[HISTORY: Adopted by the Town Council of the Town of Windham as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-28-2003 by Order 03-18; amended 5-28-2019 by Order 19-074 (Ch. 81 of the 1991 Code)]
This article shall be known and referred to as the "Town of Windham Animal Control Ordinance."
The Town of Windham has established this article to protect the public health and safety of its citizens and to promote the general welfare of the citizens and animals residing within the Town. Animal ownership is encouraged and welcomed within Windham; however, strong emphasis is placed on responsible ownership of animals. Animal owners are encouraged to respect the rights of their fellow citizens and also those of their animals. Primary responsibility is placed upon animal owners to properly train and/or secure their animals so as to prevent them from causing injuries and/or creating nuisances.
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.
A. 
Dog license. Dogs shall be licensed in accordance with 7 M.R.S.A. § 3921 et seq. Anyone possessing a dog which must be licensed under 7 M.R.S.A. § 3921 et seq. and which has not been licensed prior to January 31 shall pay a late fee, as provided in 7 M.R.S.A. § 3923-A, Subdivision 4. All such late fees shall be deposited in a separate account as provided in 7 M.R.S.A. § 3945.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Kennel license.
(1) 
"Kennel" is defined under 7 M.R.S.A. § 3907, Subdivision 17, as five or more dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition or exhibition purposes. The sale or exchange of one litter of puppies within a twelve-month period alone does not constitute the operation of a kennel.
(2) 
A kennel license shall be obtained from the Town Clerk's office after the Animal Control Officer has inspected the kennel as required by 7 M.R.S.A. § 3923-C, Subdivision 5. The Animal Control Officer shall follow the sanitation and health rules established by the Department of Agriculture, Conservation and Forestry Animal Welfare Program.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Kennel license fees shall be those established by 7 M.R.S.A. § 3923-C. There will also be an inspection fee set by the Town Council for each kennel license payable to the Town of Windham. This inspection fee shall be placed in the Town's Dog Licenses-Town revenue account.
(4) 
This section shall not include boarding kennels as defined under 7 M.R.S.A. § 3907, Subdivision 8, which shall be subject to regulation by the Department of Agriculture, Conservation and Forestry Animal Welfare Program.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All dog owners must show proof of current vaccination against rabies prior to being licensed. All cat owners are required to show proof of current vaccination against the rabies virus if the cat is picked up as a stray or the cat has bitten a person or other domesticated animal. A cat owner may show proof of exemption from the requirement for vaccination in accordance with the requirements of 7 M.R.S.A. § 3916, Subdivision 4.
A. 
Animals found to be at large and/or stray shall be impounded by the Town at an animal shelter designated by the Town of Windham or may be returned to the animal's owner at the discretion of the Animal Control Officer, a police officer, or other person appointed by the Chief of Police. If the owner/keeper of the animal is known, the Animal Control Officer, a police officer, or other person appointed by the Chief of Police will attempt to contact such person.
B. 
Animals impounded at the shelter may be reclaimed upon payment by the owner/keeper of the following:
(1) 
A municipal impoundment fee set by the Town Council. Payment shall be made at the Town Clerk's office.
(2) 
Board in the amount charged by the contracted boarding facility per day for each animal impounded as allowed by state law.
(3) 
Such other fees as required by law.
C. 
Owners of dogs that cannot show proof that the dog impounded is licensed will be issued a temporary license by the shelter. The temporary license is good for 10 days, at the end of which the dog is to be licensed as directed by state law. Copies of temporary licenses will be forwarded by the shelter to the Animal Control Officer.
D. 
If the animal owner/keeper is contacted or comes forward before the animal is taken to the animal shelter, then they shall pay a fee of half the municipal impoundment fee, § 15-6B(1) of this article. This fee shall be paid to the Town of Windham before the animal is released to the owner/keeper. Payment shall be made at the Town Clerk's office.
A. 
No dog under the control or care of any person shall be permitted to leave the property of that person unless the dog is on a leash of suitable strength, allowing the animal to be brought immediately under control, or under direct voice command or electronic collar control. "Voice or electronic collar control" shall be defined as an immediate response upon voice command or stimulus application and return to within arm's length of the owner or person in control of the dog. Any dog so found may be impounded by the Animal Control Officer as set forth in § 15-6 of this article.
