Statute in Full:
Lisbon Maine
Old Orchard Beach Maine
Lisbon Maine Code of Ordinances Town of Lisbon Maine Chapter 6 ANIMALS* __________ *Cross references: Animals prohibited in victual establishments, § 10-299; animal traps in parks, § 30-87. __________ Article I. In General Sec. 6-1. Disposal of dead animals in public places. Sec. 6-2. Disposal of dead animals by animal control officer. Sec. 6-3. Animals creating a nuisance by noise. Secs. 6-4--6-30. Reserved. Article II. Dogs Sec. 6-31. Off-premises control; impoundment. Sec. 6-32. Licensing. Sec. 6-33. Nuisances; noise. Sec. 6-34. Canine waste. Secs. 6-35--6-60. Reserved. Article III. Livestock Control Sec. 6-61. Livestock at large prohibited. Sec. 6-62. Impoundment authorized. Sec. 6-63. Reclaiming impounded animals. Sec. 6-64. Disposal of impounded animals. ARTICLE I. IN GENERAL Sec. 6-1. Disposal of dead animals in public places. No person shall deposit, place or throw any dead, mortally ill or injured animal or part of an animal in any public place except as otherwise provided in section 6-2. (Code 1983, § 3-202) Cross references: Solid waste transfer and recycling, ch. 38. Sec. 6-2. Disposal of dead animals by animal control officer. When any animal is found dead or dying on the land or premises of any person not the owner or person responsible for such owner, or is so found in any public street or place, any person having knowledge of the matter shall report the facts immediately to the animal control officer, who shall take charge of the animal forthwith. If, by license or otherwise, the owner of the animal is known to the animal control officer, the officer shall notify the owner at once; and the owner shall immediately cause such animal to be treated or disposed of by a veterinarian or, in the instance of a dead animal, to cause the body to be buried in a sanitary manner. If the owner is unknown, in the event of an injured animal, the animal control officer may dispose of the animal or cause its disposal by a veterinarian. In the case of a dead animal carcass where the owner's name is unknown, the animal control officer shall dispose of the body by transporting it forthwith to the town disposal area or other location for burial where such disposal can be accomplished in a neat and sanitary manner. (Code 1983, § 3-203) Sec. 6-3. Animals creating a nuisance by noise. Any animal which, by prolonged barking, howling, or the making of other sounds common to its species, causes undue annoyance to individuals residing in the neighborhood shall be deemed to constitute a nuisance. No person shall have or keep any animal which creates a nuisance. Any person found in violation shall be subject to a fine of up to $100.00 for each offense. Any fine collected shall inure to the town. (Code 1983, § 3-201) Secs. 6-4--6-30. Reserved. ARTICLE II. DOGS* __________ *State law references: Dogs, 7 M.R.S.A. § 3911 et seq. __________ Sec. 6-31. Off-premises control; impoundment. No dog under the control or care of any person shall be permitted to leave the property of that person unless the dog is on a leash of suitable strength not more than six feet in length. Any dog so found may be impounded by the animal control officer at the owner's expense, including the impoundment fee in the amount established by the selectmen and on file in the town offices. Any dog so impounded may be destroyed if it is not claimed and the fees paid within eight days following impoundment. It shall also be considered a violation of this section, where a dog, although restrained on the property of its owner or keeper, is allowed to encroach upon a neighbors abutting private property or upon a public way, public sidewalk or other public property. Any person who violates this section commits a civil violation which will result in the forfeiture of not less than $50.00 nor more than $250.00 for the first violation and a forfeiture of not less than $100.00 nor more than $500.00 for a second or subsequent violation. Any person who has been found to have committed a civil violation under this section or under 7 M.R.S.A. § 3911 more than three times within any 12-month period, shall have the option, in lieu of a fine, of erecting a secure enclosure for the dog or dogs. The enclosure shall be of suitable size to accommodate the animal or animals. At a minimum, the enclosure shall be high enough to prevent the dog or dogs from leaping out of the enclosure and shall also contain a floor or other structure that will prevent the dog or dogs from digging under the enclosure and escaping. Any enclosure shall be completed within 30 days of the date of the finding by the court except that such time frame may be extended by the animal control officer due to weather or ground conditions. Such forfeitures shall be paid to the town and shall be deposited in a separate account as provided in 7 M.R.S.A. § 3945. (Code 1983, § 3-101; T.M. of 2-12-2002, art. 4) State law references: Uncontrolled dogs, 7 M.R.S.A. § 3911 et seq. Sec. 6-32. Licensing. Dogs shall be licensed in accordance with 7 M.R.S.A. § 3921 et seq. Anyone possessing a dog which must be licensed under 7 M.R.S.A. § 3921 et seq. and which has not been licensed prior to the issuance of a municipal warrant shall pay a late fee, as provided in 7 M.R.S.A. § 3943. All