Town Code

CHAPTER 6

ANIMAL CONTROL

Section 601. Purpose

Section 601. Definitions

Section 604. Running at Large Prohibited

Section 605. Confinement of Vicious; Use of Muzzles

Section 606. Cruelty to Animals or Fowl

Section 607. Raising or Keeping Certain Animals and Fowl Prohibited

Section 608. Commercial Breeding, Hospitalization or Boarding of Animals Prohibited

Section 609. Rabies Vaccination Required for Dogs and Cats

Section 610. Disposal of Animal Waste, Prohibited Areas

Section 611. Confinement of Female Animals in Heat

Section 612. Additional Dog Regulations

Section 613 Proclamation of Rabies Danger, Subsequent Action

Section 614. Impoundment and Redemption Procedures

Section 615. Violations and Penalties

Section 616. Animal Warden

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Section 601. Purpose

The purpose of this chapter is to provide regulations concerning animals kept within the Town of Landover Hills so that such animals will not be or become a public nuisance.

Section 602. Definitions

As used in this Chapter, the following terms shall have the meanings indicated:

Animal at Large - An animal off the real property limits of its owner and not under restraint.

Animal under Restraint - An animal secured by a leash or lead and under the control of a responsible person or confined within a vehicle or within the real property limits of its owner.

Domestic Animals - Include but not necessarily to cats (Genus Felis Domestica), dogs, fowl, rabbits, guinea pigs, hamsters, gerbils, chinchillas, mice, rats fish, birds and domesticated wild animals.

Fierce, Dangerous or Vicious Animal - Any animal which attacks without provocation attacks and threatens or causes bodily harm to a person.

Guard, Sentry or Attack Dog - A dog which will detect and warn its handler that an intruder is present in or near an area that is being secured or dog which is trained to attack with or without provocation.

Owner - Any person owning, keeping, harboring or acting as custodian of a domesticated animal or that person to whom an animal's identification tag is registered.

Pet -A domesticated animal kept for pleasure rather than utility. "Pets" include but are not limited to birds, cats, dogs, fish, hamsters, mice, reptiles and other animals associated with human environment.

Section 603. Public Nuisance Animals

A. It shall be unlawful for any persons in the Town of Landover Hills to keep or maintain an animal so as to disturb the peace, comfort or health of any person or to cause or permit the animal to be a public nuisance or to cause or permit the animal to cause a public nuisance condition.

B. Public nuisance animals are any animals which:

(1) are repeatedly found at large;

(2) damage the property of anyone other than the owner of the animal;

(3) are vicious;

(4) cause fouling of the air by odors

(5) cause unsanitary conditions of enclosures or surroundings

(6) by virtue of numbers or type of animals maintained, are offensive or dangerous to the public health, safety or welfare;

(7) excessively make disturbing noises including but not limited to continued and repeated howling, barking, whining or other utterances;

(8) molest pedestrians or passersby;

(9) attack other domestic animals or pets;

(10) have been designated by the Town Council to be public nuisance animals by virtue of being a menace to the public health, welfare or safety;

(11) chases vehicles

Section 604. Running at Large Prohibited

A. No owner or custodian of any animal shall allow or fail to prevent such animal from being at large within the Town. Any animal found at large or running at large is declared to be a nuisance and dangerous to the public health, safety and welfare.

B. Any animal must be so controlled as to prevent it from molesting the person or property of any other person.

Section 605. Confinement of Vicious Animals; Use of Muzzles

It shall be unlawful for the owner of any fierce, dangerous or vicious animal, including dogs which have a history of unlawful biting of a human, not to confine such animal within a building or secure enclosure. Such animal shall not be taken out of such a building or secure enclosure unless securely muzzled.

Section 606. Cruelty to Animals

It shall be unlawful for any person to treat any animal or bird in a cruel manner either willfully or by neglect. It shall also be unlawful for any person to incite animals to fight or tease or harass animals.

Section 607. Raising or Keeping Certain Animals and Fowl Prohibited

It shall be unlawful for any persons to raise, maintain or keep domestic fowl, including pigeons, bees and beehives, livestock, or wild animals of any kind with the Town of Landover Hills.

For the purpose of this section "Livestock" shall include but not be limited to cows, sheep, goats, swine, mules, donkeys, horses or ponies.

Section 608. Commercial Breeding, Hospitalization or Boarding of Animals Prohibited

It shall be unlawful for any person to engage in the breeding, hospitalization and boarding of household pets or other animals on a commercial basic within the Town of Landover Hills.

