Thinking about welcoming a raccoon into your Maryland home as a pet? Raccoons, with their masked faces and intelligent eyes, might seem like fascinating companions. However, before you envision a furry friend rummaging through your house, it’s crucial to understand Maryland’s laws regarding exotic animal ownership, especially raccoons. This article delves into the legal landscape in Maryland to answer the question: Can you legally have a pet raccoon in Maryland?
Maryland Law on Dangerous Animals: What You Need to Know
Maryland has specific regulations in place concerning the possession, breeding, and importation of certain animals deemed potentially dangerous. These laws are codified under MD HEALTH GEN § 18-217 – 222 (Part IV. Animal Control). The core principle behind these regulations is to ensure public health and safety by strictly controlling animals that could pose risks to humans.
Raccoons Specifically Listed as Prohibited
Within these regulations, § 10-621 explicitly addresses the import, offer, or transfer of dangerous animals. Critically, subsection (b)(1)(i) of this section clearly lists raccoon among the animals that are prohibited to be imported into the state, offered for sale, traded, bartered, possessed, bred, or exchanged live. This law directly answers our question: generally, no, you cannot legally have a pet raccoon in Maryland.
Broad Prohibitions and Restrictions
The law isn’t ambiguous. It broadly prohibits the possession of raccoons as pets in Maryland. This means that unless you fall under very specific exceptions, owning a raccoon is against the law. The statute aims to prevent private individuals from keeping animals that are considered wild, potentially dangerous, and require specialized care that most 일반 households cannot provide.
Exceptions to the Rule: When Can You Possess a Raccoon?
While the law strongly discourages raccoon ownership, it does outline certain exceptions under subsection (a)(1) of § 10-621. These exceptions are narrowly defined and primarily apply to institutions or professionals rather than private pet owners. Let’s examine these exceptions in detail:
- Research Facilities: Licensed research facilities or federal research facilities operating under the federal Animal Welfare Act are exempt. This exception recognizes the necessity of using animals like raccoons in controlled research environments for scientific and medical advancements.
- Class C Exhibitors: Holders of a Class C Exhibitor’s License under the Animal Welfare Act who display animals, including raccoons, in public settings as their primary function are also exempt. This typically refers to zoos, educational exhibits, or similar organizations where the public can view raccoons in a controlled and safe manner.
- Department of Natural Resources License/Permit Holders: Individuals possessing a valid license or permit issued by the Maryland Department of Natural Resources to import, sell, trade, barter, possess, breed, or exchange raccoons are permitted. However, these permits are not typically issued for private pet ownership but rather for specific purposes like wildlife rehabilitation or scientific study, and are subject to stringent requirements.
- Animal Sanctuaries: Legitimate animal sanctuaries that meet specific criteria are exempt. These sanctuaries must be non-profit organizations, operate as refuges for abused, neglected, or displaced wildlife, abstain from commercial activities involving the animals, and only engage in breeding as part of a species survival plan approved by the American Zoo and Aquarium Association. Private individuals cannot simply declare their home a “sanctuary” to circumvent the law.
- Animal Control Officers, Law Enforcement, and Private Contractors: Animal control officers, law enforcement officers acting under their official duties, and private contractors responsible for animal control operations are exempt when dealing with raccoons in their professional capacity. This ensures that authorities can handle and manage raccoons as needed for public safety.
- Veterinarians: Licensed veterinarians treating raccoons in accordance with standard veterinary practices are exempt. This is essential for providing medical care to raccoons when necessary.
- Non-Residents in Transit: Individuals who are not Maryland residents and are only passing through the state for 10 days or less while traveling between locations outside of Maryland are exempt. This exception accommodates those transporting animals legally elsewhere but briefly passing through Maryland.
- Circuses with Class C Exhibitor’s License: Circuses holding a Class C Exhibitor’s License under the Animal Welfare Act are exempt under specific conditions, including being in the state for less than 90 days per year, regularly conducting animal performances, and maintaining sufficient distance and barriers between the public and the animals.