such late fees shall be deposited in a separate account as provided in 7 M.R.S.A. § 3945. (Code 1983, § 3-102) State law references: License and recording fees, 7 M.R.S.A. § 3923-A. Sec. 6-33. Nuisances; noise. (a) Authority. This section is enacted under the general home rule power of municipalities and under the specific authority of 7 M.R.S.A. § 3950. (b) Purpose. The purpose of this section is to prohibit dogs from creating nuisances and disturbing neighborhoods through unreasonable or objectionable noise caused by frequently and habitually barking, howling or creating other noise. (c) Prohibited. No owner or keeper of any dog shall permit such dog to disturb the peace and quiet of the neighborhood or disturb the peace of any person by frequently and habitually barking, howling or creating such other loud or unusual noise. (d) Impoundment. Where the owner or keeper of a dog cannot be located, the animal control officer is empowered to impound the dog creating the nuisance and to remove it from the property of the owner or keeper for the purpose of abating the nuisance. The animal control officer shall leave a notice at a conspicuous location on the property from which the dog has been removed indicating that the dog has been impounded. The notice shall include the date and time of the impoundment and where the animal can be redeemed. The owner or keeper shall have 48 hours from receipt of that notice, or of verbal notification of the impoundment, to redeem the dog. An owner or keeper who refuses to reclaim the dog shall be subject to the penalties in subsection (e) of this section. (e) Penalties. (1) The owner or keeper of a dog which has caused a nuisance shall, for the first offense, be punished by a fine of not less than $50.00 nor more than $100.00. For any second or subsequent offense, the owner or keeper shall be punished by a fine of not less than $100.00 nor more than $200.00. (2) Any owner or keeper who fails to reclaim a dog that has been impounded under the provisions of this section, will be subject to a fine of not less than $200.00 nor more than $500.00. (3) All fines assessed pursuant to this section shall enure to the benefit of the town. (f) Costs. Any costs associated with the administration of this section, including expenses for apprehension, maintenance, keeping and disposition of the dog, shall be reimbursed in full to the town, in addition to any penalties. These administrative expenses may include but are not limited to impoundment fees and boarding fees. If court action is required, all costs of court, penalties assessed by the court, and reasonable attorney's fees shall accrue to and be for the benefit of the town. (Code 1983, § 3-201; T.M. of 9-17-1997, art. 30) State law references: Authority to impound dogs, 7 M.R.S.A. § 3912. Sec. 6-34. Canine waste. (a) Violation. It shall be the duty of any owner or keeper of a dog or anyone in possession or control of a dog to remove and dispose of, in a safe and healthful manner, any waste left by the animal on any street, sidewalk or publicly owned property, or any private property where that person does not have permission of the owner to leave waste. (b) Exemption. The requirements for removing dog waste under this section shall not apply to a dog accompanying any handicapped person, who, by reason of the handicap, is physically unable to comply with the requirements of this section. (c) Penalties. Anyone who violates this section shall be guilty of a civil violation and shall forfeit a sum of not less than $50.00 nor more than $250.00 for the first violation, and shall forfeit a sum of not less than $100.00 nor more than $500.00 for a second or subsequent violation. Such forfeitures shall be paid to the town and shall be deposited in a separate account as provided in 7 M.R.S.A. § 3945. (T.M. of 2-12-2002, art. 4) Secs. 6-35--6-60. Reserved. ARTICLE III. LIVESTOCK CONTROL Sec. 6-61. Livestock at large prohibited. No owner or person having charge of any horse, cow, ox, beef cattle, swine, goat or other grazing animal shall turn loose or permit such animal to go at large in any street or property of another. The term "at large" means off the premises of the owner and not under the control of any person by means of personal presence and attention as will reasonably control the conduct of such animal. (Code 1983, § 3-301) State law references: Livestock, at large, 7 M.R.S.A. § 4041. Sec. 6-62. Impoundment authorized. The animal control officer shall have the authority to impound animals in violation of this article. (Code 1983, § 3-302) Sec. 6-63. Reclaiming impounded animals. Any animal impounded under the provisions of this article may be reclaimed by the owner upon payment of an impoundment fee established by the selectmen, based on the expense incurred by the animal control officer and the town in keeping the animal and giving notice of its impoundment. (Code 1983, § 3-303) Sec. 6-64. Disposal of impounded animals. When the animal control officer impounds any animal under the provisions of this article, he shall follow the applicable provisions relating to stray animals found in 33 M.R.S.A. § 1051 et seq. regarding notice and disposition of the animal. (Code 1983, § 3-304) State law references: Impoundment of livestock, 7 M.R.S.A. § 4041.
