[Code 1975, §§ 5-21 through 5-32 and 5-35;
amended in its entirety 4-16-2019 by Ord. No. 2019.27]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Off the premises of the owner, and not under the control
of the owner or a member of his immediate family either by leash,
cord, chain or otherwise.
Both male and female canines.
One pack or collection of dogs kept under one ownership in
a single premises for breeding, hunting, show, training, field trials
and exhibition purposes.
Any person owning, keeping or harboring a dog.
Dog license, record and tag requirements shall be as prescribed
and required by 7 M.R.S.A. § 3942 et seq.
An unlicensed dog, or a dog whose owner is unknown, which is
found to be running at large shall be taken up and impounded at the
animal shelter designated by the City and confined therein in a humane
manner for a period of not less than eight days, and may thereafter
be disposed of in a humane manner if it remains unclaimed by its owner.
The owner is entitled to resume possession of any impounded dog upon compliance with the licensing provisions set forth in the state statutes and upon payment of impoundment fees as set forth in Sections 10-3(c).
When dogs are found to be running at large and their ownership
is known, such dogs need not be impounded, but the City through its
duly authorized agents may, at its discretion, cite the owners of
such dogs for violating the provisions of this article.
Dogs on a public way or place shall be under restraint. For
a dog to be "under restraint" as required in this section, it must
be controlled by a leash, which shall not be more than eight feet
in length, on or within a vehicle being driven or parked on the streets,
or within the property limits of its owner or keeper, or in specially
designated "off leash" areas.
Off-leash areas: All dogs must be within 50 feet of owner or
keeper and be under voice control. "Voice control" is defined as being
able to immediately call the dog back with one call.
Off-leash areas within the City include:
(1)
Rotary
Park: The river bank along the boat launch side of the park. This
shall be defined as the area bordered by and including the boat launch,
up the river bank to where the access road and the river split. The
"river bank," for this purpose, is defined as up to but not including
the dirt road in the park. Dogs may not use any part of the Rotary
Park beach between the hours of 9:00 a.m. and 8:00 p.m. from May 25
to September 15 of each year.
(2)
Clifford
Park: Dogs may be off leash and under voice command on designated
trails in the wooded section of the park. This section is defined
as the wooded area of the public park and 100 yards from all trail
heads and parking areas.
(4)
A person
who violates this section commits a civil violation for which a forfeiture
of not less than $50 nor more than $250 may be adjudged for the first
violation and not less than $100 and not more than $500 for any subsequent
violations.
Nothing contained in this article is intended to require the
leashing of any dog while on private premises.
(a)
Owner's responsibility. It is a violation of this section for a person
who owns, possesses, or controls a dog to fail to remove and properly
dispose of any feces left by the dog on any sidewalk, street, publicly
owned property or privately owned property unless authorized by the
owner.
(b)
Duty to possess means of removal.
(1)
It is a violation of this section for a person who owns, possesses
or controls a dog to appear with such dog on any sidewalk, street
or publicly owned property without having the means of removal of
canine feces left by such dog.
(2)
For the purpose of this section, the means of removal shall
include, but not be limited to: any tool, implement, bag, or other
device or container for picking up and containing such feces. Disposal
may be accomplished by depositing such feces in a suitable container.
(c)
Exemption. This section shall not apply to a dog accompanying any
disabled person who, by reason of the disability, is physically unable
to comply with the requirements of this section.
(d)
Enforcement. The provisions of this section are enforceable by any
designated representative of the City's Health Officer or of the Chief
of Police.
(e)
Penalties for violation. Violation of this section is punishable
by a civil forfeiture not to exceed $50 for each occurrence.
Dogs, leashed or not, are prohibited from school yards, playgrounds
and athletic fields.
