[Amended 11-18-1985 by Ord. No. 225; 12-19–1988 by Ord. No. 532; 1-6-1992 by Ord. No. 244; 6-17-1999 by Ord. No. 123; 10-6-2008 by Ord. No. 162; 11-6-2008 by Ord. No. 183; 12-16-2010 by Ord. No. 183]
The Chief of Police, with the approval of the City Manager,
shall appoint one or more Animal Control Officers.
A.
Any dog
not licensed in accordance with 7 M.R.S.A. § 3923-A and
found at large may be taken by a police officer or Animal Control
Officer to a licensed veterinarian or Humane Society shelter and kept
there for a maximum period of six days.
B.
The owner
of such dog may, within such period, claim the dog upon payment of
the daily boarding fee for the time such dog was retained plus an
impound fee which shall be set from time to time, and a schedule of
such fees is on file in the office of the City Clerk.
C.
In addition
to all boarding and impound fees, the owner/keeper must provide evidence
that the dog, if more than six months of age, is currently licensed.
[Amended 1-6-2022 by Ord. No. 21-228]
D.
If a dog
is not claimed, the veterinarian or shelter, at the end of the six-day
period, may give away, sell or otherwise humanely dispose of such
dog.
A.
Any dog found upon any public way within the City which, after written or verbal notice from the Animal Control Officer or police officer to its owner or keeper, chases motor vehicles, does damage to persons or property, or constitutes a public nuisance may be taken by a police officer or Animal Control Officer to a licensed veterinarian or Humane Society shelter, retained and disposed of as provided for in § 119-4.
B.
A dog or
cat shall be considered a nuisance if it damages, soils, defiles or
defecates on public walks and recreation areas, or private property
other than the owner's unless such waste is immediately removed and
properly disposed of by the owner or keeper; causes unsanitary, and
dangerous, or offensive conditions; causes a disturbance by excessive
barking or other noisemaking; chases vehicles; or molests, attacks
or otherwise interferes with any person or other domestic animals
on public property. Notwithstanding other provisions in this Code,
any owner or keeper who allows a dog to be in violation of this subsection
shall be subject to a fine of $100.
A.
No owner
or keeper having custody of any animal or bird which causes a noise
disturbance shall allow the animal or animals or bird or birds to
unnecessarily annoy or disturb any person by continued or repeated
barking, howling, or making other sounds common to its species.
B.
Upon written
complaint, signed by the complainant, the Animal Control Officer or
police officer shall investigate and may give notice to the owner
or keeper of such animal or bird that the annoyance or disturbance
must cease.
A.
The owner
or keeper of any bitch in heat shall keep the same confined or on
a leash at all times and shall not permit such dog to be at large
within the City or any premises other than those of the owner.
A.
No owner or keeper of a dog shall permit such animal to be upon a public way as defined in Chapter 1, Article II, Definitions; Interpretation, unless such animal is controlled by a leash (as defined in § 119-10) or within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper. Nothing in this section shall be held to require the leashing of any dog while on private premises. If any person violates the provisions hereof, he shall be deemed guilty of a misdemeanor.
B.
Any police officer or Animal Control Officer within the City shall seize, impound or restrain any dog kept in violation of this section and any dog running at large and deliver such dog to a licensed veterinarian or Humane Society shelter, to be kept there and disposed of in accordance with § 119-4.
C.
No dog shall be released by the veterinarian or Humane Society shelter
unless such owner or keeper has paid the current impoundment fee.
[Amended 1-6-2022 by Ord. No. 21-228]
The owner, keeper or any other individual who has responsibility
of a dog shall keep such animal controlled by a leash when such animal
is on the property of a school, City park, community center, playground,
the Rail Trail, Greenway Trail, Augusta Nature Center trails and other
designated trails.
As used in this article, the following terms shall have the
meanings indicated:
Areas and facilities that are under the City's or School
Department's ownership and/or care, custody and control that are designated
and used for the conduct of athletic or other City and/or school-affiliated
and -sanctioned events.
An area physically defined and designated by City as an off-leash
area where dogs may move about without a leash attached. The area
will be designated by signage stating as such.
Feces (also called "stool"); the solid waste that is left
after food is digested.
