1. (a)

   1. (1) In this section the following words have the meanings indicated.

   2. (2) “Dangerous dog” means a dog that:

      1. (i) without provocation has killed or inflicted severe injury on a person; or

      2. (ii) is determined by the appropriate unit of a county or municipal corporation under subsection (c) of this section to be a potentially dangerous dog and, after the determination is made:

         1. 1. bites a person;
         2. 2. when not on its owner's real property, kills or inflicts severe injury on a domestic animal; or
         3. 3. attacks without provocation.

   3. (3)

      1. (i) “Owner's real property” means real property owned or leased by the owner of a dog.
      2. (ii) “Owner's real property” does not include a public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
   4. (4) “Severe injury” means a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
2. (b) This section does not apply to a dog owned by and working for a governmental or law enforcement unit.

3. (c) An appropriate unit of a county or municipal corporation may determine that a dog is potentially dangerous if the unit:

   1. (1) finds that the dog:

      1. (i) has inflicted a bite on a person while on public or private real property;
      2. (ii) when not on its owner's real property, has killed or inflicted severe injury on a domestic animal; or
      3. (iii) has attacked without provocation; and
   2. (2) notifies the dog owner in writing of the reasons for this determination.

4. (d) A dog owner may not:

   1. (1) leave a dangerous dog unattended on the owner's real property unless the dog is:

      1. (i) confined indoors;
      2. (ii) in a securely enclosed and locked pen; or
      3. (iii) in another structure designed to restrain the dog; or
   2. (2) allow a dangerous dog to leave the owner's real property unless the dog is leashed and muzzled, or is otherwise securely restrained and muzzled.

5. (e) An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog to another shall notify in writing:

   1. (1) the authority that made the determination under subsection (c) of this section, of the name and address of the new owner of the dog; and
   2. (2) the person taking possession of the dog, of the dangerous behavior or potentially dangerous behavior of the dog.
6. (f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

Formerly Art. 27, § 70E.