B. 
This section shall not apply to dogs engaged in legal hunting activities or law enforcement dogs engaged in active law enforcement activities.
Any domesticated animal, except livestock, that is found to be running at large on a public way, public property, or the property of someone other than the owner of the animal may be seized by the Animal Control Officer, a police officer, or other person appointed by the Chief of Police or otherwise authorized by law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No dogs or other domestic animals, except a service animal as defined in 5 M.R.S.A. § 4553, shall be allowed in any Town-owned/maintained cemeteries (Chapter 39, Cemeteries).
A. 
Except as provided in Subsections B and C below, no owner shall permit or allow any animal to bark, howl or make other sounds common to its species if such sounds recur in steady, rapid succession for 10 minutes or more or recur intermittently for 30 minutes or more.
B. 
This section shall not apply if any animal is provoked by trespassing people or animals on private property on which the animal is situated or by other legitimate cause for provocation.
C. 
This section shall not apply to farm animals kept on a property located in an area that is allowed to have farm animals under Chapter 120, Land Use, of the Code of the Town of Windham. For purposes of this exception, dogs are not "farm animals" and kennels are not "farms."
A. 
It shall be the duty of any owner or keeper of a dog or anyone in possession or control of a dog to remove and dispose of, in a safe and healthful manner, any waste left by the animal on any street, sidewalk or publicly owned property, or any private property where that person does not have permission of the owner to leave waste.
B. 
The requirements for removing dog waste under this section shall not apply to a dog accompanying any handicapped person, who, by reason of the handicap, is physically unable to comply with the requirements of this section.
Nothing in this article shall be construed as having any impact upon the state animal welfare laws prohibiting cruelty to animals, regulating dangerous dogs and prohibiting animal trespass or any other matter involving animals.
A. 
Whoever violates the licensing requirements of this article shall be subject to those penalties established by 7 M.R.S.A. § 3924 ($100). Whoever violates the at-large provisions of this article shall be subject to those penalties established by 7 M.R.S.A. § 3915 (not less than $50 nor more than $250 for first violation and not less than $100 nor more than $500 for two or more violations). Whoever violates any other section of this article shall be subject to a civil penalty of no less $100 for a first violation, no less than $250 for a second violation, and no less than $500 for a third or subsequent violation. Said fines may be recovered before the Portland District Court and shall inure to the benefit of the Town.
(1) 
Any costs associated with the administration of this article, including expenses for apprehension, maintenance, keeping and disposition of the dog, shall be reimbursed in full to the Town, in addition to any penalties. These administrative expenses may include but are not limited to impoundment fees and boarding fees. If court action is required, all costs of court, penalties assessed by the court, and reasonable attorneys' fees shall accrue to and be for the benefit of the Town.
(2) 
In addition to the penalties set forth herein, the Town may seek any appropriate injunctive relief to prevent repeated violations of this article.
(3) 
Examples of injunctive relief may include, but are not limited to:
(a) 
Limiting the length of time dogs are allowed to remain outside unattended.
(b) 
Utilization of electronic stimulus collars that are designed and intended to prevent barking and howling.
(c) 
Utilization of muzzles to limit howling and barking.
(d) 
Impoundment of dogs in accordance to § 15-6 of this article.
(e) 
Prohibition of keeping dogs or other nuisance animals on the premises.
B. 
A person who is issued a civil violation citation for a violation of this article may elect to pay half the fine amount specified above for each violation alleged in the citation, in lieu of appearing in court to answer the citation. Such payment must be received in full at the office of the Town Clerk within 10 days of receipt of the citation. Upon receipt of such payment by the Town Clerk, the Animal Control Officer shall notify the District Court that the violation has been resolved. However, the violations alleged in the citation shall be deemed admitted for the purposes of assessing any future penalties under this section.
C. 
Any person who has been found to have committed a civil violation under § 15-7 of this article more than three times within any twelve-month period shall have the option, in lieu of a fine, of erecting a secure enclosure for the dog or dogs. The enclosure shall be of suitable size to accommodate the animal or animals. At a minimum, the enclosure shall be high enough to prevent the dog or dogs from leaping out of the enclosure and shall also contain a floor or other structure that will prevent the dog or dogs from digging under the enclosure and escaping. Any enclosure shall be completed within 30 days of the date of the finding by the court except that such time frame may be extended by the Animal Control Officer due to weather or ground conditions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be administered and enforced by the Animal Control Officer, a police officer, or other person appointed or contracted to do so by the Chief of Police.
