Link to Dangerous Dog Law

Chapter 719: UNCONTROLLED DOGS

Chapter 720. RABIES PREVENTION AND SHELTER PROVISIONS

Chapter 721: DOG LICENSES

Chapter 723. FACILITY LICENSES

Chapter 729: DAMAGE BY ANIMALS

Repealed Sections (listed at end chronologically for all Chapters).

Chapter 717. Animal Welfare Act.

§3902. Purposes; comprehensive program

§3906-B. Powers and duties of commissioner

§3906-C. Animal Welfare Advisory Council

§3907. Definitions

§3909. Enforcement

§3910-A. Forfeitures and surcharge

§3910-B. Companion Animal Sterilization Fund

Chapter 719. Uncontrolled Dogs.

§3911. Dogs at large

§3911-A. Abandonment of wolf hybrid

§3912. Disposition of dogs at large

§3913. Procedure for stray dogs

§3914. Purchase and sale of animals

§3915. Violation

Chapter 720: Rabies Prevention and Shelter Provisions.

§ 3916. Rabies vaccinations

§ 3917. Antirabies clinics

§ 3918. Violation

§ 3919. Seizure of stray cats

§ 3919-A. Procedure for acceptance and disposition of cats by animal shelter

§ 3919-B. Disposition of pet when owner is institutionalized

§ 3919-C. Animal held pending court decision

§3922. Issuance of license

§3923-A. License and recording fees

§3923-B. Tags and stickers

§3923-C. Kennel license

§3923-D. Temporary licenses

§3923-E. Monthly report

§3923-F. Veterinarian serving as dog licensing agent

§3923-G. Internet licensing project

§3924. Violation

Sec. 3. 7 MRSA § 3907, sub-§ 8-A, as amended by PL 2005, c. 510, § 3, is further amended to read:

8-A. Breeding kennel. "Breeding kennel" means a location where 5 or more adult dogs, wolf hybrids or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. "Breeding kennel" does not include a kennel licensed by a municipality under section 3923-C when the dogs are kept primarily for hunting, show, training, mushing, field trials or exhibition purposes and not more than 16 dogs are offered for sale, sold or exchanged for value within a 12-month period.

Sec. 4. 7 MRSA § 3907, sub-§ 12-D, as amended by PL 2001, c. 399, § 4, is further amended to read:

§3909. Enforcement

1. Attorney General and District Attorneys. Whenever a person has engaged in or is about to engage in an act or practice that constitutes a violation of this Part, a rule adopted pursuant to this Part or a condition of an order, license or permit approved or decision issued by the commissioner pursuant to this Part, or that constitutes a violation of Title 17, chapter 42, [FN1] the Attorney General or a District Attorney, at the request of the commissioner, may institute proceedings before the District Court or Superior Court for an order enjoining those acts or practices, an order directing compliance or imposing a civil or criminal penalty, or any combination of these actions, as provided by law. Upon a showing by the commissioner that the person has engaged or is about to engage in such an act or practice, the court may grant a permanent or temporary injunction, restraining order or other order as appropriate.
2. Designated employees of the department. For purposes of prosecution under this section, the commissioner may authorize humane agents and a state veterinarian to serve civil process pursuant to the Maine Rules of Civil Procedure, Rule 80H and any other applicable rules of court. The commissioner may authorize humane agents or a state veterinarian to represent the department in District Court in the prosecution of civil violations of these laws. Certification of the humane agents and a state veterinarian for this purpose is as provided under Title 30-A, section 4453, subsection 5. Once certified, prosecution by the humane agent or a state veterinarian may seek civil penalties as provided by law as well as a permanent or temporary injunction, restraining order or other equitable relief as the court finds appropriate.
3. Repealed. Laws 2003, c. 405, § 5.
3-A. Humane agents; training requirements. Continuing employment of a humane agent hired after October 1, 2003 is contingent upon the successful completion by that agent of a 100-hour service training program at the Maine Criminal Justice Academy or a nationally recognized training program on investigation and enforcement of animal welfare laws and the successful completion of an examination on state animal welfare laws and rules adopted pursuant to this Part.
A humane agent, regardless of appointment date, shall complete training in the handling of small and large animals and a minimum of 40 hours of training each year, including a combination of classroom and hands-on training.
4. Subpoenas. The commissioner or the commissioner's designee after consultation with the appropriate attorney for the State or the legal counsel for the department may:
A. Serve subpoenas requiring persons to disclose or provide to the department information or records in their possession that are necessary and relevant to an investigation under the animal welfare laws.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 779, § 16, eff. March 13, 1992; 1995, c. 490, § 6; 1997, c. 456, § 3; 1997, c. 683, § B-1, eff. April 3, 1998; 1999, c. 254, § 2; 2001, c. 422, § 5, eff. June 18, 2001; 2003, c. 405, §§ 5, 6; 2003, c. 536, § 3; 2005, c. 422, § 1.

