Beltsville, MD asked in Animal / Dog Law and Criminal Law for Maryland

Q: Why is my mother charged for stray cats she doesn't own?

I'm concerned about my neighbor bringing an animal nuisance charge against my mother in Harford County, MD, for stray cats that do not belong to her. There have been no interactions with the neighbor, no notifications from city officials or animal control, and we were informed that the neighbor contacted a city commissioner. We haven't received a summons yet and are planning to go to district court to see what transpires. Why is this listed as a criminal charge, and why would my mother be held accountable for strays she doesn't own?

1 Lawyer Answer

A: You do not state the exact civil code violation your mother was cited with violating. However, Harford County Code Section 64-12, entitled "Animals Constituting Nuisances" reads as follows:

It is unlawful for any person to keep or maintain any animal in such a manner as to cause or permit the animal to be a public nuisance. An animal constitutes a public nuisance if it (1) damages the property of anyone other than its owner; (2) makes an excessive harsh noise so as to disturb the peace, quiet or comfort of the neighborhood; or (3) is vicious or dangerous. Upon the sworn complaint of any person before the District Court of Maryland for Harford County alleging that an animal constitutes a public nuisance in any neighborhood in any area of the County, a summons shall be issued to the owner or keeper of such animal to appear before the District Court. Upon proof that the animal constitutes a public nuisance, the owner shall abate the nuisance within the time specified by the court and in no event more than 30 days after appearing before the court. Should the owner fail to abate the nuisance, the owner or keeper shall be required to surrender the offending animal to the Harford County Humane Society or any other non-profit shelter or rescue organization, unless he/she removes the animal permanently from the neighborhood. If the owner or keeper is required to surrender the animal and he/she refuses or fails to do so, it is the duty of the Sheriff or other appropriate law enforcement authority of the County to seize the animal. For purposes of this section, the definition of "animal" shall include, but not be restricted to, dogs, cats, reptiles, and fowl. This definition shall not include livestock (as defined in § 267-4 of the Harford County Code, as amended) on agriculturally assessed property.

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