[HISTORY: Adopted by the Town Council of the Town of Cumberland 10-26-2009. Amendments
noted where applicable.]
A.
The purpose of this chapter is to require that all animals, other
than cats, in the Town of Cumberland be kept under control of their
owner/keeper at all times so they will not injure persons or other
animals, damage property, or create a public health threat or nuisance.
"Under control," as defined below, means that the animal's proper
and safe activity is directed by the owner/keeper. Control is achieved
by proper use of a leash or voice control.
[Amended 6-4-2018; 4-10-2023]
B.
This chapter is enacted pursuant to the authority in 30-A M.R.S.A.
§§ 2101 and 3001, and the purpose of this chapter is
to provide regulations in addition to those contained in Title 7 of
the Maine Revised Statutes Annotated with respect to controlling companion
animals throughout the Town of Cumberland in the interest of the health,
safety and general welfare of its residents.
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:
Every living, sentient creature not a human being.
[Amended 6-4-2018]
Off the premises of the owner and not under the control of
any person whose personal presence and attention would reasonably
control the conduct of the dog. "Premises" includes residences, including
land and buildings, and motor vehicles belonging to the owner or keeper
of the dog.
[Amended 4-10-2023]
A member of the genus and species known as "felis catus."
[Added 4-10-2023]
A cat or a dog.
The power or ability to direct the proper and safe activity
of an animal.[1]
A member of the genus and species known as "canis familiaris"
and/or a member of the genus and species known as "canis familiaris"
or any canine, regardless of generation, resulting from the interbreeding
of a member of canis familiaris with a wolf hybrid.
[Amended 6-4-2018]
A person in possession or control of a dog or other animal.
A person becomes the keeper of a stray domesticated animal, other
than dog or livestock, if the person feeds that animal for at least
10 consecutive days. If a companion animal is in violation of the
restrictions of this chapter, the owner of the companion animal and
the keeper are jointly and severally liable for the violation.
[Amended 6-4-2018]
A handheld device which can be used to restrain a dog if
the dog fails to respond to voice commands. In cases where a leash
is required by law or ordinance or by order of a law enforcement officer,
the owner or responsible party will be required to use a leash of
15 feet or less.
[Amended 4-10-2023]
A dog whose owner or keeper has presented to Town officials
evidence that the dog has been vaccinated against rabies and has paid
the annual registration fee for the dog, in compliance with Title
7, Chapter 721, § 3921, of the Maine Revised Statutes Annotated.
[Amended 6-4-2018][2]
A person owning, keeping or harboring a dog or other animal.
[Amended 6-4-2018][3]
Off the owner's premises and not under the control of a person.
As used in this chapter, "stray" refers to a cat or cats.
[Added 4-10-2023]
The dog returns immediately to and remains by the side of
the owner/keeper in response to the owner/keeper's verbal command,
whistle or hand signal. If a dog approaches or remains within 10 feet
of any other person other than the owner/keeper, that dog is not under
voice control and shall be deemed to be "at large," unless such person
(or in the case of a minor child, an adult present with the child)
has communicated to the owner/keeper by a spoken word or gesture that
such person consents to the presence of the dog.
[Amended 7-14-2014; 6-4-2018]
[1]
Editor’s Note: The former definition of “dangerous
dog,” which immediately followed this definition, was repealed
6-4-2018.
[2]
Editor's Note: The former definition of "nuisance companion
animal," which immediately followed this definition, was repealed
6-4-2018.
[3]
Editor's Note: The former definition of "responsible party,"
which immediately followed this definition, was repealed 6-4-2018.
[Amended 7-14-2014; 6-4-2018]
A.
It is unlawful for any dog, licensed or unlicensed, to be at large,
except when used for hunting. The owner/keeper of any dog found at
large shall be subject to the civil penalties provided in Title 7,
Chapter 719, of the Maine Revised Statutes Annotated. Dogs on public
property are also subject to the regulations set forth in this Code.
B.
Dogs shall be considered at large when on Town-owned public property
such as cemeteries, Prince Memorial Library, and the Cumberland Historical
Society unless controlled by a leash of not more than 15 feet in length.
