EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0044*
SENATE BILL 44
E1 2lr0784
SB 122/21 – JPR (PRE–FILED) CF HB 16
By: Senators West, Jackson, Kramer, and Sydnor
Requested: October 15, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
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
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Law 14
10–623. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “Collar” means a device constructed of nylon, leather, or similar 17
material specifically designed to be used around the neck of a dog. 18
(3) (I) “EXTREME WEATHER CONDITIONS ” MEANS 19
TEMPERATURES BELOW 32 DEGREES FAHRENHEIT OR CONDITI ONS DURING AN 20
ACTIVE WEATHER WARNI NG OR ADVISORY ISSUE D BY THE NATIONAL WEATHER 21
SERVICE. 22 2 SENATE BILL 44
(II) “EXTREME WEATHER CONDI TIONS” DOES NOT INCLUDE 1
MARINE WARNINGS OR A DVISORIES ISSUED BY THE NATIONAL WEATHER SERVICE. 2
[(3)] (4) “Restraint” means a chain, rope, tether, leash, cable, or other 3
device that attaches a dog to a stationary object or trolley system. 4
(5) “SPORTING” MEANS ANY ATHLETIC C OMPETITION, SKILL 5
COMPETITION , OBEDIENCE COMPETITION , OR OTHER COMPETITION INTENDED FOR 6
THE PARTICIPATION OF DOGS. 7
(6) “SUITABLE SHADE ” MEANS AN AREA COMPLE TELY PROTECTED 8
FROM THE DIRECT SUN THAT IS ACCESSIBLE A ND FULLY COVERS A DO G. 9
(7) (I) “SUITABLE SHELTER ” MEANS A STRUCTURE THAT: 10
1. IS PROPERLY VENTILAT ED; 11
2. HAS A SOLID FLOOR TH AT IS RAISED OFF THE GROUND 12
OR A SOLID FLOOR THA T IS PROPERLY INSULA TED; 13
3. HAS A WEATHERPROOF R OOF; 14
4. HAS FOUR WALLS , ONE OF WHICH CONTAIN S A 15
DOORWAY; 16
5. HAS INSULATION TO ALLOW A DOG TO MAINT AIN ITS 17
NORMAL BODY TEMPERAT URE; AND 18
6. IS SUITABLE FOR THE SPECIES, AGE, CONDITION, 19
SIZE, AND TYPE OF DOG . 20
(II) “SUITABLE SHELTER ” DOES NOT INCLUDE : 21
1. A CRAWL SPACE THAT I S UNDER A BUILDING O R PART 22
OF A BUILDING; 23
2. THE SPACE UNDER A VE HICLE; 24
3. A FLOOR CONSISTING O F WIRE OR CHAIN LINK ; OR 25
4. A STRUCTURE MADE FRO M CARDBOARD OR OTHER 26
MATERIALS THAT ARE E ASILY DEGRADED BY TH E ELEMENTS. 27
(b) A person may not leave a dog outside and unattended by use of a restraint: 28 SENATE BILL 44 3
(1) that unreasonably limits the movement of the dog; 1
(2) that uses a collar that: 2
(i) is made primarily of metal; or 3
(ii) is not at least as large as the circumference of the dog’s neck plus 4
1 inch; 5
(3) that restricts the access of the dog to suitable and sufficient clean water 6
or appropriate shelter; 7
(4) in unsafe or unsanitary conditions; or 8
(5) that causes injury to the dog. 9
(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A PERSON 10
MAY NOT LEAVE A DOG OUTSIDE AND UNATTENDED FOR LONGE R THAN 30 MINUTES 11
WITHOUT ACCESS TO CO NTINUOUS: 12
(1) SUITABLE SHELTER DUR ING EXTREME WEATHER CONDITIONS; 13
AND 14
(2) SUITABLE SHELTER OR SUITABLE SHADE WHEN TEMPERATURES 15
ARE ABOVE 90 DEGREES FAHRENHEIT BUT BELOW WHAT IS REQUIRED FOR A HEAT 16
ADVISORY. 17
(D) THE PROHIBITION IN SU BSECTION (C) OF THIS SECTION DOES NOT 18
APPLY IF THE DOG IS LAWFULLY AND ACTIVEL Y ENGAGED IN: 19
(1) HUNTING; 20
(2) LIVESTOCK HERDING OR GUARDING; 21
(3) SLEDDING; 22
(4) SPORTING; OR 23
(5) TRAINING. 24
[(c)] (E) (1) A person who violates SUBSECTION (B) OF this section is guilty 25
of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a 26
fine not exceeding $1,000 or both. 27
4 SENATE BILL 44
(2) A VIOLATION OF SUBSECT ION (C) OF THIS SECTION IS A CIVIL 1
OFFENSE PUNISHABLE B Y: 2
(I) FOR A FIRST VIOLATIO N, A WARNING; 3
(II) FOR A SECOND VIOLATI ON, A CIVIL PENALTY OF U P TO $500; 4
AND 5
(III) FOR A THIRD OR SUBSE QUENT VIOLATION , A CIVIL PENALTY 6
OF UP TO $1,000. 7
(F) THIS SECTION MAY NOT BE CONSTRUE D TO PROHIBIT A LOCA L 8
GOVERNMENT FROM ADOP TING A REQUIREMENT F OR THE HEALTH AND SA FETY OF 9
DOGS THAT IS MORE ST RINGENT THAN THE REQ UIREMENTS OF THIS SE CTION. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12