesticated by the owner that remains dangerous to the general public.

(1988 Code, §§ 6-1, 6-13, 6-61, 6-154, 6-258) (Bill No. 211, 1990, § 1, 1-13-1991; Bill No. 69-95, § 4, 7-1-1995; Bill No. 146-97, § 1, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004; Bill No. 108-06, § 1, 10-16-2006; Bill No. 7-08, §§ 1, 2, 3-30-2008; Bill No. 68-13, § 1, 12-29-2013; Bill No. 42-16 , § 2, 8-21-2016; Bill No. 23-18 , § 1, 4-30-2018)

  Annotation- Former § 6-1 of the code (1988) cited in Marzullo v. Kahl, 366 Md. 158, 783 A.2d 169 (2001).