Section 609. Rabies Vaccination Required for Cats and Dogs

It shall be unlawful for any person to own or harbor a dog or cat over the age of four (4) months without a valid rabies vaccination.

Section 610. Disposal of Animal Solid Waste: Prohibited Areas

It shall be unlawful for a person owning, keeping or having custody of an animal, except a "seeing eye dog", to allow or permit solid waste of such animal to remain on the property of any other person without the consent of the owner or occupant thereof, on the property of the owner in such a manner as to become offensive or a hazard to health or on such public properties as are prohibited by order of the Mayor and Council of the Town of Landover Hills. Prohibited areas shall include sidewalks, streets, immediately adjoining areas to sidewalks and streets, and any Town park or parkland.

Section 611. Confinement of Female Animal in Heat

Every female animal while in heat shall be kept confined in a building or secure enclosure by the owner in such a manner that she will not be in contact, except for intentional breeding purposes, with a male member of the same species nor create a nuisance by attracting other animals.

Section 612. Additional Dog Regulations

A. License required. It shall be unlawful for any person to own or harbor within the Town of Landover Hills any dog unless such dog is licensed as provided by the ordinances and regulations of Prince George's County.

B. Dogs disturbing the peace. It shall be unlawful for any person to keep within the Town of Landover Hills a dog which shall, by barking, whining, or howling or in any other manner, disturb the peace and quiet of any person or neighborhood.

C. Attack Dogs. It shall be unlawful for any person to raise, maintain or keep within the residential areas of the Town of Landover Hills a dog which is being trained or has been trained as an attack dog, except that these provisions do not apply to a law enforcement officer of any State, County, Municipal or Local Government who, as a part of such officer's job description, is engaged in the training of or working with dogs in any police-related function.

Section 613. Proclamation of Rabies Danger: Subsequent Action

Whenever the Town Council of the Town of Landover Hills shall determine that the health and safety of the people of the Town are endangered by reason of an animal with rabies having been or being in said Town, the Mayor shall forthwith issue a proclamation informing the people of the Town that their health and safety are endangered by reason of rabies. For thirty (30) days after issuance of the proclamation, it shall be the duty of the Police Officers of the Town of Landover Hills and any person authorized by the Town Council to handle or dispose of any animal running at large in such a manner as the Officer or authorized person may deem proper.

Section 614. Impoundment and Redemption Procedures

A. Disposition of animals whose owner is unknown. An animal found at large and whose owner is unknown shall be delivered immediately to the Prince George's County Animal Control Facility. During the period of time the animal is in the Animal Control Facility, the Town will make reasonable efforts to notify the owner by posting a notice at Town Hall.

B. Disposition of Animals Whose Owner is Known.

(1) An animal found at large whose owner is known may be retained at Town Hall until the owner claims said animal. In no event, however, will the animal be permitted to remain at Town Hall for a period exceeding twenty-four (24) hours. Reasonable efforts to notify the owner shall be made and the owner shall receive a municipal citation for allowing the animal to be at large in violation of Section 604 hereof. Upon payment of municipal citation, the animal will be released to the owner.

(2) An animal found at large whose owner is known but does not have a valid and current rabies vaccination and license will be cared for in a shelter provided by the Town for a period of time not to exceed twenty-four (24) hours. Reasonable efforts to notify the owner shall be made and the owner shall be issued a municipal citation for allowing the animal to be at large. In order for the Town to release the animal to the owner, the owner must pay the municipal citation, pay an animal release deposit as set forth in Chapter 28 "Fees and Penalties", Section 2801 "Fees and Interests" and sign a letter stating that within ten (10) days after the receipt of the animal, the owner will have the animal vaccinated and licensed. Upon proof to the Town that the owner has obtained necessary license and has had the animal properly vaccinated, the animal release deposit will be refunded to the owner.

Section 615. Violations and Penalties

Violation of this Chapter is declared to be a municipal infraction. The penalty for violations shall be set forth in Chapter 28, Section 2802 "Penalties" of the Town Code.

Section 616. Animal Warden

A. Establishment: Powers and Duties Generally. There is hereby established the position of animal warden, who shall have the responsibility for the enforcement of the provisions of this Chapter and who shall have the power to appear in court if a citizen contests a citation. The warden shall report to the Town Manager who shall prescribe the necessary procedures, uniform, credentials and badges of authority for the enforcement of this Chapter.

B. Compensation. The animal warden may serve without compensation or with reimbursement for expenses or by fee or contract or by salary or any combination of such modes of payment as may be approved by the Mayor and Council.

C. Police Powers. Nothing in this Section shall abridge or restrict the authority of the Town Police Officers to investigate or enforce the provisions of this Chapter.