(a) Determination of a potentially dangerous dog.
(1) The director is authorized to make a determination whether a dog is potentially dangerous as defined in this section. An investigation must be initiated within ten (10) days after the completion of the investigation.
(2) Following notice to the owner, if the director has probable cause to believe that a dog is a potentially dangerous dog and poses a threat to public safety, the director may impound the dog pending disposition of the case. The owner of the dog shall reimburse Frederick County for the costs and expenses of keeping the dog.
(3) An owner, may within ten (10) days after a determination that a dog is a potentially dangerous dog, request a hearing before the director seeking review of the determination.
(b) Determination of a dangerous dog.
(1) If the director has probable cause to believe that a dog is a dangerous dog, the director may convene a hearing for the purpose of determining whether the dog in question shall be declared a dangerous dog and to determine if the dog would pose a threat to public safety if returned to its owner.
(2) The hearing shall be held no less than ten (10) days after service of notice upon the dog’s owner. The hearing shall be informal and open to the public. The owner shall have the opportunity to present evidence as to why the dog should not be declared a dangerous dog. The director may present all issues for or against the owner of the dog regardless of whether the owner appears at the hearing.
(3) Within five (5) days after the hearing, the director shall notify the owner in writing of the decision.
(c) Exceptions. No dog shall be declared a dangerous or potentially dangerous dog if:
(1) The dog was used by a law enforcement official for legitimate law enforcement purposes.
(2) The injury or damage was sustained by a person:
(A) Who was committing, at the time, a wilful trespass or other tort upon premises lawfully occupied by the owner of the dog;
(B) Who was tormenting, abusing, or assaulting the dog; or
(C) Who was committing or attempting to commit a crime on the owner’s property.
(3) The dog was:
(A) Responding to pain or injury, or was protecting itself, or its offspring; or
(B) Protecting or defending a human being within the immediate vicinity of the dog from a physical attack or assault.
(d) Consequences of a dangerous or potentially dangerous dog determination.
(1) If the director determines that a dog is a potentially dangerous dog under this section, the owner shall comply with the provisions of this section and any other security or care requirements the director may establish.
(2) If the director determines that a dog is a dangerous dog under this section the owner shall comply with the provisions of this section and any other security or care requirements the director may establish.
(3) The director may humanely destroy a dog that has been determined to be a dangerous dog and poses a threat to public safety if returned to its owner.
(4) The director may impound the dog until the owner of the dog has satisfied all of the requirements of which deemed the dog dangerous or potentially dangerous. The owner of the dog shall be liable to Frederick County for the costs and expenses of holding the dog. The requirements must be met within thirty (30) days.
(e) Dangerous dog and potentially dangerous dog registration requirements.
(1) The director shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner establishes to the satisfaction of the director:
(A) The owner of the potentially dangerous dog is twenty-one (21) years of age or older;
(B) The owner has paid an annual fee in an amount to be determined by the director, in addition to regular dog licensing fees, to register the potentially dangerous dog;
(C) The potentially dangerous dog has current rabies vaccinations;
(D) The owner has a proper enclosure to prevent the entry of any person or animal and the escape of said potentially dangerous dog; and
(E) A valid license has been issued for the potentially dangerous dog pursuant to this jurisdiction.
(2) The director shall issue a certificate of registration to the owner of a dangerous dog if the owner, in addition to satisfying the requirements for registration of a potentially dangerous dog pursuant to subsection (e)(1) of this section, establishes to the satisfaction of the director:
(A) The owner of the dangerous dog has written permission of the property owner, landlord or property manager to maintain the animal on the premises where the dangerous dog will kept;
(B) The owner will maintain the dangerous dog exclusively on the owner’s property except for examination or medical treatment;
(C) The owner of the dangerous dog has posted on the premises a clearly visible written warning sign that there is a dangerous dog on the property with a conspicuous warning symbol that informs children of the presence of a dangerous dog. The sign will be visible from the public highway or fifty (50) feet whichever is less;
(D) The owner of the dog will have the dog spayed or neutered within thirty (30) days of being deemed dangerous; and
(E) The owner will have the dog implanted with a microchip containing owner identification information. The microchip information must be registered and provided to the director within three (3) days of being deemed dangerous.
(3) The director may order the immediate impoundment or humane destruction of a dangerous dog if the owner fails to abide by the conditions for registration of a dangerous dog.
(f) Dangerous or potentially dangerous dog owner responsibility. It shall be unlawful for the owner of a dangerous or potentially dangerous dog to:
(1) Keep a dangerous or potentially dangerous dog without a valid certification of registration issued under this section;
(2) Permit a potentially dangerous dog off the owner’s real property unless the potentially dangerous dog is under immediate physical control of a responsible adult and is restrained by a chain or leash;
(3) Fail to keep a dangerous dog within the owner’s property except for medical treatment or examination. When removed from the owner’s property for medical treatment or examination, the dangerous dog shall be caged or under the control of a responsible adult capable of physically restraining the animal, and muzzled and restrained with a chain or leash, not exceeding four (4) feet in length. The muzzle shall be approved by the director;
(4) Fail to notify the director within twenty-four (24) hours if a dangerous or potentially dangerous dog is on the loose, is unconfined, has attacked another domestic animal, has attacked a human being, has died, has been sold, or has been given away. If the dangerous or potentially dangerous dog has been sold or given away the owner shall also provide the director with the name, address and telephone number of the new owner of the dangerous or potentially dangerous dog;
(5) Fail to surrender a dangerous or potentially dangerous dog to the director for safe confinement pending a disposition of the circumstances when there is reason to believe that the dangerous or potentially dangerous dog poses a threat to public safety after an investigation is conducted by animal control.
(g) Penalties. Any person who violates the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof shall be fined no more than one thousand dollars ($1,000.00).
(h) Annual dangerous dog licensing drive; educational program. The director shall encourage the owners of dangerous dogs to participate in preventive, behavioral and/or obedience programs. (Ord. No. G-04-35, 12-2-04)

* Editor’s note: Ord. No. G-04-35, enacted Dec. 2, 2004, repealed and reenacted section 3-24, which pertained to dangerous and potentially dangerous dog and derived from Ord. No. G-77-14, adopted Nov. 3, 1977 and Ord. No. G-97-57, adopted Nov. 20, 1997.