[FN1] 17 M.R.S.A. § 1011 et seq.

§3910-A. Forfeitures and surcharge

     1. Forfeitures. Unless otherwise provided, any court in this State shall collect fines or forfeitures imposed for violations of this Part and pay the fine or forfeiture into the treasury of the municipality where the offense or violation was committed. The municipal clerk shall deposit and expend fines and forfeitures received in accordance with section 3945. [2001, c. 617, §6 (new).]

     2. Surcharge imposed. A surcharge of $10 must be added to every fine, forfeiture or penalty imposed by any court in this State for a violation of this Part. The surcharge, for the purposes of collection and collection procedures, is considered a part of the fine, forfeiture or penalty. All funds collected as a result of this surcharge must be deposited monthly in the Animal Welfare Fund established under section 3906-B, subsection 2. [2001, c. 710, §5 (amd); §6 (aff).]

CREDIT(S)

2001, c. 617, § 6; 2001, c. 710, § 5.

§3910-B. Companion Animal Sterilization Fund

1. Establishment. There is established the Companion Animal Sterilization Fund, an interest-bearing account, referred to in this section as “the fund.” The fund receives money deposited by the Treasurer of State pursuant to Title 36, section 5284-A, revenues generated in accordance with this section, all revenue from the surcharges collected under section 3933, subsection 4, money transferred from the Animal Welfare Fund in accordance with section 3906-B, subsection 2 and any money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used for the spaying or neutering of companion animals owned by persons meeting income limit standards and for the necessary administrative and personnel costs associated with the management of the fund and may not be deposited in the General Fund or any other fund except as specifically provided by law.

2. Subsidies; development of standards. The commissioner shall develop procedures and eligibility standards for the awarding of subsidies to low-income persons for the spaying or neutering of those persons' companion animals. Procedures and eligibility standards must be developed in consultation with veterinarians and representatives of humane societies and animal shelters.

3. Fund-raising. The commissioner or the commissioner's authorized agent may provide for the creation, reproduction, sale, licensing and distribution and other disposal of any art or other products for the purpose of generating revenues for the fund. All money generated from the sale of these items must be deposited into the fund.

CREDIT(S)

2003, c. 682, § 4; 2005, c. 281, § 5; 2005, c. 510, § 6.

Title 7. Agriculture and Animals. Part 9. Animal Welfare. Chapter 719. Uncontrolled Dogs.

    It is unlawful for any dog, licensed or unlicensed, to be at large, except when used for hunting. The owner or keeper of any dog found at large is subject to the penalties provided in this chapter.  [1999, c. 254, §3 (amd).]

CREDIT(S)

1987, c. 383, § 3; 1987, c. 643, § 1, eff. March 25, 1988; 1999, c. 254, § 3.

§3911-A. Abandonment of wolf hybrid

    A person who abandons a wolf hybrid commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged. For the purposes of this section "abandon" means to desert. For enforcement purposes a wolf hybrid is abandoned if the animal is found a distance of more than 5 miles from the premises of the owner and is not under the control of any person.  [2001, c. 129, §1 (new).]

CREDIT(S)

2001, c. 129, § 1.