A physical tether designed to be used as a lead that is attached
to the dog's collar and not more than eight feet in length; includes
the use of retractable leads that shall be extended no more than eight
feet while in City parks, schools grounds, designated trails and others
areas where the eight-foot designation is in effect. A leash is not
an electronic collar device or any other electronic device that can
be used to control behaviors.
Any area under the City's ownership and/or care, custody
and control that has been designated and used as a public gathering
place by the public where a playground may or may not exist.
A public area contained within a City park that is managed
by the City that has play structures such as swings, slides, climbing
structures and swimming pools.
As defined under the Maine Human Rights Act 95 M.R.S.A. § 4551
et seq.) and the Federal Americans with Disabilities Act.
A.
Rules.
(1)
You enter the park at your own risk.
(2)
The park will be open from dawn to dusk.
(3)
You are legally responsible for your dog's behavior, and you alone
are responsible for your dog's well-being.
(4)
All dogs must be leashed until they are inside the fenced, off-leash
area.
(5)
Inside the fenced play area, watch your dog and have leash with you
at all times.
(6)
No children four years old and under are allowed inside the dog park.
(7)
Children five years old through 12 years old must be with a supervising
adult.
(8)
Bare feet are prohibited.
(9)
It is advisable for people of all ages to wear shoes, rather than
sandals, in a dog park.
(10)
Dogs must be properly inoculated; licensed, wearing a collar
with ID and rabies tags, and free of viral infections.
(11)
No aggressive dogs are allowed in the park.
(12)
Female dogs in heat or puppies under four months of age are
not allowed in the park.
(13)
No more than two dogs per person may enter the group play areas.
(14)
Remove choke or pinch collars and head halters before entering
the fenced area. If such a collar or halter catches on a fence or
another dog's tooth, it can cause panic and serious injury.
(15)
Dog waste. Dog owners are required to pick up their dog's waste
promptly inside and outside of the off-leash area.
(16)
Fill in all holes that your dog digs.
(17)
Humans shall not eat, smoke, or run inside the dog park.
(18)
Do not give treats to anyone else's dog.
(19)
Leave your dog's favorite toy and all rawhide chews at home.
(20)
If your dog seems timid, stressed, overly aroused, or aggressive,
please take him or her out of the off-leash area.
(21)
Any dog park user may ask someone who is not abiding by the
rules to leave.
(22)
In case of a dog bite, call the police at 626-2370; in an emergency,
call 911. Any dog bite to a human being must be reported immediately
to the Augusta Police Department.
(23)
Failure to abide by the dog park rules may be grounds for ejection
from the dog park and City parks.
B.
Ejection from dog park. Dogs as a result of their behaviors and verified
complaints or dogs who pose a threat to the welfare and well being
of other dogs and/or people may be permanently banned from the dog
park. The Director of Community Services, in cooperation with the
City's Animal Control Officer and in consultation with the Chief of
Police, will be responsible for making the ban determination and shall
issue a "no trespass" order to the owner of the dog through the Office
of the Chief of Police.
A.
Dogs and other pets are prohibited from school and City park athletic
fields/facilities, including during athletic events and other special
events utilizing said facilities/areas.
B.
During athletic events utilizing the Augusta Nature Center trails,
the prohibition against pets shall also include the Augusta Nature
Center trails that are not under the City's or school's jurisdiction.
C.
Service animal exemption. Restrictions to access shall not be imposed
on people with service animals; however, the handler is responsible
for the immediate clean up of any waste from the service animal. Further,
service animals shall be under the control of the handler at all times.
D.
Dogs and other pets may be permitted in these areas for special circumstances
and as approved by the administration of either the school for school
properties or City for City-managed properties on a case-by-case basis.
E.
Pet prohibited sign wording.
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PETS PROHIBITED
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For the safety of your pet and people using this area, pets
are prohibited on all athletic fields and are not allowed at this
facility during athletic events and other sanctioned and special events
unless so authorized by either the Augusta School Board or Augusta
City Council.
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All dog owners and keepers are required to immediately and properly
dispose of their dog's solid waste deposited on any property, public
or private, not owned or possessed by that person.
