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City of Westbrook, ME
Cumberland County
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Table of Contents
Table of Contents
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Unless the context otherwise indicates, the following terms as used in this article shall be construed according to the definitions given below:
AT LARGE
Off the premises of the owner, unless on another's premises by permission of the owner or occupant thereof, and not controlled by a leash, cord, chain or other tether of not more than eight feet in length.
DANGEROUS DOG
A dog meeting the definition outlined in 7 M.R.S.A. § 3907(12-D).
DOG
Shall be intended to mean both male and female of the species.
NUISANCE DOG
A dog meeting the definition outlined in 7 M.R.S.A. § 3907(20-A).
OWNER
Shall be intended to mean any person or persons, firm, association or corporation owning, keeping, or harboring a dog.
A. 
It shall be unlawful for any person to keep or harbor within the City more than three dogs over six months old in or about any premises, house, barn or other building or in or about all buildings on any one premises occupied by any one family, and the keeping or harboring of dogs as aforesaid is hereby declared to be a nuisance.
B. 
The payment of a license fee shall not be construed to allow the keeping of more than three dogs, as aforesaid, on any one premises.
C. 
This limitation shall not apply to any person engaged in the commercial business of breeding, buying, selling, or boarding of dogs or operating a veterinary hospital.
No dog shall be kept within the City unless such dog has been licensed and such license is displayed by the owner in accordance with state law.
[1]
Editor's Note: This section derives from an ordinance adopted 9-9-1969.
No dog shall be permitted to run at large within the City.
Unlicensed dogs, whether or not at large, and dogs found running at large, whether or not licensed, shall be taken up and impounded in the shelter designated by the City as the City animal shelter, and there confined in a humane manner for a period of not less than eight days, and may thereafter be disposed of in a humane manner if not claimed by their owners.
The owner of an impounded dog shall be entitled to resume possession of such dog upon compliance with the license provisions of this article and the payment of the impoundment fees as set forth in Chapter A400, Master Fee Schedule.
A. 
It shall be unlawful for the owner or keeper of any dog, upon being notified that such dog has bitten any person or has injured any person as to cause an abrasion of the skin, to either sell or give away such dog or to permit such dog to be taken beyond the limits of the City, except under the care of a veterinarian, or to destroy such dog without permission from the Animal Control Officer.
B. 
The owner, upon receiving such notice, shall immediately place such dog under confinement for a period of at least 14 days or shall deliver such dog to the Police Department.
A. 
Upon positive diagnosis of rabies in any dog within the City, the Mayor shall proclaim and invoke a City-wide quarantine for a period of 30 days, and upon the invoking of such quarantine, no animal shall be permitted in the streets during such period.
B. 
In the event that additional cases of rabies are detected during the quarantine, the Mayor may extend such period for an additional six months.
Any dog which shall have been bitten by another dog having or suspected of having rabies shall be immediately impounded for observation as provided in this article.
The Animal Control Officer shall be notified immediately by the person in charge of the City animal shelter of the death of any dog while under confinement.
The Animal Control Officer shall investigate all dog bites referred to him by the Police Department.
If any dangerous, fierce, or vicious dog cannot be safely taken up and impounded, such dog may be slain by any police officer or duly authorized Animal Control Officer.
In the event a police officer slays a dog which has bitten or caused a skin abrasion to a person and less than 15 days have elapsed from injury, the police officer shall deliver the carcass and brain forthwith to the Animal Control Officer.
The owner of any bitch in heat shall keep the same confined or on a leash at all times and shall not permit such dog to be at large within the City or on any premises other than those of the owner. Each bitch found in violation hereof is hereby declared a nuisance and shall be impounded, and the owner shall be deemed guilty of a civil infraction.
A dangerous dog, as defined in § 110-14, is hereby declared a nuisance. The owner of any such dog shall keep the same confined in a secure enclosure or on a chain or leash controlled by the owner at all times and shall not permit such dog to be at large within the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person shall own or keep any dog which creates a nuisance by habitually barking, biting, howling or in any other manner disturbing the peace and quiet of any other person, regardless of the time of day. This section does not apply to dogs engaged in herding livestock or to agricultural guard dogs engaged in protecting livestock or warning the owners of danger to the livestock. For the purposes of this section, the term "livestock" has the same meaning as in 7 M.R.S.A. § 3907, Subsection 18-A. Any person, upon the first occasion of violating this provision, shall be given a warning by the Animal Control Officer or any law enforcement officer that his dog or dogs have been disturbing the peace and quiet of another person or persons. The owner or keeper, upon any subsequent violation within six months from such a warning, commits a civil violation.[1]
[1]
Editor's Note: Original § 4-41, which immediately followed this section, was repealed 12-16-2002.