MD
Maryland Senate Bill SB44

Maryland 2022 Regular Session

Maryland Senate Bill SB44 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 182
21
3-– 1 –
4-Chapter 182
5-(Senate Bill 44)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0044*
89
9-Crimes – Unattended Dogs – Extreme Weather Conditions and Heat
10+SENATE BILL 44
11+E1 2lr0784
12+SB 122/21 – JPR (PRE–FILED) CF HB 16
13+By: Senators West, Jackson, Kramer, and Sydnor
14+Requested: October 15, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Judicial Proceedings
17+Committee Report: Favorable
18+Senate action: Adopted with floor amendments
19+Read second time: March 8, 2022
1020
11-FOR the purpose of prohibiting a person from leaving a dog outside and unattended for
12-longer than a certain period without access to certain suitable shelter or suitable
13-shade during certain weather conditions or temperatures, subject to certain
14-exceptions; and generally relating to leaving unattended dogs outside.
21+CHAPTER ______
1522
16-BY repealing and reenacting, with amendments,
17- Article – Criminal Law
18-Section 10–623
19- Annotated Code of Maryland
20- (2021 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2124
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
25+Crimes – Unattended Dogs – Extreme Weather Conditions and Heat 2
2426
25-Article – Criminal Law
27+FOR the purpose of prohibiting a person from leaving a dog outside and unattended for 3
28+longer than a certain period without access to certain suitable shelter or suitable 4
29+shade during certain weather conditions or temperatures, subject to certain 5
30+exceptions; and generally relating to leaving unattended dogs outside. 6
2631
27-10–623.
32+BY repealing and reenacting, with amendments, 7
33+ Article – Criminal Law 8
34+Section 10–623 9
35+ Annotated Code of Maryland 10
36+ (2021 Replacement Volume and 2021 Supplement) 11
2837
29- (a) (1) In this section the following words have the meanings indicated.
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
39+That the Laws of Maryland read as follows: 13
3040
31- (2) “Collar” means a device constructed of nylon, leather, or similar
32-material specifically designed to be used around the neck of a dog.
41+Article – Criminal Law 14
3342
34- (3) (I) “EXTREME WEATHER CONDI TIONS” MEANS
35-TEMPERATURES BELOW 32 DEGREES FAHRENHEIT OR CONDITI ONS DURING AN
36-ACTIVE WINTER OR COLD WEATHER WARNING OR A DVISORY ISSUED BY TH E
37-NATIONAL WEATHER SERVICE.
43+10–623. 15
3844
39- (II) “EXTREME WEATHER CONDI TIONS” DOES NOT INC LUDE
40-MARINE WARNINGS OR A DVISORIES ISSUED BY THE NATIONAL WEATHER SERVICE.
45+ (a) (1) In this section the following words have the meanings indicated. 16
4146
42- [(3)] (4) “Restraint” means a chain, rope, tether, leash, cable, or other
43-device that attaches a dog to a stationary object or trolley system.
47+ (2) “Collar” means a device constructed of nylon, leather, or similar 17
48+material specifically designed to be used around the neck of a dog. 18 2 SENATE BILL 44
4449
45- (5) “SPORTING” MEANS ANY ATHLETI C COMPETITION , SKILL
46-COMPETITION , OBEDIENCE COMPETITIO N, OR OTHER COMPETITION INTENDED FOR
47-THE PARTICIPATION OF DOGS.
48- Ch. 182 2022 LAWS OF MARYLAND
4950
50-– 2 –
51- (6) “SUITABLE SHADE ” MEANS AN AREA COMPLE TELY PROTECTED
52-FROM THE DIRECT SUN THAT IS ACCESSIBLE A ND FULLY COVERS A DO G.
