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Animal Control Ordinance
Adopted March 17, 1986 as Amended by the First Amendment to the Animal Control Ordinance Adopted June 18, 1986.
Section 1. Purpose
The purpose of this Ordinance is to:
a. Provide for the control of dogs, cats, small pets and undomesticated animals which may become a problem within the Town of Jay.
b. To authorize the Municipal Officers to establish fees for the impounding, boarding, and disposal of dogs.
c. To authorize the Municipal Officers to contract with the Animal Control Officer to provide for Animal Control within the Town of Jay.
d. To authorize the Municipal Officers to contract with the Animal Control Shelter to provide for an Animal Control Shelter.
Section 2. Authority
This ordinance is adopted pursuant to Title 7 MRSA § 3458 and is effective upon an affirmative vote at the annual Town Meeting.
Section 3. Definitions
a. “Owner” means any person or persons, partnership, organization, association, corporation, or other entity owning, keeping or harboring a dog.
b. “At Large” shall mean a dog off the premises of the owner, unless on other premises by permission of the owner or occupant thereof, and not controlled by a leash, cord, chain, or otherwise, of not more than eight (8) feet in length, and a dog not under similar control in a vehicle being driven or parked on or in the streets or other public areas.
c. “Animal Control” shall mean control of dogs, cats, small pets or undomesticated animals.
d. “Animal Control Officer” shall be the person who is appointed annually by the Municipal Officers pursuant to Title 30 MRSA § 3452-A.
e. “Animal Control Shelter” shall be the Animal Control Shelter designated by the Municipal Officers.
f. “Impoundment Fees” shall be the fees established by the Municipal Officers pursuant to this ordinance for the impounding, boarding, disposal and other costs related to Animal Control.
Section 4. Animal Control Officer, Animal Control Shelter & Contract
The Municipal Officers shall appoint an Animal Control Officer for the Town of Jay and designate a shelter as the Jay Animal Control Shelter. The Municipal Officers shall contract with the Animal Control Officer for Animal Control within the Town of Jay. The Municipal Officers shall contract with the Animal Control Shelter for an Animal Control Shelter.
Section 5. Animal Control Officer’s Duties
The Animal Control officer shall be responsible for the Animal Control in the Town of Jay. His duties shall include, but are not limited to:
1. To assist the police and fire departments of the Town of Jay or Franklin County Sheriff’s Department whenever called upon by such department with respect to Animal Control.
2. To enforce Title 7 MRSA § 3454-3458 and § 3701-3704.
3. To attend proceedings at the District or Superior Court as necessary.
4. To comply with all the terms and conditions of his contract with the Town of Jay.
Section 5A. Animal Control Shelter
The Animal Control Shelter shall be responsible to receive all animals brought to it by the Animal Control Officer, the Jay Police Department, Franklin County Sheriff Department and Citizens of the Town of Jay. The Animal Control Shelter shall receive such animals upon the certification by person bringing the animal that he does not know who the owner is. The Animal Control Shelter duties shall include but are not limited to:
1. Providing an Animal Control Shelter that complies with all rules and regulations of the State of Maine.
2. Keeping or cause to be kept accurate and detailed records of all licensing, impoundment, and disposition of all animals coming into its control or custody.
3. Complying with all terms and conditions of its contract with the Town of Jay.
Section 6. Dogs
a. No dog shall be kept within the limits of the Town of Jay unless such dog shall have been licensed by its owner in accordance with the statutes of the State of Maine. The provisions of this section of this ordinance shall not apply to any dog belonging to an out-of-state resident visiting within the Town of Jay without the intention of becoming a resident, but the owner of such dog shall comply with the remaining provisions of this ordinance.
b. No dog shall be permitted to run “at large”, within the Town of Jay.
c. No person shall own, keep or harbor any dog that by loud, frequent or habitual barking, howling or yelping shall disturb the peace of any person or persons.
Section 7. Impoundment of Dogs
a. Un-licensed dogs, whether or not “at large”, and dogs found running “at large”, whether or not licensed, shall be taken and impounded by the Animal Control Officer in the Jay Animal Control Shelter, and there confined for a period of at least eight (8) days unless the owner shall claim the animal prior thereto,
b. No person shall interfere with, hinder or molest any Animal Control Officer in the performance of any duty of such officer, or seek to release any dog in the custody of the Animal Control Officer, except as herein provided, and
c. Any owner may regain possession of an impounded dog upon compliance with Section 6 of this ordinance, and the payment of the impoundment fees.
Section 8. Dangerous Dogs
If a dangerous, fierce or vicious dog cannot be safely taken up and impounded, such dogs may be slain by any policemen or Animal Control Officer. 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 policeman or an Animal Control Officer, whether by order of the court of otherwise, and a period of less than fifteen (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 the policeman or the Animal Control Officer slaying such dog to forthwith deliver the carcass and brain to the Chief of Police or Animal Control Officer who shall forward the brain intact to the Health Officer.
Section 9. Disposal of Dogs
Any dog impounded under the provisions of this ordinance and not reclaimed by the owner within eight (8) days shall be considered the property of the Animal Control Shelter. It may be humanely destroyed in accordance with state law or given or sold to any person. When the owner of any such impounded dog is known or can be reasonably ascertained by the Animal Control Officer, such officer shall, if possible, notify the owner within three (3) days of such impoundment, but failure to give such notice shall in no way impose any liability upon the Town of Jay or the Animal Control Officer or Animal Control Shelter for destruction or transfer to another of any dog so impounded and not reclaimed within said period of eight (8) days. An owner of a dog impounded at the Animal Control Shelter is responsible for impoundment fees whether or not he claims the animal within the eight-day period.
Section 10. Impoundment Fees
The Municipal Officers are authorized to adopt a fee schedule for charges to be imposed by the Animal Control Officer for the impoundment and custody for all dogs and other animals impounded in accordance with this ordinance. The Municipal Officers prior to adoption of such a resolution shall hold a public hearing on the proposed fee schedule. The fees allowed by the Municipal Officers shall be reasonable and shall be reasonably related to the services performed by the Animal Control Officer. The Animal Control Officer may not charge any fee in excess of the fees established by the resolution of the Municipal Officer.
Section 11. Penalty
Whoever violate the provision of this ordinance shall be punished as provided in Title 7 MRSA and/or by a fine of $25.00 for the first offense, $50.00 for the second offense, and $100.00 for each subsequent offense. In addition to the penalties in the preceding section, the Animal Control Officer, may bring a civil action against the owner of any dog running “At Large”, and that owner commits a civil violation for which a forfeiture of not less than $25.00 nor more than $100.00 shall be adjudged.
Section 12. Repealer
The Dog Ordinance adopted April 21, 1972 and revised March 1977 is hereby repealed.
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