Old Orchard Beach Maine Code of Ordinances Town of Old Orchard Beach Chapter 14 ANIMALS* __________ *Cross references: Environment, ch. 26; horses and horse-drawn vehicles, § 42-202. State law references: Animal welfare act, 7 M.R.S.A. § 3401 et seq.; municipal duties, 7 M.R.S.A. § 3942 et seq.; dangerous dogs, 7 M.R.S.A. § 3951 et seq. __________ Sec. 14-1. Definitions. Sec. 14-2. Complaints. Sec. 14-3. Impoundment fees. Sec. 14-4. Presence on Staples Field. Sec. 14-5. Dog in heat. Sec. 14-6. Dogs on beach, public streets and sidewalks. Sec. 14-7. Removal of dog feces. Sec. 14-8. Barking or howling dogs. Sec. 14-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: At large means off the premises of the owner and not under control of the owner or a member of his immediate family or representative either by leash, cord, chain or otherwise. Dog means both male and female. Kennel means one pack or collection of dogs kept in a single premises for breeding, hunting, show, training, field trials and exhibition purposes; or maintaining as a business for the buying and selling of dogs or for any form of boarding or care of dogs. Owner means any person owning, keeping or harboring a dog or a person having custody and control of a dog. (Ord. of 7-20-1993, § 1) Cross references: Definitions generally, § 1-2. Sec. 14-2. Complaints. All complaints under this chapter will be made to the police department. (Ord. of 12-21-1993, § 5) Sec. 14-3. Impoundment fees. Any animal impounded under this chapter may be reclaimed upon payment by the owner of the following fees: (1) Impoundment fees in the amount of $5.00 for each dog shall be charged for each impounded animal, in addition to appropriate fines and board as established by state statute. (2) A fine of $10.00 shall be paid to the town for the first offense of a dog running loose; a fine of $25.00 shall be paid to the town for the second offense of a dog running loose. On the third and subsequent offenses, an owner may be taken to court for a dog running loose. (Ord. of 5-4-1983, § 7) Sec. 14-4. Presence on Staples Field. No animal shall be allowed on or adjacent to the Staples Field area, including the area known as the practice field. This section will be applicable during the months of April through August, inclusive, of each year. (Ord. of 7-20-1993) Sec. 14-5. Dog in heat. (a) The owner of any dog in heat shall keep the dog confined or on a leash at all times and shall not permit such dog to be at large within the town. (b) It is unlawful for any owner or custodian of a dog to permit such dog to run at large in violation of this section which violation is hereby declared to be a public nuisance. Such dog running at large shall be impounded. (Ord. of 7-20-1993, § 4) Sec. 14-6. Dogs on beach, public streets and sidewalks. (a) Notwithstanding any other section of this chapter, it shall be unlawful for the owner of any dog or other animal other than a horse (which is regulated under chapter 54 of this Code) to permit such dog or other animal, during the period from Memorial Day to Labor Day of each year, between the hours of 10:00 a.m. and 5:00 p.m., inclusive, to enter upon and remain within the public beach in the town, which public beach consists of all that land lying easterly of the line dividing the beach from the upland creating a public park along the beach, as defined by town officials on April 23 and May 28, 1935, and recorded in the county registry of deeds in book 863, page 159 and page 422, from Goose Fare Brook northeasterly to the Scarborough Town line. (b) It shall be unlawful for the owner of any dog or other animal to permit such dog or other animal within the following described area: from the top of Old Orchard Street to the beach, which includes the area known as the square, from the hours of 10:00 a.m. to 3:00 a.m. (c) The town manager is authorized and directed to erect or cause to be erected signs at the end of each right-of-way to the beach notifying the public of this section. (Ord. of 9-1-1977, § 21; Ord. of 12-21-1993; Ord. of 6-1-1999) Cross references: Streets, sidewalks and other public places, ch. 50. Sec. 14-7. Removal of dog feces. (a) It shall be unlawful for any person who owns, possesses or controls a dog to fail to remove and dispose of any feces left by his dog on the public beach, streets or sidewalks or any property owned by the town. (b) For the purposes of this section, disposal shall be accomplished by transporting such feces to an appropriate waste receptacle. (c) This section shall not apply to working police dogs while on duty or to a dog accompanying any handicapped person who, because of his handicap, is physically unable to comply with the requirements of this section. (Ord. of 12-21-1993; Ord. of 4-19-1994; Ord. of 7-15-1997; Ord. of 6-1-1999) Sec. 14-8. Barking or howling 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. (Ord. of 7-20-1993, § 9)
|
