[HISTORY: Adopted by the Town of Wells as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals on beaches — See Ch. 86.
[Adopted 8-16-1988; amended 9-17-1991; 4-26-1996; 6-4-1996]
A.
The purpose of this article is to require that all
animals in the Town of Wells be kept under the control of their owners
at all times so that they will not injure persons, damage property
or create a nuisance.
B.
The provisions which apply to the owners of an animal
apply equally to any person having its custody or possession.
C.
It is also the Town's responsibility to prevent the
spread of contagious disease and virus in relation to domesticated
and undomesticated animals.
As used in this article, the following terms
shall have the meanings indicated:
Includes all domesticated and undomesticated animals.
Any animal off the premises of the owner and not under the
control of any person by means of personal presence and detention
as will reasonably control the conduct of said animal.
An animal that has been confirmed as rabid by the Health
and Testing Laboratory using the direct fluorescent antibody (DFA)
test of nervous tissue.
[Amended 11-7-2000]
To limit by reasonable means all unnecessary exposure for
the suspected rabid animal to humans or to other animals.
Domesticated animals are considered currently vaccinated
for rabies if at least 30 days have elapsed since the initial vaccination
and the duration of the vaccination has not exceeded the time period
recommendation for that species based upon the type of vaccine used.
A Maine certificate of rabies vaccination or a form approved by the
Commissioner of the Department of Agriculture, Food and Rural Resources
is proof of immunization.
A dog which has bitten 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 imminent bodily harm.
A mammal accustomed to home life, tamed for man's use; a
typical household pet, including but not limited to dogs, cats, ferrets,
wildlife hybrids and livestock.
Any person who, by virtue of his public employment, is vested
by law with a duty to maintain public order, enforce any law of this
state or municipality establishing a civil violation, prosecute offenders
or make arrest for crimes, whether that duty extends to all crimes
or is limited to specific crimes.
A hand-held device no longer than six feet in length.
The Town of Wells.
[Amended 11-7-2000]
The causing of unreasonable noise, litter or other property
damage; the chasing of automobiles, motorcycles, bicycles or other
vehicles; and the entry onto school grounds while school is in session.
Any person, firm, organization, partnership, association
or corporation who or which owns, possesses or has custody of an animal.
A dog in the company of three or more other dogs.
Term used to describe the period of time that a domestic
animal is to remain separate and apart from other animals and humans
after having bitten or otherwise exposed another domestic animal or
human to rabies.
A viral disease of the central nervous system (brain and
spinal cord) that is almost always fatal.
A mammal considered to be wild by nature by the Department
of Inland Fisheries and Wildlife.
An animal with no previous rabies vaccination; an animal
whose first vaccination was given within the last 30 days; an animal
whose last vaccination has expired (per the vaccine manufacturer's
recommendation); or an animal for which no approved vaccine exists.
The offspring of a breeding between a domesticated animal
and a wild counterpart. This would include but is not limited to a
coydog, wild/domesticated cat hybrid and wolf/dog hybrids. These animals
are considered domesticated but have no established quarantine or
isolation period for the incubation of the rabies virus.
Anyone owning, possessing or harboring any animal
which barks, howls or makes other sounds common to its species continuously
for 20 minutes or intermittently for one hour or more shall be deemed
to constitute a nuisance. Exceptions: dogs barking at trespassers
or threatening trespassers on private property on which the dog is
situated or any legitimate cause for provocation.
It is unlawful for any animal, licensed or unlicensed,
to run at large except when used for hunting. Any stray or abandoned
animal roaming at large shall be impounded by the Animal Control Officer
and taken to a shelter. Any dog or ferret leaving the property of
its owner or custodian must be on a leash of suitable strength or
must be under the supervision and verbal control of its master. Any
animal in violation may be impounded by the Animal Control Officer.
Any animal so impounded may be destroyed if it is not claimed within
eight days following impoundment. The Animal Control Officer, his
designee or other law enforcement officer may take the animal to its
owner, if known. However, the offender will be subject to a charge
as established by the Board of Selectmen, following notice and a public
hearing, for services rendered, payable to the Town.
[Added 4-14-2000; amended 4-7-2001]
It shall be a violation of this article for
any person who owns, possesses or controls a dog or any other animal
to fail to remove and dispose of any feces left by his/her animal,
except on property belonging to the animal's owner or keeper. For
the purposes of this section, disposal shall be accomplished by transporting
such feces to an appropriate waste receptacle. Exceptions: working
police dogs while on duty or a dog or animal accompanying a person
who, because of a disability, is physically unable to comply with
the requirements of this article.
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. 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, the Police Chief or a police officer and only if all provisions of § 80-10, Impoundment fees, have been met.
A suitable person shall be employed by the Selectmen
who shall be known as and perform the duties of Animal Control Officer.
He or she shall have the same powers as a police officer and shall
be under the supervision and direction of the Police Chief. He or
she shall hold office for such time as the Selectmen may direct and
shall receive as compensation an amount as may from time to time be
prescribed by the Selectmen. The Animal Control Officer shall be responsible
for the control, regulation and enforcement of all laws related to
dogs, cats and domesticated and undomesticated animals in accordance
with 7 M.R.S.A. Chapter 725.
A.
All dogs kept, harbored or maintained by their respective
owners in the Town of Wells shall be licensed and tagged in accordance
with the appropriate laws of the State of Maine (7 M.R.S.A. § 3921
et seq.).
B.
