[HISTORY: Adopted by the Town of Kennebunkport as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-10-1984; amended 6-18-2005]
The owner of a dog or dogs, or the person having control over
a dog or dogs, which disturb the peace of any person by frequently
and habitually barking, howling, or creating other noise shall be
punished, on the first offense, by a fine of not more than $50. The
second offense within a six-month period shall be punished by a fine
of not more than $100. The third offense within a one-year period
shall be punished by a fine of not more than $500 and the Town may
ask the court to order that such dog or dogs be forthwith removed
from Town. All costs incurred by the Town as a result of prosecution,
including attorneys' fees, shall be recoverable from the owner or
person having control of said dogs.
[Adopted 6-13-2015; amended
in its entirety 6-8-2021]
A.
The purpose of this article is to require that all animals in the
Town of Kennebunkport be kept under the control of their owner or
keeper at all times so that they will not injure persons or other
animals, damage property or create a public safety threat.
B.
The provisions of this article that apply to the owner of an animal
apply equally to any person keeping, or having control, custody or
possession of that animal.
As used in this article, the following terms shall have the
meanings indicated:
Every living, sentient creature not a human being.
Control of dogs, cats and domesticated or undomesticated
animals.
Any person appointed by the Town of Kennebunkport to enforce
animal control laws.
A facility that includes a physical structure that provides
temporary shelter to stray, abandoned, abused or owner-surrendered
animals.
Off the premises of the owner, unleashed and not under the
voice and sight control of a responsible party.
The beaches within the Town of Kennebunkport commonly referred
to as "Goose Rocks Beach," "Colony Beach," and "Cleaves Cove."
Any of large and varied groups of domesticated animals in
the canine family.
Handheld device, 15 feet or less in length, which can be
used to restrain a dog.
Any beach area on Goose Rocks Beach, Colony Beach or Cleaves
Cove, that is designated by the Board of Selectmen or designee for
special protection of piping plovers or other endangered species based
upon scientific and historical data, where dogs may be either prohibited
entirely or permitted only if on-leash based on time of day and/or
date, as provided herein or pursuant to rules adopted hereunder. This
designation may be seasonal or permanent.
Any beach area on Goose Rocks Beach, Colony Beach or Cleaves
Cove, that has been roped off, fenced off or otherwise demarcated
or posted by governmental officials or their agents to protect the
nesting site of a piping plover or of any other endangered species
protected under federal or state law.
Owner or any person of persons, firm, association or corporation
owning, keeping or harboring an animal or any person having custody,
possession, or control of an animal.
Any person who has custody, possession or control of a dog,
whether or not that person is the owner.
"Voice control" means that the dog returns immediately to
and remains by the side of the responsible party in response to the
responsible party's verbal command. "Sight control" means that the
dog is always within sight of the responsible party and the dog is
capable of complying with voice control. If a dog approaches or remains
within 10 feet of any person other than the responsible party, that
dog is not under voice control and is in violation of this article
unless such person has communicated to the responsible party by spoken
word or gesture that such person consents to the presence of the dog.
A dog barking repeatedly is not considered under voice and sight control.
A.
At-large dogs. It is unlawful for any dog, licensed or unlicensed,
to be at large within the Town of Kennebunkport, except when used
for hunting. Dogs shall be considered at large unless leashed or under
voice and sight control of a responsible party. A responsible party
shall maintain control of their dog(s) at all times, not allow the
dog(s) to charge, chase or display aggression towards any person,
or disturb or harass any person, other dogs or wildlife. A responsible
party shall have a leash in his/her possession for any dog that is
off leash. The owner of any dog found at large or otherwise in violation
of this section will be subject to the civil penalties provided in
the article and/or Maine state law, 7 M.R.S.A. § 3911.
B.
Dogs leashed. A leash shall be used to restrain a dog: (a) if the
dog fails to respond to voice commands when off the premises of the
owner, (b) when a dog is walking with a responsible party on roads
and sidewalks in the Town of Kennebunkport, or (c) if the responsible
party is ordered by the Animal Control Officer or a law enforcement
officer to leash the dog. The owner of any dog found in violation
of this section will be subject to the civil penalties provided in
the article.
C.