Dogs are permitted on all Town-owned open space located more than
100 feet from a residential property, provided that the dogs are under
owner/keeper control, except as otherwise designated below:
|
Broad Cove
[Amended 7-13-2020] |
Leash only from Foreside Road to Town Pier. Dogs prohibited
on the beach.
|
|
Knight's Pond
|
Dogs allowed under owner/keeper control
|
|
Rines Forest
|
Dogs allowed under owner/keeper control
|
|
Town Forest
|
Leash only
|
|
Twin Brook (Greely Road)
|
Dogs allowed under owner/keeper control. No dogs allowed during
posted organized activities.
|
|
Twin Brook (Tuttle Road)
|
No dogs allowed during cross-country ski season as dictated
by signage. No dogs allowed during posted organized activities. Dogs
allowed under owner/keeper control at all other times.
|
|
Val Halla
|
Leash only on pathways from March 1 to December 1. Dogs allowed
under owner/keeper control from December 2 to February 28.
|
|
West Cumberland Athletic Complex
|
Leash only
|
[Amended 4-10-2023]
All companion animals found at large/stray in violation to Title
7, Chapters 719 and 720, of the Maine Revised Statutes Annotated may
be impounded at the animal shelter or returned to the owner, at the
discretion of the Animal Control Officer.
An owner is entitled to resume possession of any impounded animal
provided that all provisions of this chapter have been met and that
all impoundment fees due under the provisions of this chapter have
been paid. Any animal not claimed after the owner has been notified
may be classified as an abandoned animal, and the animal's owner may
be subjected to all civil penalties authorized by Title 7 of the Maine
Revised Statutes Annotated.
[Amended 9-10-2012]
An owner may reclaim an impounded companion animal at the animal
shelter by paying to the Town of Cumberland a fee established by order
of the Town Council for each companion animal, plus the boarding fee
established by the shelter. The shelter will collect the Town's impound
fee.
A.
Except as provided in Subsections B and C below, no owner/keeper shall permit or allow any companion animal to bark, howl or make other sounds common to its species if such sounds recur in steady, rapid succession for 20 minutes or more or recur intermittently for one hour or more.
[Amended 6-4-2018]
[Added 6-4-2018[1]]
It shall be unlawful for any person who owns, possesses, controls,
or keeps a dog to fail to promptly remove and properly dispose of
any feces left by his/her dog on any sidewalk, street, beach, or public
owned property or private property (other than the property of the
owner of the dog or of a person who has consented to the presence
of the dog on his/her property).This provision shall not apply to
any working police dog while on duty or a disabled person who, by
reason of his/her disability, is unable to remove and properly dispose
of the feces.
[Added 6-4-2018]
An owner/keeper shall have a leash, as defined above, in his/her
possession for each dog which is off leash at all times except when
the dog or dogs are on the premises of the owner/keeper or other private
property if permitted to be there. A leash shall not include an electronic
control collar or other device.
[Added 6-4-2018]
It shall be unlawful for any person to be on the premises of
any Town-owned property while keeping, walking, exercising, controlling
or to otherwise be in custody of more than three dogs.
[Added 6-4-2018]
When proper notice has been provided, dogs shall be prohibited
on the Tuttle Road side of Twin Brook. Proper notice shall consist
of conspicuously placed signs at the entrances of Twin Brook and shall
also consist of notice, posted at least 24 hours prior to the event,
on the Town's website.
[Amended 9-10-2012; 7-14-2014]
A.
Any persons who violate § 17-3, Dogs at large, § 17-7, Animal noise, Subsection A, § 17-8, Sanitation, § 17-9, Leash required, § 17-10, No more than three dogs, and § 17-11, Dogs prohibited during certain events, shall be subject to a civil penalty of not less than $50 and not more than $250 for the first violation and not less than $100 nor more than $500 for each subsequent offense.
B.
All civil
penalties collected pursuant to this chapter shall be recovered for
the use of the Town of Cumberland and deposited in the separate account
required by Title 7 of the Maine Revised Statutes Annotated.
C.
The fine
for failure to obtain a dog license shall be $100.
D.
A person, not previously convicted of or having paid a waiver fee
for a violation under this chapter, may elect to pay a waiver fee
of the minimum penalty of $50 specified above in lieu of appearing
in court to answer the citation. Such payment must be received by
the office of the Town Clerk within seven business days from the date
the citation was issued. Upon receipt of such payment by the Town
Clerk, the Animal Control Officer or Police Officer shall cause the
citation to be dismissed. A person, having been previously convicted
of or having paid a waiver fee for a single violation of this chapter,
may elect to pay a penalty of $100 in lieu of appearing in court to
answer the citation. If a person elects to pay the minimum penalties
above in lieu of appearing in court to answer the citation, and if
the person is cited for a third or subsequent violation, the civil
penalty for the subsequent violation shall not be less than $100 nor
more than $500 and must be referred to court.
