[HISTORY: Adopted by the Town of Topsham
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 3, Art. I, of the Topsham
Code, as amended through 1990[1]]
[1]
Editor’s Note: Subsequent amendments noted where applicable.
The purpose of this Article is to require that
all dogs in the Town of Topsham be kept under the control of their
owners at all times so that they will not injure persons, damage property
or create a nuisance.
The provisions which apply to the owner of a
dog apply equally to any person having its custody or possession.
As used in this Article, the following terms
shall have the meanings indicated:
Off the premises of the owner or person charged with the
responsibility of control.
A dog which has bitten a person who was not a trespasser
with criminal intent on the owner's premises at the time of the incident;
a dog which causes serious injury or death to another animal; or a
dog which causes reasonable fear of bodily injury to a person acting
in a peaceable manner outside the owner's premises.
The causing of unreasonable noise, smell, litter or other
property damage; frequent and habitual barking, howling or creating
other noise; the chasing of automobiles, motorcycles, bicycles or
other vehicles; or the persistent or frequent entry on school grounds
while school is in session.
[Amended 5-16-2012 STM, Art. 8]
Any person or organization, firm, partnership or corporation
which owns, possesses or has custody of a dog.
[Amended 5-16-2012 STM, Art. 8]
Each owner or keeper of a dog that is six months
of age or over, except dogs kept under a kennel license as provided
by 7 M.R.S.A. § 3923-C, shall, on or before January 1 annually,
or at such time as such dog becomes six (6) months old, obtain and
display a license and tag from the Town Clerk in accordance with Title
7, Chapters 721 and 725, of the Maine Revised Statutes. A dog which
is at least two (2) months old must wear a collar or harness to which
is attached an identification tag with the owner's name and address
or telephone number.
A.
A dog is not permitted to run at large. A dog which
is off the premises of the owner or the premises of a person having
its custody and is not on a leash, or is on a leash exceeding six
(6) feet in length, is prima facie running at large.
B.
Exception. A dog which is under the owner's control
and is engaged in field trials, training or legal hunting may run
at large.
C.
Running at large after causing a nuisance. It shall be unlawful for an owner of a dog which is found running at large and who knows or has been advised that the dog has caused a nuisance as defined in § 76-3 to fail to keep the dog on his premises or under his control or under the control of a person charged with the responsibility.
[Added 5-16-2012 STM, Art. 8]
It shall be unlawful to own or possess a dangerous dog as defined in § 76-3, except when such dangerous dog is confined or muzzled.
It shall be unlawful to own or possess a dog creating a nuisance as defined under § 76-3.
The Dog Officer shall apprehend any dog found
running at large and impound it in the dog pound or other suitable
place. The Dog Officer shall be empowered to impound a nuisance dog
when the owner of the dog cannot be located. Whenever a dog confined
by an outside fence or on a leash while on its owner's property disturbs
the peace of any person by frequently and habitually barking, howling
or creating other noise and the owner of said dog cannot be located,
the Dog Officer shall be empowered to impound the dog following a
twenty-four-hour waiting period from the initial time of the complaint.
At the time of impoundment, the Dog Officer shall register the breed,
color, sex, license number and name and address or telephone number
of the owner in a book kept for that purpose.
It is unlawful for a person to fail or refuse to reclaim his dog and pay the cost required by § 76-10 within one (1) week after receiving oral or written notice of its impoundment.
A.
The Dog Officer shall immediately notify the owner
by telephone or by certified mail that the dog has been impounded,
and that he may reclaim it by licensing the dog if it is unlicensed,
and by paying to the town the fees set forth by the Board of Selectmen.
[Amended 11-17-1992 STM, Art. 7]
B.
If the owner of the dog is unknown or cannot be found,
the Dog Officer shall immediately post the notice on the bulletin
board in the lobby of the Municipal Building.
The Dog Officer shall keep all impounded dogs
for ten (10) days. If the owner has not reclaimed the dog within that
time, and if the Dog Officer is not able to place the dog with the
Brunswick Area Humane Society or another owner, he shall destroy it.
The owner of a dog who knows or has been advised
that the dog has bitten a person shall confine the dog or have it
confined by itself in a secure enclosure for at least fourteen (14)
consecutive days and shall notify the Health Officer immediately of
the time, place and reason for the confinement. During the period
of confinement, the owner shall not destroy the dog nor allow it to
be destroyed.
The Health Officer shall have a dog which has
been confined because of having bitten a person kept under observation
for symptoms of rabies. At the end of the fourteen-day period of confinement,
the Health Officer shall determine if he shall employ such expert
assistance as may be necessary. If he deems it necessary to keep the
animal confined for longer than the fourteen-day period, he shall
order it done. If the dog is found to be rabid, he shall notify the
owner and person bitten, and shall have the dog destroyed immediately,
following any procedure recommended by the Department of Human Services.
If the dog is not rabid, the owner shall thereafter muzzle the dog
or keep it confined. All expenses incurred by the town in carrying
out the procedure provided by this section shall be paid for by the
owner of the dog.
During the months of October, November, December,
January, February and March it shall be unlawful for the operator
of a motor vehicle to allow a dog to be transported on the open portion
of an open-body-type vehicle. At any other time the dog shall be secured
by a leash while the vehicle is in motion.
The following conditions apply:
A.
Owner's responsibility. It shall be a violation of
this section for any person who owns, possesses, or controls an animal
to fail to remove and dispose of any feces left by his or her animal
on any sidewalk, street, publicly owned property or privately owned
property unless authorized from the owner.
B.
Duty to possess means of removal.
(1)
It shall be a violation of this section for any person
who owns, possesses or controls an animal to appear with such animal
on any sidewalk, street or publicly owned property without means of
removal of animal feces left by such animal.
(2)
For the purpose of this section, the means of removal
shall be any tool, implement, or other device carried for the purpose
of picking up and containing such feces. Disposal shall be accomplished
by transporting such feces to a toilet designed for the disposal of
human feces.
C.
Exemption. This section shall not apply to an animal
accompanying any handicapped person who, by reason of his or her handicap,
is physically unable to comply with the requirements of this section.
D.
Enforcement. The Police Department shall enforce the
provisions of this section.
A.
A person who violates any provision of this article, except a violation of § 76-4, shall be fined and subject to a civil penalty in accordance with 7 M.R.S.A. § 3915, as amended. Each day of violation shall constitute a separate violation. All fines shall be paid to the Town. The Municipal Clerk shall deposit any fees and court fines collected pursuant to this article into a separate account pursuant to 7 M.R.S.A. § 3945.
[Amended 5-16-2012 STM, Art. 8]
See 7 M.R.S.A. § 3911 et seq. and
§ 3941 et seq.
