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Session Laws, 1994
Volume 773, Page 2937   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                         Ch. 661

(b)     (1) When the report of the proceedings has been filed, the county
commissioners of the county shall review the report, and if in their judgment the amount
of damages stated is unfair, they shall award an amount as they may deem fair.

(2) If the owner of the dog or dogs cannot be determined, the award shall be
paid out of the dog license fund according to the procedures set out in § 11-507 of this
subtitle.

(3)] THE GOVERNING BODY OF A COUNTY MAY PROVIDE BY LOCAL LAW
OR ORDINANCE FOR THE COMPENSATION OF ANY PERSON WHOSE SHEEP, POULTRY,
OR LIVESTOCK IS DESTROYED OR INJURED BY A DOG.

(2) A LOCAL LAW OR ORDINANCE ENACTED UNDER THIS SECTION MAY
REQUIRE THE SHERIFF OF THE COUNTY, A COUNTY OFFICIAL, OR OTHER PERSON
TO APPRAISE THE DAMAGES SUSTAINED BY THE PERSON AND REPORT THE
FINDINGS TO THE COUNTY GOVERNING BODY.

(B) (1) IF THE OWNER OF THE DOG MAY NOT BE DETERMINED, THE
COUNTY GOVERNING BODY MAY COMPENSATE THE PERSON IN ACCORDANCE WITH
THE APPRAISAL OUT OF A DOG LICENSE FUND ESTABLISHED UNDER § 11-507 OF THIS
SUBTITLE OR OUT OF THE GENERAL FUND OF THE COUNTY.

(2)      [The] A sworn report of the [appraisers or] appraiser shall be deemed
prima facie evidence of the fairness of the award of damages in each instance.

(3)     IF THE COUNTY GOVERNING BODY CONSIDERS THE AMOUNT OF
THE APPRAISAL UNFAIR, THE COUNTY GOVERNING BODY MAY COMPENSATE THE
PERSON AN AMOUNT THAT THE COUNTY GOVERNING BODY CONSIDERS FAIR.

[(4) The county commissioners shall not change an award unless they have
personal knowledge of its unfairness, or shall receive competent testimony to the effect
that the award is in excess of a fair commercial valuation of the sheep, poultry or livestock
injured or destroyed by dogs.]

(c)     If the owner of the dog [or dogs] doing the damage be known, it is the duty
of the county [commissioners] GOVERNING BODY to notify the owner [or owners] to
kill the dog [or dogs] immediately. If the owner [or owners refuse or neglect] REFUSES
OR NEGLECTS to kill the dog [or dogs] upon notice [as aforesaid], the owner [or
owners] shall be liable for the damages to the same extent as [he] THE OWNER would
be liable in case of negligence or malicious destruction of property. The county
[commissioners] GOVERNING BODY may [in their discretion] have special officers kill
the dog [or dogs].

(d)     [In Howard and Montgomery Counties, the county council shall prescribe by
law the manner in which the powers, duties and responsibilities placed within its
jurisdiction and control by this section shall be exercised.

(e)     In Washington County, the Board of County Commissioners shall prescribe by
ordinance or resolution the manner in which the powers, duties, and responsibilities
placed within its jurisdiction and control by this section shall be exercised.

- 2937 -

 

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Session Laws, 1994
Volume 773, Page 2937   View pdf image
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