By January 1 of each year, all dogs over the age of
six months must be licensed in the Town of Wells by registering the
dog(s) at the Town Clerk's office. Proof of a rabies vaccination must
be shown to obtain a license. The fee for a license shall be as specified
in 7 M.R.S.A. § 3923-A, as it may be amended from time to
time.
[Amended 11-7-2000]
When impounding any animal, the Animal Control
Officer or police officer shall, at the time of such impoundment,
list the number and description of the violation(s), make a complete
registry of the date of impoundment, breed, color, sex and general
condition of the animal as can be reasonably ascertained and if licensed
or unlicensed and the name of the owner or keeper, if known, on a
registry form. A copy of this form shall be furnished to the shelter
together with written instructions setting forth conditions under
which the animal may be released. When any animal is impounded under
the provisions of this article, the person who has control of the
shelter shall, when possible, contact the owner within 48 hours and
report to the Town Clerk a description of the animal and its place
of impoundment. If the owner does not claim said animal, then the
animal shelter shall dispose of the animal by adoption or otherwise
in a proper and humane manner consistent with applicable state laws.
Owners may reclaim their animal by first licensing,
if applicable, according to Town regulation, and by paying to the
Town a fee as established by the Board of Selectmen, following notice
and a public hearing, for each offense. The owner will also be responsible
for any additional costs incurred by the animal at the shelter prior
to reclamation. Fees must be paid and a receipt of the same presented
to the shelter prior to the release of an animal. All fees shall be
deposited in the separate account as required by 7 M.R.S.A. § 3945.
The owner or keeper of an animal which has bitten a human or may have been exposed to a contagious or viral disease shall be served a quarantine notice. The owner or keeper shall confine and control the animal for at least 10 days, 45 days or six months or as ordered. The owner or keeper must observe and obey all written instructions and procedures included in the quarantine notice. Failure to comply with this section may result in civil penalties as described in § 80-13. Further, failure to comply with this section may result in a court-ordered seizure of the animal, to be placed in a state-licensed facility that houses such animals. All related expenses shall be paid by the owner or keeper. See the Town of Wells Quarantine Chart for description and lengths of confinement.[1]
[1]
Editor's Note: The Quarantine Chart is included
at the end of this article.
The Municipal Health Officer or his/her designee
shall order suppression and removal of animals and conditions posing
a public health threat when there is a reasonable cause to suspect
the presence of a communicable disease or viral disease and the owner
or keeper has failed to comply with the properly served quarantine
notice.
[Amended 11-7-2000; 3-19-2019]
Any person found in violation of any provision contained in §§ 80-3, 80-4, 80-5, 80-6 or 80-11 shall be subject to a civil penalty of not less than $50 and not more than $250 for each violation. Any person found in violation of § 80-8 shall be subject to a civil penalty not to exceed $100 for each offense. Any civil penalty collected shall be recovered to the use of the Town of Wells and deposited in a separate account, if required by 7 M.R.S.A. § 3945 (Use of license fees retained by municipalities).
[Adopted 8-14-2001]
This article shall be known and may be cited
as the "Deer Feeding Control Ordinance of the Town of Wells."
The large number of deer attracted by feeding
and baiting in and around public and private property increases the
local deer population. Deer carry the deer tick known to cause Lyme
disease, which is a serious debilitating illness that threatens the
public health. When there are more deer and the deer move into areas
frequented by people, such as roads and yards, there is a corresponding
increase in the potential for deer ticks to come into contact with
people. In addition, overpopulation and domestication of deer contribute
to traffic safety problems and the destruction of important plants
and vegetation on public and private property. When deer come to depend
on humans for food, the natural order and balance in nature are upset
and it is harmful to their long-term well-being.
The purpose of this article is to control the
feeding and baiting of wild deer by the general public throughout
the Town of Wells but, in particular, in areas where deer have become
overpopulated, creating a traffic hazard because of their proximity
to public roads and a threat to the public health of residents and
visitors who face an increased risk of contracting Lyme disease. In
addition, the presence of deer in yards and similar areas threatens
gardens and other vegetation that are important to the community.
No person, except the Commissioner of the Maine
Department of Inland Fisheries and Wildlife or his/her designee or
the Director of the United States Fish and Wildlife Service or his/her
designee, shall feed or bait deer in the Town of Wells. This prohibition
shall not apply within the boundaries of the Rachel Carson National
Wildlife Refuge, which is property owned by the United States and
managed by the United States Fish and Wildlife Service.
The following definitions shall apply unless
the context clearly indicates another meaning:
Any wild deer.
The placing, exposing, depositing, distributing or scattering,
directly or indirectly, of shelled corn, shucked or unshucked corn,
wheat or other grains, bread, salt or any other feed or nutritive
substances, in any manner or form, so as to lure, attract, or entice
deer to, on or over any areas where such feed items and/or materials
have been placed, exposed, deposited, distributed or scattered, including
public and private properties and along any road and/or rights-of-way
in the Town of Wells.
This article may be enforced by the Animal Control
Officer, the Town's Health Officer or his/her designee, and police
officers of the Town of Wells.
Whoever violates any provision of this article
shall be subject to a civil penalty of not less than $100 nor more
than $500 for the first offense and not less than $200 for any subsequent
offenses. All civil penalties shall be recovered, on complaint, for
use by the Town of Wells for its efforts to educate the public about
this article and its purpose. If the Town is the prevailing party
in any action brought to enforce this article, the Town must be awarded
reasonable attorney's fees, expert witness fees and costs. Civil process
may be waived, upon complaint, by payment to the Town of Wells of
the minimum penalty set forth herein within seven days of the date
of complaint.
