[Amended 4-7-2003; 9-4-2012; 9-4-2018; 2-8-2021]
A.Â
The purpose of this article is to require that all animals in the
City of Saco always be kept under the control of their owner or keeper
so that they will not injure persons or animals, damage property,
or create a public nuisance or health threat.
B.Â
The provisions of this article that apply to the owner of a dog apply
equally to any person keeping, or having control, custody, or possession
of that dog.
As used in this article, the following terms shall have the
meanings indicated:
An animal that has been deserted by its owner or keeper.
Every living, sentient creature not a human being.
A qualified person shall be employed by the Police Department
who shall be known as and perform the duties of the Animal Control
Officer. The Animal Control Officer shall be principally responsible
for the enforcement of all laws related to dogs, cats, and other domesticated
animals.
A facility that includes a physical structure, or part of
a physical structure, that provides temporary or permanent shelter
to stray, abandoned, abused or owner-surrendered animals.
Off the premises of the owner and not under the control of
any person whose personal presence and attention would reasonably
control the conduct of the dog.
Any beach area within the City of Saco which is used by the
public.
Includes both male and female dogs.
One pack or collection of dogs kept under one ownership on
a single premises for breeding, hunting, show, training, field trails
and exhibition purposes or maintained as a business for the buying
and selling of dogs or for any form of boarding of dogs.
Handheld device, 30 feet or less in length, that is attached
to a suitable collar by a mechanical device, which can be used to
restrain a dog if the dog fails to respond to voice command. A leash
must be used, if the owner or responsible party is so ordered by the
Animal Control Officer or a law enforcement officer, and at all times
when this article requires dogs to be leashed. A leash of a length
no longer than 12 feet shall be used at all time on beaches of Saco
from April 1 through September 30, unless otherwise stated herein.
A failure to comply with this definition shall constitute a violation
of this article.
Owner or any person or persons, firm, association, or corporation
owning, keeping, or harboring an animal or any person having custody,
possession, or control of an animal.
Restricted areas are beach areas that may be designated for
special protection for piping plovers or other endangered species
based upon scientific and historical data. Restricted areas also include
playing fields that are designated for sports, game fields, or practice
fields that will be used for athletic game activities.
An individual who has possession or custody of a dog and
has read and affirmed (at the time of licensure) that they will: 1)
maintain control of their dog(s) at all times; 2) they should have
reasonable control to stop the behavior of the dog(s) to charge, chase
or display aggression towards any person, other dogs, or wildlife;
by using a shortened leash, muzzle or harness; and 3) not behave in
any way that a reasonable person would find disturbing or harassing.
Except for hunting purposes, a responsible dog owner shall not have
more than two dogs under voice and sight control at the same time.
A responsible party shall have a leash in his or her possession for
each dog off leash. A failure to comply with this definition shall
constitute a violation of this article.
As used in this article, the term "responsible party" means
any person who has possession or custody of a dog. If a dog is present
on a beach in violation of the restrictions of this article, the owner
of the dog, and/or the responsible party are liable for the violation.
As used in this article, the term "voice control" means that
the dog returns immediately to and remains by the side of the responsible
party in response to the responsible party's verbal command.
"Sight control" means that a dog is always within sight of the responsible
party and the dog can comply with voice command. A violation of this
article occurs upon a failure to comply with the definition of either
"voice control" or "sight control." If a dog approaches or remains
within 10 feet of any person or animal, other than the responsible
party, the dog is not under voice control and a violation of this
article occurs unless such person (or in the case of a minor child,
an adult present with the child) has communicated to the responsible
party by spoken words or gesture that such person consents to the
presence of the dog.
A.Â
Dogs shall be considered at large unless leashed except for at the
Saco Dog Park or on the beaches during the allowable period from October
1 through March 30. It is unlawful for any dog, licensed or unlicensed,
to be at large, except when used for hunting. The owner of any dog
found at large shall be subject to the civil penalties provided in
this article.
B.Â
Additional exceptions.
(1)Â
During field trials or formal obedience, agility, or similar training
periods when the dog is accompanied by its owner, keeper, or certified
handler and has the express permission of the owner or occupant of
the property on which the dogs are being trained.
(2)Â
When the dog is in a securely fenced, specifically designated dog
park or dog exercise area established by a governmental entity, a
homeowners' association, or a community organization, where the
fencing is designed to prevent a dog from escaping.
(3)Â
When the dog is a service animal whose handler, because of a disability,
is unable to use a harness, leash, or other tether, or the use of
such a device would interfere with the service dog's safe and
effective performance of work or tasks, provided that the service
dog is otherwise under the handler's control through voice control,
signals, or other effective means.
(4)Â
During search and rescue and similar public service training when
the dog is accompanied by its owner or keeper, or by a qualified handler,
provided the owner, keeper, or handler has the express permission
of the owner or occupant of the property on which the dogs are being
trained.