§3912. Disposition of dogs at large

     1. Ownership of dog unknown. Except as provided in subsection 2, an animal control officer or person acting in that capacity shall seize, impound or restrain a dog found in violation of section 3911 and deliver it to an animal shelter as provided for in section 3913, subsection 2-A. If ownership can not be established, such a dog may be handled as a stray dog for the purpose of acceptance by an animal shelter. [1997, c. 690, §10 (new).]

     2. Ownership of dog known. An animal control officer or person acting in that capacity shall seize, impound or restrain a dog found in violation of section 3911 and, if the owner is known, shall:

A. Take the dog to its owner; or  [1999, c. 254, §4 (new).]

B. Deliver it to an animal shelter as provided in section 3913. An animal shelter receiving a dog in accordance with this paragraph shall follow the procedure for stray dogs provided in section 3913.  [1999, c. 254, §4 (new).]

[1999, c. 254, §4 (rpr).]

CREDIT(S)

1987, c. 383, § 3; 1987, c. 643, § 1, eff. March 25, 1988; 1991, c. 779, § 17, eff. March 31, 1992; 1993, c. 657, § 12; 1997, c. 690, § 10; 1999, c. 254, § 4.

§3913. Procedure for stray dogs

1. Persons finding stray dogs. A person finding a stray dog and taking control of that dog shall take that dog to its owner if known or, if the owner is not known, to the animal shelter designated by the municipality in which the dog was found.

2. Repealed. Laws 1991, c. 779, § 20, eff. March 31, 1992.

2-A. Animal shelter. An animal shelter, as defined in section 3907, to which a stray dog is taken shall accept the dog for a period of 6 days unless the shelter is in quarantine or has a bona fide lack of adequate space. The acceptance entitles the animal shelter to receive from the department the sum of $4 a day for the period for which food and shelter are furnished to the dog. An animal shelter may refuse to accept dogs from municipalities not contracting with that animal shelter.

3. Claims; fees. The procedure for filing claims and calculating fees is as follows.

A. On the business day next following the date of acceptance of a dog that is not delivered by an animal control officer or person acting in that capacity, the animal shelter shall notify the animal control officer or person acting in that capacity of the respective municipality of the acceptance of the dog, its description and the circumstances of its finding.

B. An animal shelter that accepts a dog under this section, within 45 days of acceptance of the dog, shall submit a claim on a department-approved form to the department for fees incurred in providing food and shelter and the animal shelter shall forward a copy of the claim to the clerk of the respective municipality.

C. If the owner claims the dog within the 6-day period, the owner may have and receive the dog upon payment of all department-approved fees as provided in subsection 2-A, the municipal impoundment fee and actual fees incurred for food, shelter, veterinary care and any other fees required by this chapter for each day that the dog has been sheltered, provided that the dog is licensed in accordance with chapter 721. [FN1]

4. Ownership of dog. Upon expiration of the 6-day period, ownership of the dog is vested in the animal shelter. The animal shelter may then:

A. Except as provided in section 3938-A, sell or give away the dog, but not to a research facility, if a license is first obtained in accordance with chapter 721; or

B. Otherwise dispose of the dog humanely in accordance with Title 17, chapter 42, subchapter IV. [FN2] Except as provided in this section, an animal shelter must hold a dog at least 8 days before euthanasia.

Notwithstanding this subsection, ownership of a dog for the purposes of adoption is immediately vested in an animal shelter if the animal shelter makes a determination that the dog is obviously abandoned. An obviously abandoned dog does not include a dog roaming at large.

An animal shelter shall establish and collect fees for reclaimed or adopted animals to offset costs of keeping a dog beyond 6 days.

None of the proceeds obtained from the sale, donation, adoption or other disposition of the dog may be deducted from the fee claimed.

Notwithstanding subsection 3, paragraph C, the previous owner may reacquire the dog at any time prior to its sale, donation or disposal upon payment of the municipal impoundment fee and actual fees incurred for food, shelter, veterinary care and any other fees required by this chapter for each day that the dog has been sheltered. In this case, no fee may be allowed by the department.