It’s crucial to note that these exceptions are not designed to facilitate private raccoon ownership. They are intended for specific organizations and professionals who have the expertise, facilities, and legal authorization to handle animals like raccoons responsibly.
Pre-Existing Pets: The Grandfather Clause
There is a limited exception for individuals who lawfully possessed a raccoon on or before May 31, 2006. Subsection (a)(2) states that these individuals could continue to possess their raccoon if they provided written notification to the local animal control authority on or before August 1, 2006. This notification required detailed information about the owner and the animal, including photographs or identifying marks. This “grandfather clause” is no longer applicable as the notification deadline has long passed. It is important to understand that this clause does not allow anyone to currently acquire and keep a raccoon as a pet based on past ownership by someone else.
Service Animals: A Specific Case
Subsection (a)(3) addresses a very specific scenario: individuals with severe mobility-limiting disabilities. It allows for the possession of a raccoon if the animal is:
- Trained to perform tasks for the owner by a recognized organization (described in Section 501(c) of the Internal Revenue Code).
- Dedicated to improving the quality of life of a person with a severe mobility-limiting disability.
This exception is extremely narrow and would require extensive documentation and proof that the raccoon is indeed a trained service animal assisting with mobility limitations, obtained from a recognized organization. It is highly unlikely for a raccoon to qualify as a service animal under these strict conditions, especially considering their inherent wild nature and unpredictable behavior in domestic settings.
Penalties for Illegal Raccoon Possession
Maryland law takes violations of § 10-621 seriously. Subsection (c)(1) outlines the penalties:
- Misdemeanor Charge: Violating this section is classified as a misdemeanor.
- Fines: Individuals convicted of illegal raccoon possession can face fines not exceeding $1,000. For entities that are not individuals (like corporations or organizations), the fine can be up to $10,000.
- Animal Seizure: Subsection (d)(1) allows for the immediate seizure of a raccoon if there is probable cause to believe its possession violates the law or if the animal poses a risk to public health or safety. This means animal control or law enforcement can confiscate a raccoon being kept illegally.
Furthermore, subsection (d)(7) states that unless a court determines the seizure was unjustified, the person from whom the raccoon was seized is liable for all costs associated with the care, keeping, and disposal of the animal. This can include significant expenses for housing, feeding, and potentially euthanizing the raccoon if long-term placement cannot be found.
Local Laws and Regulations May Be Stricter
It’s important to remember that Maryland state law sets a baseline. Subsection (e) explicitly states that counties and municipalities are not limited from enacting laws or adopting regulations that are more restrictive regarding potentially dangerous animals, including raccoons. This means that even if state law were to be interpreted leniently (which it is not in the case of raccoons), your local county or city might have even stricter ordinances in place that completely prohibit raccoon ownership without any exceptions. Therefore, it is crucial to always check with your local animal control authority to understand the specific regulations in your area.
Conclusion: Raccoon Ownership is Highly Restricted in Maryland
In conclusion, based on Maryland state law MD HEALTH GEN § 18-217 – 222, and specifically § 10-621, it is illegal to keep a raccoon as a pet in Maryland for the vast majority of private individuals. Raccoons are explicitly listed as prohibited animals, and the exceptions to this rule are very narrowly defined and primarily apply to institutions, licensed professionals, or very specific, documented service animal cases.
The penalties for violating this law are significant, including fines and the seizure of the animal, with the owner potentially liable for the costs of care and disposal. Moreover, local jurisdictions may have even stricter regulations.
If you are considering owning a pet in Maryland, it is essential to research and understand the legal implications. For raccoons, the message from Maryland law is clear: they are wild animals, and their possession as pets is generally prohibited to ensure public health and safety. It is always advisable to choose a domestic animal that is legal and suitable for residential environments and to support wildlife by respecting their wild nature and habitats.
