[Adopted by Town Meeting 1-14-2012 by Art. 3; amended in its entirety 1-18-2022 by Art. 6]
The purpose of this article is to control dogs throughout the
Town of Casco in the interest of health, safety and general welfare
of its residents.
As used in this article, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
AT LARGE
Off the premises of the owner and not being under the control
of any person by means of personal presence and attention or ability
to manipulate and command the conduct of the dog.
ATHLETIC FIELDS/FACILITIES
Areas and facilities that are under the Town's care,
custody and control that are designated and used for the conduct of
athletic or other Town-sanctioned events.
DANGEROUS DOG
Shall have the same meaning as 7 M.R.S.A. § 3907,
Subsection 12-D.
DOG
Both male and female whether neutered or not.
DOG WASTE
Feces (also called "stool"); the solid waste that is left
after food is digested.
LEASH
A physical tether designed to be used as a lead that is attached
to the dog's collar and not more than eight feet in length; includes
the use of retractable leads that shall be extended no more than eight
feet while in Town parks, designated trails and others areas where
the eight-foot designation is in effect. A leash is not an electronic
collar device or any other electronic device that can be used to control
behaviors.
OWNER
Any person, firm, association or corporation owning, keeping
or harboring a dog.
PARK
Any area under the Town's ownership and/or care, custody
and control that has been designated and used as a public gathering
place by the public where a playground may or may not exist.
PLAYGROUND
A public area contained within a Town park that is managed
by the Town that has play structures such as swings, slides and climbing
structures.
SERVICE ANIMALS
As defined under the Maine Human Rights Act (5 M.R.S.A. § 4551
et seq.) and the Federal Americans with Disabilities Act.
All dogs kept, harbored or maintained by their respective owners
in the Town of Casco shall be licensed and tagged in accordance with
the requirements of 7 M.R.S.A. § 3921.
It shall be a violation of this article for an owner or keeper
of a dog to cause or permit such dog to unnecessarily annoy or disturb
any person by continued or repeated barking, howling, or other loud
or unusual noises any time during the day or night. This section shall
not apply to state-licensed kennels operating in the Town of Casco
as the date of this amendment. It shall be violation of this article
for an owner to cause or permit a dog to be a dangerous dog. This
section shall 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 purposes of this section
"livestock" shall have the same meaning as in 7 M.R.S.A. § 3907,
Subsection 18-A. A first violation of this section shall result in
a warning to the owner or keeper of the dog. A second violation shall
be subject to a penalty of no less than $100 nor more than $250 and
any subsequent violation shall be subject to a penalty of no less
than $250 nor more than $500. In the event that the Town is the prevailing
party in an action under this article, it shall be entitled to an
award of its reasonable attorney's fees, expert witness fees,
or any other associated costs.
Dogs at large, except when used for hunting, shall be subject
to the provisions of 7 M.R.S.A. §§ 3911 to 3913 and
3915.
The owner, keeper or any other individual who has responsibility
of a dog shall keep such animal controlled by a leash when such animal
is on the property of a Town park, walking trail, community center,
playground, and other designated Town properties.
All dog owners and keepers are required to immediately and properly
dispose of their dog's solid waste deposited on any property,
public or private, not owned or possessed by that person.
If any provision of this article is for any reason held invalid
by any court of competent jurisdiction, such portion shall be deemed
a separate provision and the remaining provisions of this article
shall remain in full force and effect.