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ORD 61-106 ANIMAL CONTROL AN ORDINANCE ELATING TO THE KEEPING AND CONTROL OF DOGS AND OTHER ANIMALS; DECLARING CERTAIN PRACTICES OF CERTAIN ANI- mALS TO BE PUBLIC NUISANCES; DEFINING OFFENSES AND PRESCRIB- IRG PENALTIES; AND REPEALING ORDINANCE NO. 65. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF WINSLOW: Section 1. Definitions. Within the provisions of this ordinance the following definitions shall obtain: a) "DOG" shall mean and include female, spaye~ female, male and neutered male dogs. b) "CAT" shall mean and include female, spayed female, male and neutered male cats. c) "ANIMAL" shall mean and include female, spayed female, male and neutered male animals, excepting any goat, horse, mule, cattle, swine or other livestock, and excepting a~y dog or cat. d) "OWNER" shall mean any person, firm or corporation owning, having an interest in, or having control or custody or possession of any dog, cat or a~imal. e) "AT LARGE" shall mean off the premises of the owner or Leeper of the dog, cat or animal, and not under restraint by leash or chain or not otherwise controlled by a competent person. f) "PERSON" shall include any person, partnership, cor- poration, trust or association of persons. g) The present tense shall include the past and future tense, and the future the present. Each gender shall include all genders. h) The singular number shall include the plural, and the plural the singular. i) Whenever a power is granted to or a duty is imposed upon the Humane Society, Poundmaster or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorize~l pursuant to the law by the officer unless this ordinance e~pressly provides otherwise. Section 2. R,,nn ing at Large on Public .._ ~_Pr. gp_e_r__t.y'· It shall be unlawful for the owner or person ha~ing-control of any dog or animal to suffer or permit under any circumstances the same, whether l~_censed or not, to run at large in any park, or to enter an~ public beach, pond, foun~tain or stre~u therein, or upon any public playground or school ground or in any puolic building. Any animal so strayin.~, entering or tloes!~issing upon such property is hereby declared to be a nuisance and shall be immediate]~y seised and impounded. Provided, that this section shall not prohibit a person from walking or ex- ercising a dog in a public park or on a public beach when such dog is on leash, or under control by a competent person, and proper safeguards are t~en to protect the public and property from ix~ury or damage from said dog. Section 3- Female Dog at Large ~_n Heat. It shall be un- lawful for any owner to permit ~ny female dog to run at large while in heat, whether or not such animal is licensed; and any such en~mal so ~;_nning at large during such period is declared to be a nuisance and shall immediately be seized and impounded. Section ~. Harboring Vicious or Dangerous D0~. It shall be ,,-lawful for an~ owner to keep, harbor or maintain on or off his premises in a m--net liable to endanger the safety of per- sons or property lawfully upon said premises, or upon any street, avenue, alley, public o~ private place within the Town, or to allow to run at large within the limits of the Town of Win. low, any vicious, menacing or dangerous dog or a dog with vicious propensities. Any such animal is hereby declared to be a nui- sance and shall be seised and impounded. Upon the trial of any person cha~ged with violating this section, the Court as a part of the penalty imposed, shall de- termine in the judgment whether or not said dog is a vicious or dangerous animal and whether or not said dog shall be humane- ly destroyed or otherwise disposed of, and the cost thereof shall be taxed as a part of and collected in the same manner as other costs in the case. Section 5. Howling and Barking. It shall be unlawful for an owner to keep or harbor any dog or other animal which, by frequent or habitual howling, yelping, barking or the making of other noises, shall annoy or disturb a neighborhood or any considerable number of persons. Any such dog or animal shall be deemed a nuisance and may be seized and impounded. Section 6. Injury to Property. It shall be unlawful for an~ owner to suffer or permit any dog or other animal to trespass on private or public property so as to damage or destroy any property or thing of value, ann the same is herebj declared to be a nuisance and any such animal may be seized and impounded. Section 7. Chasing Vehicles. It shall be unlawful for an~ owner Keeping or harboring any aog to suffer or permit such dog to chase, run dfter or jump at vehicles lawfully using the public streets, avenues, alleys and ways within the Town of Winslow, and the same is hereby declared to be a nuisance and any such dog may be seized and impounded. Section 8. Jumpinn and Barking at Pedestrians. It shall be unlawful for any owner to keep or harbor any dog or ~imal that frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys or public places of the Town, and the same is hereby decl~ed to be a nuisance end any such dog or other ani- mal may be seized and ~mpounded. animal running a within the Town of Winslow, is hereby declared to be a nuisance, and any such stray dog, cat or ani- mal may be seized ~d impounded. For the purposes of this sec- tio~ "stray dog", "stray cat" and "stray animal" shall mean a~d include any dog, cat or animal loitering in a neighborhood or any public place without an apparent owner or home. The Town marsi~all, or the authorized agent of the Town of Winslow, before picking up any dog, cat or animal under this section may require the complainant requesting such impounding first to apprehend and secure such dog, cat or animal. The com- plainant shall sign a release at the time such animal is picked up. Section lO. Livestock at Large. It shall be unlawful for any owner to let run at large any cattle, goat, horse, mule, sheep, swine or any other livestock anywhere within the limits of the Town of Winslow, and the same is hereby declared to be a nuisance and any such livestock may be seized and impounded. Section 11. Injured or Diseased Animals. Any dog or other ~n~mal suffering from serious injury or disease may be humanely destroyed by the impounding authority; provided, that the im- pounding authority shall immediately notify the owner, if the owner is Known, and if the owner be unknown, make all reason- able efforts to locate and notify the owner. Section 12. Violations - Penalty. Any person violating any of the provisions of this ordinance or who shall create, ~eep or maintain any nuisance as herein defined,, shall upon convic- tion thereof be fined in any sum not exceeding $~00.00 or im- prisoned in the Town jail for a.period not exceeding ninety days, or both such fine and imprisonment, in the discretion of the Court; an~ for each act herein prohibited, of a continuerig nature, each day shall be considered a separate offense. Pro- vided, however, that a violation of the foregoing provisions of Sections 5, 6, 7 and 8 shall not be established except upon the testimoney of not less than three witnesses sep~rately domi- ciled or steadily employed in the immediate neighborhood, as to the facts constituting the nuisance. Section 13. Violations - Abatement. Any person violating any of the provisions of this ordinance in the keeping or main- teaante of any nuisance as herein defined shall, in addition to the fine or imprisonment or both hereinabove provided for by order of the Court in such action be ordered to forthwith abate and remove such nuisance; and if the same is not done by such offender within twenty-four hours, the same shall be abated and removed under the direction of the officer author- ized by the order of said Court, which said order of abatement shall be entered upon the docket of said Court and made a part of the judgment in said action. Any such person shall be liable for all costs and expenses of abating the same ~he~ s~c-~.~ nuisance has been abated by any officer of the Town of Winslow, which said costs and expenses shall be taxed as part of th- costs of the prosecution against the party, liable to be recovered as other costs are recovered; and in all cases where the officer as authorized by the Court shall abate any such nuisance he shall ~eep an account of all expenses attending such abatement; and in addition to other powers herein given to collect such costs and expenses, the Town of Winslow may bring suit for the same in any Court of competent jurisdiction against the person Keeping or main- taining the nuisance so abated. Section l~. Severability. Should any part of this ordinance be adjudged invalid fo.~ any ~eason, such adjudication shall not' affect the validity of this ordinance as a whole or any part thereof. Section 15. Repeal. Ordinance No. 65 is hereby repealed. PASSED this ~ day of ~~ , 1961. TOWN OF WINSLOW Attest: