2214                                         LAWS OR MARYLAND                                   Ch. 803

[[62.

The words "torture," "torment," and "cruelty" mean
every act, omission, or neglect whereby unnecessary or
unjustifiable physical pain or suffering is caused or
permitted, and the word "animal" [mean] MEANS every
living creature except man.

"OFFICER OF A HUMANE SOCIETY" OR "OFFICER OF A
SOCIETY OR ASSOCIATION INCORPORATED FOR THE PREVENTION OF
CRUELTY TO ANIMALS" MEANS ANY AGENT OF THE SOCIETY OR
CORPORATION.]]

If the owner or custodian of an animal is convicted

of any act of animal cruelty, the judge may use his own

discretion in ordering the removal of that animal or
animals for their protection at the time of conviction.

Whenever it becomes necessary, in order to protect any

animal from neglect or cruelty, any officer OR AUTHORIZED

AGENT of an animal humane society or any police officer

or other public officials charged with the protection of
animals may take possession of it. If an animal is
impounded, yarded or confined and continues without
necessary food, water or proper attention, or is cruelly
treated or neglected, any officer OR AUTHORIZED AGENT of

an animal human society or any police officer or other

public officials charged with the protection of animals
may enter into and upon any place in which the animal is

impounded, yarded or confined and supply it with

necessary food, water and attention so long as it there
remainsf or, if necessary, for the health of the animal,
may remove the animal, and not be liable to any action
for that entry. In all cases the owner or custodian of

that animal shall be notified of that action and any

administrative remedies which may be available by the

person taking possession of the animal. The owner or

custodian may file within ten days, if no administrative
remedy is available, a petition for return of the animal

in the District Court of the county in which the removal

occurred. If the owner or custodian is notified and

fails to file the petition within the time prescribed, or

if the owner or custodian is unknown and cannot with

reasonable effort be ascertained for a period of 20 days,
the animal shall be held to be an estray and be dealt
with as such, provided, however, that nothing in this
section shall be construed as permitting the entry into a

private dwelling or as permitting the taking of a farm

animal without prior recommendation of a licensed

veterinarian.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.