WILLIAM DONALD SCHAEFER, Governor Ch. 364

BY adding to

Article 27 - Crimes and Punishments

Section 70E

Annotated Code of Maryland

(1982 Replacement Volume and 1987 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

70E.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)(I) "DANGEROUS DOG" MEANS ANY DOG THAT:

1. HAS A KNOWN PROPENSITY, TENDENCY, OR

DISPOSITION TO ATTACK UNPROVOKED, TO CAUSE SEVERE INJURY, DAMAGE,
OR DEATH TO, OR TO OTHERWISE ENDANGER THE SAFETY OF HUMANS OR
OTHER DOMESTIC ANIMALS; OR

2. ATTACKS WITHOUT PROVOCATION A HUMAN OR
A DOMESTIC ANIMAL.

(II) "DANGEROUS DOG" DOES NOT INCLUDE A DOG
THAT ATTACKS WITHOUT PROVOCATION AND CAUSES SEVERE INJURY,
DAMAGE, OR DEATH TO A PERSON WHO, AT THE TIME, WAS COMMITTING A
WILLFUL TRESPASS OR OTHER TORT UPON THE PREMISES OCCUPIED BY THE
OWNER OF THE ANIMAL, OR WAS TEASING, TORMENTING, ABUSING, OR
ASSAULTING THE ANIMAL, WAS COMMITTING A CRIME OR ATTEMPTING TO
COMMIT A CRIME.

(2)  "DANGEROUS DOG" MEANS A DOG THAT:

(I)  WITHOUT PROVOCATION HAS KILLED OR INFLICTED
SEVERE INJURY ON A PERSON; OR

(II)  IS DETERMINED BY THE APPROPRIATE COUNTY OR
MUNICIPAL AUTHORITY UNDER SUBSECTION (C) OF THIS SECTION TO BE
POTENTIALLY DANGEROUS AND, SUBSEQUENT TO THIS DETERMINATION, THE
DOG ENGAGES IN 1 OR MORE OF THE BEHAVIORS LISTED UNDER SUBSECTION
(C) OF THIS SECTION.

(3)  "OWNER" MEANS ANY PERSON OR LEGAL ENTITY THAT:

(I) HAS A POSSESSORY PROPERTY RIGHT IN A
DANGEROUS DOG; OR DOG.

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