[HISTORY: Adopted 10-14-2020 by Ord. No. 20-09. Amendments noted where applicable.]
In the event of any conflict in the provisions of this article with the provisions of any present or future statute relating thereto, the most restrictive or that imposing the higher standards governs.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section.
- ANIMAL CONTROL OFFICER
- Includes municipal police officer.
- AT LARGE
- Off the premises of the owner, unless:
- A cord or chain not more than 10 feet in length.
- Any person keeping or harboring a dog or other animal.
- Any animal domesticated to serve as a companion, excluding service dogs.
- RESPONSIBLE PARTY
- Any person who has possession, custody, or control of an animal.
- VOICE CONTROL
- An animal under control of the responsible party by voice command such that the animal returns immediately to the responsible party upon calling, and remains by their side.
No dog may be kept within the Town unless licensed by its owners in accordance with applicable state statutes of the owners' resident state. Proof of current dog license must be provided to the animal control officer upon request.
No pet is allowed to be at large, as defined above, on any public property, or on private property without the consent of the property owner. This section does not prohibit the owner from using a dog for hunting, where hunting is permitted, provided the dog is under the voice control of its owner.
No dog is allowed to have contact with any person, or animal under control of a person, other than the owner or responsible party unless such person has communicated to the owner or responsible party, by word or gesture, their consent to be approached by the dog.
Owners must immediately collect and properly dispose of or secure feces left by their pet(s) on any improved portion of public ways or sidewalks, and in public parks. Owners or responsible parties must maintain possession of their pet's feces while on public property.
No person may be a responsible party for more than three dogs at any time while in a Town park.
Dogs must be on a leash at all times when on public ways or sidewalks.
The owner of an animal not confined on private property or not in a vehicle may not permit that animal to menace or bite any person.
For the purpose of discharging the duties imposed by this chapter and to enforce the provisions of this chapter, the animal control officer is empowered, with the consent of the owner or occupant thereof, to enter upon any premises on which an animal is kept or harbored, and to demand the exhibition by the owner of the license if the animal is a dog.
No person may interfere with, hinder or molest the animal control officer in the performance of the officer's duty or seek to release any pet in the custody of the animal control authority, except as provided in this chapter.
It is the duty of the animal control officer to keep, or cause to be kept, an accurate and detailed record of the licensing, impoundment and disposition of all animals coming into the officer's custody.
Unlicensed dogs, wherever found, or dogs and other pets found running at large may be taken by the animal control officer and impounded in an animal shelter. Such animal may be confined for a period of not fewer than 10 days unless earlier reclaimed under the provisions of § 6.1.11.
Any pet impounded in accordance with this chapter may be reclaimed upon payment of the total fees for board. This fee is paid to the keeper of the animal.
A pet owner may reclaim an impounded pet upon compliance with licensing as applicable, upon payment of assessed fines and the boarding fees set forth in § 6.1.10. Any pet impounded under the provisions of this chapter and not claimed by the owner within the ten-day period is considered abandoned by the owner and the property of the animal shelter. The animal may be given, after consultation with the Humane Society and/or the Animal Refuge League, to the Humane Society or the Animal Refuge League, any no kill shelter, or to any person deemed to be responsible and a suitable owner, who will agree to comply with the provisions of this chapter or humanely destroy the animal.
Where the ownership of an impounded pet is known, or can be reasonably ascertained by the animal control officer, such officer shall, if possible, notify the owner within three days of such impoundment, but failure to give such notice does not impose any liability upon the Town for the destruction or transfer to another of any pet so impounded and not reclaimed within the required period.
Where the ownership of an impounded pet cannot be reasonably ascertained, the animal control officer shall post in the Town Hall, on the Town website, and at the Kittery Community Center, for seven days, a notice giving a description of the pet, where it was impounded, and how it may be recovered.
Whenever any dog bites a person, the owner of such dog must immediately notify the animal control officer, who may order the dog held on the owner's premises or have it impounded for a period of two weeks. The dog must be examined immediately after it has bitten any person and again at the end of the two-week period. If at the end of the two weeks a veterinarian is convinced that the dog is then free from rabies, the dog is released from quarantine or from the pound, as the case may be. If the dog dies within the period, the State Department of Health must be notified to perform a rabies examination.
No owner or responsible party may keep or maintain a pet which creates a nuisance by continued or repeated barking, howling, yelping, or making of other loud or unusual noises for a half hour or intermittently for two hours, and can be heard at or beyond the boundary of the property on which the pet is located.
Dogs may not be tethered for periods of time exceeding 24 consecutive hours, unless otherwise permitted by state law.
Dogs may not be tethered outside without proper shelter in temperatures 32° F. or lower, or 95° F. or greater, for more than 30 minutes, unless otherwise permitted by state law.
No person may feed or shelter a feral cat or feral cat colony.
A person found providing food or shelter for a feral cat will be deemed the responsible party of that cat and/or that cat's colony. The responsible party for feral cats and cat colonies will be required to trap and spay or neuter the cat(s).
Any violation of this chapter will be assessed a penalty of $50, except violations of § 6.1.13, Disturbing the peace, will be assessed a penalty of $50 for the first offense, $100 for the second offense, and $200 for each offense thereafter.
Repeat offenders and/or those who fail to pay fines in accordance with this Title may be issued a no trespass order for Town parks for one year.
No later than one year from the date of enacting amendments, the Kittery Town Council will receive a report from the Town Manager on the status of compliance with the chapter, to determine if additional amendments are necessary.