LAWRENCE J. HOGAN, JR., Governor Ch. 181
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Chapter 181
(House Bill 16)
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 CONDI TIONS” MEANS
TEMPERATURES BELOW 32 DEGREES FAHRENHEIT OR CONDITI ONS DURING AN
ACTIVE WINTER OR COLD WEATHER WARNING OR A DVISORY ISSUED BY TH E
NATIONAL WEATHER SERVICE.
(II) “EXTREME WEATHER CONDI TIONS” DOES NOT INCLUD E
MARINE WARNINGS OR A DVISORIES 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 COMPETITIO N, OR OTHER COMPETITION INTENDED FOR
THE PARTICIPATION OF DOGS.
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(6) “SUITABLE SHADE ” MEANS AN AREA COMPLE TELY PROTECTED
FROM THE DIRECT SUN THAT IS ACCESSIBLE A ND FULLY COVERS A DO G.
(7) (I) “SUITABLE SHELTER ” MEANS A STRUCTURE TH AT:
1. (I) IS PROPERLY VENTILAT ED;
2. (II) HAS A SOLID FLOOR TH AT IS RAISED OFF THE GR OUND
OR A SOLID FLOOR THA T IS PROPERLY INSULA TED; ALLOWS THE DOG TO RE MAIN
REASONABLY DRY ;
3. (III) HAS A WEATHERPROOF ROOF ;
4. (IV) HAS FOUR WALLS , ONE OF WHICH CONTAIN S A
DOORWAY; IS ENCLOSED WITH AN ENTRANCE ON ONE SIDE ;
5. (V) HAS INSULATION TO AL LOW 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 I S UNDER A BUILDING O R PART
OF A BUILDING;
2. THE SPACE UNDER A VE HICLE;
3. A FLOOR CONSISTING O F WIRE OR CHAIN LINK ; OR
4. A STRUCTURE MADE FRO M CARDBOARD OR OTHER
MATERIALS THAT ARE E ASILY DEGRADED BY TH E 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. 181
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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 UNATTEND ED FOR LONGER THAN 30 MINUTES
WITHOUT ACCESS TO CO NTINUOUS:
(1) SUITABLE SHELTER DUR ING EXTREME WEATHER CONDITIONS;
AND
(2) SUITABLE SHELTER OR SUITABLE SHADE WHEN TEMPERATURES
ARE ABOVE 90 DEGREES FAHRENHEIT BUT BELOW WHAT IS RE QUIRED FOR A HEAT
ADVISORY.
(D) THE PROHIBITION IN SU BSECTION (C) OF THIS SECTION DOES NOT
APPLY IF THE DOG IS LAWFULLY AND ACTIVEL Y 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 SUBSECT ION (C) OF THIS SECTION IS A CIVIL
OFFENSE PUNISHABLE B Y:
(I) FOR A FIRST VIOLATION, A WARNING;
(II) FOR A SECOND VIOLATI ON, A CIVIL PENALTY OF U P TO $500;
AND
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(III) FOR A THIRD OR SUBSE QUENT VIOLATION , A CIVIL PENALTY
OF UP TO $1,000.
(F) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LOCAL
GOVERNMENT FROM ADOP TING A REQUIREMENT FOR THE HEALTH AND SAFETY OF
DOGS THAT IS MORE ST RINGENT THAN THE REQ UIREMENTS OF THIS SE CTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 21, 2022.