ORDER
STANDISH TOWN COUNCIL
DATE: November 8, 2005
ORDER NUMBER: 185-05 SUBMITTED BY: Christy
TITLE: EMERGENCY AMENDMENTS TO STANDISH TOWN CODE, CHAPTER 123, DOGS AND OTHER ANIMALS
The Town of Standish hereby ordains the following emergency amendments to the Standish Town Code, effective immediately upon adoption. These emergency amendments stand repealed as of the 91st day following adoption (additions are underlined and deletions are struck out):
:
[HISTORY: Adopted by the Town Council of the Town of Standish as indicated in article histories. Amendments noted where applicable.]
ARTICLE I, Dogs [Adopted 11-12-1996 by Order No. 124-96EN]
§ 123-1. Purpose.
The purpose of this ordinance is to control and regulate barking dogs, dogs running at large, dangerous dogs as well as other domesticated animals, and the enforcement of Section 7 subsection 4011 pertaining to animal cruelty within the Town of Standish. Implementation and administration of this ordinance shall be accomplished through a series of protocols established by the Town Manager.
§ 123-2. Violations.
A. Barking 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 for more than a period of 30 minutes between the hours of 6:00 a.m. to 10:00 p.m. Between the hours of 10:00 p.m. and 6:00 a.m., it is not necessary for the dog to have disturbed the peace of any person for more than 15 minutes to be in violation of this article.
B. Dogs running at large. No person shall allow a dog to run at large, except when used for hunting. At large shall be defined as "off the premises of the owner and not under the control of any person whose presence and attention would reasonably control the conduct of the dog."
C. Biting dogs. A dog running at large which bites a human being in an unprovoked situation shall be considered a biting dog and defined as such per state animal welfare laws.
D. Animal cruelty. No person owning, overseeing, or interacting with a domesticated animal shall subject the animal to: injury, overworking, torture, torment, abandonment, cruelly beating, mutilating or ingesting of poison (this includes exposure to a poison with an intent that it be taken internally by an animal.) In addition, no person shall deprive an animal (owned or in possession of) of necessary sustenance, necessary medical attention, proper shelter, protection from the weather, or humanely clean conditions.
§ 123-3. Enforcement.
A. Any person found in violation of Chapter 123, § 123-2A and/or B above shall receive a verbal warning for the first offense.
B. Any person found in violation of Chapter 123, § 123-2A and/or B above within six months of receiving a verbal warning shall be issued a written warning.
C. Any person found in violation of Chapter 123, § 123-2A and/or B above within six months of receiving a written warning shall be fined $100 a fee set by Council order for each offense, and a summons shall be issued.
D. Any dog(s) found running at large whose owner cannot be located shall be seized and transported to the Animal Shelter. In addition, the owner shall be warned or summoned as prescribed herein. Owners may reclaim their animal by first licensing, if applicable, according to Town regulation, and by paying to the Town a fee established by Council order for each offense. The owner will also be responsible for any additional costs incurred by the animal at the Shelter prior to the release of the animal. All fees to be deposited in a separate account as required by 7 M.R.S.A. § 3945, as it may be amended from time to time. [Amended 4-8-2003 by Order No. 18-03]
E. Any person owning, keeping or harboring a biting dog as defined in this article shall be fined $250 and issued a summons.
F. The Animal Control Officer shall also be empowered to enforce all provisions of the Maine Animal Control Law not specifically addressed in this article.
G. Any person found in violation of Chapter 123, §123-2D shall be charged by way of uniform summons to appear in District Court, County of Cumberland. All animals listed within the summons shall be confiscated by the Animal Control Officer, if found to be alive. Any deceased animals will be subject to a necropsy by a state veterinarian. All results will be held until the court date.
H. Any person found in violation of Chapter 123, §123-2d shall be fined no less than $1000 and not more than $10,000 for the first violation depending on the severity of the cruelty and the number of animals.
I. All fees to be deposited in a separate account as required by 7 M.R.S.A. § 3945, as it may be amended from time to time.
APPROVED __________________ DISAPPROVED __________________
ROLL CALL YEA NAY ABSTAIN
CHRISTY _________________________________________________
HOPKINS _________________________________________________
LYMBURNER_______________________________________________
POMERLEAU_______________________________________________
RUSSELL __________________________________________________
SIMPSON __________________________________________________
COUNCIL CHAIR _______________________________
CLERK/SECRETARY ____________________________
Order # 185-05
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