§ 12-8-102. DANGEROUS ANIMALS.

(a)

In general. An animal poses a threat to the public health or safety if the animal:

(1)

Attacks or injures a person or a domestic animal;

(2)

Exhibits aggressive or dangerous behavior and is not adequately confined or restrained;

(3)

Is known or suspected to be an animal exposed to rabies and is not adequately confined or restrained; or

(4)

Has been subject to confinement or restraint orders from the Health Officer or the Animal Hearing Board and those orders have not been followed.

(b)

Declaration.

(1)

The Health Officer may declare an animal a dangerous animal if the animal poses a threat to the public health or safety.

(2)

The declaration shall be based on:

(i)

Personal observation;

(ii)

Observations of animal control officers;

(iii)

The affidavits of individuals concerning the individual's personal experience with the animal;

(iv)

Bite contact or non-bite contact reports made to the Baltimore County Police, the Health Officer, or the Animal Services Division;

(v)

Animal control records; or

(vi)

Other documented information.

(c)

Notification of declaration.

(1)

Within 10 days after declaring an animal a dangerous animal, the Health Officer shall notify the owner of the declaration.

(2)

The notification shall indicate that the owner may appeal the decision of the Health Officer.

(d)

Disposition; notification; conditions.

(1)

If an animal is declared a dangerous animal, the Health Officer may:

(i)

1.

Impound the animal;

2.

Order the owner to surrender the animal to the Animal Services Division or the Baltimore County Police Department; or

3.

Release the animal to the custody of the owner; and

(ii)

Order the animal spayed or neutered, if the animal is not already spayed or neutered.

(2)

If the animal is impounded, the Health Officer shall make a prompt and reasonable effort to notify the owner of the impoundment and the reasons for the impoundment.

(3)

If the animal is released to the custody of the owner, the Health Officer may order any measures necessary to confine or restrain the animal pending the hearing of the Board.

(e)

Appeal.

(1)

Within 5 days after the notice under subsection (d) of this section, subject to Title 1, Subtitle 2 of this article, an owner may appeal the decision of the Health Officer by filing a petition with the Animal Services Division requesting a hearing before the Board.

(2)

The Animal Services Division shall notify the owner of the date of the hearing at the Board.

(1988 Code, § 6-259) (Bill No. 146-97, § 2, 1-26-1998; Bill No. 3-00, § 4, 7-1-2004; Bill No. 32-01, § 2, 5-25-2001; Bill No. 63-01, § 1, 8-10-2001; Bill No. 72-03, § 24, 7-1-2004; Bill No. 68-13, § 1, 12-29-2013)