Town of Kittery, ME
York County
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Table of Contents
Table of Contents
If in conflict with any section of this chapter, the provisions of Chapter 12.4 (Seapoint/Crescent Beaches) or Chapter 12.5 (Fort Foster) will apply.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section.
Includes municipal police officer.
Off the premises of the owner, unless:
Controlled by a leash, cord or chain of not more than eight feet in length;
Within a vehicle or under restraint in an open vehicle being driven or parked on a public way; or
Under the control of a person whose personal presence and attention would control the conduct of the dog.
Any person keeping or harboring a dog.
The licensing provisions of this chapter do not apply to any dog belonging to a nonresident visiting within the Town without the intention of becoming a resident, but the owner of such dog must comply with the remaining provisions of this chapter.
For the purpose of discharging the duties imposed by this chapter and to enforce the provisions of this chapter, any animal control officer is empowered, with the consent of the owner or occupant thereof, to enter upon any premises on which a dog is kept or harbored and demand the exhibition by the owner of the dog and the license of such dog.
No person may interfere with, hinder or molest any animal control officer in the performance of the officer's duty or seek to release any dog in the custody of an animal control authority, except as provided in this chapter.
It is the duty of an animal control officer to keep, or cause to be kept, an accurate and detailed record of the licensing, impoundment and disposition of all dogs coming into the officer's custody.
No dog may be kept within the limits of the Town unless such dog has been licensed by its owner in accordance with the statutes of the state.
Unlicensed dogs, wherever found, or dogs found running at large will be taken by an animal control officer and impounded in an animal shelter. Such animal may be confined for a period of not fewer than 10 days unless earlier reclaimed under the provisions of § 6.1.9.
Any dog impounded in accordance with this chapter may be reclaimed upon payment of the total fees for board. This fee is paid to the keeper of the animal.
A dog owner may reclaim an impounded dog upon compliance with § 6.1.6 and upon payment of the boarding fees set forth in §  6.1.8. Any dog impounded under the provisions of this chapter and not claimed by the owner within the ten-day period is considered abandoned by the owner and the property of the animal shelter. The dog may be given, after consultation with the Humane Society and/or the Animal Refuge League, to the Humane Society or the Animal Refuge League or to any person deemed to be responsible and a suitable owner, who will agree to comply with the provisions of this chapter or humanely destroy the animal.
Where the ownership of an impounded dog is known, or can be reasonably ascertained by an animal control officer, such officer shall, if possible, notify the owner within three days of such impoundment, but failure to give such notice does not impose any liability upon the Town for the destruction or transfer to another of any dog so impounded and not reclaimed within the required period.
Whenever any dog bites a person, the owner of such dog must immediately notify an animal control officer, who may order the dog held on the owner's premises or have it impounded for a period of two weeks. The dog must be examined immediately after it has bitten any person and again at the end of the two-week period. If at the end of the two weeks a veterinarian is convinced that the dog is then free from rabies, the dog is released from quarantine or from the pound, as the case may be. If the dog dies within the period, its head must be sent to the State Department of Health for rabies examination.
No person owning any dog may suffer or permit such dog to disturb the peace and quiet of the neighborhood by continuous barking, by making other loud or unusual noises, or by running through or across cultivated gardens or fields.
No dog is permitted to run at large within the limits of the Town; however, this section does not prohibit the owner of a dog from using such dog for hunting, provided the dog is under the control of its owner.
It is a violation of this chapter for any owner of a dog to fail to remove and properly dispose of feces left by his or her dog(s) on any improved portion of public ways or sidewalks.
Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.