[Adopted as Ch. VII, Art. 11; amended 5-8-1978; 3-30-1983 by Ord. No.
83-115]
[1]
Editor's Note: Ordinance No. 11-168, adopted 6-13-2011, changed
the title of this article from Dog Control to Animal Control.
[Amended 3-22-2010 by Ord. No. 10-087; 6-13-2011 by Ord. No.
11-168]
As used in this article, unless the context
otherwise indicates, the following terms shall have the meanings indicated:
Both male and female.
As defined by Title 7, Section 3907, Subsection 17, of the
Maine Revised Statutes.
A rope, line, or tether of not more than eight feet in length.
Any person or persons, firm, association or corporation owning,
keeping or harboring a dog. When required as in this article, the
owner, keeper or any other individual who is responsible for a domestic
animal shall be competent and able to control the animal, and the
animal shall be obedient to that person's commands.
Dogs found running at large shall be taken up
and impounded in the shelter designated by the City as the City Animal
Shelter and there confined in a humane manner for a period of not
less than eight days and may thereafter be disposed of in a humane
manner if not claimed by their owners.
A.
The City or its duly authorized agent may transfer
title of all animals held by it at its Animal Shelter after the legal
detention period has expired and the animal has not been claimed by
its owner.
B.
When dogs are found running at large and their ownership
is known, such dogs need not be impounded, but the City, through its
duly authorized agents, may, at its discretion, cite the owners of
such dogs to appear in court to answer charges of violation of this
article.
C.
The owner shall be entitled to resume possession of
any impounded dog upon the payment of impoundment fees as set forth
herein. Any other animal impounded under the provisions of this article
may be reclaimed by the owner upon payment of the impoundment fees
as set forth herein.
D.
Any animal impounded under the provisions of this
article and not reclaimed by its owner within eight days may be humanely
destroyed or placed in the custody of some person deemed to be a responsible
and suitable owner who will agree to comply with the provisions of
this article.
E.
Domestic animals are to be controlled by a leash, as defined in § 65-1, in the following areas:
[Added 3-22-2010 by Ord. No. 10-087]
(1)
At the
Rolland Perry City Forest:
(a)
The
parking area at the Tripp Drive trail head.
(b)
The
entire length of the East Trail.
(c)
The
entire length of the Shannon Drive Trail.
(d)
The
Main Road Trail, from the intersecting point with Tripp Drive north
to its intersection with the East Trail.
(e)
The
entire length of the Tripp Drive Trail.
(2)
All
of the trails and areas at Brown Woods.
(3)
All
of the trails and areas at Cascade Park.
(4)
The
Bangor Waterfront, consisting of Map 43, Lots 35, 36, 39, 40, and
41 on the City of Bangor Tax Maps, except that a waiver from this
requirement may be granted by the City Manager or their designee as
part of an event approved by the City.
[Added 12-23-2019 by Ord. No. 20-031]
F.
All animals,
with the exception of service animals, are prohibited from the safety
zone that surrounds any play structure in any park. The safety zone
is the safety surfacing that is under and surrounds any play structure.
[Added 3-22-2010 by Ord. No. 10-087]
[Amended 5-27-1987 by Ord. No. 87-165; 9-14-1998 by Ord. No. 98-339]
Any animal impounded hereunder may be reclaimed
during shelter business hours, Monday through Friday, as herein provided
upon payment by the owner to the City Animal Shelter, or the City's
designated shelter provider, of impoundment fees and board charges
in an amount to be established by Council Order, plus the price of
any shots which the dog may have received while in the care of the
City.
It shall be unlawful for any person or persons
to keep or harbor within the City more than three dogs over six months
old on April 1 in or about any premises, house, barn or other building
or in or about all buildings on any premises occupied by any one family,
and the keeping or harboring of dogs as aforesaid is hereby declared
to be a nuisance.
A.
The payment of a license or licenses on dogs shall
not be construed to allow the keeping of more than three dogs, as
aforesaid, on any one premises.
B.
This limitation shall not apply to any person, group
of persons or corporation engaged in the commercial business of breeding,
buying, selling or boarding of dogs or operating a veterinary hospital.
[Amended 6-13-2011 by Ord. No. 11-168]
A.
Nighttime.
(1)
It shall
be unlawful for any person to confine a dog(s) in an open-air enclosure,
including a fenced yard, where its barking may disturb the quiet of
the neighborhood after 10:00 p.m. or before 6:00 a.m. Said dog(s)
shall be confined within a reasonably soundproof building during those
hours so that any barking will not annoy, disturb, injure or endanger
the comfort, repose, peace or safety of any individual in the City.
Said dog(s) shall be allowed outdoors, however, so long as it is accompanied
by a person at all times and does not bark for longer than 30 seconds.
(2)
Notwithstanding the provisions of Subsection A(1) of this section, sled dogs covered by a valid kennel license issued under § 65-15 of this chapter may be confined in an open-air enclosure after 10:00 p.m. or before 6:00 a.m. so long as any barking does not annoy, disturb, injure or endanger the comfort, repose, peace or safety of any individual in the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Daytime.
