EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmembers Kraft and Curran
A BILL ENTITLED
AN ORDINANCE concerning
title
Health - Animal Control and Protection
FOR the purpose of requiring that certain animal licenses be denied or revoked if the applicant or licensee or certain persons connected with the applicant or licensee has been convicted, at any time, of animal abuse, cruelty, or neglect; and generally relating to the control and protection of animals.
body
BY repealing and reordaining, without amendments
Article - Health
Section(s) 10-201(a), 10-210(a), 10-905(a)
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article - Health
Section(s) 10-203, 10-211, 10-219, 10-906, 10-909
Baltimore City Revised Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Health
Title 10. Animal Control and Protection
Subtitle 2. Licensing
Part I. Dog and Cat Licenses
§ 10 201. License required.
(a) In general.
The keeper of any dog or cat must obtain and annually renew a license for that dog or cat, as provided in this Part I.
§ 10 203. Applications.
The application for a license must:
(1) be in the form that the Commissioner of Health requires;
(2) be accompanied by the required fee;
(3) BE ACCOMPANIED BY AN AFFIDAVIT CERTIFYING THAT NEITHER THE APPLICANT NOR ANYONE RESIDING ON THE APPLICANT'S HOUSEHOLD HAS EVER BEEN CONVICTED OF ANIMAL ABUSE, CRUELTY, OR NEGLECT; and
(4) [(3)] contain:
(i) the name and address of the applicant,
(ii) a description of the dog or cat;
(iii) proof of a still current rabies vaccination; and
(iv) any other information that the Commissioner requires.
Part II. Facility Licenses
§ 10 210. License required.
(a) In general.
No person may operate any of the following facilities without a license to do so from the Commissioner of Health, as provided in this Part II:
(1) animal clinic;
(2) animal shelter;
(3) commercial establishment; or
(4) private kennel.
§ 10 211. Applications.
The application for a facility license must:
(1) be in the form that the Commissioner of Health requires;
(2) BE ACCOMPANIED BY AN AFFIDAVIT CERTIFYING THAT NEITHER THE APPLICANT NOR ANY OPERATOR, EMPLOYEE, OR AGENT OF THE APPLICANT HAS EVER BEEN CONVICTED OF ANIMAL ABUSE, CRUELTY, OR NEGLECT;
(3) [(2)] contain the information that the Commissioner requires; and
(3) be accompanied by the required fee.
Part III. Denials, Suspensions, and Revocations
§ 10 219. Grounds for denial, suspension, or revocation.
(A) REQUIRED DENIAL OR REVOCATION.
Subject to the hearing provisions of Title 2, Subtitle 3 {"Administrative Hearings"} of this article, the Commissioner of Health MUST DENY OR REVOKE ANY DOG OR CAT LICENSE ISSUED UNDER THIS SUBTITLE IF THE APPLICANT OR LICENSEE, AT ANY TIME, HAS BEEN CONVICTED OF ANIMAL ABUSE, CRUELTY, OR NEGLECT.
(B) PERMISSIVE DENIAL, SUSPENSION, OR REVOCATION.
SUBJECT TO THE HEARING PROVISIONS OF TITLE 2, SUBTITLE 3 {"ADMINISTRATIVE HEARINGS"} OF THIS ARTICLE, THE COMMISSIONER OF HEALTH may deny, suspend, or revoke any dog or cat license or any facility license issued under this subtitle if the applicant or licensee:
(1) has withheld or falsified any information on an application;
[(2) at any time, has been convicted of cruelty to animals;]
(2) [(3)] during the preceding year, has failed to reclaim an impounded animal within the time required by § 10 308 of this title;
(3) (4) during the preceding year, has surrendered an animal after receiving a violation notice or citation; or
(4) [(5)] within any 12-month period, has committed 3 or more violations of this title for which the applicant or licensee:
(i) has been convicted; or
(ii) received environmental or civil citations that have been disposed of other than by a decision of "not guilty".
Subtitle 9. Horse Riding and Driving
Part II. Driving Licenses
§ 10 905. License required.
(a) In general.
Except as otherwise specified in this section, no one may drive a horse unless:
(1) he or she is an adult;
(2) has been issued a driving license by the Commissioner of Health; and
(3) has that license with him or her while driving the horse.
§ 10 906. Applications.
The application for a driving license must:
(1) be in the form that the Commissioner requires;
(2) BE ACCOMPANIED BY AN AFFIDAVIT CERTIFYING THAT THE APPLICANT HAS NEVER BEEN CONVICTED OF ANIMAL ABUSE, CRUELTY, OR NEGLECT; and
(3) [(2)] contain the information that the Commissioner considers necessary to determine whether an applicant:
(i) is capable of humanely handling a horse; and
(ii) otherwise qualified for a license under this subtitle and the rules and regulations adopted under it.
§ 10 909. Denial, suspension, or revocation.
(A) REQUIRED DENIAL OR REVOCATION.
Subject to the hearing provisions of Title 2, Subtitle 3 {"Administrative Hearings"} of this article, the Commissioner OF HEALTH MUST DENY OR REVOKE ANY DRIVING LICENSE ISSUED UNDER THIS SUBTITLE IF THE APPLICANT OR LICENSEE, AT ANY TIME, HAS BEEN CONVICTED OF ANIMAL ABUSE, CRUELTY, OR NEGLECT.
(B) PERMISSIVE DENIAL, SUSPENSION, OR REVOCATION.
SUBJECT TO THE HEARING PROVISIONS OF TITLE 2, SUBTITLE 3 {"ADMINISTRATIVE HEARINGS"} OF THIS ARTICLE, THE COMMISSIONER OF HEALTH may deny, suspend, or revoke any driving license if the Commissioner finds that the applicant or licensee:
(1) used fraud or deception in obtaining the license;
(2) violated any provision of this subtitle or of any rule or regulation adopted under it; or
(3) violated any other law relating to:
(i) the driving of horsedrawn vehicles;
(ii) the riding of horses; or
(iii) the treatment, care, or handling of horses.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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