Section 1. Purpose
The purpose of this ordinance is to control dogs throughout the Town of Sebago in the interest of the health, safety and general welfare of its residents.
Section 2. Definitions as used in this Ordinance unless the context otherwise indicates:
“DOG” shall mean both male and female whether neutered or not.
“OWNER” shall mean any person, firm, association or corporation owning, keeping or harboring a dog.
“AT LARGE” shall mean off the premises of the owner and not being under the control of any person by means of personal presence and attention, or ability to manipulate and command the conduct of the dog.
“DANGEROUS DOG” shall mean a dog which has bitten or chased a person who was not a trespasser on the owner’s premises at the time of the incident; or a dog which causes a reasonable person acting in a peaceable manner outside the owner’s premises, to be put in apprehension of eminent bodily harm; or a dog who has damaged the property of any person.
Section 3. License Required
All dogs kept, harbored or maintained by their respective owners in the Town of Sebago shall be licensed and tagged in accordance with the appropriate laws of the State of Maine 7, M.R.S.A. 3921.
Section 4. Disturbing the Peace
It shall be a violation of this ordinance for an owner of a dog to cause or permit such dog to bark, howl, yelp continuously for twenty (20) minutes or intermittently for one (1) hour or more between the hours of 8:00 p.m. and 6:00 a.m. It shall be a violation of this ordinance for an owner to cause or permit a dog to be a dangerous dog.
Section 5. Running at Large
It shall be a violation of this ordinance for any dog, licensed or unlicensed, to run at large, except when used for hunting purposes.
Section 6. Confinement of Certain Dogs
Dogs of fierce, dangerous or vicious propensities or in heat shall be properly confined or tied by the owner or keeper in a reasonable manner to prevent harm to the public and the dog itself. If the owners or keepers of fierce, dangerous or vicious dogs or dogs in heat are found in violation of this section, such dogs shall be impounded and not released except on the approval of the Animal Control Officer, and only if all the provisions of the section entitled, “Impoundment Fee” have been met.
Section 7. Impounding
Any Police Officer, Animal Control Officer, or Constable within the Town of Sebago may seize, impound, or restrain any dog violating this ordinance or State law.
Section 8. Impoundment
When impounding any dog, the Animal Control Officer or Police Officer shall, at the time of such impoundment, list a number and description of violation(s), make a complete registry of the date of impoundment, breed, color, sex, and general condition of the dog as can be reasonably ascertained.
A copy of this registry shall be furnished to a shelter designated by the Town of Sebago with written instructions setting forth conditions under which the dog may be released. When a dog is impounded under the provisions of this Article, the Animal Control Officer, Police Officer, or person in control of the Animal Shelter shall make a reasonable effort to notify the owner or keeper if it can be ascertained.
The ultimate disposition of impounded dogs shall be according to M.R.S.A. Title 7, Sections 3912, 3913, and 3952 depending upon which category the dangerous dog or dog in heat, meets.
Section 9. Impoundment Fees
Owners may reclaim their dog by first licensing, if applicable, according to Town regulation and State law and by paying to the Town a fee of fifty dollars ($50.00) for each offense. The owner will also be responsible for any additional costs incurred by the animal shelter prior to reclamation. Fees must be paid and a
receipt of same presented to the shelter prior to the release of the dog. All fees to be deposited in the separate account as required by M.R.S.A. Title 7, Section 3945.
Section 10. Enforcement
There shall be appointed an Animal Control Officer(s) who shall have the prime responsibility for enforcing this Ordinance. Police officers, Cumberland County Sheriffs, and constables of the Town of Sebago may also enforce this ordinance.
Section 11. Penalties
Any owner found in violation of any of the provisions of this Ordinance shall be guilty of a civil violation, and upon conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) to be recovered by a complaint before the Maine District Court, District Nine of Northern Cumberland County. The owner shall also be responsible for the Town of Sebago’s attorney’s fees and costs. All fines collected shall be recovered to the use of the Town of Sebago and deposited in a separate account as required by M.R.S.A. Title 7, Section 3945.
Section 12. Severability Clause
If any part of this Ordinance shall be held invalid, such part shall be deemed severable, and the invalidity thereof shall not affect the remaining parts of this Ordinance.
Section 13. Amendments
This Ordinance may be amended by a majority vote of any legal Town Meeting when such amendment is published in the warrant calling for the meeting.
Section 14. Effective Date
This Ordinance shall be in full force and effect upon passage.
Adopted : May 25, 2010
A true copy attest:
Michele A. Bukoveckas, Town Clerk