[HISTORY: Adopted 10-14-2020 by Ord. No. 20-09. Amendments noted where
applicable.]
[Amended 5-10-2021 by Ord. No. 21-04]
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.
Service animals are exempt from any provision of this title that prohibits
dogs on public property.
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them in this section.
Includes municipal police officer.
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.
Any person who has possession, custody, or control of an
animal.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
No person may be a responsible party for more than three dogs at
any time while in a Town park.
E.Â
Dogs must be on a leash at all times when on public ways or sidewalks.
I.Â
Fort Foster.
[Added 5-10-2021 by Ord.
No. 21-04]
(1)Â
Dogs are prohibited on Pier South Beach, as
designated by signs, on weekends in May and September, and every day
from Memorial Day to Labor Day, inclusive.
(2)Â
Dogs must be on leash 10:00 a.m. to park closing
on weekends in May and September, and every day from Memorial Day
to Labor Day, inclusive.
(3)Â
Dogs must be on leash 10:00 a.m. to 3:00 p.m.
from the day after Labor Day of one year to the day before Memorial
Day of the next year.
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.Â
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.
B.Â
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.
C.Â
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.
A.Â
Dogs may not be tethered for periods of time exceeding 24 consecutive
hours, unless otherwise permitted by state law.
B.Â
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.
A.Â
No person may feed or shelter a feral cat or feral cat colony.
B.Â
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).
A.Â
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.
B.Â
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.