5. Deleted. Laws 1997, c. 690, § 11.

6. Euthanasia for severely sick, severely injured or extremely vicious dog. A humane agent, an animal control officer or an animal shelter within the State may authorize in writing immediate euthanasia of a severely sick, severely injured or extremely vicious dog upon determining that the following conditions are met:

A. The clerk or animal control officer of the municipality where the dog was found has been notified of the dog's presence and the owner of the dog, if known, has been notified; and

B. Deleted. Laws 1997, c.690, § 11.

C. A veterinarian states in writing that the dog's recovery from its injury or illness, given reasonable time and reasonable care, is doubtful or that the dog presents a danger to the public.

Notwithstanding paragraphs A to C, a veterinarian may authorize immediate euthanasia if, in the veterinarian's judgment, there is no possibility of recovery for a severely injured or sick animal.

7. Immunity from civil liability. A veterinarian, a humane agent, an animal control officer or an animal shelter is not civilly liable to any party for authorization made in accordance with subsection 6 nor is any person performing euthanasia under that authorization.

8, 9. Repealed. Laws 1991, c. 779, § 23, eff. March 31, 1992.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 622, §§ FF-12 to FF-14; 1991, c. 779, §§ 19 to 23, eff. March 31, 1992; Laws 1991, c. 779, § 52; 1993, c. 468, §§ 6, 7; 1993, c. 657, §§ 14 to 17; 1995, c. 268, § 1; 1997, c. 690, § 11; 2007, c. 439, § 6.

[FN1] 7 M.R.S.A. § 3921 et seq.

[FN2] 17 M.R.S.A. § 1041 et seq.

§3914. Purchase and sale of animals

Animal shelters, kennels, breeding kennels, boarding kennels and pet shops engaged in buying or selling animals shall keep records of the buyer and seller in each transaction for a 2-year period commencing at the time of purchase or sale. The records must be open to inspection by the department or law enforcement officers. A person not in possession of a valid license for an animal shelter, kennel, breeding kennel, boarding kennel or pet shop shall obtain a vendor's license under section 4163 prior to selling, offering for sale or exchanging for value a cat or dog.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 779, § 24, eff. March 31, 1992; 1993, c. 657, § 19; 2007, c. 439, § 7.

§3915. Violation

    Any person who violates this chapter commits a civil violation for which a forfeiture of not less than $50 nor more than $250 may be adjudged for a first violation and not less than $100 nor more than $500 for 2 or more violations.  [2001, c. 13, §1 (amd).]

CREDIT(S)

1991, c. 779, § 25, eff. March 31, 1992; 1997, c. 690, § 12; 2001, c. 13, § 1.

Title 7. Agriculture and Animals. Part 9. Animal Welfare. Chapter 720. Rabies Prevention and Shelter Provisions.

§ 3916. Rabies vaccinations

Sec. 7. 7 MRSA § 3919-D is enacted to read:

§ 3919-D. Temporary animal shelter

The department may temporarily impound animals within an enclosure other than a licensed animal shelter, and such an enclosure constitutes a temporary animal shelter. When animals are held at a temporary animal shelter for more than 21 days, the shelter must comply with the standards established by the department for licensed animal shelters.

Part 9. Animal Welfare. Chapter 721. Dog Licenses.

§3921. License necessary

A dog may not be kept within the limits of the State, unless the dog has been licensed by its owner or keeper in accordance with the laws of this State.  [1997, c. 690, §13 (amd).]

Any law enforcement agency within the State, counties or municipalities owning dogs for law enforcement purposes shall be required to license the dogs in the municipality in which they are domiciled, but shall be exempt from any license or recording fee, provided that all other licensing requirements are fulfilled.  [1987, c. 383, §3 (new).]

CREDIT(S)

1987, c. 383, § 3; 1995, c. 409, § 3; 1997, c. 690, § 13.  

§3921-A. Permanent identification of wolf hybrids

The commissioner shall adopt rules to establish methods of identifying wolf hybrids through tattooing, the placement of a microchip under the animal's skin or any other method determined by the commissioner as adequately providing a permanent means of identification on the body of the animal. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. A person may not own or keep a wolf hybrid unless the animal has identification in compliance with the rules adopted under this section.  [2001, c. 129, §2 (new).]

CREDIT(S)

2001, c. 129, § 2.

