Maryland Recreational Use Statute
Annotated Code of Maryland - Natural Resources
Title 5. Forests and Parks
Subtitle 11. Public Recreation on Private Land
and Land Owned by Local Governments
Liability immunity to landowner applies if
the activity is for:
(1) Educational purposes, AND/OR;
(2) Recreational purposes, AND
(3) NO COLLECTION of money is made
MD Ann. Code, Agriculture
Title 3. Regulation of Livestock and Poultry
Subtitle 3 - Regulation of Livestock Sales
§ 3-301. Definitions
(b) Livestock. -- "Livestock" means cattle, swine, sheep, horses, asses, mules, or goats notwithstanding any other provision of this article.
LAWS & REGULATIONS
Maryland Horse Industry Board, Department of Agriculture
If you are a stable who solicits the general public, and have ONE or more horses - and either give lessons, board horses, or have a rental service or are a rescue or sanctuary stable, you are required by the State of Maryland to obtain and maintain licensing through the Maryland Horse Industry Board. Licensing is conditioned on periodic inspections by the Maryland Horse Industry Board and failure to comply may result in civil fines and penalties.
Pursuant to State Law and regulations promulgated in 2013, license renewal applications and fees are due on or before July 1 of each year. The stable license is valid for one year and must be renewed annually. The one-year licensing period runs from July 1 through June 30 of the following year.
(Authority: Agriculture Article, §§2-707, and 2-711, and 2-712, Annotated Code of Maryland)
Maryland Statutory Lien on Livestock
MD Ann. Code, Commercial Law
Title 16. Statutory Liens on Personal Property
Subtitle 4 - Lien on Livestock
§ 16-401. Care or Custody
(a) The owner or operator of a livery stable or other establishment who gives care or custody to any livestock has a lien on the livestock for any reasonable charge incurred for:
(1) Board and custody;
(3) Veterinarians’ and blacksmiths’ services; and
(4) Other proper maintenance expenses.
(b) If the charges which give rise to the lien are due and unpaid for 30 days and the lienor is in possession of the livestock, the lienor may sell the livestock to which the lien attaches at public sale.
(c) (1) The lienor shall publish notice of the sale once a week for two successive weeks in one or more newspapers of general circulation in the county where the livestock is located.
(2) In addition, the lienor shall send notice by registered or certified mail at least 30 days before the sale to the owner of the livestock at his last known address. If the owner’s address is unknown, the notice may be given by posting it on the door of the courthouse or on a bulletin board in the immediate vicinity of the door of the courthouse of the county where the livestock is located.
(d) (1) The proceeds of the sale shall be applied, in the following order, to:
(i) the expenses of the sale; and
(ii) the amount of the lien claim.
(2) After application of the proceeds in accordance with paragraph (1) of this subsection, any remaining balance shall be paid to the owner of the livestock.
LATE PAYMENT FINE & PENALTY SYSTEM:
Pursuant to State law and regulations promulgated in 2013, license renewal applications and fees are due on or before July 1 of each year. Stable licenses are valid from July 1 through June 30 and renewal is required. Late payments will incur an additional fee.
A Legal Guide to Horse Ownership & Activities
Crimes Relating to Horses
Annotated Code of Maryland
Title 10, Subtitle 6
(applicable sections relevant to horses)
§ 10-604. Abuse or neglect of animal.
§ 10-606. Aggravated cruelty to animals
§ 10-612. Abandoning domestic animal
§ 10-620. Interference with race horse
IF one is found to have “contributed” (or played a part) in any manner causing their own injury, the individual cannot hold another financially or legally responsible EXCEPT in cases of “gross negligence," or "last clear chance" doctrine applies.
ANY contribution of negligence = ZERO recovery
Comparative (most other States)
(1)Formula: Percentage of contribution of negligence = Percentage of recovery
(2)Formula: Must fall within a percentile range to collect at all
(1) Common-law or “general” negligence
- failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation
(2) Gross negligence
- A conscious, voluntary act or an omission in reckless disregard of a legal duty
(3) "Last Clear Chance" Doctrine
- “The rule that a plaintiff [one who has been injured] who was contributorily negligent may nonetheless recover from the defendant [one who caused the harm or injury] IF the defendant had the last opportunity to prevent the harm but failed to use reasonable care to do so (in other words, if the defendant’s negligence is later in time than the plaintiff’s).” [Black's Law Dictionary, 8th Edition]
STATE REGULATORY AGENCIES
Specific to Equine Activities
Dept. of Agriculture
Dept. of Labor, Licensing & Regulation
Dept. of Transportation
Dept. of Health and Mental Hygiene
(For facilities offering youth camps with horseback riding)
Workers Compensation Commission
FEDERAL REGULATORY AGENCIES
Specific to Equine Activities
United States Department of Agriculture
United States Department of the Interior
United States Department of Commerce
United States Department of Labor