[HISTORY: Adopted by the Town Council of the Town of Standish as
indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal of
former Ch. 123, Dogs and Other Animals, adopted 4-11-1989, by Order No. 8-89,
as amended.
The purpose of this article is to control and regulate barking dogs,
dogs running at large, dangerous dogs as well as other domesticated animals,
and the enforcement of Section 7, Subsection 4011, pertaining to animal cruelty
within the Town of Standish. Implementation and administration of this ordinance
shall be accomplished through a series of protocols established by the Town
Manager.
A.
Barking dogs. No person shall own, keep or harbor any
dog which, by loud, frequent or habitual barking, howling or yelping, shall
disturb the peace of any person or persons for more than 30 minutes.
B.
Dogs running at large. No person shall allow a dog to
run at large, except when used for hunting. At large shall be defined as "off
the premises of the owner and not under the control of any person whose presence
and attention would reasonably control the conduct of the dog."
C.
Biting dogs. A dog which bites a human being in an unprovoked
situation shall be considered a biting dog and defined as such per state animal
welfare laws.
D.
Animal cruelty. No person owning, overseeing, or interacting
with a domesticated animal shall subject the animal to: injury, overworking,
torture, torment, abandonment, cruelly beating, mutilating or ingesting of
poison (this includes exposure to a poison with an intent that it be taken
internally by an animal). In addition, no person shall deprive an animal (owned
or in possession of) of necessary sustenance, necessary medical attention,
proper shelter, protection from the weather, or humanely clean conditions.
D.
Any dog(s) found running at large whose owner cannot
be located shall be seized and transported to the Animal Shelter. In addition,
the owner shall be warned or summoned as prescribed herein. Owners may reclaim
their animal by first licensing, if applicable, according to Town regulation,
and by paying to the Town a fee established by Council order for each offense.
The owner will also be responsible for any additional costs incurred by the
animal at the Shelter prior to the release of the animal.
E.
Any person owning, keeping or harboring a biting dog
as defined in this article shall be fined $250 and issued a summons.
F.
The Animal Control Officer shall also be empowered to
enforce all provisions of the Maine Animal Control Law not specifically addressed
in this article.
G.
Any person found in violation of Chapter 123, § 123-2D shall be charged by way of uniform summons to appear in District Court, County of Cumberland. All animals listed within the summons shall be confiscated by the Animal Control Officer, if found to be alive. Any deceased animals will be subject to a necropsy by a state veterinarian. All results will be held until the court date.
I.
All fees to be deposited in a separate account as required
by 7 M.R.S.A. § 3945, as it may be amended from time to time.