§ 4-5. Reporting attacks; control and confinement.

(a)

Time for reporting attacks. An owner of an animal must notify the Town of Cheverly police within one hour of being made aware that his/her animal has attacked another animal or has attacked a human being. Whenever the animal complained against shall be reasonably deemed to be a hazard to the public health, welfare, or safety, the officer shall be authorized and empowered to impound the animal if he/she reasonably believes that the owner of the animal is not capable of restraining the animal from attacking, biting or injuring any human being or other animal.

(b)

Exceptions.

(1)

Notwithstanding the enumerated criteria in paragraph 4-2(j) above, no animal may be declared fierce, dangerous, or vicious for inflicting injury or damage to a person who is on the premises of the owner without the permission of the owner or who is committing any tort upon the premises occupied by the owner of the animal, or who is teasing, tormenting, abusing or assaulting the animal, or committing or attempting to commit a crime.

(2)

No animal may be declared fierce, dangerous, or vicious for inflicting injury or damage on a domestic animal that was teasing, tormenting, abusing or assaulting the animal.

(3)

No animal may be declared fierce, dangerous, or vicious for taking action to defend or protect a human being within the immediate vicinity of the animal from an unjustified attack or assault.

(c)

Lack of valid license. If an animal is determined to be a public nuisance solely for not having a valid license in accordance with paragraph 4-2(n)(2) above, that determination shall be repealed upon compliance with the ordinances and regulations of Prince George's County.

(Ord. No. 3-88, 7-14-88)