HARRY HUGHES, Governor

2171

(5)  REFUSES TO ALLOW A MEMBER OF THE BOARD TO
ENTER AND INSPECT THE LICENSED PREMISES;

(6)  OBSTRUCTS ANY MEMBER OF THE BOARD IN THE
PERFORMANCE OF HIS DUTIES;

(7)  COMMITS AN ACT OF CRUELTY OR TORTURE, AS
THOSE TERMS ARE DEFINED IN ARTICLE 27, § 62 OF THE CODE, OR
ALLOWS THE COMMISSION OF AN ACT OF CRUELTY OR TORTURE BY ANY
OTHER PERSON WITH RELATION TO ANY HORSE UNDER THE CONTROL OF
THE LICENSEE;

(8)  IF ENGAGED IN THE PUBLIC SALE OF HORSES,
FAILS TO COMPLY WITH ANY OF THE PROVISIONS OF TITLE 3,
SUBTITLE 3 OF THIS ARTICLE; OR

(9)  DOES ANY OTHER ACTION THAT, IN THE OPINION
OF THE BOARD OF INSPECTION, TAKING INTO CONSIDERATION THE
WELFARE OF THE HORSES UNDER THE CONTROL OF THE LICENSEE,
SHOWS THAT THE LICENSEE IS UNFIT TO OPERATE A HORSE RIDING
STABLE.

2-716.

(A)  IF, IN ACCORDANCE WITH ARTICLE 27, § 67 OF THE
CODE, THE BOARD CONSIDERS IT NECESSARY TO TAKE POSSESSION OF
A HORSE TO PROTECT IT FROM NEGLECT OR CRUELTY, THE BOARD
IMMEDIATELY SHALL NOTIFY THE OWNER OR CUSTODIAN OF THIS
ACTION.

(B)  THE OWNER OR CUSTODIAN OF THE HORSE MAY PETITION
THE BOARD FOR RETURN OF THE HORSE WITHIN 5 DAYS AFTER
POSSESSION WAS TAKEN. IF A TIMELY PETITION IS NOT FILED
WITH THE BOARD, THE HORSE SHALL BE TREATED AS AN ESTRAY.

(C) (1) IF THE OWNER OR CUSTODIAN FILES A TIMELY
PETITION, THE BOARD SHALL RETURN THE HORSE IF THE OWNER OR
CUSTODIAN:

(I)  CONSENTS TO PROVIDING PROPER ATTENTION
TO THE HORSE, AS SPECIFIED BY THE BOARD; AND

(II)  PAYS ALL COSTS AND EXPENSES INCURRED
IN TAKING POSSESSION OF AND STABLING THE HORSE DURING
POSSESSION.

(2) IF THE OWNER OR CUSTODIAN DOES NOT CONSENT
OR PAY ALL COSTS AND EXPENSES, THE HORSE SHALL BE TREATED AS
AN ESTRAY.

2-717.

THE BOARD MAY APPLY FOR RELIEF BY INJUNCTION, WITHOUT
BOND, TO ENFORCE ANY PROVISION OF THIS SUBTITLE OR TO
RESTRAIN A VIOLATION OF ANY PROVISION OF THIS SUBTITLE. IN
THESE PROCEEDINGS THE BOARD DOES NOT HAVE TO ALLEGE OR PROVE
THAT: