[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 11-20-1978 by Ord. No. 78-2. Amendments noted where applicable.]

§ 43-1. Definitions.

For the purposes of this chapter, the terms used herein are defined as follows:

ANIMAL CONTROL AUTHORITY — Any officer or agency, public or private, designated by the County Commissioners of Worcester County and/or the Mayor and Council of Berlin as having the responsibility for the administration of any or all provisions of this chapter.

AT LARGE — A dog shall be deemed to be "at large" if off the premises of its owner and not under the immediate control of a person. No dog running "at large" by accident with a person in pursuit thereof shall be deemed as running "at large" within this definition.

OWNER — Any person having a right of property in a dog or any person who keeps or harbors a dog or has it in his care or permits it to remain on or about the premises occupied by or controlled by him.

PUBLIC NUISANCE — That action or combination of actions which serves to disturb, annoy, endanger or offend the public in general and is unreasonable, unwarranted or unlawful and which interferes with the enjoyment of life and property. For the purpose of this chapter, by way of explanation, without limitation, the following types of actions may constitute public nuisances: chasing of automobiles, other motor vehicles, mopeds or bicycles; destruction of flora or fauna, be it flower beds, livestock or other; running in packs; barking excessively; biting, clawing or otherwise injuring persons; or any other type of activity which is found to be dangerous, annoying or disturbing to persons or property.

§ 43-2. Running at large restricted.

1. No owner of a dog, whether such dog is licensed or unlicensed, shall permit such dog to run at large off the premises of the owner in the Town of Berlin except when it is under the control of the owner or an authorized agent of the owner, nor shall such owner allow a dog to engage in the actions which constitute a public nuisance as herein defined.
2. A dog shall be deemed to be running at large if, off the premises of the owner, the dog is not restrained by a leash, no longer than eight feet, which is held by the owner or master or the dog is not under the immediate control of its owner or master. [Added 2-14-1994 by Ord. No. 1994-1]

§ 43-3. Registration.

All dogs kept, harbored or maintained by their owners in the Town of Berlin shall be registered in accordance with the Worcester County Dog Ordinance if over four months of age. Such registration is required for the purpose of this chapter to identify the dogs so kept, harbored or maintained in the Town, and said registration is required under this chapter regardless of whether or not such registration would be required under the provisions of the Worcester County Dog Ordinance. The provisions of this section shall not be intended to apply to dogs whose owners are visiting temporarily within the Town, or to dogs brought into the Town for the purpose of participating in any dog show, or to Seeing Eye dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.

§ 43-4. Tag and collar required.

When the dog is registered in accordance with the provisions of § 43-3, every owner shall be required to provide his dog or dogs with a collar to which the registration tag shall be affixed, and said owner shall have the responsibility to see to it that the collar and tag are constantly worn.

§ 43-5. Complaints. [Amended 2-14-1994 by Ord. No. 1994-1]

Any person desiring to make a complaint by virtue of any violation of the terms of this chapter shall notify the Berlin Police Department of said complaint. The complainant shall state the owner of the dog, when known, or the household or property address, when known, from which the dog originated. Complainants will be provided with the proper form by the Police Department in order to make the complaint in writing following the Department’s initial response to the location of the violation.

§ 43-6. Procedures. [Added 2-14-1994 by Ord. No. 1994-1]

1. Upon receipt of a complaint regarding a dog at large, the Police Department will provide the complainant with a live animal trap at no charge to the complainant, or, if the complainant is unable to handle and set up the trap, the Police Department or its designee will set the trap in the most likely location to catch the animal.
2. If a dog is trapped and found to be in violation of this chapter, the Berlin Police Department or its designee shall impound the dog. If the owner can be identified, the Police Department or its designee shall cite the owner with a violation of this chapter. The owner may claim the animal from the Department or its designee before 4:00 p.m. on the same day that the animal is impounded.
3. If the animal is not collected before 4:00 p.m. on the day of impoundment the animal will be transported to the Worcester County Animal control facility by the end of the business day. The owner’s right to claim the animal will be subject to the county’s rules and regulations upon delivery of the animal to the county facility.
4. When transport of the animal on the same day of impoundment is not possible, the owner shall be assessed an additional service charge for each twenty-four-hour period, or portion thereof, that the dog has been boarded by the Town of Berlin. Such service charge shall be set from time to time by the Mayor and Council.
5. Service charges shall be due and payable to the Mayor and Council regardless of any charges assessed by Worcester County Animal Control in the course of its enforcement of county regulations and services provided.

§ 43-7. Violations and penalties. [Amended 2-14-1994 by Ord. No. 1994-11 ]

Any person violating any provisions of this chapter shall come within the term defined as a municipal infraction and shall be governed by the provisions of said Municipal Infraction Ordinance as established in the Code of the Town of Berlin,2 and any person found to have committed said municipal infraction shall be subject to a fine of $75 for the first offense and $100 for each subsequent offense.

§ 43-8. Statement of intent.

The Mayor and Council of the Town of Berlin hereby states that this chapter shall be construed in addition to, and not in lieu of, any other ordinance, statute or regulation in Worcester County or the State of Maryland regarding the obligations of the dog owners in said jurisdictions.

1. Editor’s Note: This ordinance also provided that former § 43-7, Statement of intent, be renumbered as § 43-8.

2. Editor’s Note: See Ch. 11, Infractions, Municipal.