Charged with Having a Dog At Large. Court citation. Berwick, Maine 7/2014

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My dog never left the edge of the property where my mother was caring for him (her home, not mine) He had been there many many times before. Has total voice command control with myself, my daughter and my mother as well as anyone who he knows. Very obedient. A jogger along the edge of the driveway...swatted at him as he barked in warning to him...not sure if it was a bite-the man had a superficial scratch on hand after swatting my dog. May have been unintentional as dogs 4 feet remained on the ground. no attack. no leg bite, no chase. only barking in warning. my mother called him to come..he did. no hesitation. Still I was charged, due in court tomorrow at 1pm. wondering my best defense. Charge- dog at large tho.not dog bite. I was not present. Pay fine or fight? I feel dog was Provoked.

Attorney Answer

1
Anthony Ferguson ·
The maximum fine for a first violation is $250, so what do you have to lose by contesting it? Under the factual scenario recited by you, I do not believe that you are in violation of this statute. I have concerns about your statement that you are unsure if your dog bit the jogger, but even if that occurred, it does not implicate the dog running at large statute There is no requirement that you leash your dog. This is from a State of Maine web page: According to Title 7, section. 3911 it is “unlawful for any dog… to be at large, except when used for hunting.” A definition of "at large” is found at Title 7, section 3907, sub-section 6. It does not specify that a dog has to be on a leash. Municipalities can enact local ordinances requiring dogs to be on leashes. http://www.maine.gov/legis/lawlib/whatis.htm#dogs Good luck to you.
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