[Adopted 3-10-1984; amended 6-18-2005]
The owner of a dog or dogs, or the person having control over
a dog or dogs, which disturb the peace of any person by frequently
and habitually barking, howling, or creating other noise shall be
punished, on the first offense, by a fine of not more than $50. The
second offense within a six-month period shall be punished by a fine
of not more than $100. The third offense within a one-year period
shall be punished by a fine of not more than $500 and the Town may
ask the court to order that such dog or dogs be forthwith removed
from Town. All costs incurred by the Town as a result of prosecution,
including attorneys' fees, shall be recoverable from the owner or
person having control of said dogs.
[Adopted 6-13-2015; amended
in its entirety 6-8-2021]
As used in this article, the following terms shall have the
meanings indicated:
ANIMAL
Every living, sentient creature not a human being.
ANIMAL CONTROL
Control of dogs, cats and domesticated or undomesticated
animals.
ANIMAL SHELTER
A facility that includes a physical structure that provides
temporary shelter to stray, abandoned, abused or owner-surrendered
animals.
AT LARGE
Off the premises of the owner, unleashed and not under the
voice and sight control of a responsible party.
BEACH
The beaches within the Town of Kennebunkport commonly referred
to as "Goose Rocks Beach," "Colony Beach," and "Cleaves Cove."
DOG
Any of large and varied groups of domesticated animals in
the canine family.
LEASH
Handheld device, 15 feet or less in length, which can be
used to restrain a dog.
LIMITED DOG ACCESS AREA
Any beach area on Goose Rocks Beach, Colony Beach or Cleaves
Cove, that is designated by the Board of Selectmen or designee for
special protection of piping plovers or other endangered species based
upon scientific and historical data, where dogs may be either prohibited
entirely or permitted only if on-leash based on time of day and/or
date, as provided herein or pursuant to rules adopted hereunder. This
designation may be seasonal or permanent.
NESTING AREA
Any beach area on Goose Rocks Beach, Colony Beach or Cleaves
Cove, that has been roped off, fenced off or otherwise demarcated
or posted by governmental officials or their agents to protect the
nesting site of a piping plover or of any other endangered species
protected under federal or state law.
OWNER
Owner or any person of persons, firm, association or corporation
owning, keeping or harboring an animal or any person having custody,
possession, or control of an animal.
RESPONSIBLE PARTY
Any person who has custody, possession or control of a dog,
whether or not that person is the owner.
VOICE AND SIGHT CONTROL
"Voice control" means that the dog returns immediately to
and remains by the side of the responsible party in response to the
responsible party's verbal command. "Sight control" means that the
dog is always within sight of the responsible party and the dog is
capable of complying with voice control. If a dog approaches or remains
within 10 feet of any person other than the responsible party, that
dog is not under voice control and is in violation of this article
unless such person has communicated to the responsible party by spoken
word or gesture that such person consents to the presence of the dog.
A dog barking repeatedly is not considered under voice and sight control.
Notwithstanding the general rules found in §
16-4 herein, the Board of Selectmen shall have the authority to adopt specific rules governing dogs on other publicly owned or operated lands located within the Town of Kennebunkport, such as public parks.
If any part of this article shall be held invalid, such part
shall be deemed severable and the invalidity thereof shall not affect
the remaining parts of this article.