Impoundment or return of at-large dogs. All dogs found at large in
violation of this article or Title 7, M.R.S.A. § 3911 may
be impounded at the animal shelter or returned to the owner, at the
discretion of the Animal Control Officer or law enforcement officer.
D.
Licenses. No dog shall be kept within the limits of the Town of Kennebunkport
unless such dog is licensed by the owner in accordance with Maine
State Law.
E.
Rabies tags. Rabies tags obtained from a veterinarian for immunization
against rabies must be securely attached to the dog's collar and must
be worn by the dog for which the tag was issued except when the dog
is hunting, in training or in an exhibition or on the premises of
the owner.
F.
Control of animal waste. An owner or responsible party must remove
and dispose of any feces left by his/her animal on any sidewalk, street,
beach, public property or private property (other than the property
of the owner of the animal or of a person who has consented to the
presence of the animal on his or her property). Deposit of feces left
off property of the owner shall be placed in an appropriate litter
receptacle.
A.
Authority. The Board of Selectmen shall have the authority to adopt specific rules governing dogs on Goose Rocks Beach, Colony Beach and Cleaves Cove that are more restrictive than the provisions of § 16-4 or 16-5B of this article. For example, the Board of Selectmen or designee may designate limited dog access areas on these beaches for special protection for piping plovers or other endangered species based upon scientific and historical data consistent with state and federal laws governing endangered species. For specific rules governing dogs on Goose Rocks Beach, the Board of Selectmen shall have the authority to adopt such rules after consultation with the Goose Rocks Beach Advisory Committee, in accordance with § 24-11D of the Beach Use Ordinance for Goose Rocks Beach.
B.
Dog restrictions on beaches. The following restrictions apply to
dogs on the following beaches located within the Town of Kennebunkport:
Goose Rocks Beach, Colony Beach and Cleaves Cove.
(1)
An owner or responsible party shall always be required to leash their
dog on any of the applicable beaches referenced above when directed
to do so by a law enforcement officer or Animal Control Officer.
(2)
Pet waste must be picked up immediately and disposed of properly
in an appropriate litter receptacle.
(3)
From April 1 to September 15 dogs may be on the beach at any time of day except as set forth in Subsection B(4) below but must be on leash at all times.
(4)
From June 15 through Labor Day, dogs are not permitted on the beach
from 9:00 a.m. to 5:00 p.m. This provision does not apply to use of
a service dog by a person with a disability when the dog is required
to perform work or tasks directly related to the person's disability.
(5)
From September 16 through March 31, if under voice and sight control, dogs may be off leash on the beach, except for the hours of 12:00 noon to 6:00 p.m. when they must remain on leash, and except to the extent the rules in Subsection B(1) above may require otherwise.
(6)
At any time that a dog is permitted to be on the beach, the dog must
be kept at least 200 feet away from a nesting area, except that lawns
or upland properties within 200 feet of a nesting area are excluded
from this requirement.
Notwithstanding the general rules found in § 16-4 herein, the Board of Selectmen shall have the authority to adopt specific rules governing dogs on other publicly owned or operated lands located within the Town of Kennebunkport, such as public parks.
A.
Any person who violates any provision of this article shall be subject
to civil penalties for each violation, as follows:
(1)
First violation: not less than $50 and not more than $100, plus costs
and reasonable attorneys' fees.
(2)
Second violation: not less than $100 and not more than $250, plus
costs and reasonable attorneys' fees.
(3)
Third and subsequent violations: not less than $250 and not more
than $500, plus costs and reasonable attorneys' fees.
C.
All civil penalties collected pursuant to this article shall be recovered
to the use of the Town of Kennebunkport and deposited in the separate
account required by 7 M.R.S.A. § 3945.
D.
A person issued a civil violation citation for violating this article
may elect to pay the minimum penalty specified above for each violation
alleged in the citation, in lieu of appearing in court to answer the
citation. Such payment must be received at the Office of the Town
Clerk in the amount specified by the Animal Control Officer by the
seventh day prior to the court appearance date specified in the citation.
Upon receipt of such payment by the Clerk, the Animal Control Officer
or law enforcement officer shall cause the citation to be dismissed.
However, the violations alleged in the citation shall be deemed admitted
for purposes of assessing any future penalties under this section.
If any part of this article shall be held invalid, such part
shall be deemed severable and the invalidity thereof shall not affect
the remaining parts of this article.
