[Adopted 10-2-1990 as Ch. 3 of the
1990 Code]
As used in this article, unless the context
indicates otherwise, the following terms shall have the meanings indicated:
Off the premises of the owner or keeper and not under the
control of the owner or keeper or a competent person authorized by
the owner or keeper, either by leash, cord, chain or otherwise.
Both male and female.
No person shall cause or permit any dog owned
or kept by him to run at large within the Town of Bar Harbor. A dog
while on any premises other than that of its owner or keeper or while
on any public way or place shall be under restraint and not at large
within the meaning of this article if it is controlled by a leash,
cord, or chain or "at heel" beside a competent person and obedient
to that person's commands or on or within a vehicle being driven or
parked or within the property limits of its owner or keeper. Nothing
in this article shall be held to require the leashing or otherwise
confining of any dog, except a bitch in heat, while on the premises
of its owner or keeper. A leash, cord or chain used to restrain a
dog shall not be more than eight feet long.
The owner or keeper of any bitch in heat shall
keep the same confined or otherwise restrained by a leash, cord, or
chain at all times that said bitch is in fact in heat.
A.
Any dog found running at large or not restrained as
defined by the terms of this article shall be taken up by any law
enforcement officer duly authorized to enforce the laws of the State
of Maine and the ordinances of the Town of Bar Harbor and impounded
in the shelter designated by the Town Council as the Town Animal Shelter
and there confined in a humane manner until claimed by its owner or
keeper. If said dog is not claimed by its owner or keeper at the expiration
of 10 days from the date of its impoundment, then the person in charge
of said animal shelter may give away, sell or otherwise humanely dispose
of said dog.
B.
Upon the taking up of said dog found running at large
and not under restraint, said law enforcement officer shall immediately
notify the owner or keeper of said dog. In ascertaining the owner
or keeper of said dog the law enforcement officer may rely upon the
records of the Town of Bar Harbor or any other information reasonably
calculated to make known to him the owner or keeper of said dog.
C.
In order to claim a dog impounded under the provisions
of this article, the owner or keeper of said dog shall make known
the fact of his ownership or custody to the person in charge of the
animal shelter containing said dog and shall pay to the Town Clerk
the sum of $5 per day for each day that said dog is so confined, and
upon the second and all subsequent impoundments of the same dog the
owner or keeper shall pay the sum of $10 per day.
D.
The Town Council shall designate as the Town Animal
Shelter any veterinarian licensed under the laws of the State of Maine,
humane society or other shelter deemed by the Council suitable for
this purpose and is hereby authorized to enter into financial arrangements
with the owner or owners of any animal shelter so selected by the
Town Council for the purpose of providing said shelter. The fees provided
for by this section shall be applied first to defray the cost to the
Town for confining said dog and any surplus over and above said costs
shall be placed in the general government account.
No person shall own, keep or harbor any dog
which, by loud, frequent and habitual barking, howling or yelping,
shall disturb the peace of any person.[1]
[1]
Editor's Note: Original § 03.01.06,
Number of dogs limited, which immediately followed this section, was
deleted 5-21-2002.
A dangerous dog is hereby defined to be a dog
at large which shall cause reasonable fear of bodily injury to any
person by attacking or threatening to attack such person. Any such
dog is hereby declared to be a nuisance. The owner or keeper of any
dangerous dog shall keep the same confined in a secure enclosure or
on a chain or leash controlled by the owner or keeper or competent
person authorized by the owner or keeper at all times and shall not
permit such dog to be at large within the Town.
A.
It shall be unlawful for the owner or keeper of 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 sell or give away
such dog, or to permit or allow such dog to be taken beyond the limits
of the Town, 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 14 days or to deliver such dog to the Police
Department. The Town Manager shall be notified immediately by the
person in charge of the death of any dog while under confinement.
B.
Any person having knowledge of someone being bitten
by a dog may notify the Town Manager, and the Town Manager shall cause
all dog bites referred to him to be referred to a veterinarian and
his report shall be kept on file.
C.
Any dog which shall have been bitten by another dog
having or suspected of having rabies shall be immediately confined
for observation as provided in this section.
D.
It shall be unlawful for the owner or keeper of 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 Town Manager.
A.
Upon positive diagnosis of rabies in any dog within
the Town, the Chairman of the Council shall proclaim and invoke a
Town-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 or keeper's expense and
option, shall be treated for rabies by a licensed veterinarian or
held 30 days under quarantine by the owner or keeper 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 Chairman of the Council.
D.
The carcass of any dead animal exposed to rabies shall
upon demand be surrendered to the Town Manager.
E.
The Town Manager shall direct the disposition of any
animal found to be infected with rabies.
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 Town Manager.
If any dangerous dog cannot be safely taken
up, such dog may be slain by any law enforcement officer duly authorized
to enforce the laws of the State of Maine and the ordinances of the
Town of Bar Harbor. 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 said law enforcement officer, whether by order of 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 said law enforcement officer slaying such
dog to forthwith deliver the carcass to the Chief of Police who shall
forward the carcass to the Town Manager who shall cause the same to
be examined by a veterinarian.
[Amended 6-3-1997]
A.
It shall be a violation of this article for any person
who owns, possesses, or controls a dog to fail immediately to remove
and dispose of any feces left by his or her dog on any street, sidewalk,
publicly owned property or private property of another.
B.
Penalties for violations. Effective July 1, 1997,
violation of this section shall be punishable by a civil penalty not
to exceed $50 for each occurrence.
C.
Exemptions. This regulation shall not apply to a dog
accompanying any handicapped person who, by nature of his/her handicap,
is physically unable to comply with the requirements of this section.
