§ 3-135. Animals at large prohibited.

(a)

It shall be unlawful for the owner or custodian of any animal (including, but not limited to, any cattle, horse, mule, swine, sheep, goat, geese, ducks, chickens, dog, cat, or other animal) to permit the animal to run at large or be at large as defined in Section 3-101(12) within Prince George's County, Maryland. At large shall also include:

(1)

The confinement or securing of an animal by any person at a location other than on the premises of its owner, custodian, or authorized agent;

(2)

Herding such animal or tying it for grazing in any street or other public place; or

(3)

The fastening of any horse or other animal on public property to any hydrant, shade tree, or to any box or case around such tree, or to any public ornamental tree on any street or public ground.

(b)

Any animal found at large or running at large is declared to be a nuisance and dangerous to the public health, safety, and welfare.

(c)

The owner of any animal running at large shall be held strictly liable for a violation of this statute, except as provided in paragraphs (f) and (g) of this Section, and for any damages caused by said animal.

(d)

Any person who is aware of an animal running at large within the County shall report the condition by telephone. The identity of an informant under this Section shall not be disclosed except to employees of the Animal Control program and duly authorized law enforcement officers.

(e)

Any Animal Control Officer, police officer, or other agent authorized or empowered to perform any duty under this Subtitle may pursue any animal at large or running at large and may go upon any premises for impounding the animal at large or running at large. If the animal returns to the premises of its owner, the Animal Control Officer may pursue the animal upon the unenclosed exterior premises of the owner. If the owner or custodian takes the animal within the enclosed interior portion of his premises, the Animal Control Officer or police officer shall direct the owner or custodian to surrender the animal for impoundment. No person, after having been directed by an Animal Control Officer or law enforcement officer to surrender an animal for impoundment, shall fail to surrender the animal immediately. Failure to surrender an animal for impoundment upon demand by an Animal Control Officer or law enforcement officer is a misdemeanor and, upon conviction thereof, the violator may be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed ninety (90) days in the County Detention Center, or both. In addition to the criminal penalty hereby imposed, the Commission may impose civil penalties pursuant to Section 3-110 and Section 3-116 herein.

(f)

This Section shall not apply to an animal under the control of its owner, custodian, or an authorized agent of the owner by a leash or lead, or to an animal undergoing obedience training or while actually engaged in the sport of hunting in authorized areas while supervised by a competent person.

(g)

No animal running at large by accident with a person in immediate pursuit of it shall be deemed to be at large, running at large or a stray.

(CB-36-1985; CB-26-2001)