(a) If an owner or custodian of an animal is convicted of an act of animal cruelty, the court may order the removal of the animal or any other animal at the time of conviction for the protection of the animal.
(b) (1) An officer or authorized agent of a humane society, or a police officer or other public official required to protect animals may seize an animal if necessary to protect the animal from cruelty.
(2) (i) An animal that a medical and scientific research facility possesses may be removed under this subsection only after review by and a recommendation from the Maryland Department of Health, Center for Veterinary Public Health.
(ii) The Maryland Department of Health shall:
1. conduct an investigation within 24 hours after receiving a complaint; and
2. within 24 hours after completing the investigation, report to the State’s Attorney for the county in which the facility is situated.
(c) (1) If an animal is impounded, yarded, or confined without necessary food, water, or proper attention, is subject to cruelty, or is neglected, an officer or authorized agent of a humane society, a police officer, another public official required to protect animals, or any invited and accompanying veterinarian licensed in the State, may:
(i) enter the place where the animal is located and supply the animal with necessary food, water, and attention; or
(ii) remove the animal if removal is necessary for the health of the animal.
(2) A person who enters a place under paragraph (1) of this subsection is not liable because of the entry.
(d) (1) A person who removes an animal under subsection (c) of this section shall notify the animal’s owner or custodian of:
(i) the removal; and
(ii) any administrative remedies that may be available to the owner or custodian.
(2) If an administrative remedy is not available, the owner or custodian may file a petition for the return of the animal in the District Court of the county in which the removal occurred within 10 days after the removal.
(e) An animal is considered a stray if:
(1) an owner or custodian of the animal was notified under subsection (d) of this section and failed to file a petition within 10 days after removal; or
(2) the owner or custodian of the animal is unknown and cannot be ascertained by reasonable effort for 20 days to determine the owner or custodian.
(f) This section does not allow:
(1) entry into a private dwelling; or
(2) removal of a farm animal without the prior recommendation of a veterinarian licensed in the State.
(g) In Baltimore County, the Baltimore County Department of Health, Division of Animal Control or an organization that the Baltimore County government approves shall enforce this section.
Structure Maryland Statutes
Title 10 - Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 6 - Crimes Relating to Animals
Section 10-602 - Legislative Intent
Section 10-603 - Application of 10-601 Through 10-608 and 10-626
Section 10-604 - Abuse or Neglect of Animal
Section 10-605 - Attending Dogfights or Cockfights
Section 10-606 - Aggravated Cruelty to Animals -- in General
Section 10-607 - Aggravated Cruelty to Animals -- Certain Activities Related to Dogfights Prohibited
Section 10-607.1 - Implement of Dogfighting
Section 10-609 - Arrest by Humane Society Officer
Section 10-610 - Animal as Prize
Section 10-611 - Killing of Dog or Cat -- Prohibited Means
Section 10-612 - Abandoning Domestic Animal
Section 10-613 - Sale of Puppy or Kitten
Section 10-614 - Transfer or Coloring of Chick
Section 10-615 - Care of Mistreated Animal
Section 10-616 - Kennel Inspection
Section 10-617 - Disposal of Domestic Animal
Section 10-618 - Poisoning Dog
Section 10-619 - Dangerous Dog
Section 10-620 - Interference With Race Horse
Section 10-621 - Import, Offer, or Transfer of Dangerous Animal
Section 10-622 - Injuring or Trapping Carrier Pigeon
Section 10-623 - Leaving Dogs Outside and Unattended by Use of Restraints
Section 10-624 - Unauthorized Surgery on Dogs
Section 10-625 - Unauthorized Surgical Devocalization of Cat or Dog
Section 10-626 - Killing or Harming Service Animals -- Punishment