ORDINANCE RESTRICTING THE CONDUCT OF DOGS IN THE TOWN OF GREENBUSH

Section I. Definitions

Terms, as used in the ordinance, shall have the following meaning, unless the context indicates otherwise:

1.) Dog shall be intended to mean both male and female canines.

2.) Owner means any person or persons, firm, association or corporation owning, keeping or harboring a dog.

Section II. Barking or Howling Dog

It shall be unlawful for any owner of or person harboring any dog in the Town of Greenbush to permit or allow such dog to engage in loud, frequent, or habitual barking, howling or yelping or to conduct itself in such a manner so as to unnecessarily annoy or disturb the peace of any person other than the owner or owners harboring such a dog.

Section III. Enforcement

Any person who is unnecessarily annoyed or disturbed by a dog acting in violation of this ordinance may file a written, signed complaint with the Municipal Constable or Animal Control Officer specifying the objectionable conduct of the dog, the date and time thereof, a description of the dog, and the name and residence, if known, of the owner or other person harboring said dog. Upon receipt of such complaint, the Municipal Constable or the Animal Control Officer shall investigate and may give written notice to the owner or keeper of such dog that such annoyance or disturbance must cease. The warning shall be made part of the complaint. In the event that another complaint of such nature is received by the Municipal Constable or Animal Control Officer concerning the same animal within one (1) month from the date of the initial complaint, the Municipal Constable or Animal Control Officer may cause a complaint to be filed before any District Court in Penobscot County. It shall be the duty of all Municipal Constables and Animal Control Officers to enforce the provisions of this ordinance.

Section IV. Penalty

Upon complaint before District Court, any person found violating any of the provisions of this ordinance shall be guilty of a civil violation and punishable by a fine of $25.00 for a first offense, $50.00 for a second offense and $100.00 for a third and each subsequent offense. All fines so assessed and attorney fees shall be recovered for the use of the Town of Greenbush through District Court.

Section V. Waiver Court Hearing for Violation

Any person accused of keeping a howling or barking dog in violation of this ordinance or any part hereof may voluntarily waive his or her right to appeal and defend before the District Court the charge made against him or her for violation of this ordinance by paying to the Town of Greenbush the sum of $15.00 within ten (10) days of being notified by the Municipal Constable or Animal Control Officer that a complaint will be filed with the District Court.