(5)Â
When the dog is a working farm dog that is either guarding or herding
cows, fowl, goats, sheep, swine, or other domestic animals normally
raised on a farm.
A.Â
Any animal impounded hereunder may be reclaimed, as herein provided,
upon payment by the owner of the following fees:
(1)Â
Impoundment fee. The impoundment fee (refer to City of Saco fee schedule
for impoundment fee) for each animal impounded shall be established
by the City Council after a public hearing. If the owner refuses to
pay, a summons shall be issued for abandoning an animal.
(2)Â
Boarding fee. The boarding fee (refer to City of Saco fee schedule
for boarding fee) for each animal boarded per day shall be established
by the City Council after a public hearing for each impounded animal.
B.Â
Payment. Fees provided herein are to be paid to the City Clerk, who
will issue receipts in duplicate. A copy of the receipt will be delivered
to the Dog Officer, who will then release the dog to the owner. During
hours when the City Clerk is not on duty, the Saco Police Department
will accept payments for the City Clerk.
C.Â
It will be the responsibility of the City Clerk to maintain accurate
records of all fees, violations, and other pertinent information.
D.Â
All fees collected under this section will be deposited in the City
of Saco general fund.
A.Â
No owners shall permit or allow any animal to bark, howl, or make
other sounds common to its species if such sounds recur in steady,
rapid succession for 10 minutes or more or recur intermittently for
one hour or more. This shall not apply if an animal is provoked by
trespassing people or animals on private property on which the animal
is situated or by other legitimate cause of provocation, and does
not apply to dogs guarding, working, or herding livestock, nor a dog
used for hunting.
B.Â
Upon the receipt of a complaint, the Animal Control Officer shall investigate and, if satisfied of the truth of the complaint, issue a warning, in writing, to the owner or keeper of the dog that violations result in the imposition of a civil penalty. Any person found by the Animal Control Officer or affirmed in writing by two or more persons having separate residences in a neighborhood to be in subsequent violation shall be subject to the fines as listed in § 64-18.4, Violations and Penalties.
An owner must remove and dispose of any feces left by their
animal on any sidewalk, street, beach, public property, or private
property (other than the property of the owner of the animal or of
a person who has consented to the presence of the animal on his or
her property) and deposit such feces into an appropriate litter receptacle.
An owner whose animal is present on any property from which the animal's
feces is required to be removed pursuant to this section must have
in his or her possession a plastic bag or similar utensil for collecting
and removing the feces. This regulation shall not apply to any person
who, by reason or physical handicap, is unable to comply with the
requirement.
The following restrictions apply to dogs on beaches:
A.Â
From April 1 through September 30 dogs shall be leashed on beaches.
This includes Kinney Shore, Bayview Beach, and Camp Ellis Beach. A
leash of a length no longer than 12 feet shall be used at all times
on beaches of Saco from April 1 through September 30.
B.Â
From October 1 through March 31 dogs can be off leash if they are
under voice control and sight control.
C.Â
Whenever a portion of a beach has been roped off, fenced off or otherwise
demarcated or posted as a protected area to protect the nesting site
of a piping plover or of any other endangered species protected under
federal law, no dog shall approach within 100 feet of such protected
area.
D.Â
Dogs shall be on leash while entering or exiting vehicles at the
beach.
Dogs are not allowed on sports fields and athletic fields due
to public health threat. Athletic and sports fields are always restricted
to dogs. Athletic fields are located at: Memorial War Field (Burns
School), Young School Softball Field, Saco Middle School Front Field,
Saco Middle School Softball Field A and B, Saco Middle School Soccer/Lacrosse
Field (lower field out back), Phoenix Field (front field located off
Foss Road), Sandy Brook Field (back field located off Foss Road).
Dogs shall be on leash while entering or exiting vehicles at
the dog park. Dogs are allowed off leash while in the dog park and
must remain under voice command. There are two dog parks, one for
smaller dogs ranging in weight from zero pounds to 10 pounds and a
larger park for all dogs above 10 pounds. The Saco Dog Park is located
on School Street.
A.Â
Confinement required: The owner of a dog in heat shall keep the same
confined or on a leash and shall not permit such dog to be at large
within the City or on any premises other than those of the owner.
B.Â
Every dog in heat found running at large in violation hereof is hereby
declared to be a public nuisance and shall be impounded, and the owner,
keeper or person harboring such dog in heat shall be deemed guilty
of a misdemeanor.
C.Â
Spaying required: All female dogs capable of bearing young shall
be spayed unless kept in an enclosure and used for breeding purposes.
It shall be unlawful for any person or persons to keep or harbor,
within the City of Saco, more than three dogs over four months old
on January 1 in or about the premises, house, barn, or any other building
or in or about all buildings on any one premises occupied by any one
family, and the keeping or harboring of dogs as aforesaid is hereby
declared to be a nuisance.
