[Adopted 10-2-1990 as Ch. 3 of the 1990 Code]
As used in this article, unless the context indicates otherwise, the following terms shall have the meanings indicated:
- AT LARGE
- Off the premises of the owner or keeper and not under the control of the owner or keeper or a competent person authorized by the owner or keeper, either by leash, cord, chain or otherwise.
- Both male and female.
No person shall cause or permit any dog owned or kept by him to run at large within the Town of Bar Harbor. A dog while on any premises other than that of its owner or keeper or while on any public way or place shall be under restraint and not at large within the meaning of this article if it is controlled by a leash, cord, or chain or "at heel" beside a competent person and obedient to that person's commands or on or within a vehicle being driven or parked or within the property limits of its owner or keeper. Nothing in this article shall be held to require the leashing or otherwise confining of any dog, except a bitch in heat, while on the premises of its owner or keeper. A leash, cord or chain used to restrain a dog shall not be more than eight feet long.
The owner or keeper of any bitch in heat shall keep the same confined or otherwise restrained by a leash, cord, or chain at all times that said bitch is in fact in heat.
Any dog found running at large or not restrained as defined by the terms of this article shall be taken up by any law enforcement officer duly authorized to enforce the laws of the State of Maine and the ordinances of the Town of Bar Harbor and impounded in the shelter designated by the Town Council as the Town Animal Shelter and there confined in a humane manner until claimed by its owner or keeper. If said dog is not claimed by its owner or keeper at the expiration of 10 days from the date of its impoundment, then the person in charge of said animal shelter may give away, sell or otherwise humanely dispose of said dog.
Upon the taking up of said dog found running at large and not under restraint, said law enforcement officer shall immediately notify the owner or keeper of said dog. In ascertaining the owner or keeper of said dog the law enforcement officer may rely upon the records of the Town of Bar Harbor or any other information reasonably calculated to make known to him the owner or keeper of said dog.
In order to claim a dog impounded under the provisions of this article, the owner or keeper of said dog shall make known the fact of his ownership or custody to the person in charge of the animal shelter containing said dog and shall pay to the Town Clerk the sum of $5 per day for each day that said dog is so confined, and upon the second and all subsequent impoundments of the same dog the owner or keeper shall pay the sum of $10 per day.
The Town Council shall designate as the Town Animal Shelter any veterinarian licensed under the laws of the State of Maine, humane society or other shelter deemed by the Council suitable for this purpose and is hereby authorized to enter into financial arrangements with the owner or owners of any animal shelter so selected by the Town Council for the purpose of providing said shelter. The fees provided for by this section shall be applied first to defray the cost to the Town for confining said dog and any surplus over and above said costs shall be placed in the general government account.
No person shall own, keep or harbor any dog which, by loud, frequent and habitual barking, howling or yelping, shall disturb the peace of any person.
Editor's Note: Original § 03.01.06, Number of dogs limited, which immediately followed this section, was deleted 5-21-2002.
A dangerous dog is hereby defined to be a dog at large which shall cause reasonable fear of bodily injury to any person by attacking or threatening to attack such person. Any such dog is hereby declared to be a nuisance. The owner or keeper of any dangerous dog shall keep the same confined in a secure enclosure or on a chain or leash controlled by the owner or keeper or competent person authorized by the owner or keeper at all times and shall not permit such dog to be at large within the Town.
It shall be unlawful for the owner or keeper of any dog, when notified that such dog has bitten any person or has so injured any person as to cause abrasion of the skin, to sell or give away such dog, or to permit or allow such dog to be taken beyond the limits of the Town, except under the care of a licensed veterinarian. It shall be the duty of such owner or keeper, upon receiving notice of the character aforesaid, to immediately place such dog under confinement for a period of at least 14 days or to deliver such dog to the Police Department. The Town Manager shall be notified immediately by the person in charge of the death of any dog while under confinement.
Any person having knowledge of someone being bitten by a dog may notify the Town Manager, and the Town Manager shall cause all dog bites referred to him to be referred to a veterinarian and his report shall be kept on file.
Any dog which shall have been bitten by another dog having or suspected of having rabies shall be immediately confined for observation as provided in this section.
It shall be unlawful for the owner or keeper of any dog, when notified that such dog has bitten any person or has so injured any person as to cause abrasion of the skin, to destroy such animal without permission from the Town Manager.
Upon positive diagnosis of rabies in any dog within the Town, the Chairman of the Council shall proclaim and invoke a Town-wide quarantine for a period of 30 days, and upon the invoking of such quarantine no animal shall be taken into the streets or be permitted to be in the streets during such period of quarantine.
During such period of rabies quarantine as herein described every animal bitten by an animal adjudged to be rabid shall be forthwith destroyed or, at the owner's or keeper's expense and option, shall be treated for rabies by a licensed veterinarian or held 30 days under quarantine by the owner or keeper in the same manner as other animals are quarantined.
In the event that there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended by the Chairman of the Council.
The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the Town Manager.
The Town Manager shall direct the disposition of any animal found to be infected with rabies.
No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by the Town Manager.
If any dangerous dog cannot be safely taken up, such dog may be slain by any law enforcement officer duly authorized to enforce the laws of the State of Maine and the ordinances of the Town of Bar Harbor. In all cases where any dog which has bitten a person or caused an abrasion of the skin of any person is slain by any said law enforcement officer, whether by order of court or otherwise, and a period of less than 15 days has elapsed since the day on which such dog bit any person or caused an abrasion of the skin of any person, it shall be the duty of said law enforcement officer slaying such dog to forthwith deliver the carcass to the Chief of Police who shall forward the carcass to the Town Manager who shall cause the same to be examined by a veterinarian.
It shall be a violation of this article for any person who owns, possesses, or controls a dog to fail immediately to remove and dispose of any feces left by his or her dog on any street, sidewalk, publicly owned property or private property of another.
Penalties for violations. Effective July 1, 1997, violation of this section shall be punishable by a civil penalty not to exceed $50 for each occurrence.
Exemptions. This regulation shall not apply to a dog accompanying any handicapped person who, by nature of his/her handicap, is physically unable to comply with the requirements of this section.