§ 12-1-203. PREPAYMENT OF BOARDING COSTS.

(a)

Prepayment. Unless waived or modified as provided in § 12-1-204 of this subtitle, the owner of an animal impounded under any provision of law shall prepay any boarding costs before and during any trial, hearing before or appeal to:

(1)

The Animal Hearing Board;

(2)

The Board of Appeals; or

(3)

Any court of competent jurisdiction.

(b)

Payment of estimated costs for initial impoundment period.

(1)

Not more than 5 business days after receiving notice that an animal has been impounded, the owner shall pay to the county the estimated cost of caring for the animal for the 30-day period beginning on the date the animal was impounded.

(2)

Except as provided in paragraph (3) of this subsection, the Health Officer shall estimate the cost, which shall include the cost of food, veterinary care, and necessities that a responsible owner would provide for the animal and may include other costs including pro rata staffing and administrative expenses.

(3)

If the animal is to be impounded in a humane animal shelter, the owner shall pay to the county the costs determined by the humane organization owning or operating the humane animal shelter and the county shall remit the payment to the humane organization.

(c)

Method of payment. The owner shall pay in cash or by another method acceptable to the Health Officer.

(d)

Additional costs. If the animal remains impounded at the end of a 30-day period, within three days after that 30-day period ends, the owner shall:

(1)

Pay any difference between the estimated cost and the actual cost of care; and

(2)

Prepay the estimate cost of 30 additional days of care.

(e)

Revisions to estimated costs; application of overpayment. The Health Officer may:

(1)

Revise the estimated cost of care for each 30-day period to improve the accuracy of the estimate; and

(2)

Apply any previous payment for that animal that exceeds the actual cost of care to the next 30-day period.

(f)

Animal born during impoundment of mother. Any animal born to a female animal impounded under this article shall be deemed an additional animal for which the owner is responsible for the costs under this subtitle.

(g)

Refunds and returns.

(1)

The County shall refund to the owner, within 30 business days after the end of the impoundment, any payment from the owner that exceeds the actual cost of care, including any payment for a day that the county did not care for the animal.

(2)

Upon application of the owner at a proceeding on the underlying violation, the final judgment of the Animal Hearing Board, the Board of Appeals, or a court of competent jurisdiction may include an order to the county to return all or a portion of the boarding costs if the Board or court has also dismissed or not upheld the violation that gave rise to the impoundment.

(h)

Insufficient estimated payments. If the actual cost of care exceeds the estimated payments, the owner shall pay the difference under this section and any other applicable section of this article.

(i)

Waiver or modification of prepayment requirement.

(1)

In this subsection, "Health Officer" does not include a designee of the Health Officer.

(2)

The Health Officer may waive or modify the prepayment required under this section, including by requiring weekly prepayments, if the owner provides evidence that prepayment for 30 days of care would be a serious financial hardship to the owner.

(3)

The owner may ask the Animal Hearing Board, Board of Appeals or a court of competent jurisdiction to review the Health Officer's decision under this subsection as part of its review of the underlying violation.

(j)

Multiple impoundments. The Health Officer may not allow an owner to redeem an animal impounded less than 12 months after the animal was released from a previous impoundment unless the owner has successfully appealed any citation arising out of the prior impoundment, until the Health Officer has issued:

(1)

A citation for the current violation; and

(2)

An order designed to prevent future violations.

(Bill No. 68-13, § 1, 12-29-2013; Bill No. 43-16 , § 2, 7-18-2016)