ORDINANCE AMENDING DOG
CONTROL REGULATIONS
ORDINANCE NO: _______
AN ORDINANCE OF THE COMMISSIONERS OF CAMBRIDGE TO AMEND
CHAPTER 3 OF THE CITY CODE, ENTITLED “ANIMALS AND FOWL” TO
FORMALLY ADOPT CHAPTER 78, AS AMENDED, OF THE DORCHESTER
COUNTY CODE RELATING TO ANIMALS AND TO AUTHORIZE
EMPLOYEES AND AGENTS OF DORCHESTER COUNTY TO ENFORCE
ITS PROVISIONS WITHIN THE CITY OF CAMBRIDGE.
WHEREAS, by ORDINANCE NO. 955, adopted by the Commissioners of Cambridge
on October 22, 2007, the City adopted certain provisions of the dog control ordinance
adopted by Dorchester County as codified in Chapter 78 of the Dorchester County Code;
and
WHEREAS, Dorchester County has offered to enforce the provisions of its Dog Control
Ordinance as codified in Chapter 78, within the corporate limits of the City of
Cambridge; and
WHEREAS, in order to avoid the need for future adoption of Ordinances which amend
the City Code by incorporating changes which Dorchester County makes to its Chapter
78, the Commissioners of Cambridge desire to adopt by reference, Chapter 78 of the
Dorchester County Code of Laws, as amended from time to time, as the official Dog
Control Ordinance applicable within the City of Cambridge.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Commissioners of
Cambridge that ARTICLE I, of Chapter 3 entitled “Animals and Fowl” of the Code of Laws of the
City of Cambridge be amended by adding a new section 3-3.2 “Kennels” and reenacted to read as
follows:
ARTICLE I. IN GENERAL
Sec. 3-1. Keeping of pigs or hogs.
No person shall keep, have or hold any live hogs or pigs in the city, and no owner or
person in charge of any premises shall permit any hogs to be kept on such premises.
(Code 1972, § 3.11)
Sec. 3-2. Keeping of fowl; allowing animals to go into streets.
No person shall allow any fowl to run at large or permit any animal to go upon any street,
unless accompanied and securely fastened.
(Code 1972, § 3.12)
Cross references: Streets, sidewalks and public places, ch. 16.
Sec. 3-2.1. Nuisances.
(a) It shall be unlawful for any owner of any animal to fail to exercise proper care and
control of his animals to prevent such animals from becoming a public nuisance.
(b) Excessive, continuous or untimely barking or the molesting of passersby shall be
deemed a nuisance. For the purpose of this section, such nuisance shall not be considered
as such unless such act complained of shall be attested to by five residents in immediate
vicinity of the area in which such animal is maintained.
(c) The failure of an owner or keeper of an animal to prevent the animal from (i)
entering the trash and/or garbage container(s) of a person, other than the owner or keeper
of the animal, and removing any of the trash or garbage and depositing same on the
property of another, or on public property, or (ii) excreting on the private property of
another, shall constitute the failure to exercise proper care and control of the animal.
Therefore, the permitting of an animal to (i) enter the trash and/or garbage container(s) of
another person and removing and depositing the trash or garbage on the property of
another or on public property, or (ii) deposit excrement on the private property of another
shall be deemed a nuisance.
(d) Upon the proper determination that a nuisance exists, the offending owner or keeper
shall be deemed guilty of a municipal infraction, subject to a fine of $100.00 during the
existence of this offense.
(Ord. No. 600, § 1; Ord. No. 905, 8-5-02)
Charter references: Penalties for ordinance violations, § 3-83.
State law references: Penalties for ordinance violations, Ann. Code of Md. art. 23A, §
3.
Sec. 3-2.2. Animal excrement removal.
(a) Any person who owns, possesses or controls an animal shall immediately remove
any excrement deposited by the animal upon any street, gutter, sidewalk, public parking
lot, public park, or any other public area.
(b) A person is in compliance with this section if the person removes the excrement and
carries it away for proper disposal, or if he places the excrement in a bag, wrapper or
other container, and deposits it in a litter receptacle.
