Maryland SB 44: Crimes - Unattended Dogs - Extreme Weather Conditions and Heat

Bill Text

LAWRENCE J. HOGAN, JR., Governor Ch. 182 
 
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Chapter 182 
(Senate Bill 44) 
 
AN ACT concerning 
 
Crimes – Unattended Dogs – Extreme Weather Conditions and Heat 
 
FOR  the  purpose  of  prohibiting  a  person  from  leaving  a  dog  outside and  unattended  for 
longer  than  a  certain  period  without  access  to  certain  suitable  shelter  or  suitable 
shade   during   certain   weather   conditions   or   temperatures,   subject   to   certain 
exceptions; and generally relating to leaving unattended dogs outside. 
 
BY repealing and reenacting, with amendments, 
 Article – Criminal Law 
Section 10–623 
 Annotated Code of Maryland 
 (2021 Replacement Volume and 2021 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Criminal Law 
 
10–623. 
 
 (a) (1) In this section the following words have the meanings indicated. 
 
  (2) “Collar”  means  a  device  constructed  of  nylon,  leather,  or  similar 
material specifically designed to be used around the neck of a dog. 
 
  (3) (I) “EXTREME WEATHER CONDITIONS” MEANS 
TEMPERATURES  BELOW 32 DEGREES FAHRENHEIT  OR  CONDITIONS  DURING AN 
ACTIVE WINTER   OR   COLD WEATHER   WARNING   OR   ADVISORY  ISSUED   BY  THE 
NATIONAL WEATHER SERVICE. 
 
   (II) “EXTREME  WEATHER  CONDITIONS” DOES  NOT  INCLUDE 
MARINE WARNINGS OR ADVISORIES ISSUED BY THE NATIONAL WEATHER SERVICE. 
 
  [(3)] (4) “Restraint” means a chain, rope, tether, leash, cable, or other 
device that attaches a dog to a stationary object or trolley system. 
 
  (5) “SPORTING” MEANS    ANY    ATHLETIC    COMPETITION, SKILL 
COMPETITION, OBEDIENCE COMPETITION, OR OTHER COMPETITION INTENDED FOR 
THE PARTICIPATION OF DOGS.  
 

Ch. 182 2022 LAWS OF MARYLAND  
 
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  (6) “SUITABLE  SHADE” MEANS  AN  AREA  COMPLETELY  PROTECTED 
FROM THE DIRECT SUN THAT IS ACCESSIBLE AND FULLY COVERS A DOG. 
 
  (7) (I) “SUITABLE SHELTER” MEANS A STRUCTURE THAT: 
 
    1. (I) IS PROPERLY VENTILATED; 
 
    2. (II) HAS A SOLID FLOOR THAT IS RAISED OFF THE GROUND 
OR  A  SOLID  FLOOR  THAT  IS  PROPERLY  INSULATED ALLOWS  THE  DOG  TO  REMAIN 
REASONABLY DRY; 
 
    3. (III) HAS A WEATHERPROOF ROOF; 
 
    4. (IV) HAS  FOUR  WALLS, ONE  OF  WHICH  CONTAINS  A 
DOORWAY IS ENCLOSED WITH AN ENTRANCE ON ONE SIDE; 
 
    5. (V) HAS   INSULATION   TO   ALLOW ALLOWS A   DOG   TO 
MAINTAIN ITS NORMAL BODY TEMPERATURE; AND 
 
    6. (VI) IS SUITABLE FOR THE SPECIES, AGE, 
CONDITION, SIZE, AND TYPE OF DOG. 
 
   (II) “SUITABLE SHELTER” DOES NOT INCLUDE: 
 
    1. A CRAWL SPACE THAT IS UNDER A BUILDING OR PART 
OF A BUILDING; 
 
    2. THE SPACE UNDER A VEHICLE; 
 
    3. A FLOOR CONSISTING OF WIRE OR CHAIN LINK; OR 
 
    4. A STRUCTURE  MADE  FROM CARDBOARD  OR  OTHER 
MATERIALS THAT ARE EASILY DEGRADED BY THE ELEMENTS. 
 
 (b) A person may not leave a dog outside and unattended by use of a restraint: 
 
  (1) that unreasonably limits the movement of the dog; 
 
  (2) that uses a collar that: 
 
   (i) is made primarily of metal; or 
 
   (ii) is not at least as large as the circumference of the dog’s neck plus 
1 inch; 

 LAWRENCE J. HOGAN, JR., Governor Ch. 182 
 
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  (3) that restricts the access of the dog to suitable and sufficient clean water 
or appropriate shelter; 
 
  (4) in unsafe or unsanitary conditions; or 
 
  (5) that causes injury to the dog. 
 
 (C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A PERSON 
MAY NOT LEAVE A DOG OUTSIDE AND UNATTENDED FOR LONGER THAN 30 MINUTES 
WITHOUT ACCESS TO CONTINUOUS:  
 
  (1) SUITABLE SHELTER  DURING  EXTREME  WEATHER  CONDITIONS; 
AND 
 
  (2) SUITABLE  SHELTER  OR SUITABLE  SHADE  WHEN TEMPERATURES 
ARE ABOVE 90 DEGREES FAHRENHEIT BUT BELOW WHAT IS REQUIRED FOR A HEAT 
ADVISORY. 
 
 (D) THE  PROHIBITION  IN  SUBSECTION (C) OF  THIS  SECTION  DOES NOT 
APPLY IF THE DOG IS LAWFULLY AND ACTIVELY ENGAGED IN: 
 
  (1) HUNTING;  
 
  (2) LIVESTOCK HERDING OR GUARDING;  
 
  (3) SLEDDING; 
 
  (4) SPORTING; OR 
 
  (5) TRAINING.  
 
 [(c)] (E) (1) A person who violates SUBSECTION (B) OF this section is guilty 
of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a 
fine not exceeding $1,000 or both. 
 
  (2) A VIOLATION  OF  SUBSECTION (C) OF  THIS  SECTION  IS  A CIVIL 
OFFENSE PUNISHABLE BY: 
 
   (I) FOR A FIRST VIOLATION, A WARNING; 
 
   (II) FOR A SECOND VIOLATION, A CIVIL PENALTY OF UP TO $500; 
AND 
 

Ch. 182 2022 LAWS OF MARYLAND  
 
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   (III) FOR A THIRD OR SUBSEQUENT VIOLATION, A CIVIL PENALTY 
OF UP TO $1,000.  
 
 (F) THIS   SECTION   MAY   NOT BE   CONSTRUED   TO   PROHIBIT   A   LOCAL 
GOVERNMENT FROM ADOPTING A REQUIREMENT FOR THE HEALTH AND SAFETY OF 
DOGS THAT IS MORE STRINGENT THAN THE REQUIREMENTS OF THIS SECTION.  
 
 SECTION  2.  AND  BE  IT  FURTHER  ENACTED,  That  this  Act  shall  take  effect 
October 1, 2022.  
 
Approved by the Governor, April 21, 2022.