[Adopted at referendum 3-8-2002]
No person shall own, keep or harbor any dog which, by loud, frequent
or habitual barking, howling or yelping, shall disturb the peace of any person
or persons for more than a period of 30 consecutive minutes between the hours
of 6:00 a.m. to 10:00 p.m. Between the hours of 10:00 p.m. and 6:00 a.m.,
no person shall own, keep or harbor any dog which, by loud, frequent or habitual
barking, howling or yelping, shall disturb the peace between the hours of
10:00 p.m. and 6:00 a.m. for more than 15 consecutive minutes to be in violation
of this article.
All fines shall be payable to the Town of Shapleigh through District
Court.
The Animal Control Officer shall also be empowered to enforce all provisions
of the Maine Revised Statutes Annotated Title 7, Chapters 719, 721, 723, 725.
No person shall engage in the regular practice of feeding or baiting
any migratory or nonmigratory waterfowl of fowl in or upon the water within
the Shoreland zoned area in Shapleigh as identified on the Tax Maps of Shapleigh,
in any manner that increases the public health risks identified in 4-75(b).
This Article is not intended to prohibited the raising of domestic waterfowl
as allowed by any other ordinance(s), except that domestic waterfowl must
be securely contained or penned in an enclosure in an area so as to prevent
fecal matter from the waterfowl entering into lakes, ponds, and streams in
the Town of Shapleigh.
The following definitions shall apply unless the context clearly indicates
another meaning:
FEEDING and BAITING
The placing, exposing, depositing, distributing or scattering, directly
or indirectly, of shelled corn, shucked or unshucked, wheat or other grains,
breads, salt or any other feed or nutritive substances, in any manner or form,
so as to lure, attract or entice fowl to, on or over any such areas where
such feed items and/or materials have been placed, exposed, deposited, distributed
or scattered.
WATERFOWL and FOWL
Any waterfowl of the family Anatidae (ducks and geese) either migratory,
nonmigratory or resident fowl.
This article may be enforced by an Animal Control Officer, Code Enforcement
Officer, Health Officer and/or his/her designee in the Town of Shapleigh.
Whoever violates any provisions of this article shall be fined $100
for each offense, to be recovered, on complaint, to the use of the Town of
Shapleigh. Each day in which a violation is proved shall constitute a separate
and new offense under this section. If the Town is the prevailing party in
any action brought to enforce this article, the Town must be awarded reasonable
attorney's fees, expert witness fees and costs. Civil process of the
complaint may be waived by payment of the Town of Shapleigh of the fine within
seven days of the date of complaint.