5351
54- (7) (I) “SUITABLE SHELTER ” MEANS A STRUCTURE TH AT:
52+ (3) (I) “EXTREME WEATHER CONDI TIONS” MEANS 1
53+TEMPERATURES BELOW 32 DEGREES FAHRENHEIT OR CONDITI ONS DURING AN 2
54+ACTIVE WINTER OR COLD WEATHER WARNING OR A DVISORY ISSUED BY THE 3
55+NATIONAL WEATHER SERVICE. 4
5556
56- 1. (I) IS PROPERLY VENTILAT ED;
57+ (II) “EXTREME WEATHER CONDI TIONS” DOES NOT INCLUDE 5
58+MARINE WARNINGS OR A DVISORIES ISSUED BY THE NATIONAL WEATHER SERVICE. 6
5759
58- 2. (II) HAS A SOLID FLOOR TH AT IS RAISED OFF THE GR OUND
59-OR A SOLID FLOOR THA T IS PROPERLY INSULA TED ALLOWS THE DOG TO RE MAIN
60-REASONABLY DRY ;
60+ [(3)] (4) “Restraint” means a chain, rope, tether, leash, cable, or other 7
61+device that attaches a dog to a stationary object or trolley system. 8
6162
62- 3. (III) HAS A WEATHERPROOF ROOF ;
63+ (5) “SPORTING” MEANS ANY ATHLETIC C OMPETITION, SKILL 9
64+COMPETITION , OBEDIENCE COMPETITIO N, OR OTHER COMPETITION INTENDED FOR 10
65+THE PARTICIPATION OF DOGS. 11
6366
64- 4. (IV) HAS FOUR WALLS , ONE OF WHICH CONTAIN S A
65-DOORWAY IS ENCLOSED WITH AN ENTRANCE ON ONE SIDE ;
67+ (6) “SUITABLE SHADE ” MEANS AN AREA COMPLETELY PROTECTED 12
68+FROM THE DIRECT SUN THAT IS ACCESSIBLE A ND FULLY COVERS A DO G. 13
6669
67- 5. (V) HAS INSULATION TO AL LOW ALLOWS A DOG TO
68-MAINTAIN ITS NORMAL BODY TEMPERATURE ; AND
70+ (7) (I) “SUITABLE SHELTER ” MEANS A STRUCTURE TH AT: 14
6971
70- 6. (VI) IS SUITABLE FOR THE SPECIES, AGE,
71-CONDITION, SIZE, AND TYPE OF DOG .
72+ 1. (I) IS PROPERLY VENTILAT ED; 15
7273
73- (II) “SUITABLE SHELTER ” DOES NOT INCLUDE :
74+ 2. (II) HAS A SOLID FLOOR TH AT IS RAISED OFF THE GR OUND 16
75+OR A SOLID FLOOR THA T IS PROPERLY INSULATE D ALLOWS THE DOG TO RE MAIN 17
76+REASONABLY DRY ; 18
7477
75- 1. A CRAWL SPACE THAT I S UNDER A BUILDING O R PART
76-OF A BUILDING;
78+ 3. (III) HAS A WEATHERPROOF R OOF; 19
7779
78- 2. THE SPACE UNDER A VE HICLE;
80+ 4. (IV) HAS FOUR WALLS , ONE OF WHICH CONTAIN S A 20
81+DOORWAY IS ENCLOSED WITH AN ENTRANCE ON ONE SIDE ; 21
7982
80- 3. A FLOOR CONSISTING O F WIRE OR CHAIN LINK ; OR
83+ 5. (V) HAS INSULATION TO AL LOW ALLOWS A DOG TO 22
84+MAINTAIN ITS NORMAL BODY TEMPERATURE ; AND 23
8185
82- 4. A STRUCTURE MADE FROM CARDBOARD OR OTHER
83-MATERIALS THAT ARE E ASILY DEGRADED BY TH E ELEMENTS.
86+ 6. (VI) IS SUITABLE FOR THE SPECIES, AGE, 24
87+CONDITION, SIZE, AND TYPE OF DOG . 25
8488
85- (b) A person may not leave a dog outside and unattended by use of a restraint:
89+ (II) “SUITABLE SHELTER ” DOES NOT INCLUDE : 26
8690
87- (1) that unreasonably limits the movement of the dog;
91+ 1. A CRAWL SPACE THAT I S UNDER A BUILDING O R PART 27
92+OF A BUILDING; 28
8893
89- (2) that uses a collar that:
94+ 2. THE SPACE UNDER A VEHICL E; 29
95+ SENATE BILL 44 3
9096
91- (i) is made primarily of metal; or
9297
93- (ii) is not at least as large as the circumference of the dog’s neck plus
94-1 inch; LAWRENCE J. HOGAN, JR., Governor Ch. 182
98+ 3. A FLOOR CONSISTING O F WIRE OR CHAIN LINK ; OR 1
9599
96-– 3 –
100+ 4. A STRUCTURE MADE FRO M CARDBOARD OR OTHER 2
101+MATERIALS THAT ARE E ASILY DEGRADED BY TH E ELEMENTS. 3
97102
98- (3) that restricts the access of the dog to suitable and sufficient clean water
99-or appropriate shelter;
103+ (b) A person may not leave a dog outside and unattended by use of a restraint: 4
100104
101- (4) in unsafe or unsanitary conditions; or
105+ (1) that unreasonably limits the movement of the dog; 5
102106
103- (5) that causes injury to the dog.
