Maryland Code, LOCAL GOVERNMENT 13-132
Terms Used In Maryland Code, LOCAL GOVERNMENT 13-132
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- County: means a county of the State or Baltimore City. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The County Commissioners of Washington County may adopt an animal control ordinance for:
(1) licensing dogs, kennels, and pet shops;
(2) controlling rabid animals; and
(3) disposing of uncontrolled, vicious, or sick animals.
(c) The County Commissioners of Washington County may adopt an animal control ordinance to designate a private agency or unit of county government to:
(1) enforce the ordinance adopted under subsection (b) of this section;
(2) maintain records regarding the licensing, impounding, and disposing of animals coming into the custody of the private agency or unit of county government; and
(3) enter into contracts or agreements to provide for the disposal of animals.
(d) The County Commissioners of Washington County may adopt an animal control ordinance to provide for the designation of animal control shelters in the county.
(e) (1) An animal control officer in Washington County may issue and deliver a citation to a person believed to be committing a violation of an animal control ordinance.
(2) (i) The animal control officer shall keep a copy of the citation.
(ii) The citation shall bear a certification attesting to the truth of the matters set forth in the citation.
(3) The citation shall contain:
(i) the name and address of the person charged;
(ii) the nature of the violation;
(iii) the location and time of the violation;
(iv) the amount of the fine;
(v) the manner, location, and time in which the fine may be paid; and
(vi) a notice of the person’s right to elect to stand trial for the violation.
(f) (1) The County Commissioners of Washington County may adopt an animal control ordinance to create a quasi-judicial animal control authority for the county to hold public hearings to decide citations, complaints, and other controversies arising under the animal control ordinance, other than those filed with the District Court.
(2) Hearings held under this subsection are subject to the right of a party to file a petition for judicial review in the circuit court.
(3) The county commissioners may adopt rules and regulations to govern hearings held under this subsection.
(g) (1) A person who receives a citation under this section may elect to stand trial for the violation by filing with the animal control officer a notice of intention to stand trial at least 5 days before the date set forth in the citation for the payment of fines.
(2) After receiving a notice of intention to stand trial, the animal control officer shall forward the notice to the District Court, with a copy of the citation.
(3) After receiving the citation and notice, the District Court shall schedule the case for trial and notify the defendant of the trial date.
(4) All fines, penalties, or forfeitures collected by the District Court for violations of an ordinance adopted under this section shall be remitted to Washington County.
(5) In a proceeding before the District Court, a violation of an ordinance adopted under this section shall be prosecuted in the same manner as a municipal infraction under Title 6 of this article.
(6) The County Commissioners of Washington County may authorize the County Attorney, the State‘s Attorney, or another attorney to prosecute a violation of an ordinance adopted under this section.
(7) If the District Court finds that a person has committed a violation of an ordinance adopted under this section, the person is liable for the costs of the court proceedings.
(h) (1) The County Commissioners of Washington County may adopt an animal control ordinance to provide that each violation of an ordinance adopted under this section is a misdemeanor and on conviction a person is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both.
(2) The county commissioners may:
(i) establish a schedule of additional fines for each violation; and
(ii) adopt procedures for the collection of fines.
(3) (i) If a person who receives a citation under this section for a violation fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial, a notice of the violation shall be sent to the person’s last known address.
(ii) If the citation is not satisfied within 15 days after the date the notice of violation is mailed, the person is subject to an additional fine not exceeding twice the amount of the original fine.
(iii) If the person who receives the citation does not pay the citation by the 36th day after the notice of violation is mailed, the animal control officer may request the District Court to adjudicate the violation.
(iv) After the animal control officer requests adjudication, the District Court shall schedule the case for trial and summon the defendant to appear.