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Maryland Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Is it considered trespassing by a dog owner that repeatedly allows pet to urinate/defecate on private property?
Mark Oakley
Mark Oakley
answered on Apr 21, 2021

There are leash laws, and laws requiring pet owners clean up after their dog. These are usually county or municipal infractions under local code. So, if you witness the incident and can identify the pet owner, you can report it to the police or local Animal Control. As far as trespassing, you... View More

2 Answers | Asked in Animal / Dog Law and Personal Injury for Maryland on
Q: What should I do if my dog who is not considered as a dangerous dog got to bite someone
Mark Oakley
Mark Oakley
answered on Apr 2, 2021

Did your dog bite someone? If so, and if the person either is filing a claim for personal injuries or called the police/animal control, then you need to respond to both. The county code generally controls the determination of whether a dog is dangerous or not, and most counties have a two-bite or... View More

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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: If I'm under 18 can I legally take my cat that lives at my dad's house to my mom's?

I live under 50/50 custody between my mom and my dad, and the living situation at my dad's house is less than ideal. If I go to live at my mom's house, I would want to take the cat with me, who is my pet in every way except on paper, as I technically cannot own anything as a minor. I... View More

Mark Oakley
Mark Oakley
answered on Feb 3, 2021

Most judges would direct the cat go with the minor child's primary household, but legal title on ownership papers may still be argued. I cannot imagine any parent will receive any good consideration from a judge in a custody dispute by spitefully holding their minor child's pet hostage... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I found a stray dog almost a year ago. I’m trying to move apartments and need his papers and proof of shots. How?
Mark Oakley
Mark Oakley
answered on Jan 28, 2021

You take the dog to the vet and have the vet give the dog all its shots, then provide you with the statement of the bill detailing all the vaccines administered. It will cot you $200-$400, depending on the vet. If you know of a way to confirm from some other vet that the dog already was given its... View More

2 Answers | Asked in Animal / Dog Law for Maryland on
Q: A bf and gf live together. Gf adopted cat and gave to bf as a surprise Xmas present. Now break up. Who keeps the cat?

Bf cleans litterbox most often, buys the food often, and feeds the cat most often. In Maryland. Gf moving to out of country.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Nov 27, 2020

If there is proof of the gift (card, text message, Facebook post), then the answer is boyfriend. If there is no proof of the gift, then the answer is girlfriend.

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1 Answer | Asked in Criminal Law and Animal / Dog Law for Maryland on
Q: Hi I found an abandone puppy over 1 month ago no tags or nothing can they claim him after this long after being abandon

They abandone la his puppy for over 1 month and sudden they want the puppy back what should I do after I spend in vet care meds food and Carr for this puppy and no one claimed him this long

Mark Oakley
Mark Oakley
answered on Nov 11, 2020

The person claiming property was abandoned has the burden of proof to present evidence of abandonment and persuade the judge of that fact. Just because you find a puppy or any other item does not mean it was abandoned. It may have been mislaid, lost, or neglectfully left on its own, without any... View More

2 Answers | Asked in Animal / Dog Law for Maryland on
Q: My small dog was chewing on a bone on my bed, my friend went toward her and I told him to leave her alone. He did not

He touched her lower back, I said leave her alone. Dog picked up bone and moved. Friend went to reach again, I said stop, I've told you, leave her alone. He then reached for bone, dog snarled and did a warning.. not bite but hard nibble toward him. Friend hit my dog over and over. I yelled for... View More

Mark Oakley
Mark Oakley
answered on Oct 3, 2020

Stop calling that person a friend. Make real friends. He sounds guilty of criminal animal abuse, if you choose to file charges.

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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Neighbors girlfriend had puppy outside on small two story deck for 10 hours alone, no water or food. What should I do?

my neighbor recently bought a puppy and went away while leaving his girlfriend in charge to care for puppy while gone. She is not a resident of the home, just a guest, the lil puppy was outside in 55 degree weather from 0830 to 1930 (when I stopped by to see if everything was ok). She stated that... View More

Mark Oakley
Mark Oakley
answered on Oct 3, 2020

Call local animal control and report your concerns. They can do an animal welfare check and instruct them on proper care of the puppy. Of course, I am sure if you do this that your neighbor will know it was probably you who called, if that is of any concern.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My sister has an alcohol addiction and while in 2 week in-patient treatment I began caring for her dog. That was 1.5 yrs

ago and she has not once physically come to get her dog and now is threatening to send sheriff take me to court. Is this a civil matter since no criminal theft occured no police report? Can I defend that Im now primary caregiver and property abandonment? She does have original adoption papers for... View More

Mark Oakley
Mark Oakley
answered on Sep 18, 2020

The only legal defense you have to keep the dog based on your description is if you convince the court she abandoned the dog, or intended to give the dog to you. Get the proof from whomever she told that she had abandoned the dog. That’s an admission against interest. You also have a... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Is it illegal to keep dogs in a fenced yard or big pen outside in maryland?

I'm moving to southern maryland from texas and have 2 dogs. I have 2 10' ×10' pens put together that they stay in now and someone told me it was illegal to keep them in a pen outside 24/7.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 19, 2020

You likely want to check the specific county code and/or call animal control in the particular county (and/or town)

For example, in Anne Arundel County, pursuant to Article 12, Title 4, dogs in this county can be legally outside if the owner provides adequate shelter to protect the dog...
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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: A neighbor kicked my dog because it was close to his feet on a public sidewalk in front of his home. What can I do?

