[Amended 5-10-2021 by Ord. No. 21-04]
In the event of any conflict in the provisions of this article
with the provisions of any present or future statute relating thereto,
the most restrictive or that imposing the higher standards governs.
Service animals are exempt from any provision of this title that prohibits
dogs on public property.
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them in this section.
AT LARGE
Off the premises of the owner, unless:
B.
Within a vehicle or under restraint in an open vehicle being
driven or parked on a public way; or
LEASH
A cord or chain not more than 10 feet in length.
OWNER
Any person keeping or harboring a dog or other animal.
PET
Any animal domesticated to serve as a companion, excluding
service dogs.
VOICE CONTROL
An animal under control of the responsible party by voice
command such that the animal returns immediately to the responsible
party upon calling, and remains by their side.
No dog may be kept within the Town unless licensed by its owners
in accordance with applicable state statutes of the owners' resident
state. Proof of current dog license must be provided to the animal
control officer upon request.
The owner of an animal not confined on private property or not
in a vehicle may not permit that animal to menace or bite any person.
For the purpose of discharging the duties imposed by this chapter
and to enforce the provisions of this chapter, the animal control
officer is empowered, with the consent of the owner or occupant thereof,
to enter upon any premises on which an animal is kept or harbored,
and to demand the exhibition by the owner of the license if the animal
is a dog.
No person may interfere with, hinder or molest the animal control
officer in the performance of the officer's duty or seek to release
any pet in the custody of the animal control authority, except as
provided in this chapter.
It is the duty of the animal control officer to keep, or cause
to be kept, an accurate and detailed record of the licensing, impoundment
and disposition of all animals coming into the officer's custody.
Unlicensed dogs, wherever found, or dogs and other pets found running at large may be taken by the animal control officer and impounded in an animal shelter. Such animal may be confined for a period of not fewer than 10 days unless earlier reclaimed under the provisions of §
6.1.11.
Any pet impounded in accordance with this chapter may be reclaimed
upon payment of the total fees for board. This fee is paid to the
keeper of the animal.
Whenever any dog bites a person, the owner of such dog must
immediately notify the animal control officer, who may order the dog
held on the owner's premises or have it impounded for a period of
two weeks. The dog must be examined immediately after it has bitten
any person and again at the end of the two-week period. If at the
end of the two weeks a veterinarian is convinced that the dog is then
free from rabies, the dog is released from quarantine or from the
pound, as the case may be. If the dog dies within the period, the
State Department of Health must be notified to perform a rabies examination.
[Amended 6-10-2024]
No owner or responsible party may keep or maintain a pet, hen,
or rooster which creates a nuisance by continued or repeated barking,
howling, yelping, or making of other loud or unusual noises for a
half hour or intermittently for two hours, and can be heard at or
beyond the boundary of the property on which the animal is located.
No later than one year from the date of enacting amendments,
the Kittery Town Council will receive a report from the Town Manager
on the status of compliance with the chapter, to determine if additional
amendments are necessary.