CALVERT COUNTY OFFICE OF THE COUNTY ATTORNEY

Transcription

1 The Honorable Thomas V. Mike Miller, Jr. State House Office Building 11 Bladen Street, Room 107 Annapolis, MD Tom Ilejl Evan K. Slaughenhoupt Jr. Dear Senator Miller: Please fmd enclosed Request #22 pertaining to the role of private citizens in the enforcement of existing animal Norris, III

2 The Honorable Steve Waugh 2W Miller Senate Office Building 11 Bladen Street Annapolis, MD Tom Hejl Evan K Slaughenhoupt Jr. Dear Senator Waugh: Please find enclosed Request #22 pertaining to the role of private citizens in the enforcement of existing animal 1. "In Calvert County, if an officer of a humane society *" sees a person committing a misdemeanor that

3 The Honorable Jerry Clark 303 House Office Building 6 Bladen Street Annapolis, MD Torn Hejl Evan K. Slaughenhoupt Jr_ Steven R Weems Dear Delegate Clark: Please fmd enclosed Request #22 pertaining to the role of private citizens in the enforcement of existing animal orris, III

4 The Honorable Mark N. Fisher 202 House Office Building 6 Bladen Street Annapolis, MD Tom Hejl Evan K. Slaughenhoupt Jr. Dear Delegate Fisher: Please find enclosed Request #22 pertaining to the role of private citizens in the enforcement of existing animal Jo orris, III

5 John B. Norris HI, County Attorney The Honorable Michael A. Jackson 204 House Office Building 6 Bladen Street Annapolis, MD Tom Hejl Evan K. Slaughenhoupt Jr. Dear Delegate Jackson: Please find enclosed Request #22 pertaining to the role of private citizens in the enforcement of existing animal

6 Legislative Request # 22 - Public Safety BOARD OF COUNTY COMMISSIONERS OF 2018 LEGISLATIVE REQUESTS Department of Public Safety Contact Person: Jackie Vaughan / Crystal Dowd Extension: 2406 Describe the Need(s) or Reason(s) for Legislative Action: Maryland Annotated Code, Criminal Law Article, (b) provides that, "[i]n Calvert County, if an officer of a humane society *** sees a person committing a misdemeanor that committing the misdemeanor." Maryland Annotated Code, Criminal Law Article, allows an authorized agent of a humane society to seize an animal if necessary to protect the animal from cruelty. Maryland Annotated Code, Criminal Law Article, allows an authorized director of a humane society, accompanied by a sheriff or a deputy sheriff, to inspect the premises where buying, selling, trading, or breeding dogs, a kennel where 25 or more dogs are kept. The humane society clauses in Maryland Law are aimed at those counties that outsource their animal control program to handle animal incidents, investigations, cruelty cases, statement of charges, etc. unlike our county who have employed Animal Control officers who are appointed through the hiring process by the Board of County Commissioners. It would be easy to create confusion with respect to the public's perception of authority to investigate and pursue animal cruelty cases. To combat this potential for confusion, State legislation applicable in Baltimore County has required that county government approve any organization authorized to enforce ; allows the County Health Department, Division of Animal Control and organizations approved by the county government to enforce ; and allows only the County to enforce I believe that applicable in Calvert County should be structured similar to how Baltimore County is structured, and that provisions of State law similar to those for Baltimore County should be added for Calvert County in and Legislative Reference/Citation: Maryland Annotated Code, Criminal Law Article, , , and Please State Specific Language Requested (below or on a separate sheet, if necessary): Maryland Annotated Code, Criminal Law Article, (b): (b) Local enforcement -- Calvert County -- In Calvert County, if afreffieer-g-a-huffrane-seeiet-y-er-an animal control officer appointed by the County Commissioners or the County Commissioners' designee sees a person committing a misdemeanor that involves cruelty to an animal, the officer shall arrest and bring before the District Court the person committing the misdemeanor. Maryland Annotated Code, Criminal Law Article, (f) (New Subpart): (f) Local enforcement -- Calvert County -- In Calvert County, the Calvert County Department of Public Safety Animal Control Division, or an organization that the Board of County Commissioners of Calvert County approves, shall enforce this section. Maryland Annotated Code, Criminal Law Article, (c) (New Subpart): (c) Local enforcement. -- (3) In Calvert County, the Calvert County Health Department, the Calvert County Division of Animal Control or an organization that the Board of County Commissioners of Calvert County approves shall enforce this section. Fiscal Impact (attach additional sheet if necessary): None.