EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0016*
HOUSE BILL 16
E1 (2lr0449)
ENROLLED BILL
— Environment and Transportation/Judicial Proceedings —
Introduced by Delegates Lehman, Bagnall, Belcastro, Boyce, Krimm, Ruth, and
Solomon Solomon, Barve, Foley, Fraser–Hidalgo, Healey, Lierman, Love,
Prettyman, Stein, Stewart, and Terrasa
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Crimes – Unattended Dogs – Extreme Weather Conditions and Heat 2
FOR the purpose of prohibiting a person from leaving a dog outside and unattended for 3
longer than a certain period without access to certain suitable shelter or suitable 4
shade during certain weather conditions or temperatures, subject to certain 5
exceptions; and generally relating to leaving unattended dogs outside. 6
BY repealing and reenacting, with amendments, 7
Article – Criminal Law 8
Section 10–623 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2021 Supplement) 11
2 HOUSE BILL 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Criminal Law 3
10–623. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Collar” means a device constructed of nylon, leather, or similar 6
material specifically designed to be used around the neck of a dog. 7
(3) (I) “EXTREME WEATHER CONDITIONS” MEANS 8
TEMPERATURES BELOW 32 DEGREES FAHRENHEIT OR CONDITI ONS DURING AN 9
ACTIVE WINTER OR COLD WEATHER WARNING OR A DVISORY ISSUED BY TH E 10
NATIONAL WEATHER SERVICE. 11
(II) “EXTREME WEATHER CONDI TIONS” DOES NOT INCLUDE 12
MARINE WARNINGS OR ADVISORIES ISSUED BY THE NATIONAL WEATHER SERVICE. 13
[(3)] (4) “Restraint” means a chain, rope, tether, leash, cable, or other 14
device that attaches a dog to a stationary object or trolley system. 15
(5) “SPORTING” MEANS ANY ATHLETIC C OMPETITION, SKILL 16
COMPETITION, OBEDIENCE COMPETITIO N, OR OTHER COMPETITION INTENDED FOR 17
THE PARTICIPATION OF DOGS. 18
(6) “SUITABLE SHADE ” MEANS AN AREA COMPLE TELY PROTECTED 19
FROM THE DIRECT SUN THAT IS ACCESSIBLE A ND FULLY COVERS A DO G. 20
(7) (I) “SUITABLE SHELTER ” MEANS A STRUCTURE THAT : 21
1. (I) IS PROPERLY VENTILAT ED; 22
2. (II) HAS A SOLID FLOOR TH AT IS RAISED OFF THE GR OUND 23
OR A SOLID FLOOR THA T IS PROPERLY INSULA TED; ALLOWS THE DOG TO RE MAIN 24
REASONABLY DRY ; 25
3. (III) HAS A WEATHERPROOF R OOF; 26
4. (IV) HAS FOUR WALLS, ONE OF WHICH CONTAIN S A 27
DOORWAY; IS ENCLOSED WITH AN ENTRANCE ON ONE SIDE ; 28
5. (V) HAS INSULATION TO AL LOW ALLOWS A DOG TO 29
MAINTAIN ITS NORMAL BODY TEMPERATURE ; AND 30 HOUSE BILL 16 3
6. (VI) IS SUITABLE FOR THE SPECIES, AGE, 1
CONDITION, SIZE, AND TYPE OF DOG. 2
(II) “SUITABLE SHELTER ” DOES NOT INCLUDE : 3
1. A CRAWL SPACE THAT I S UNDER A BUILDING O R PART 4
OF A BUILDING; 5
2. THE SPACE UNDER A VE HICLE; 6
3. A FLOOR CONSISTING O F WIRE OR CHAIN LINK ; OR 7
4. A STRUCTURE MADE FRO M CARDBOARD OR OTHER 8
MATERIALS THAT ARE E ASILY DEGRADED BY TH E ELEMENTS. 9
(b) A person may not leave a dog outside and unattended by use of a restraint: 10
(1) that unreasonably limits the movement of the dog; 11
(2) that uses a collar that: 12
(i) is made primarily of metal; or 13
(ii) is not at least as large as the circumference of the dog’s neck plus 14
1 inch; 15
(3) that restricts the access of the dog to suitable and sufficient clean water 16
or appropriate shelter; 17
(4) in unsafe or unsanitary conditions; or 18
(5) that causes injury to the dog. 19
(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A PERSON 20
MAY NOT LEAVE A DOG OUTSIDE AND UNATTEND ED FOR LONGER THAN 30 MINUTES 21
WITHOUT ACCESS TO CO NTINUOUS: 22
(1) SUITABLE SHELTER DUR ING EXTREME WEATHER CONDITIONS; 23
AND 24
(2) SUITABLE SHELTER OR SUITABLE SHADE WHEN TEMPERATURES 25
ARE ABOVE 90 DEGREES FAHRENHEIT BUT BELOW WHAT IS RE QUIRED FOR A HEAT 26
ADVISORY. 27
4 HOUSE BILL 16
(D) THE PROHIBITION IN SU BSECTION (C) OF THIS SECTION DOES NOT 1
APPLY IF THE DOG IS LAWFULLY AND AC TIVELY ENGAGED IN : 2
(1) HUNTING; 3
(2) LIVESTOCK HERDING OR GUARDING; 4
(3) SLEDDING; 5
(4) SPORTING; OR 6
(5) TRAINING. 7
[(c)] (E) (1) A person who violates SUBSECTION (B) OF this section is guilty 8
of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a 9
fine not exceeding $1,000 or both. 10
(2) A VIOLATION OF SUBSECT ION (C) OF THIS SECTION IS A CIVIL 11
OFFENSE PUNISHABLE B Y: 12
(I) FOR A FIRST VIOLATION, A WARNING; 13
(II) FOR A SECOND VIOLATI ON, A CIVIL PENALTY OF U P TO $500; 14
AND 15
(III) FOR A THIRD OR SUBSE QUENT VIOLATION , A CIVIL PENALTY 16
OF UP TO $1,000. 17
(F) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LOCAL 18
GOVERNMENT FROM ADOP TING A REQUIREMENT FOR THE HEALTH AND SAFETY OF 19
DOGS THAT IS MORE ST RINGENT THAN THE REQ UIREMENTS OF THIS SE CTION. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22