Harpswell voters will decide in June whether to let officials issue citations for dog owners who violate leash rules on town-owned properties such as Cliff Trail and George J. Mitchell Field.
At its April 9 meeting, the Harpswell Select Board voted 3-0 to place the measure on the June 9 ballot. It would amend Harpswell’s existing Animal Control Ordinance to allow the board to set fines for dog owners who ignore leash rules on town property.
The ballot measure was proposed by the Town Lands Committee, which said it has received numerous complaints from residents about dog owners breaking the rules.
“Over the last few months — or probably longer than that — (town officials) have all gotten concerns about people not following the rules with dogs off leash,” Ken Oehmig, co-chair of the Town Lands Committee, told the Select Board. “The worst problem is on the Cliff Trail, but probably not limited to that.”
Under the current rules, dogs must be leashed from 10 a.m. to 4 p.m. at Cliff Trail, Devil’s Back and Mitchell Field, and under owner control at all other times. Giant’s Stairs requires leashes at all times, while Mackerel Cove only requires dogs to be under owner control.
Harpswell’s animal control officer has the authority to issue fines of up to $500 to dog owners who allow their pets to run at large or cause a nuisance. However, there is currently no enforcement mechanism for leash rules on town property, other than asking violators to leash their dogs or leave.
“We have penalties for dogs at large, barking dogs (and) nuisance dogs, but what we’re trying to do here is to make sure it’s clear that the board has the authority to establish rules on town property,” Town Administrator Kristi Eiane said during a public hearing immediately prior to the Select Board vote.
The draft amendment does not specify how much violators would be fined. Town officials said state law appears to let municipalities impose fines of $50 to $250 for leash violations on public property. The Select Board would determine the penalty amount if the amendment is approved.
Some residents have called for Harpswell to require dog owners to leash their dogs at all times when on town property. Select Board Chair Kevin Johnson said that could happen if imposing fines doesn’t solve the problem.
“If we can get this policy in place where there’s some meat — that animal control and sheriff’s deputies can hand out fines — (we’ll try it) before we do the option of leash only on all the trails, or at least the Cliff Trail,” Johnson said.
Select Board members David Chipman and Matt Gilley agreed. “I think it’s silly to change a rule if you can’t enforce the rule that you’re changing,” Gilley said.
Chipman noted that neighboring towns with stricter leash laws, such as Bath and Brunswick, also have designated dog parks, which Harpswell lacks.
Several residents at the hearing voiced support for adding fines, although some said they would likely be more effective in open areas such as Mitchell Field than on trails, where those enforcing the rules would have a harder time witnessing and responding to violations.
“I think enforcement at Mitchell Field is practical,” said Harpswell resident Ned Simmons, who served on a 2020 task force to mitigate problems with unleashed dogs on public property. “My sense is that it won’t have a huge effect (on Cliff Trail).”
Harpswell Neck resident Denise Perry said the town’s current approach to enforcing its dog rules doesn’t work for her. Perry said she has been told it’s her responsibility to identify violators and keep them occupied until law enforcement arrives.
“When I’m attacked by a dog — and I have been attacked before — I am not going to stay around and ask that person, ‘What’s your name?'” Perry told the board. “I’m not going to stand around and say, ‘Can you hold on? I’ve got to call 911.’ Because they’re not going to stay; they’re going to bolt as fast as they can.”
