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: