[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]