[HISTORY: Adopted by the Town Council of the Town of South Berwick 8-2-1978.
Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the
meanings ascribed to them in this section:
Off the premises of the owner, unless controlled by a leash, cord,
chain or unless within a vehicle or under restraint in an open vehicle being
driven or parked on the street.
Any person, firm, organization, association or corporation owning,
keeping or harboring a dog.
The licensing provisions of this chapter shall 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 shall comply with the remaining
provisions of this chapter.
No person shall interfere with, hinder or molest any dog control officer
in the performance of his duty or seek to release any dog in the custody of
a dog control authority, except as provided in this chapter.
It shall be the duty of a dog 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 his custody and maintain a record of complaints against
the dog and/or owner.
No dog shall be kept within the limits of the Town unless such dog shall
have been licensed by its owner in accordance with the statutes of the state.
[Amended 8-26-1991]
Unlicensed dogs, wherever found or dogs found running at large shall
be taken and impounded by a dog control officer in a shelter designated by
the Town as the Town Animal Shelter and there confined for a period of not
less than eight days.
[Amended 9-23-1985]
Any dog impounded in accordance with this chapter may be reclaimed upon
payment of the following charges:
A.
An impoundment fee of $25 shall be charged for each dog,
except that, upon the second impoundment of the same dog, the fee shall be
$50, and upon the third and all subsequent impoundments of the same dog, the
fee shall be $75. In addition to such fee, a further fee for board shall be
paid at the rate of $20 per dog per day of impoundment. All impoundment fees
collected shall be turned over to the Town Treasurer.
B.
If there have been no previous offenses within the preceding
period of 12 months, it would then be treated as a first offense.
A.
A dog owner may regain possession of his impounded dog upon compliance with § 69-5 and upon payment of the impoundment and boarding fees set forth in § 69-7. Any dog under the provisions of this chapter and not reclaimed by the owner within the ten-day period shall be considered to be abandoned by the owner and the property of the Town Animal Shelter and may, after consultation with the Humane Society or the Animal Refuge League, be humanely destroyed or given to the Humane Society or the Animal Refuge League or any person deemed to be responsible and a suitable owner who will agree to comply with the provisions of this chapter.
B.
Where the ownership of an impounded dog is known or can
be reasonably ascertained by a dog control officer, such officer shall, if
possible, notify the owner within three days of such impoundment, but failure
to give such notice shall in no way 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 shall immediately
notify the dog control officer, who shall order the dog held on the owner's
premises or shall have it impounded for a period of two weeks. The dog shall
be examined immediately after it has bitten anyone 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 shall then be released from
quarantine or from the pound, as the case may be. If the dog dies within the
period, its head shall be sent to the State Department of Health for examination
for rabies.
No person owning any dog shall 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.
A.
Nonlicensed dogs and dogs running at large shall be subject
to the fines as contained in 7 M.R.S.A. §§ 3911 through 3924.
[Amended 8-26-1991]
This chapter shall not replace, annul or in any way impair or remove
the necessity for compliance with any other rule, regulation, bylaw, permit
or provision of law. Where this chapter imposes a greater restriction upon
the control of animals, the provisions of this chapter shall control.
