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.
*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
Committee Report: Favorable
Senate action: Adopted with floor amendments
Read second time: March 8, 2022
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
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 2 SENATE BILL 44
(3) (I) “EXTREME WEATHER CONDI TIONS” MEANS 1
TEMPERATURES BELOW 32 DEGREES FAHRENHEIT OR CONDITI ONS DURING AN 2
ACTIVE WINTER OR COLD WEATHER WARNING OR A DVISORY ISSUED BY THE 3
NATIONAL WEATHER SERVICE. 4
(II) “EXTREME WEATHER CONDI TIONS” DOES NOT INCLUDE 5
MARINE WARNINGS OR A DVISORIES ISSUED BY THE NATIONAL WEATHER SERVICE. 6
[(3)] (4) “Restraint” means a chain, rope, tether, leash, cable, or other 7
device that attaches a dog to a stationary object or trolley system. 8
(5) “SPORTING” MEANS ANY ATHLETIC C OMPETITION, SKILL 9
COMPETITION , OBEDIENCE COMPETITIO N, OR OTHER COMPETITION INTENDED FOR 10
THE PARTICIPATION OF DOGS. 11
(6) “SUITABLE SHADE ” MEANS AN AREA COMPLETELY PROTECTED 12
FROM THE DIRECT SUN THAT IS ACCESSIBLE A ND FULLY COVERS A DO G. 13
(7) (I) “SUITABLE SHELTER ” MEANS A STRUCTURE TH AT: 14
1. (I) IS PROPERLY VENTILAT ED; 15
2. (II) HAS A SOLID FLOOR TH AT IS RAISED OFF THE GR OUND 16
OR A SOLID FLOOR THA T IS PROPERLY INSULATE D ALLOWS THE DOG TO RE MAIN 17
REASONABLY DRY ; 18
3. (III) HAS A WEATHERPROOF R OOF; 19
4. (IV) HAS FOUR WALLS , ONE OF WHICH CONTAIN S A 20
DOORWAY IS ENCLOSED WITH AN ENTRANCE ON ONE SIDE ; 21
5. (V) HAS INSULATION TO AL LOW ALLOWS A DOG TO 22
MAINTAIN ITS NORMAL BODY TEMPERATURE ; AND 23
6. (VI) IS SUITABLE FOR THE SPECIES, AGE, 24
CONDITION, SIZE, AND TYPE OF DOG . 25
(II) “SUITABLE SHELTER ” DOES NOT INCLUDE : 26
1. A CRAWL SPACE THAT I S UNDER A BUILDING O R PART 27
OF A BUILDING; 28
2. THE SPACE UNDER A VEHICL E; 29
SENATE BILL 44 3
3. A FLOOR CONSISTING O F WIRE OR CHAIN LINK ; OR 1
4. A STRUCTURE MADE FRO M CARDBOARD OR OTHER 2
MATERIALS THAT ARE E ASILY DEGRADED BY TH E ELEMENTS. 3
(b) A person may not leave a dog outside and unattended by use of a restraint: 4
(1) that unreasonably limits the movement of the dog; 5
(2) that uses a collar that: 6
(i) is made primarily of metal; or 7
(ii) is not at least as large as the circumference of the dog’s neck plus 8
1 inch; 9
(3) that restricts the access of the dog to suitable and sufficient clean water 10
or appropriate shelter; 11
(4) in unsafe or unsanitary conditions; or 12
(5) that causes injury to the dog. 13
(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A PERSON 14
MAY NOT LEAVE A DOG OUTSIDE AND UNATTEND ED FOR LONGER THAN 30 MINUTES 15
WITHOUT ACCESS TO CO NTINUOUS: 16
(1) SUITABLE SHELTER DUR ING EXTREME WEATHER CONDITIONS; 17
AND 18
(2) SUITABLE SHELTER OR SUITABLE SHADE WHEN TEMPERATURES 19
ARE ABOVE 90 DEGREES FAHRENHEIT BUT BELOW WHAT IS RE QUIRED FOR A HEAT 20
ADVISORY. 21
(D) THE PROHIBITION IN SU BSECTION (C) OF THIS SECTION DOES NOT 22
APPLY IF THE DOG IS LAWFULLY AND ACTIVEL Y ENGAGED IN: 23
(1) HUNTING; 24
(2) LIVESTOCK HERDING OR GUARDING; 25
(3) SLEDDING; 26
(4) SPORTING; OR 27
4 SENATE BILL 44
(5) TRAINING. 1
[(c)] (E) (1) A person who violates SUBSECTION (B) OF this section is guilty 2
of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a 3
fine not exceeding $1,000 or both. 4
(2) A VIOLATION OF SUBSECT ION (C) OF THIS SECTION IS A CIVIL 5
OFFENSE PUNISHABLE B Y: 6
(I) FOR A FIRST VIOLATIO N, A WARNING; 7
(II) FOR A SECOND VIOLATI ON, A CIVIL PENALTY OF U P TO $500; 8
AND 9
(III) FOR A THIRD OR SUBSE QUENT VIOLATION , A CIVIL PENALTY 10
OF UP TO $1,000. 11
(F) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LOCAL 12
GOVERNMENT FROM ADOP TING A REQUIREMENT F OR THE HEALTH AND SA FETY OF 13
DOGS THAT IS MORE ST RINGENT THAN THE REQ UIREMENTS OF THIS SECTION. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2022. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.