It shall be unlawful for any owner or person responsible to said owner
to permit the continual barking of any dog(s) between 6:00 a.m. and
10:00 p.m. Continued barking shall mean the barking of any dog or
dogs for a period of 15 minutes or more, during which the dog or dogs
do not fall silent for more than one minute.
C.
Warning.
It shall be the policy of the City of Bangor to issue a written warning
for a violation of this section and take no further enforcement action,
provided that no complaint has been made of a previous violation of
this section regarding the owner of the dog or the property in question
within the 90 days prior to the violation date.
D.
This section
does 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Added 7-9-2001 by Ord. No. 01-256; amended 5-29-2013 by Ord. No. 13-180]
A.
No person shall fail to immediately remove and lawfully
dispose of any feces left in any street, sidewalk, esplanade, park
or other public place or City-owned property by a dog owned by such
person or under their control. This regulation shall not apply to
a dog accompanying any handicapped person who, by reason of their
handicap, is physically unable to comply with the requirements of
this section.
B.
No person shall dispense, feed, or otherwise make
available to any species of wildlife, including birds, either on such
person's property or on the property of another or of the City, any
type or amount of food in a manner that:
(1)
Creates
an unclean, unsafe, or unsanitary condition;
(2)
Results
in the accumulation of droppings, feces, or feathers;
(3)
Attracts
other wildlife; vermin, or pests;
(4)
Creates
an unreasonable disturbance;
(5)
Constitutes
a private or public nuisance; or
(6)
Otherwise
deleteriously affects the quiet enjoyment by others of any private
or public property.
A.
It shall be unlawful for the owner or person keeping
or harboring any dog, when notified that such dog has bitten any person
or has so injured any persons as to cause abrasion of the skin, to
sell or give away such dog or to permit or allow such dog to be taken
beyond the limits of the City, except under the care of a licensed
veterinarian. It shall be the duty of such owner or keeper, upon receiving
notice of the character aforesaid, to immediately place such dog under
confinement for a period of at least 10 days. The Bangor Animal Control
Officer shall be notified immediately by the person in charge of the
death of any dog while under confinement.
[Amended 11-14-2007 by Ord. No. 07-319; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
B.
The City Veterinarian shall investigate all dog bites
referred to them by the Police Department or the Health and Community
Services Department.
[Amended 11-14-2007 by Ord. No. 07-319]
C.
Any dog which shall have been bitten by another dog
suspected of having rabies shall be immediately impounded for observation
as provided in this section.
D.
It shall be unlawful for the owner or person keeping
or harboring any dog, when notified that such dog has bitten any person
or has so injured any person as to cause abrasion of the skin, to
destroy such animal without permission from the City of Bangor Department
of Health and Community Services.
[Amended 11-14-2007 by Ord. No. 07-319]
A.
Upon positive diagnosis of rabies in any animal within
the City, the Chair of the Council shall proclaim and invoke a City-wide
quarantine for a period of 30 days, and upon the invoking of such
quarantine no animal shall be taken into the streets or be permitted
to be in the streets during such period of quarantine.
B.
During such period of rabies quarantine as herein
described, every animal bitten by an animal adjudged to be rabid shall
be forthwith destroyed or, at the owner's expense and option, shall
be treated for rabies infection by a licensed veterinarian or held
30 days under quarantine by the owner in the same manner as other
animals are quarantined.
C.
In the event that there are additional positive cases
of rabies occurring during the period of quarantine, such period of
quarantine may be extended by the Chair of the Council for an additional
six months.
D.
The carcass of any dead animal exposed to rabies shall,
upon demand, be surrendered to the Director of Public Health and Wellness.
[Amended 11-14-2007 by Ord. No. 07-319]
E.
The Director of Public Health and Wellness shall direct
the disposition of any animal found to be infected with rabies.
[Amended 11-14-2007 by Ord. No. 07-319]
F.
No person shall fail or refuse to surrender any animal
for quarantine or destruction as required herein when demand is made
therefor by the Director of Public Health and Wellness.
[Amended 11-14-2007 by Ord. No. 07-319]
[Amended 11-14-2007 by Ord. No. 07-319]
If any dangerous, fierce or vicious dog cannot
be safely taken up and impounded, such dog may be slain by any police
officer or duly authorized animal control officer. In all cases where
any dog which has bitten a person or caused an abrasion of the skin
of any person is slain by any police officer, whether by order of
the court or otherwise, and a period of less than 15 days has elapsed
since the day on which such dog bit any person or caused an abrasion
of the skin of any person, it shall be the duty of the police officer
slaying such dog to forthwith deliver the carcass and brain to the
Chief of Police, who shall forward the brain intact to the Director
of Public Health and Wellness.[1]
[1]
Editor's Note: Original Sec. 15, Penalty,
which immediately followed this section, was repealed 9-14-1998 by
Ord. No. 98-339.
