[Moderator's note: I'm very hesitant to start this topic again. It's
way past time for an update, but I also don't want to spoil any ongoing
work, nor would I like another flame war. Thus... the topic may be 
closed again with short (or no) notice. BIG]

Kim,

Why is Animal Control involved and not the local Humane Officer? Animal
control is just that, for controling animals, not breeders or abusers,
etc. The HO makes the call on whether or not animals should be removed,
if the humans are in violation, whether cages are properly maintained,
etc. Here's info on Maryland State Humane laws.

Here is the link and I also posted it in writing if Big can't post the
whole artical. I'm sending it in couple of parts.

Debi

 http://www.pgspca.org/content/index.php?pid=24

Cruelty/Abuse Prevention Program

As our name implies, one of our main objectives is the prevention of
cruelty to animals. We set the example for the community by abiding by
both state and local animal control laws and by treating animals above
the county's minimum standards. We try to educate the public to also
give care above the minimum standards.

We are authorized to enforce the Maryland State Code, Article 27,
"Cruelty to Animals," which states that it is unlawful for anyone to
deprive an animal of necessary sustenance, or to torture, cruelly beat,
mutilate or cruelly kill any animal. Also, the owner or custodian of an
animal may not inflict unnecessary suffering or pain upon the animal,
or fail to provide it with nutritious food in sufficient quantity,
necessary veterinary care, proper drink, air, space, shelter or
protection from the weather.

24-hour answering service for reports of cruelty or neglect
(301-262-5625, line #1). Depending on the season, SPCA/HS receives an
average of 35 cruelty/neglect complaints a month. Winter and summer are
the busiest cruelty seasons: dogs are chained without access to proper
shelter in the bitter cold or without access to shade in the blazing
heat. When pastures are bare in late winter and spring, horses are
starved for lack of grain and hay. Springtime is an unhappy time for
the animals and for us, because the pet population grows and grows.
Dogs and cats are allowed to breed and have litters, often being
abandoned or left to fend for themselves

Because we are all volunteers (most with full-time jobs), we work
cooperatively with the Prince George's County Animal Management
Division (AMD) and report most cruelty complaints to them. The County's
AMD handles these calls as appropriate, sending out their Animal
Control Officers if needed. In most of these cases, we follow up later
with the County's AMD, to make sure the situation has been resolved.
However, the Cruelty/Abuse Prevention Coordinator does occasionally
decide that we should intervene or handle a case ourselves. In such
instances, we dispatch our own representative to investigate or gather
additional information (e.g., pictures, addresses, statements, etc.).
Depending on the case specifics, the SPCA/HS representative will be
either a Humane Officer or a volunteer investigator. We discuss the
differences between these representatives in greater detail below.

The Role of SPCA/HS Humane Officers

We train our Humane Officers to look for violations of the state law
and take appropriate action. If a Humane Officer has reason to believe
that a cruelty exists, he/she may enter the yard where the animal is
confined and take care of the animal's needs. If there is strong
evidence that a cruelty exists inside a private dwelling, we must
obtain a search warrant to enter that dwelling.

Impoundment

If no remedy is available and it is necessary to remove the animal
to prevent neglect or cruelty, the Humane Officer may do so. (We can
remove farm animals or horses only upon the recommendation of a
veterinarian.) If the owner agrees to remedy the situation to the
satisfaction of the Officer, we may return the animal. However, if
the owner does not want to cooperate, we will impound the animal. We
must always notify the owner that he/she has the right to appeal the
impoundment in a civil action with the District Court. Most owners do
not go to court to try to get their animals back. However, when horses
or valuable pedigreed pets are impounded, the owner is more likely to
initiate court action.

Criminal Charges

In cases of serious neglect or deliberate mistreatment of an animal,
SPCA/HS may bring criminal charges against an owner. Cruelty is
punishable by a fine or jail time, or both, administered either per
animal or per count. However, we handle most cases in a more practical
manner.

Education and Assistance

Often the Humane Officer can educate and assist citizens to become
responsible pet owners. Providing information or assistance (with
spay/neuter, medical care, or food and shelter) can sometimes transform
a neglectful situation into a happy relationship between the owner and
the pet

Where the long-term safety and happiness of the animal is unlikely, we
may suggest the owner consider giving up the animal to SPCA/HS. If at
all possible, we try to find new homes for such animals, partnering
if necessary with other humane groups to assist in placement. Giving
an animal a new lease on life is rewarding. It is also necessary to
maintain the morale of the Humane Officer, who all too often must
have an animal euthanized to relieve its suffering and misery.

 http://www.pgspca.org/content/index.php?pid=26

Standards of Enforcement

Minimum standards for enforcement of anti-cruelty law (Adopted by
Prince George's County AMD and by SPCA/HS)

FOOD

Food shall be wholesome, palatable and free from contamination. Food
shall be of sufficient quantity and nutritive value to maintain all
animals in good health. The diet shall be prepared with consideration
for the age, species, condition, size and type of animal. Animals
shall be fed at least once a day except as dictated by hibernation,
veterinary advice or other professionally accepted practices for the
safety and well being of the animal. All food receptacles shall be kept
clean and sanitary. If more than one animal is fed at one time or in
one place, it shall be the responsibility of the owner/custodian to
ensure each animal receives enough.