§3922. Issuance of license

1. License; January 1st. Each owner or keeper of a dog at the age of 6 months or more, on or before January 1st of each year, shall obtain a license:

A. From the clerk of the municipality where the dog is kept;

B. From the dog recorder in the unorganized territory where the dog is kept or, in the absence of a duly authorized dog recorder, from a dog recorder in the nearest municipality or unorganized territory in the same county where the dog is kept;

C. From a veterinary licensing agent in accordance with section 3923-F; or

D. From the department using the Internet in accordance with section 3923-G.

2. License; after January 1st. The owner or keeper, within 10 days of the conditions of paragraph A or B being met, shall obtain a license, if between January 1st and October 15th of any year:

A. A dog reaches the age of 6 months or more; or

B. A person becomes the owner or keeper of a dog aged 6 months or more.

3. Proof of immunization. A municipal clerk may not issue a license for a dog until the applicant has filed with the clerk proof that the dog has been immunized against rabies in accordance with rules adopted by the Commissioner of Health and Human Services, except that the requirement of immunization may be waived by the clerk under conditions set forth by the Commissioner of Health and Human Services.

The commissioner shall adopt rules that allow the clerk and the commissioner to accept valid proof of immunization against rabies provided by another state.

3-A. Repealed. Laws 2007, c. 439, § 13.

3-B. Proof of permanent identification. A municipal clerk may not issue a license for a wolf hybrid until the applicant has filed with the clerk proof that the wolf hybrid has been permanently identified in accordance with section 3921-A.

4. Trained guide dogs. If a trained dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk shall not register the dog nor issue to its owner or keeper a license and tag unless written evidence is provided that the dog is trained and educated and intended to perform guide service for the applicant.

5. Form of license. The license must state the breed, sex, color and markings of the dog, whether the animal is a dog or wolf hybrid and the name and address of the owner or keeper. If the person applying for a license declares that the dog is a wolf hybrid, the license must state that the dog is a wolf hybrid. The license must be issued in triplicate and the original must be given to the applicant and the remaining 2 copies must be retained by the municipal clerk or dog recorder.

6. Designation of wolf hybrid. An owner or keeper of a dog declared as a wolf hybrid may not change the license designation. A dog that has been declared a wolf hybrid must be treated as a wolf hybrid in accordance with Title 22, chapter 251, subchapter 5. The procedure prescribed under Title 22, chapter 251, subchapter 5 for a wolf hybrid suspected of having rabies does not change based on proof that the wolf hybrid has received a rabies vaccination.

CREDIT(S)

1987, c. 383, § 3; 1987, c. 643, § 2, eff. March 25, 1988; 1993, c. 468, § 25; 1993, c. 657, §§ 20, 21; 1995, c. 409, § 4; 1997, c. 690, § 14; 1997, c. 704, §§ 7 to 10; 2001, c. 129, § 3; 2001, c. 422, §§ 6, 7, eff. June 18, 2001; 2003, c. 405, §§ 10 to 12; 2003, c. 689, § B-6; 2007, c. 439, §§ 12 to 14.

§3923-A. License and recording fees

Except as provided in subsection 3 and section 3923-C, a dog owner or keeper obtaining a license from a municipal clerk or dog recorder shall pay the license and recording fees established in this section.

1. Dogs capable of producing young. A dog owner or keeper shall pay a fee of $11 to the municipal clerk for each dog 6 months of age or older and capable of producing young.A dog is considered capable of producing young unless certification under subsection 2 is provided.

The municipal clerk shall retain a $1 recording fee and pay the remaining $10 to the department for deposit in the Animal Welfare Fund.

2. Dogs incapable of producing young. A dog owner shall pay a fee of $6 to the municipal clerk or to a veterinary licensing agent for each dog 6 months of age or older and incapable of producing young. A dog is considered incapable of producing young when the owner provides the following:

A. A written certificate issued by a veterinarian stating that the veterinarian has neutered the dog;

B. A written certificate issued by a veterinarian stating that the veterinarian has examined the dog and determined that the dog is incapable of producing young; or

C. A previous license stating that the dog is incapable of producing young.

The municipal clerk shall retain a $1 recording fee, deposit $2 in the municipality's animal welfare account established in accordance with section 3945 and pay the remaining $3 to the department for deposit in the Animal Welfare Fund.

