As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- Off the premises of the owner and not under the control of the owner or a member of his immediate family by either leash, cord, chain or otherwise.
- 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.
- Any person or persons, firm, association or corporation owning, keeping or harboring a dog or any person having custody and control of a dog.
License, record and tag requirements shall be as prescribed by the Maine Revised Statutes.
Late registration; officer's fee. The City Council will establish, after a public hearing, the officer's fee, so called, for the late registration of dogs, provided in 7 M.R.S.A. § 3702.
Editor's Note: Said section was repealed by Chapter 383 of the Laws of 1987. See now 7 M.R.S.A. § 3943.
It shall be a violation of this article for any person who owns, possesses or controls a dog to fail to remove and dispose of any feces left by his/her dog on any sidewalk, street or publicly owned property.
A dog, while on any public way or place, shall be under restraint, within the meaning of this article, if it is controlled by leash or voice control beside a competent person and obedient to that person's commands or on or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper.
Confinement required. The owner of any bitch in heat shall keep the same confined or on a leash at all times and shall not permit such dog to be at large within the City or on any premises other than those of the owner. Every bitch 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 bitch shall be deemed guilty of a misdemeanor.
Spaying required. All female dogs capable of bearing young shall be spayed unless kept in an enclosure and used for breeding purposes.
Unlicensed dogs. Unlicensed dogs or dogs whose owner is unknown which are running at large shall be taken and impounded in the shelter designated by the City as the City Animal Shelter and confined in a humane manner for a period of not less than 14 days and may thereafter be disposed of in a humane manner if not claimed by their owners.
Transfer of title. The City or its duly authorized agent may transfer title of all animals held by it at its City Animal Shelter after the legal detention period has expired and the animal has not been claimed by its owner.
Any animal impounded hereunder may be reclaimed, as herein provided, upon payment by the owner of the following fees:
Impoundment fee. The impoundment fee 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.
Boarding fee. Boarding fee per day shall be established by the City Council after a public hearing for each impounded animal.
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.
It will be the responsibility of the City Clerk to maintain accurate records of all fees, violations and other pertinent information.
All fees collected under this section will be deposited in the City of Saco general fund.
It shall be unlawful for any person or persons to keep or harbor within the City 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.
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.
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.
No person shall own, keep or harbor any dog which, by loud, frequent or habitual barking, howling or yelping, shall disturb the peace of any person or persons.
A "dangerous dog" is hereby defined to be a dog 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 of any dangerous dog shall keep the same confined in a secure enclosure or on a chain or leash controlled by the owner or his agent at all times 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.
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.
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.
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.
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.
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.
Extension of quarantine. 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 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.
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.
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.
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 on 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 carcass intact to the Health Officer.
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.
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 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.