[Adopted 6-21-1977; printed as last amended 6-7-1999]
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.
DOG
Shall be intended to mean both male and female dogs.
OWNER
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.
[Amended 6-11-2018]
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 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.
[Amended 6-11-2018]
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.
[Added 6-10-2019]
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.