DRINK

Proper drink shall mean clean, potable water available at all times.
Exceptions shall be determined by a veterinarian.

All water receptacles shall be kept clean and sanitary.

AIR

Holding areas shall be constructed to allow the free flow of fresh air.

SPACE

All animals must be able to stand to their full height, stretch out,
turn around, lie and make normal postural and social adjustments
comfortably and with adequate freedom of movement to maintain physical
condition. Unless animals are allowed to exercise freely twice a day
for periods of at least one hour, the square footage of the area of
confinement must equal the length of the animal multiplied by six (6).
The area must be of sufficient height to allow the animal to stretch to
its full height.

If an animal is confined by a chain or tether, the length of the chain
or tether shall be fifteen (15) feet, and shall be arranged so that it
cannot become entangled. The above space standards may not be
sufficient for certain animals. Inadequate space may be indicated by
evidence of poor physical condition and stress or abnormal behavior
patterns such as pacing or circling within the area of confinement.

LIGHT

All animals must have five (5) hours of light every day, except as
dictated by hibernation, veterinary advice or professionally accepted
practices for the safety and well being of the animal.

Lighting of primary enclosures shall be designed to protect the animals
from excessive illumination. The duration of illumination shall be
appropriate for the species involved.

INDOOR SHELTER

Facilities shall be sufficiently regulated by heating or cooling, if
necessary, to protect animals from extremes of temperature and to
provide for their health and comfort.

The ambient temperature shall not be allowed to fall below or rise
above temperatures compatible with the health and comfort of the
animal. Facilities shall be adequately ventilated by natural or
mechanical means to provide for the health of and to prevent the
discomfort of the animal at all times. Such facilities shall be
provided with fresh air either by means of windows, doors, vents,
fans or air conditioning and shall be ventilated so as to minimize
drafts, odors and moisture condensation.

OUTDOOR SHELTER (GENERAL)

All animals must have access to shade from the sun.

All animals kept outdoors must have access to a weatherproof shelter.
Between November 1 and March 30 and in inclement weather, the term
"weatherproof" shall mean a structure of no less than three sides, a
roof and floor, except for ungulates (hooved animals) whose shelter
may be floorless.

Structures shall be windproof and moisture proof. 

In cases where there is no artificial heat source, structures must be
small enough, if appropriate, to allow the animal to maintain its body
heat and to warm the interior of the structure.

Only shelters used by ungulates (hooved animals) may have metal roofs.
No other structures shall have any interior metal surfaces.

DOGS

The shelter for a dog shall have a solid floor raised at least two (2)
inches from the ground. The entrance shall be covered by a flexible,
windproof material or a self-closing door. Between November 1 and March
30, bedding such as cedar chips, hay or straw shall be provided for
insulation against the cold and damp. Bedding must be kept dry.

CATS

Cats maintained outside must be confined on their owner's property
and provided with proper food, water, and shelter. (SPCA/HS supports
the county cat leash law. A supervised animal ensures conscientious
neighbors and responsible owners, which reduces the incidence for
abuse.)

UNGULATES (HOOVED ANIMALS)

The shelter for ungulates shall face away from prevailing winds.

VETERINARY CARE -- EMERGENCY TREATMENT 

An animal shall be afforded immediate veterinary care if it
is known or suspected to have suffered an accident or has been struck
by a vehicle, person or heavy object with force or frequency sufficient
to cause internal or external injury, and exhibits signs of such injury
such as vomiting, diarrhea, shock, temperature fluctuation, tremors,
swelling, broken bones, open wounds, inability to eat, blistering,
irregular or abnormal breathing, partial or total paralysis, irrational
behavior, orificial discharge or bleeding, or other such sign. 

Animals exhibiting symptoms of bloat shall receive immediate veterinary
care

VETERINARY CARE -- TREATMENT WITHIN FORTY-EIGHT HOURS

An animal shall be afforded veterinary care if it has exhibited any
sign of illness, severe parasitic infestation or disease such as
infection, orificial bleeding or discharge, failure to void, loss of
appetite, moaning, weight loss, abnormal skin condition or hair loss,
tremors, temperature fluctuation, crying, vomiting, diarrhea or any
other such sign over a period of forty-eight hours or more.

VETERINARY CARE -- INCIDENTAL

If an animal has an abnormal growth of a size or weight or in such a
position as to impede the animal in any way, such condition shall be
brought to the attention of a veterinarian

SANITATION

Both indoor and outdoor enclosures shall receive cleanings as necessary
to remove excreta, dirt and debris so as to minimize disease hazards,
odor and danger to the animal.

GROOMING

Animals with coats requiring grooming to prevent severe matting, filth
accumulation and/or skin diseases shall be groomed in accord with
normal and accepted grooming practices.

ANIMALS ON BALCONIES

Dogs and cats are not allowed to be maintained on a balcony or to be
on a balcony unless accompanied by a human adult.

[Posted in FML 5692]