3. Exemption from fees. A municipal clerk or a veterinary licensing agent shall issue a license upon application and without payment of a license fee required under this section for:

A. A trained guide dog owned or kept by a visually impaired person or such a dog awaiting training;

B. A trained hearing dog owned or kept by a hearing-impaired person or such a dog awaiting training;

C. A trained service dog owned or kept by a physically impaired person or such a dog awaiting training;

D. A trained search and rescue dog recognized by the Department of Inland Fisheries and Wildlife or by the statewide association of search and rescue that cooperates with the Department of Inland Fisheries and Wildlife in developing standards for search and rescue or such a dog awaiting training; and

E. A dog certified by the State and used for law enforcement purposes.

4. Late fees. An owner or keeper required to license a dog under section 3922, subsection 1 or section 3923-C, subsection 1 and applying for a license for that dog after January 31st shall pay to the municipal clerk or dog recorder a late fee of $15 in addition to the annual license fee paid in accordance with subsection 1 or 2 and section 3923-C, subsection 1. The clerk or dog recorder shall deposit all late fees collected under this subsection into the municipality's animal welfare account established in accordance with section 3945.

An owner or keeper whose name appears on a municipal warrant issued in accordance with section 3943 must pay the late fee of $25 required by that section and is not subject to this subsection.

CREDIT(S)

1993, c. 468, § 12; 1993, c. 657, §§ 22 to 24; 1995, c. 409, § 5; 1995, c. 557, § 1; 1997, c. 690, § 15; 1999, c. 597, § 1; 2001, c. 422, §§ 8, 9, eff. June 18, 2001; 2003, c. 405, § 13; 2007, c. 439, § 15.

§3923-B. Tags

1. Tags. The municipal clerk shall provide with each new license issued under section 3923-A a tag indicating the year the license is issued and bearing other information prescribed by the department. The owner or keeper shall make sure that the tag is securely attached to a collar of leather, metal or material of comparable strength and that the collar is worn at all times by the dog for which the license was issued, except as provided in subsection 3.

If the tag is lost or the owner has moved to a different municipality, the owner or keeper of the dog shall obtain a new license and tag. The municipal clerk shall issue another license and tag upon presentation of the original license and payment of $1. The clerk shall retain the $1 for a recording fee.

2. Deleted. Laws 1997, c. 690, § 16.

2-A. Rabies tags. An owner shall ensure that a rabies tag obtained from a veterinarian for immunization against rabies is securely attached to a collar of leather, metal or material of comparable strength and that the collar is worn at all times by the dog for which the rabies tag was issued, except as provided in subsection 3.

3. Exceptions. A dog is not required to wear a tag when on the premises of the owner or off the premises of the owner while hunting, in training or in an exhibition. When a dog is hunting, in training or in an exhibition, its owner or keeper shall produce proof of licensure and proof of rabies immunization within 24 hours upon request by a humane agent, animal control officer or law enforcement officer, including a game warden.

CREDIT(S)

1993, c. 468, § 12; 1993, c. 657, §§ 25, 26; 1995, c. 409, § 6; 1997, c. 690, § 16; 1999, c. 254, §§ 5, 6; 2007, c. 439, § 16.

§3923-C. Kennel license

1. License necessary. A person having 5 or more dogs for the purposes set forth in section 3907, subsection 17 shall obtain a kennel license from the clerk of the municipality where the dogs are kept and that person is subject to rules adopted by the department. The sex, registered number and description are not required for the dogs covered by a kennel license. The license expires December 31st annually. The kennel license permits the licensee or authorized agent to transport under control and supervision the kennel dogs in or outside the State.

2. Repealed. Laws 1995, c. 490, § 8; Laws 1995, c. 625, § B-1, eff. April 8, 1996.

2-A. License fees. A kennel owner shall pay a fee of $42 to the municipal clerk for each license to keep dogs. A license is needed only for dogs 6 months of age or older. A kennel owner may not keep more than 10 dogs per license. The clerk shall retain $2 as a recording fee and forward $10 to the municipality's animal welfare account established pursuant to section 3945 and $30 to the Animal Welfare Fund.

