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Ch. 291
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1984
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LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 67, 251(e), 463(a)(2),
464B(a)(3), and 639A (a) (5) of Article 27 - Crimes and
Punishments, of the Annotated Code of Maryland (1976
Replacement Volume and 1976 Supplement) be and they are
hereby repealed and reenacted, with amendments, to read
as follows:
Article 27 — Crimes and Punishments
67.
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] HUMANE 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 remains, 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.
251.
(e) Any organization refusing to file the report
set forth in subsection [ (c) (4) ] (C) (7) or failing to
comply with the provisions of this section shall forfeit
its right to the issuance of any license for the period
of one year.
463.
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