(c) This section shall not apply to a person who has a physical handicap which would
prevent the person from complying with the requirements of this section.
(Ord. No. 827, 6-3-96)
Sec. 3-3. Penalty for violation of chapter.
Except where it is otherwise provided, any person, firm or corporation who shall violate
any provision of this chapter shall be deemed guilty of an infraction, the fine for which
shall be $100.00, and every day that a violation continues after due notice has been
served in conformity with the terms and provisions of Ann. Code of Md. Art. 23A, §
3(b), shall be deemed a separate offense.
(Code 1972, § 3.13; Ord. No. 600, § 1; Ord. No. 730, § 1, 8-15-88; Ord. No. 905, 8-5-02)
Charter references: Penalties for ordinance violations, § 3-83.
State law references: Penalties for ordinance violations, Ann. Code of Md. art. 23A, §
3.
Sec. 3-3.1. Authority of humane society.
The Humane Society of Dorchester County is hereby permitted, but not required, to
respond to calls regarding the welfare of an animal, within the city if the Humane Society
is not the designated agent or contractor of Dorchester County for the purpose of
responding to dog control calls within the county. When the Humane Society has been
formally designated as the agent and/or contractor for Dorchester County’s Dog Control,
the response of the Humane Society shall be required.
(Ord. No. 955, 10-22-07)
Section 3-3.2. Kennels.
A. Prohibition. It shall be unlawful for any person to maintain kennels for dogs
within the limits of the city. For purposes of this section, the word "kennel" shall mean the
harboring and maintaining of more than three dogs.
B. Exceptions. The above prohibition shall not apply to benevolent societies
devoted to the care and hospitable treatment of lost or injured animals, or to licensed
veterinary clinics or animal hospitals.
AND BE IT FURTHER ENACTED AND ORDAINED by the Commissioners of Cambridge
that ARTICLE II “DOG CONTROL” of Chapter 3 entitled “Animals and Fowl” of the Code of
Laws of the City of Cambridge be REPEALED and that the following be reenacted as ARTICLE
II,, DOG CONTROL to read as follows
ARTICLE II. DOG CONTROL
SECTION 3-4. Short Tile
This chapter shall be known as and may be cited as the “City of Cambridge Dog
Control Ordinance."
SECTION 3-5 ADOPTION.
Chapter 78, known and codified as the “Dorchester County Dog Control Ordinance,”
inclusive of the Dorchester County Code, together with any and all of the animal care
standards, as adopted and implemented by the County Council for Dorchester County,
Maryland, as amended from time to time, be and the same are hereby adopted as part of the
Code of Laws of the City of Cambridge, and enforceable within the corporate limits of the City
of Cambridge.
SECTION 3-6 AUTHORIZATION.
The County Council of Dorchester County, Maryland, its agents and employees, be, and the
same are hereby authorized and empowered to enforce the provisions of Chapter 78 of the
Dorchester County Code, inclusive of the Animal Care Standards, within the corporate limits
of the City of Cambridge, in the same manner and within the same authority as they would in
Dorchester County.
SECTION 3-7 APPLICATION.
In the event any provision of the currents laws and ordinances of the City of Cambridge is in
conflict with, or is inconsistent with Chapter 78 of the Dorchester County Code with regard to
animal control, then the terms and provisions of Chapter 78 shall prevail and apply.
SECTION 3-8. Rules of construction – saving clause.
A. Nothing contained in this Chapter is intended to conflict with state law; where this Chapter
and state law differ, the more stringent provision shall apply.
B. Should any article or section, or part of an article or section, or provision of this Chapter be
declared invalid or unconstitutional by a court of competent jurisdiction, this shall not affect the
validity of the Chapter as a whole, other than the part so declared to be invalid or
unconstitutional.
AND BE IT FURTHER ENACTED BY THE that the provisions of this Ordinance
shall take effect JULY 1, 2010.
ATTEST:
THE COMMISSIONERS OF CAMBRIDGE
___________________________
Edwin C. Kinnamon, Clerk
BY:
Introduced the
Adopted this
VICTORIA JACKSON-STANLEY, Mayor
14TH
JUNE, 2010.
day of JUNE, 2010.