[Adopted 8-14-2012 (Ch. 82 of the 1991 Code)]
The purpose of this article is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a noncommercial basis in residential zoning districts not governed by the standards of Chapter 120, § 120-504, Agriculture, poultry facility. This article is intended to ensure that domesticated chickens do not create nuisance conditions which include, but are not limited to, noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of rodents and parasites/insects, and nonconfined animals leaving the owner's property.
As used in this article, the following terms shall have the meanings indicated:
CHICKEN PEN
A wire enclosure connected to a henhouse for the purpose of allowing chickens to leave the henhouse while remaining in an enclosed, safe environment.
HENHOUSE
A structure for the sheltering of chickens.
A. 
This article applies to the keeping of 12 or fewer chickens that are six months old or older. The keeping of 13 or more chickens that are more than six months of age is governed by Chapter 120, Land Use, § 120-504, Agriculture, poultry facility.
B. 
Chickens governed by the standards of this article shall only be kept in residential zoning districts. These include the Farm (F), Farm-Residential (FR), Light-Density Residential (RL), and Medium-Density Residential (RM) Districts.
A. 
The maximum number of chickens allowed is 12 per lot, regardless of how many dwelling units are on the lot.
B. 
Only female chickens are allowed. There is no restriction on chicken species.
A. 
Structures.
(1) 
A henhouse shall be provided to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood. An existing shed or garage or a portion of an existing building can be used as a henhouse if it meets the standards of this section.
(2) 
A building permit is required for a new henhouse.
(3) 
Henhouses shall not be located in a front setback established in the applicable zoning district of Chapter 120.
(4) 
Henhouses must meet the normal side or rear setback for the zoning district of Chapter 120 in which it is located.
(5) 
Henhouses must be enclosed on all sides and have a roof and doors. Access doors must be able to be shut and locked at night.
(6) 
The types of roofing and siding materials must be uniform around the structure, and shall be in harmony with other structures in the surrounding area.
(7) 
Henhouses shall provide a minimum of four square feet of floor area per chicken.
B. 
Fencing.
(1) 
An enclosed chicken pen must be provided, consisting of sturdy wire fencing buried at least 12 inches in the ground. The chicken pen must be covered with wire, aviary netting, or solid roofing.
(2) 
The chicken pen must enclose a minimum of 10 square feet of area per chicken, exclusive of the henhouse.
(3) 
If chickens are to be allowed out of the chicken pen during the day, fencing shall be erected to confine chickens to an established area of the property. The fencing shall be of a height that does not allow the chickens to leave the fenced in area without human assistance. Fencing shall take into account existing conditions of the neighborhood. Appropriate types of fencing include chicken wire, stockade, and picket. Chickens are to be contained within a fenced area at all times.
C. 
Feed and water.
(1) 
Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds, and predators.
(2) 
Feed shall be stored in rodent-proof containers.
D. 
Waste storage and removal.
(1) 
Provisions must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof over the entire structure or a container with a lid. No more than three cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed.
(2) 
The henhouse, chicken pen, and surrounding areas must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
E. 
Rodents and insects/parasites.
(1) 
The property owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites.
(2) 
Chicken found to be infested with insects and parasites that may result in unhealthy conditions to human habitation shall be removed by the Animal Control Officer.
F. 
Lighting.
(1) 
Only motion-activated lighting may be used to light the exterior of the henhouse.
(2) 
Exterior lighting on the henhouse shall be a ninety-degree cutoff luminaire.
A. 
Any violation of the provisions of this article shall be grounds for an order from the Code Enforcement Officer to remove the chickens and the chicken-related structures.
B. 
The Health Officer or Animal Control Officer may also order the removal of the chickens upon a determination that the chickens pose a health risk.
In the event that any section, subsection, or any portion of this article shall be declared by any court of competent jurisdiction to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or other portion of this article; to this end, the provisions of this article are hereby declared to be severable.