[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:
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.
A dog meeting the definition outlined in 7 M.R.S.A. § 3907(12-D).
Shall be intended to mean both male and female of the species.
A dog meeting the definition outlined in 7 M.R.S.A. § 3907(20-A).
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.