[HISTORY: Adopted by the Town Council of
the Town of Standish as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-12-1996 by Order No. 124-96[1]; amended in its entirety 1-10-2006 by Order No. 186-05]
[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.
[Amended 12-13-2022 by Order No. 86-22]
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 7 M.R.S.A. § 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.
Animal noise. No person shall own, keep, or harbor
any animal which, by loud, frequent or habitual barking, howling,
or other sounds common to its species, shall disturb the peace of
any person or persons for more than 30 continuous minutes. This section
shall not apply to farm animals kept on a property, a use of which
is the commercial production of farm products and is either a conforming
use or a lawful nonconforming use under the Standish Land Use Code.
For purposes of this exception, dogs are not "farm animals" and kennels,
as defined in 7 M.R.S.A. § 3807(17) as may be amended, are
not "farms."
[Amended 2-8-2022 by Order No. 111-21]
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 no less than $250 and no
more than $5,000, plus court costs, and issued a summons.
[Amended 12-13-2022 by Order No. 86-22]
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.
H.
Any person found in violation of Chapter 123, § 123-2D shall be fined no less than $500 and not more than $5,000 for the first violation and no less than $1,000 and not more than $10,000 for subsequent violations depending on the severity of the cruelty and the number of animals.
[Amended 12-13-2022 by Order No. 86-22]
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.
