Section 10-619 - Dangerous dog. - Maryland Statutes

§ 10-619. Dangerous dog.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Dangerous dog" means a dog that: 

(i) without provocation has killed or inflicted severe injury on a person; or 

(ii) is determined by the appropriate unit of a county or municipal corporation under subsection (c) of this section to be a potentially dangerous dog and, after the determination is made: 

1. bites a person; 

2. when not on its owner's real property, kills or inflicts severe injury on a domestic animal; or 

3. attacks without provocation. 

(3) (i) "Owner's real property" means real property owned or leased by the owner of a dog. 

(ii) "Owner's real property" does not include a public right-of-way or a common area of a condominium, apartment complex, or townhouse development. 

(4) "Severe injury" means a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. 

(b)  Exception.- This section does not apply to a dog owned by and working for a governmental or law enforcement unit. 

(c)  Determination of potentially dangerous dog.- An appropriate unit of a county or municipal corporation may determine that a dog is potentially dangerous if the unit: 

(1) finds that the dog: 

(i) has inflicted a bite on a person while on public or private real property; 

(ii) when not on its owner's real property, has killed or inflicted severe injury on a domestic animal; or 

(iii) has attacked without provocation; and 

(2) notifies the dog owner in writing of the reasons for this determination. 

(d)  Prohibited.- A dog owner may not: 

(1) leave a dangerous dog unattended on the owner's real property unless the dog is: 

(i) confined indoors; 

(ii) in a securely enclosed and locked pen; or 

(iii) in another structure designed to restrain the dog; or 

(2) allow a dangerous dog to leave the owner's real property unless the dog is leashed and muzzled, or is otherwise securely restrained and muzzled. 

(e)  Required notice.- An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog to another shall notify in writing: 

(1) the authority that made the determination under subsection (c) of this section, of the name and address of the new owner of the dog; and 

(2) the person taking possession of the dog, of the dangerous behavior or potentially dangerous behavior of the dog. 

(f)  Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500. 
 

[An. Code 1957, art. 27, § 70E(a)(1), (2), (4), (5), (b)-(f); 2002, ch. 26, § 2.]