File #: O-48-20    Version: 1 Name:
Type: Ordinance Status: Withdrawn
File created: 11/18/2020 In control: Finance Committee
On agenda: 11/23/2020 Final action: 2/8/2021
Title: Animal Control - Canine Leash Laws - For the purpose of prohibiting unrestrained dogs in public recreation areas, or at large; authorizing the Police Department to enforce the City's leash laws; and making technical and stylistic changes to the City's animal control laws.
Sponsors: Fred Paone, Elly Tierney, Brooks Schandelmeier
Indexes: Finance Committee, Housing and Human Welfare Committee, Public Safety Committee, Rules and City Government Committee
Attachments: 1. O-48-20 First Reader, 2. O-48-20 Staff Report, 3. O-48-20 Fiscal Impact Note

Title

Animal Control - Canine Leash Laws - For the purpose of prohibiting unrestrained dogs in public recreation areas, or at large; authorizing the Police Department to enforce the City’s leash laws; and making technical and stylistic changes to the City’s animal control laws. 

Body

CITY COUNCIL OF THE

City of Annapolis

 

Ordinance 48-20

 

Introduced by: Alderman Paone

Co-sponsored by: Alderwoman Tierney, Alderman Schandelmeier

 

Referred to

Housing and Human Welfare Committee

Public Safety Committee

Rules and City Government Committee

Finance Committee

 

AN ORDINANCE concerning

 

 

Animal Control - Canine Leash Laws

 

FOR                     the purpose of prohibiting unrestrained dogs in public recreation areas, or at large; authorizing the Police Department to enforce the City’s leash laws; and making technical and stylistic changes to the City’s animal control laws. 

 

BY                        repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2019 Edition

8.04.020

8.04.030

 

BY                        adding the following portions to the Code of the City of Annapolis, 2019 Edition

8.04.050

8.04.060

 

 

SECTION I:                     BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:

 

Title 8 - ANIMALS

Chapter 8.04 - ANIMAL CONTROL

 

Section 8.04.020 - County provisions adopted.

 

A.                      Except as otherwise provided by this chapter, the provisions of the Anne Arundel County Code NOVEMBER 9, 20051986 edition and supplements, Article 12, Animal Control, as the same from time to time may be amended, are applicable and effective within the City as though IF those provisions were FULLY set forth at length in this chapter. The County shall administer and enforce those regulations in the City in the same manner as they are administered and enforced in the non-municipal areas of the County.

B.                      In addition to THE provisions of the Anne Arundel County Code made applicable within the City pursuant to the preceding subsection, the City Council may provide for additional animal control through the adoption of provisions to IN this chapter. All such additional animal control provisions shall be administered and enforced by the Department of Planning and Zoning. IN ADDITION TO ANY OTHER AGENCY, THE POLICE DEPARTMENT OF THE CITY OF ANNAPOLIS SHALL HAVE THE AUTHORITY TO ENFORCE ALL ANIMAL CONTROL PROVISIONS.

 

Section 8.04.030 - Animal disturbance prohibited.

 

A.                      Any person who owns, keeps, or has possession of an animal may not permit the animal to disturb the quiet of a person or the neighborhood.

B.                      After one warning any A person WHO VIOLATES violating the provisions of this section is guilty of SUBJECT TO a municipal infraction and is subject to a fine as established by resolution of the City Council.

 

SECTION 8.04.050 - DOGS AT LARGE - PROHIBITED.

 

A.                     FOR PURPOSES OF SECTIONS 8.04.050 AND 8.04.060, “AT LARGE” MEANS A DOG THAT IS OFF THE PROPERTY OF ITS OWNER AND NOT LEASHED, OR CONTROLLED BY A SIMILAR RESTRAINING DEVICE, AND UNDER THE CONTROL OF A RESPONSIBLE PERSON. 

 

A DOG IS NOT AT LARGE FOR PURPOSES OF THIS SECTION IF THE DOG IS:

 

1.                     ACTIVELY ENGAGED IN SEARCH AND RESCUE OPERATION TRAINING, IN THE SPORT OF HUNTING, OR IN OTHER LEGAL DOG SPORT ACTIVITIES OR COMPETITIONS IN AUTHORIZED AREAS WHILE SUPERVISED BY A RESPONSIBLE INDIVIDUAL;

2.                     UNDERGOING SUPERVISED TRAINING AS PART OF AN ORGANIZED OBEDIENCE CLASS AND THE OWNER OF THE ANIMAL HAS WRITTEN PERMISSION FROM THE LANDOWNER OR THE LANDOWNER’S AGENT OR LESSEE TO ENGAGE IN THE TRAINING ON THE PROPERTY;

3.                     IN A DOG EXERCISE AREA DESIGNATED BY THE CITY OF ANNAPOLIS AS AN “OFF-LEASH DOG PARK” AND IS UNDER THE SUPERVISION OF A RESPONSIBLE INDIVIDUAL; OR

4.                     IN A SECURED DOG EXERCISE AREA DESIGNATED BY THE PROPERTY OWNER, HOMEOWNER’S ASSOCIATION, CONDOMINIUM, OR COOPERATIVE AS AN “OFF-LEASH DOG PARK.”

 

B.                     FOR PURPOSES OF THIS SECTION, THE COMMON AREA OF A HOMEOWNER’S ASSOCIATION, CONDOMINIUM, OR COOPERATIVE IS NOT THE OWNER’S PROPERTY.

 

C.                     A PERSON WHO IS AWARE OF A DOG AT LARGE MAY REPORT THE CONDITION TO THE POLICE DEPARTMENT BY ANY MEANS, INCLUDING BY TELEPHONE.

 

D.                     A POLICE OFFICER MAY PURSUE A DOG AT LARGE ON PUBLIC PROPERTY OR ON THE EXTERIOR PREMISES OF PRIVATE PROPERTY.

 

E.                     A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS SUBJECT TO A MUNICIPAL INFRACTION AND A FINE AS ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL.

 

SECTION 8.04.060 - DOGS IN PUBLIC RECREATION AREAS - GENERALLY PROHIBITED.

 

A.                     WITHOUT PERMISSION OF THE PROPER AUTHORITIES, THE OWNER OF A DOG MAY NOT PERMIT THE DOG TO BE AT LARGE IN A PUBLIC RECREATION AREA UNLESS AN ORGANIZED ACTIVITY, SUCH AS A DOG SHOW, IS BEING CONDUCTED AND THE DOG IS ASSOCIATED WITH THE ORGANIZED ACTIVITY.

 

B.                     IF A POLICE OFFICER OBSERVES A VIOLATION OF THIS SECTION, OR UPON RECEIPT OF A SWORN AFFIDAVIT FROM AN INDIVIDUAL WHO OBSERVED THE VIOLATION, THE POLICE OFFICER MAY ISSUE A MUNICIPAL CITATION TO THE OWNER OF THE DOG OR TO THE PERSON RESPONSIBLE FOR THE DOG. 

 

C.                     A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS SUBJECT TO A MUNICIPAL INFRACTION AND A FINE AS ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL.

 

SECTION II:  AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect from the date of its passage. 

 

Explanation:

UPPERCASE indicates matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Underlining indicates amendments.