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§ 10-623. Dogs outside, unattended and restrained

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2022

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 10. Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 6. Crimes Relating to Animals (Refs & Annos)
Effective: October 1, 2022
MD Code, Criminal Law, § 10-623
§ 10-623. Dogs outside, unattended and restrained
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Collar” means a device constructed of nylon, leather, or similar material specifically designed to be used around the neck of a dog.
(3) “Extreme weather conditions” means temperatures below 32 degrees Fahrenheit or conditions during an active winter or cold weather warning or advisory issued by the National Weather Service.
(4) “Restraint” means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.
(5) “Sporting” means any athletic competition, skill competition, obedience competition, or other competition intended for the participation of dogs.
(6) “Suitable shade” means an area completely protected from the direct sun that is accessible and fully covers a dog.
(7) “Suitable shelter” means a structure that:
(i) is properly ventilated;
(ii) has a solid floor that allows the dog to remain reasonably dry;
(iii) has a weatherproof roof;
(iv) is enclosed with an entrance on one side;
(v) allows a dog to maintain its normal body temperature; and
(vi) is suitable for the species, age, condition, size, and type of dog.
Dogs outside and unattended prohibited
(b) A person may not leave a dog outside and unattended by use of a restraint:
(1) that unreasonably limits the movement of the dog;
(2) that uses a collar that:
(i) is made primarily of metal; or
(ii) is not at least as large as the circumference of the dog's neck plus 1 inch;
(3) that restricts the access of the dog to suitable and sufficient clean water or appropriate shelter;
(4) in unsafe or unsanitary conditions; or
(5) that causes injury to the dog.
Suitable shelter or shade
(c) Except as provided in subsection (d) of this section, a person may not leave a dog outside and unattended for longer than 30 minutes without access to continuous:
(1) suitable shelter during extreme weather conditions; and
(2) suitable shelter or suitable shade when temperatures are above 90 degrees Fahrenheit.
Exception
(d) The prohibition in subsection (c) of this section does not apply if the dog is lawfully and actively engaged in:
(1) hunting;
(2) livestock herding or guarding;
(3) sledding;
(4) sporting; or
(5) training.
Fines and penalties
(e)(1) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both.
(2) A violation of subsection (c) of this section is a civil offense punishable by:
(i) for a first violation, a warning;
(ii) for a second violation, a civil penalty of up to $500; and
(iii) for a third or subsequent violation, a civil penalty of up to $1,000.
More stringent requirements
(f) This section may not be construed to prohibit a local government from adopting a requirement for the health and safety of dogs that is more stringent than the requirements of this section.

Credits

Added by Acts 2007, c. 570, § 1, eff. Oct. 1, 2007. Amended by Acts 2022, c. 181, § 1, eff. Oct. 1, 2022; Acts 2022, c. 182, § 1, eff. Oct. 1, 2022.
MD Code, Criminal Law, § 10-623, MD CRIM LAW § 10-623
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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