3. Form of license. The license must be issued in triplicate, the original copy of which is given to the applicant and the remaining 2 copies retained by the municipal clerk. A license covers a maximum of 10 dogs.

4. Kennel tags. Dogs covered by a kennel license must be furnished suitable kennel tags and stickers that must be attached to the back of the tag indicating the year the license is issued and bearing other information as prescribed by the department and are not required to be individually licensed.

5. Kennel inspection and quarantine. Except for a kennel inspected by the department in accordance with chapter 723, an animal control officer must inspect annually a kennel prior to the municipality issuing a kennel license. In addition to the annual inspection required under this subsection, an animal control officer, at any reasonable time, escorted by the kennel owner or the kennel owner's agent, may inspect the kennel. Inspections must be conducted in accordance with the sanitation and health rules established by the department for compliance with laws and rules. In conducting inspections, an animal control officer must use measures established by the department through rulemaking to prevent the spread of infectious and contagious diseases. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [FN1]

A veterinarian employed by the State or any licensed veterinarian may quarantine the kennel in person or by registered mail and the quarantine must be maintained as long as the veterinarian determines necessary. The decision and order for this quarantine is not considered a licensing or an adjudicatory proceeding as defined by the Maine Administrative Procedure Act. [FN2]

6. Late fees. A late fee of $25 in addition to the annual fee must be paid by a person who fails to obtain a municipal kennel license by January 31st of each year as required in this section. The late fee must be deposited in the municipality's animal welfare account established pursuant to section 3945.

CREDIT(S)

1993, c. 657, § 27; 1995, c. 409, § 7; 1995, c. 490, §§ 8, 9; 1995, c. 625, §§ B-1, B-2, eff. April 8, 1996; 1997, c. 690, §§ 17 to 21; 2003, c. 405, § 14; 2003, c. 536, § 4; 2005, c. 422, § 7.

[FN1] 5 M.R.S.A. § 8071 et seq.

[FN2] 5 M.R.S.A. § 8001 et seq.

§3923-D. Temporary licenses

An animal shelter may issue a temporary dog license when transferring ownership vested in the animal shelter under section 3913, subsection 4 to a person buying or otherwise accepting ownership. The department shall provide animal shelters with temporary license forms. The animal shelter shall complete all information prescribed on the form, provide the owner with the original temporary license and submit the copy for the municipal clerk and the animal control officer to the appropriate municipal clerk. The animal shelter may retain a copy of the temporary license to comply with section 3914. A temporary license is valid for a period of 10 days beginning on the date of issuance. An animal shelter may charge $1 for issuing a temporary license.

CREDIT(S)

1993, c. 657, § 27; 1995, c. 409, § 7; 1997, c. 690, § 22.

§3923-E. Monthly report

Municipal clerks or dog recorders shall receive the license fees in accordance with sections 3923-A and 3923-C, pay them to the department and make a monthly report to the department on a department-approved form of all licenses issued and fees received. 

CREDIT(S)

1993, c. 657, § 27. 

§3923-F. Veterinarian serving as dog licensing agent

The commissioner may authorize a veterinarian licensed in accordance with Title 32, chapter 71-A to issue dog licenses under section 3923-A. The commissioner shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. The rules must provide a process for identifying veterinarians who are willing to serve as dog licensing agents, for distributing license blanks, tags and stickers, and for the collection, distribution and deposit of license fees into the appropriate municipal and state accounts. 

CREDIT(S)

2001, c. 422, § 10, eff. June 18, 2001.

§3923-G. Internet licensing project

1. Procedure developed; municipality participation. The commissioner may develop and implement a procedure by which a dog owner can electronically apply for and be issued a dog license using a publicly accessible site on the Internet. A municipality may choose to participate in the electronic dog licensing project by contacting and working with the commissioner. Electronic licensing is available only to residents of a municipality that requests and is accepted by the commissioner to participate in the electronic licensing project. The commissioner may limit the number of municipalities that participate in the project.