A.Â
License fee. 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.Â
Scope of limitation. This limitation shall not apply to the following,
but a kennel license shall be required: to maintain or keep a pack
or collection of dogs under one ownership in a single premises for
breeding, hunting, show, training, field trails or exhibition purposes
or maintained as a business for the buying and selling of dogs or
for any form of boarding of dogs.
A "dangerous dog" is hereby defined to be a dog which shall
cause reasonable fear of bodily injury to any person or animal, by
attacking or threatening to attack such person or animal. Any such
dog is hereby declared to be a nuisance. The owner of any dangerous
dog shall keep the same confined in a secure enclosure or on a chain
or leash always controlled by the owner or his agent and shall not
permit such dog to be at large within the City.
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 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.
A.Â
Confinement. 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.
B.Â
Observation of dogs bitten. Any dog which shall have been bitten
by another dog having or suspected of having rabies shall be immediately
impounded for observation as provided in this section.
C.Â
Destruction prohibited. 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 of the City of Saco
Health Officer.
A.Â
An owner of an animal may not allow that animal to enter onto the
property of another after the owner has been warned by the property
owner or a representative of the property owner or by the Animal Control
Officer or a law enforcement officer that the animal was found on
the property of another.
B.Â
The owner of an animal is responsible, at the owner's expense,
for removing such animal if found trespassing. The Animal Control
Officer may, at the owner's expense, remove and control the animal
if the owner fails to remove the animal after having been notified
by the Animal Control Officer that the animal was trespassing; or
the animal is an immediate danger to itself, to persons or to another's
property.
C.Â
Any animal so removed shall be subject to the provisions of the following
sections: Impoundment or Return of At Large Dog, Disposition of Impounded
Animal, Impounded Fee in the same manner as an at large dog.
No dog shall be kept within the limits of the City of Saco unless
such dog is licensed by its owner in accordance with Maine Law and
has acknowledged receipt and affirmation of the requirements of a
"responsible dog owner." The City Clerk shall provide with each new
license issued for a dog a tag indicating the year the license is
issued and such other information as may be required under title 7
M.R.S.A. Part 9, Chapter 721, Dog Licenses.
Late registration: The Saco City Council will establish a fee
of $25 for each dog not registered on time after a public hearing
for late registration of dogs, provided in 7 M.R.S.A. § 3702.[1]
[1]
Editor's Note: Said section was repealed by Chapter 383
of the Laws of 1987.
Rabies tags obtained from a veterinarian for immunization against
rabies must be securely attached to the collar of leather, metal,
or material of comparable strength that must be worn by the dog for
which the tag was issued except when the dog is hunting, in training
or in an exhibition or on the premises of the owner. When the dog
is hunting, in training or in an exhibition, its owner shall produce
proof of licensure and proof of rabies immunization within 24 hours
upon request for the Animal Control Officer.
Upon positive diagnosis of rabies in any dog within the City,
the Mayor shall proclaim and invoke a Citywide 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 on the streets during
such period of quarantine.
A.Â
Treatment required. 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.
B.Â
Extension of quarantine. If there are additional positive cases of
rabies occurring during the period of quarantine, such period of quarantine
may be extended by the Mayor for an additional six months from the
time of the last positive report. The carcass of any dead animal exposed
to rabies shall, upon demand, be surrendered to the Health Officer.
The Health Officer shall direct the disposition of any animal found
to be infected with rabies.
C.Â
Surrender of animal required. No person shall fail or refuse to surrender
any animal for quarantine or destruction as required herein when demand
is made therefor by the Health Officer.
D.Â
Out-of-state dogs. All out-of-state dogs shall display rabies tags.
If not immunized, the owner shall take the same to a veterinarian
for immunization.
A.Â
B.Â
Any person who violates any other section of this article shall be
subject to a civil penalty of not less than $150 and not more than
$500 plus cost for each offense.
C.Â
Whoever keeps a dog contrary to the provisions of this article or
whoever violates any of the provisions of this article shall be punished
by a fine of not less than $20 nor more than $100 or not more than
30 days' imprisonment, or both, the fine to be recovered to the
use of the City of Saco by complaint before the District Court. In
addition to the fine or imprisonment, the Court may order such owner
or keeper to either kill the dog or have it confined.
D.Â
In addition to the fine or imprisonment herein provided, if, after
hearing, the Court is satisfied that the nuisance found constitutes
a dangerous condition which, in its judgment, should not be allowed
to continue, the Court may order the dog or dogs destroyed, muzzled,
confined to the owner's premises or impounded by the Dog Animal
Control Officer of the City of Saco for a period prescribed by the
Court and at the expense of the owner, and grant such further relief
as it shall deem just and proper.
