[Ord. No. 19-1999, § 1, 10-19-1999]
The City hereby finds it to be in the interest of the public
that this chapter be enacted to provide for the welfare, safety, health,
quiet and convenience of residents of the City. Portions of the City
are densely populated and/or residential neighborhoods with neighboring
families and animals living in close proximity to each other. It is
the stated purpose of this chapter to allow for the keepers and owners
of dogs, consistent with local or state zoning ordinances, to enjoy
the companionship of their dogs. It is also a stated purpose of this
chapter to provide a mechanism for recourse for those dog owners or
keepers who allow their animals to habitually and unreasonably cause
a public nuisance. It is further a stated purpose of this chapter
to incorporate the powers and penalties of the Animal Welfare Act
of the state, 7 M.R.S.A. § 3901 et seq., so as to provide
the enforcement authority described in this chapter with broad powers
to protect the health, safety and welfare of the public and to provide
for the humane and responsible treatment of dogs and domestic pets.
[Ord. No. 19-1999, 10-19-1999]
The words, terms and phrases used in this chapter shall have
the meanings ascribed to them in 7 M.R.S.A. § 3907, except
where the context clearly indicates a different meaning.
[Ord. No. 19-1999, § 8, 10-19-1999; amended 10-15-2019]
(a)
For violations of Sec. 10-35, pertaining to animal waste, a fine
of $50 for the first two violations in a calendar year shall be imposed
by issuance of a ticket in a form similar to a parking ticket.
(b)
For violations
of Sec. 10-32(b), the fine shall be $50 for the first two violations.
(c)
For a third violation of Sec. 10-35 within a calendar year and every other violation of this chapter there shall be imposed a civil fine or penalty consistent with state law up to a maximum of $250. Each subsequent violation within a two-year period from the date of the first violation shall carry a civil fine or penalty which shall increase at a minimum of $50 for each such subsequent violation. The district court is hereby specifically authorized to provide injunctive relief and any other equitable remedy that the court deems necessary and appropriate to address any particular situation which the court deems appropriate, in addition to any fine imposed. If the owner or keeper is found to have violated this chapter, such person shall be responsible for all attorneys' fees incurred by the City for prosecuting the action, including costs and fees for filing suit.
[Ord. No. 19-1999, § 7, 10-19-1999]
Any violation of this chapter shall be a civil violation which
shall be prosecuted through the issuance of a civil summons by the
City police department or duly authorized animal control officer in
the same form and the same manner of prosecution that would be the
case for any other civil violation. The City attorney shall prosecute
actions in the district court.
[Ord. No. 19-1999, § 3, 10-19-1999]
It shall be unlawful for any person to keep a dog, cat or other
domestic animal within the City that has not been vaccinated against
rabies and any other disease in accordance with rules adopted by the
state commissioner of human services.
