[HISTORY: Adopted by the Annual Town Meeting of the Town of Shapleigh
as indicated in article histories. Amendments noted where applicable.]
[Adopted at referendum 3-8-2002]
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 consecutive 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.,
no person shall own, keep or harbor any dog which, by loud, frequent or habitual
barking, howling or yelping, shall disturb the peace between the hours of
10:00 p.m. and 6:00 a.m. for more than 15 consecutive minutes to be in violation
of this article.
A.
Any person found in violation of this article shall receive
a verbal warning for the first offense.
B.
Any person again found in violation of this article, within six months of receiving such a verbal warning, shall be issued a written warning. Following the written warning provided for above, the individual so warned shall be entitled to meet with the Board of Selectmen at a regularly scheduled meeting to discuss the basis for said warning. If the Selectmen determine that the individual was not in violation of this article, or has taken sufficient remedial measures so that such a violation should not occur again, then the Animal Control Officer shall be so informed and any subsequent violation shall be pursuant to said § 4-2B. Thereafter, any further violations will be pursuant to the following subsections of this article.
C.
Any person again found in violation of the article within
six months of receiving a written warning shall be fined $100, and a court
summons shall be issued.
D.
Any person again found in violation of this article within
six months of receiving a court summons and being found guilty of violation
of this article shall be issued an additional court summons and fined $150.
All fines shall be payable to the Town of Shapleigh through District
Court.
The Animal Control Officer shall also be empowered to enforce all provisions
of the Maine Revised Statutes Annotated Title 7, Chapters 719, 721, 723, 725.
[Adopted 3-13-2004 ATM]
A.
The large number of fowl attracted by feeding and baiting
in and around in Shapleigh increases the presence of harmful bacteria, which
present a threat to public heath and well being. Fecal matter from waterfowl
contributes to the phosphate loading of water bodies thereby resulting in
lessened water quality. Large numbers of waterfowl feeding, trampling and
defecating cause damage to terrain and constitute a nuisance and health hazard
to citizens.
B.
The purpose of this article is to control the feeding
and baiting of migratory and nonmigratory waterfowl (hereinafter referred
to as "fowl") in order to protect the public health and property and the water
quality of lakes, ponds, rivers and streams in Shapleigh by reducing the amount
of fecal matter from these fowl deposited in the water and on the adjacent
shoreline and waterfront property caused in part by the feeding and baiting
of these fowl by the public.
No person shall engage in the regular practice of feeding or baiting
any migratory or nonmigratory waterfowl of fowl in or upon the water within
the Shoreland zoned area in Shapleigh as identified on the Tax Maps of Shapleigh,
in any manner that increases the public health risks identified in 4-75(b).
This Article is not intended to prohibited the raising of domestic waterfowl
as allowed by any other ordinance(s), except that domestic waterfowl must
be securely contained or penned in an enclosure in an area so as to prevent
fecal matter from the waterfowl entering into lakes, ponds, and streams in
the Town of Shapleigh.
The following definitions shall apply unless the context clearly indicates
another meaning:
The placing, exposing, depositing, distributing or scattering, directly
or indirectly, of shelled corn, shucked or unshucked, wheat or other grains,
breads, salt or any other feed or nutritive substances, in any manner or form,
so as to lure, attract or entice fowl to, on or over any such areas where
such feed items and/or materials have been placed, exposed, deposited, distributed
or scattered.
Any waterfowl of the family Anatidae (ducks and geese) either migratory,
nonmigratory or resident fowl.
This article may be enforced by an Animal Control Officer, Code Enforcement
Officer, Health Officer and/or his/her designee in the Town of Shapleigh.
Whoever violates any provisions of this article shall be fined $100
for each offense, to be recovered, on complaint, to the use of the Town of
Shapleigh. Each day in which a violation is proved shall constitute a separate
and new offense under this section. 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 of the
complaint may be waived by payment of the Town of Shapleigh of the fine within
seven days of the date of complaint.