107+ (2) that uses a collar that: 6
104108
105- (C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A PERSON
106-MAY NOT LEAVE A DOG OUTSIDE AND UNATTEND ED FOR LONGER THAN 30 MINUTES
107-WITHOUT ACCESS TO CO NTINUOUS:
109+ (i) is made primarily of metal; or 7
108110
109- (1) SUITABLE SHELTER DURING EXTRE ME WEATHER CONDITION S;
110-AND
111+ (ii) is not at least as large as the circumference of the dog’s neck plus 8
112+1 inch; 9
111113
112- (2) SUITABLE SHELTER OR SUITABLE SHADE WHEN TEMPERATURES
113-ARE ABOVE 90 DEGREES FAHRENHEIT BUT BELOW WHAT IS RE QUIRED FOR A HEAT
114-ADVISORY.
114+ (3) that restricts the access of the dog to suitable and sufficient clean water 10
115+or appropriate shelter; 11
115116
116- (D) THE PROHIBITION IN SU BSECTION (C) OF THIS SECTION DOES NOT
117-APPLY IF THE DOG IS LAWF ULLY AND ACTIVELY EN GAGED IN:
117+ (4) in unsafe or unsanitary conditions; or 12
118118
119- (1) HUNTING;
119+ (5) that causes injury to the dog. 13
120120
121- (2) LIVESTOCK HERDING OR GUARDING;
121+ (C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A PERSON 14
122+MAY NOT LEAVE A DOG OUTSIDE AND UNATTEND ED FOR LONGER THAN 30 MINUTES 15
123+WITHOUT ACCESS TO CO NTINUOUS: 16
122124
123- (3) SLEDDING;
125+ (1) SUITABLE SHELTER DUR ING EXTREME WEATHER CONDITIONS; 17
126+AND 18
124127
125- (4) SPORTING; OR
128+ (2) SUITABLE SHELTER OR SUITABLE SHADE WHEN TEMPERATURES 19
129+ARE ABOVE 90 DEGREES FAHRENHEIT BUT BELOW WHAT IS RE QUIRED FOR A HEAT 20
130+ADVISORY. 21
126131
127- (5) TRAINING.
132+ (D) THE PROHIBITION IN SU BSECTION (C) OF THIS SECTION DOES NOT 22
133+APPLY IF THE DOG IS LAWFULLY AND ACTIVEL Y ENGAGED IN: 23
128134
129- [(c)] (E) (1) A person who violates SUBSECTION (B) OF this section is guilty
130-of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a
131-fine not exceeding $1,000 or both.
135+ (1) HUNTING; 24
132136
133- (2) A VIOLATION OF SUBSECT ION (C) OF THIS SECTION IS A CIVIL
134-OFFENSE PUNISHABLE B Y:
137+ (2) LIVESTOCK HERDING OR GUARDING; 25
135138
136- (I) FOR A FIRST VIOLATION, A WARNING;
139+ (3) SLEDDING; 26
137140
138- (II) FOR A SECOND VIOLATI ON, A CIVIL PENALTY OF U P TO $500;
139-AND
140- Ch. 182 2022 LAWS OF MARYLAND
141+ (4) SPORTING; OR 27
142+ 4 SENATE BILL 44
141143
142-– 4 –
143- (III) FOR A THIRD OR SUBSE QUENT VIOLATION , A CIVIL PENALTY
144-OF UP TO $1,000.
145144
146- (F) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LOCAL
147-GOVERNMENT FROM ADOP TING A REQUIREMENT FOR THE HEALTH AND SAFETY OF
148-DOGS THAT IS MORE ST RINGENT THAN THE REQ UIREMENTS OF THIS SE CTION.
145+ (5) TRAINING. 1
149146
150- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
151-October 1, 2022.
147+ [(c)] (E) (1) A person who violates SUBSECTION (B) OF this section is guilty 2
148+of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a 3
149+fine not exceeding $1,000 or both. 4
152150
153-Approved by the Governor, April 21, 2022.
151+ (2) A VIOLATION OF SUBSECT ION (C) OF THIS SECTION IS A CIVIL 5
152+OFFENSE PUNISHABLE B Y: 6
153+
154+ (I) FOR A FIRST VIOLATIO N, A WARNING; 7
155+
156+ (II) FOR A SECOND VIOLATI ON, A CIVIL PENALTY OF U P TO $500; 8
157+AND 9
158+
159+ (III) FOR A THIRD OR SUBSE QUENT VIOLATION , A CIVIL PENALTY 10
160+OF UP TO $1,000. 11
161+
162+ (F) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LOCAL 12
163+GOVERNMENT FROM ADOP TING A REQUIREMENT F OR THE HEALTH AND SA FETY OF 13
164+DOGS THAT IS MORE ST RINGENT THAN THE REQ UIREMENTS OF THIS SECTION. 14
165+
166+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
167+October 1, 2022. 16
168+
169+
170+
171+
172+Approved:
173+________________________________________________________________________________
174+ Governor.
175+________________________________________________________________________________
176+ President of the Senate.
177+________________________________________________________________________________
178+ Speaker of the House of Delegates.