Maryland Code

Article 24 - Political Subdivisions - Miscellaneous Provisions
Title 11 - Licenses
Subtitle 5 - Regulation of Animals
Subchapter 1 - General Provisions


§ 11-505. Dogs attacking livestock, etc., may be killed.

Any person may kill any dog which he sees in the act of pursuing, attacking, wounding or killing any poultry or livestock, or attacking human beings whether or not such dog bears the proper license tag required by these provisions. There shall be no liability on such persons in damages or otherwise for such killing.
[An. Code, 1951, § 203; 1939, § 328; 1924, art. 81, § 209; 1918, ch. 497, § 198; 1929, ch. 226, § 270, p. 711; 1951, chs. 544, 638; 1953, ch. 418; 1992, ch. 4, § 4.]

§ 11-507. Disposition of money collected; payment of claims for damages; care, removal or disposition of unlicensed dogs or dogs constituting menace to safety, security or property.

(a) "Person" defined for this section and § 11-508.- For the purposes of this section and § 11-508 of this subtitle, "person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(b) Disposition of money collected generally.- Money arising from the dog licenses or taxes shall be kept in a separate fund by the treasurer of the county, or tax collecting office or credited to the county's general fund, and may be used for the payment of damages for the injury and killing of sheep, poultry or other livestock in the respective counties, according to the procedures set out in a local law or ordinance adopted under § 11-508 of this subtitle.
(c) Payment of claims for damages.- If a county adopts a local law or ordinance under § 11-508 of this subtitle and there are insufficient funds for the payment of all damages the damages shall be paid in the order the claims are presented. Any person whose claim is not paid in any one year by reason of the lack of money available to satisfy claims shall be paid out of the first money that becomes available after the claim is reached. Claims shall be paid in the order in which the claims are proved and filed. Any claims now filed and passed upon, but remaining unpaid, shall have preference over any new claims in the order of payment.
(d) Expenditure of excess funds; contracts for removal, care and disposition of unlicensed dogs or dogs creating menace to safety, security and property.- The governing body of each county may expend any funds in excess of $1,000 remaining in a dog license fund after the payment of the claims for any public purpose which, in the governing body's judgment may seem right and proper. The county governing body may enter into a contract or agreement with any person considered suitable, for the removal, care and disposition of unlicensed dogs, or licensed dogs which may create a menace to the safety, security and property of the residents of the county, on the terms and conditions and for the compensation that may be agreed to by the county governing body and the person.
[An. Code, 1951, § 205; 1939, § 329; 1924, art. 81, § 210; 1918, ch. 497, § 199; 1929, ch. 226, § 271, p. 711; 1939, ch. 526; 1947, ch. 795, § 329; 1959, chs. 156, 517; 1963, ch. 477; 1965, ch. 214; 1967, ch. 240; 1968, ch. 693; 1969, ch. 296; 1970, ch. 616; 1971, ch. 312; 1975, ch. 768, § 1; 1979, ch. 680, § 2; 1982, ch. 461; 1984, ch. 345; 1986, ch. 153; 1992, ch. 4, §§ 3, 4; 1994, ch. 661, § 2; 1997, ch. 14, § 1.]

§ 11-508. Compensation for sheep, poultry or livestock injured or destroyed by dog; dog to be killed.

(a) In general.-
(1) The governing body of a county may provide by local law or ordinance for the compensation of any person whose sheep, poultry, or livestock is destroyed or injured by a dog.
(2) A local law or ordinance enacted under this section may require the sheriff of the county, a county official, or other person to appraise the damages sustained by the person and report the findings to the county governing body.
(b) When owner cannot be determined.-
(1) If the owner of the dog may not be determined, the county governing body may compensate the person in accordance with the appraisal out of a dog license fund established under § 11-507 of this subtitle or out of the general fund of the county.
(2) A sworn report of the appraiser shall be deemed prima facie evidence of the fairness of the award of damages in each instance.
(3) If the county governing body considers the amount of the appraisal unfair, the county governing body may compensate the person an amount that the county governing body considers fair.
(c) When owner known.- If the owner of the dog doing the damage be known, it is the duty of the county governing body to notify the owner to kill the dog immediately. If the owner refuses or neglects to kill the dog upon notice, the owner shall be liable for the damages to the same extent as the owner would be liable in case of negligence or malicious destruction of property. The county governing body may have special officers kill the dog.
(d) Effect of absence of ordinance.- If a county governing body does not adopt a local law or ordinance under this section, the county is not required to compensate any person for sheep, poultry, or livestock destroyed or injured by a dog.
[An. Code, 1951, § 206; 1939, § 330; 1924, art. 81, § 211; 1918, ch. 497, § 200; 1920, ch. 498, § 200; 1929, ch. 226, § 272, p. 711; 1951, ch. 544, § 330; 1953, chs. 318, 543; 1955, ch. 291; 1967, ch. 99; 1968, ch. 36; 1970, ch. 49, § 2; ch. 616; 1972, ch. 181, § 47; ch. 306; 1975, ch. 768, § 1; 1980, chs. 67, 215; 1981, ch. 192; 1982, chs. 16, 310, 374, 461; 1983, ch. 455; 1984, chs. 75, 345; 1985, ch. 398; 1986, ch. 153; 1987, ch. 526; 1992, ch. 4, §§ 3, 4; 1994, ch. 661, § 2.]

BACK
This page hosted by Get your own Free Home Page
1