I was walking my dog on the beauty strip when my neighbor came out and yelled at my face (not social distancing/no mask) that my dog couldn't be on his private property (I didn't know the beauty strip was his private property, I thought it was public property). I offered to leave and he... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 19, 2020

You could call the cops for assault, threats, and animal abuse/cruelty

1 Answer | Asked in Consumer Law and Animal / Dog Law for Maryland on
Q: My neighbor has one female German Shepherd. They consistently breed her sell the puppies and then breed her again.
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 10, 2020

If you think it is animal cruelty, you can call animal control in your area. Or, most jurisdictions require a breeder permit or license to operate legally. You can also call animal control for that information to report this person, if you suspect the breeding in illegal. Otherwise, animals are... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I got a dog with my now my ex girlfriend and she wants him. I paid and sign for him and sign and paid all vet bills.

What are my options in this matter? She’s only paid for things like bag of food and some toys.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 6, 2020

You can Refuse, since it sounds like the dog is yours. Or, you can offer to buy out her interest (basically, pay her to go away). Otherwise, she would have to sue you and win to get the dog from you and it doesn’t sound like she has good chances of that happening.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Can i get in trouble for giving my friend another friends dog when he adked me to care for it till he got back from army
Mark Oakley
Mark Oakley
answered on Jul 2, 2020

First, you cannot legally "give away" something you do not own, so whatever friend has received the dog does not have a legal right of ownership over the dog. The owner has every right to retrieve his dog. Alternatively, he could sue you for the fair market value of the dog, whatever... View More

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Animal / Dog Law for Maryland on
Q: How should I go about getting my deposit back from a a breeder who refused for follow through with obligations

A breeder required 300$ down payment to guarantee a puppy. He promised to send pictures of the female bluenose pitbull puppy, a copy of lineage and shot paperwork, and receipt for payment. After days of me attempting to contact him he refused to respond or and phone calls and texts. He than texts... View More

Mark Oakley
Mark Oakley
answered on Jun 18, 2020

No police, he has committed no crime, they will do nothing for you. No basis to sue, he has not breached the agreement yet to provide you with a pitbull puppy. Unless you have a contract that states when he was supposed to provide you with pictures and paperwork, then the issue of whether he has... View More

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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Neighbor brought 2 yappy dogs on my property and my dog attacked them. Who is at fault?

A Chewy delivery went to neighbor's house. Shen came over when she was walking her two yappy dogs. They started barking at me, at my dog. My dog pushed past me and went to the dogs. She can play rough. The neighbor started screaming and plopped on top of her dogs. She has complained to... View More

Mark Oakley
Mark Oakley
answered on May 27, 2020

Her yappy dogs barking in her yard while tethered have nothing to do with any defense you may have to the incident. You are required as an owner to have your dog under your control (on a leash or in a fenced enclosure) at all times. You failed to have your dog under control, and it charged... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: A new neighbor threatened to shoot our dog or have their Pitbulls attack and kill our dog If he came on their property

Our dog sometimes runs off but typically goes to a neighbors house to play with their dog and our dog has never bitten or attacked anyone if he feels threatened then he will just bark and growl If he dose run off the neighbors return him or call us well we have several new neighbors and one of... View More

Mark Oakley
Mark Oakley
answered on May 20, 2020

There's no excuse for the neighbor's threats, but you did not hear them, another neighbor did, so let's not jump to extreme conclusions. The fact remains, it was you who committed a legal violation by allowing your dog to run loose off leash in the neighborhood. Accident or not,... View More

2 Answers | Asked in Animal / Dog Law, Criminal Law and Federal Crimes for Maryland on
Q: If i live with someone who owns dogs separately, & arent related can i be charged with neglect if they arent mine?

If i live with someone but have no affiliation with them other than being a general tenant in the home of which i pay rent, and the co owner also lives there too, am i responsible for their animals also, in a legal aspect?

What about the other partial co-owner of the home, would they be... View More

Mark Oakley
Mark Oakley
answered on May 13, 2020

Depends on the scenario. If you are one of the co-owners/landlords of the property, and the tenant owns the dogs, and they are renting a room in the property and have access to other common areas like the kitchen, then the owners of the property can likely get charged because they live in and have... View More

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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I am themanager for a veterinary hospital. We had a client turn her pet over to us,now she wants the pet back.

Do we have to give the pet back?

Mark Oakley
Mark Oakley
answered on Dec 7, 2019

Why wouldn’t you? Legally, if there was a completed gift or clear abandonment of the pet, then no, the former pet owner no longer “owns” the pet. Proving the legal intent to make a completed gift or to permanently abandon all legal claims to the pet will be yours to prove in the event of a... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My neighbor is accusing us of “noise violations” because our dog barks at him (while he’s taking pictures of them).

We live on an acre of land and the dog ONLY barks when the man is creeping around our property (in bushes and driveway) he’s taking us to an animal services hearing where we’ll supposedly be charged $250 for “noise violation” He claims dogs can’t bark at all but I want the dog to... View More

Mark Oakley
Mark Oakley
answered on Nov 15, 2019

Each county or local government has its own code (or not) regarding excessive barking. They are vague. For instance, Montgomery County’s reads, “An owner must not allow an animal to cause noise that is loud enough and persistent enough to disturb another person’s quiet enjoyment.“ This... View More

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