This chapter is enacted pursuant to the authority
of 7 M.R.S.A. § 3950 and 30-A M.R.S.A. § 3001.
[HISTORY: Adopted by the Town of Bethel 3-1-1971.
Amendments noted where applicable.]
As used in this chapter, unless the context
otherwise indicates, the following terms shall have the meanings indicated:
Shall be an appointed position and which appointee shall
be responsible for the enforcement of this chapter and 7 M.R.S.A.,
Agriculture and Animals.
Off the premises of the owner and not under the control of
any person by means of personal presence and attention as will reasonably
control the conduct of such dog.
Both male and female, whether or not neutered.
Any person or persons, firm, association or corporation owning,
keeping, harboring or in possession of or having control of a dog.
Any police officer, animal control officer,
or constable within the Town of Bethel shall seize, impound, or restrain
any dog violating this chapter or state law and deliver such dog to
the police officer, animal control officer, or constable having jurisdiction,
who may bring suit against the owner of any dog violating this chapter
or state law.
[Amended 6-12-2024 ATM
by Art. 12]
When impounding any dog, the police officer,
animal control officer, or constable shall, at the time of such impounding,
make a complete registry entering the date of impounding and the breed,
color, sex, and general condition of such dog, as can be reasonably
ascertained, and if licensed or unlicensed and the name of the owner
or keeper, if known, on a registry form prepared, approved and supplied
by the Town Manager. A copy of this registry form shall be furnished
to the person or shelter where the dog is impounded, together with
written instructions setting forth conditions under which the dog
can be released. A copy of the registry form shall also be furnished
to the Town Clerk within 24 hours of the impounding of the dog, excepting
weekends and holidays. The Town Clerk shall post a copy of the registry
form in a conspicuous place in the Town office for a period of six
days following the date of the impoundment of the dog. Upon expiration
of eight days, if the owner of the dog has not appeared to claim the
same, then the person or shelter may give away, sell or otherwise
humanely dispose of the dog.
Any dog impounded under the provisions of this
chapter shall be released only after the following conditions have
been complied with:
A.
Such dog shall be licensed in accordance with the
statutes of the State of Maine.
B.
All impoundment charges shall be paid to the person
or shelter where the dog is impounded in accordance with fees established
by the State of Maine.
C.
When a dog is impounded as defined in § 17-3, the owner/keeper of said dog shall make payment to the impounding officer of an impound fee in an amount as stated in the Town of Bethel Fee Schedule. The impounding officer will then forward said fee to the Finance Officer or authorized representative of the Town of Bethel.
[Amended 6-14-2006]
A.
It shall be unlawful for the owner of a dog to cause
or permit such dog to disturb the peace of any person through continued
barking or howling. It shall also be unlawful for the owner of a dog
to cause or permit such dog to damage or destroy property of any person.
B.
Individuals walking one or more dogs on public property,
a public right-of-way, or any other property not owned by the individual
shall immediately remove the walked dog's excrement from the ground,
street, or sidewalk, and dispose of same in a lawful manner. Furthermore,
said individuals shall be required to carry proper means to remove
dog excrement from any ground, sidewalk, street or road, whether publicly
or privately owned, and lawfully dispose of same. This subsection
shall not apply to a disabled person using a service dog who, by reason
of the disability, is physically unable to comply with the requirements
of this subsection.
[Amended 6-12-2024 ATM
by Art. 12]
It shall be the duty of all municipal police
officers to enforce all provisions of this chapter. Further, there
shall be appointed an Animal Control Officer(s) who shall have the
prime responsibility of enforcing this chapter. Said Animal Control
Officer(s) shall be appointed by the Town Manager and shall perform
under the direction and supervision of the Town Manager or his authorized
representative.
[Amended 6-11-2003]
Any owner found in violation of any provision
of this chapter shall be guilty of a civil violation and, upon conviction
thereof, shall be fined in accordance with applicable Maine State
Statutes. All fines so assessed shall be recovered for the use of
the Town of Bethel through the District Court.