[HISTORY: Adopted by the Town Meeting of the Town of Madison as indicated in article histories. Amendments noted where applicable.]
Board of Selectmen animal control regulations — See Ch. 514.
[Adopted 6-21-1977; printed as last amended 6-7-1999]
Editor's Note: Interim amendments to this ordinance were adopted 3-6-1989, 6-10-1996 and 4-12-1999.
As used in this article, unless the context otherwise indicates:
- AT LARGE
- Shall be intended to mean off the premises of the dog's owner, and not under the control and restraint of the dog's owner or a member of his immediate family, either by leash, cord, chain, "at heel," or under command.
- Shall be intended to mean both male and female dogs.
- A. Shall be intended to mean any person or persons, firm, association or corporation owning, keeping, harboring or in possession of or having the control of a dog.
- B. Shall also be intended to mean and include, when used in this article, the parent or parents or guardian of a minor who owns, keeps or has in his possession a dog.
No owner shall cause or permit any dog owned or kept by him, or in his possession or under his control to run at large within the Town. A dog, while in or on any public way or place, or in or on any other place, except as hereinafter provided, shall be under restraint, within the meaning of this article, if it is controlled by a leash, cord, chain or "at heel" or under the control of a person and obedient to that person's command, or on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
Nothing in this article shall be held to require the leashing or restraint of any dog while on its owner's or keeper's premises, or in or on any premises used or occupied as a dwelling house.
No person shall keep or harbor any dog within the Town which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration of at least 30 minutes continuously or intermittently for one hour or more. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such a dog.
No person shall cause or permit any dog excrement to be cast or deposited by the animal upon the premises of any public park, beach, sidewalk, or other recreational property owned by the Town or upon property owned by another individual or business entity.
This section shall not apply to a dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirement of this article.
Failing to immediately remove and lawfully dispose of any dog excrement left upon a public park, beach, sidewalk, or recreational property owned by the Town, or upon property owned by another individual or business entity, is a civil violation for which a forfeiture may be adjudged for each offense (see § 148-7, Violations and penalties).
No dog may be kept within the limits of the Town of Madison unless the dog has been licensed by its owner or keeper in accordance with the laws of the State of Maine. Failure to so license the dog is a violation of this article.
Any person who owns or keeps a dog within the Town that has been picked up and transported by the Animal Control Officer will be charged a fee to cover any mileage expenses, boarding, and medical expenses for the care of the dog. All fees required by this article shall be established by the Board of Selectmen and published within a schedule of fees, which the Selectmen may amend from time to time according to the procedures required for taking actions at meetings of the Board. Failure to pay such fee within 30 days of billing date is a violation of this article.
Any person found in violation of this article by a court shall be subject to a fine of not less than $50 nor more than $200, and shall also be liable to reimburse the Town and its officials for all costs incurred by the Town and its officials in connection with this violation, including but not limited to compensation for the Animal Control Officer at the rate paid by the Town, mileage expenses, the actual cost of boarding the dog in question, and reasonable attorney's fees. In no event will the fine assessed by the court be less than expenses incurred by the Town in process of violation of this article. After three violations of this article the court will require the owner to keep animal leashed or restrained at all times. In addition, the violator shall pay the dog license fee required by state law.
Animals kept incidental to a residential use of a property shall be kept in accordance with the following:
Horses, donkeys, cattle, oxen, goats, sheep, llamas, pigs and fowl (i.e., emu, ostrich, turkey, duck, geese and rooster):
Require a minimum of 65,500 square feet (1.5 acres) of land.
Farm buildings, sheds, feedlots, fenced pens used for shelter and containment shall be kept no closer than 15 feet to the property line, 100 feet to existing neighboring residences.
Farm buildings, sheds, feedlots, fenced pens used for shelter and containment must be clean, dry and free from offensive odor, kept in a neat and sanitary condition at all times in a manner that will not disturb the use or enjoyment of abutters due to noise, offensive odor or other adverse impacts.
At all times, animals shall be contained in suitable safe housing and pens.
Chickens and rabbits.
No more than 12 hens and/or rabbits shall be kept as pets or for personal use on residential lots of less than one acre.
Chickens and rabbits shall be kept in clean and secure enclosures at all times on lots less than one acre.
Chickens shall be secured in a well-maintained henhouse during nondaylight hours on lots less than one acre.
Safe and suitable housing for chickens and rabbits shall meet the minimum setback of 15 feet from any property line on lots less than one acre.
The outdoor slaughtering of animals is prohibited on lots less than one acre.
Any structure, feedlot or pen which is subject to the provisions of § 148-8A(2), and which existed prior to the enactment of this article shall not be considered to be in violation of this article but shall not be expanded or relocated so as to reduce the property line setback requirements set forth in this section.
On complaint, a designated municipal official shall give notice to any owner, keeper, or person so keeping the livestock, fowl or domestic animal to abate the nuisance within 30 days.
Any violation of this article after 30 days by the owner or person keeping such livestock, fowl or domestic animal shall be subject to a civil forfeiture in an amount not to exceed $200. Each day the violation continues constitutes a separate offense
A residential property owner may apply for a variance to the acreage requirement in § 148-8A(1) or the number of animals in § 148-8A(2). Variance applications will require an inspection by a designated municipal official. The Madison Appeals Board is authorized to grant or deny a variance to this article.