2. Forms; verification of rabies immunization. The commissioner shall develop a form to be used for electronic licensing under this section. The commissioner shall consult with the Commissioner of Health and Human Services to establish the information needed to verify rabies immunization.

3. Payment of licensing fee. The commissioner shall establish a mechanism for accepting payment of license fees by credit card. An owner or keeper who applies for a dog license using the publicly accessible site on the Internet developed pursuant to subsection 1 shall pay the fee required under section 3923-A and an additional service fee of $1 for each license to cover administrative costs and pay the Internet service provider.

4. Distribution of licensing fee. The commissioner shall deposit all fees received under this section into the Animal Welfare Fund. The commissioner shall establish procedures for participating municipalities to periodically receive the appropriate credit or payment for license fees collected by the department under this section. A municipality is entitled to a payment or credit of $3 for each dog licensed under this section. All payments or credits received by a municipality must be deposited or credited to the municipality's animal welfare account established in accordance with section 3945.

5. Repealed. Laws 2007, c. 439, § 17.

CREDIT(S)

2003, c. 405, § 15; 2007, c. 439, § 17.

§3924. Violation

1. Civil violation. Any person who violates any section of this chapter commits a civil violation for which a forfeiture not to exceed $100 may be adjudged.

2. Unlawful use of collar or tag. A person who removes a tag or who places a tag on a dog for which the license was not issued commits a civil violation for which a forfeiture of not more than $100 may be adjudged.

CREDIT(S)

1987, c. 383, § 3; 1995, c. 409, § 8; 1997, c. 690, § 23.

§ 3931-A. Breeding kennels - AMENDED 2008 - SEE CHANGES FOR SECTIONS FOLLOWING TEXT OF STATUTE

1. License necessary. A person maintaining a breeding kennel, as defined in section 3907, must obtain a license from the department and is subject to rules adopted by the department. The license expires 12 months after the date of issuance.

2. License fees. The fee for a breeding kennel license is $75.

3. Repealed. Laws 1993, c. 468, § 13.

4. Repealed. Laws 2005, c. 510, § 7.

CREDIT(S)

1991, c. 779, § 29, eff. March 31, 1992; 1993, c. 468, § 13; 1993, c. 657, § 30; 1995, c. 490, § 10; 2003, c. 405, § 16; 2005, c. 281, § 6; 2005, c. 510, § 7.

2008 AMENDMENTS:

2008 Me. Legis. Serv. Ch. 702 (H.P. 1545) (L.D. 2171) (WEST)

An Act To Amend the Animal Welfare Laws

Sec. 8. 7 MRSA § 3931-A, sub-§ 5 is enacted to read:

5. License number requirements. A breeding kennel shall prominently display in written advertising the state-issued kennel license number.

The breeding kennel shall provide its license number to a person purchasing or receiving an animal from the breeding kennel.

§ 3931-B. Wolf hybrid kennel

The requirements of this section apply to a wolf hybrid kennel, as defined in subsection 1. A person maintaining a wolf hybrid kennel that also is a breeding kennel as defined in section 3907, subsection 8-A is also subject to the licensing requirements in section 3931-A.

1. Definition. As used in this section, unless the context otherwise indicates, “wolf hybrid kennel” means a location where one or more wolf hybrids are kept and bred.

2. Kennel registration required. A person who operates a wolf hybrid kennel must register with the department on a form provided by the department. The form must include the name of the person operating the kennel, the mailing address and road or street address for the kennel and the number of wolf hybrids kept at the time of registration. The person who operates the kennel must submit with the registration form proof that each wolf hybrid has been permanently identified in accordance with section 3921-A.

3. Permanent identification of offspring; record of transfer. A person operating a wolf hybrid kennel shall have the offspring of a wolf hybrid permanently identified prior to transferring ownership or care of the animal. When a wolf hybrid is sold, given away or exchanged or ownership or care of the wolf hybrid is otherwise transferred, the person operating the wolf hybrid kennel must notify the department of the transfer and provide the name and address of the person accepting transfer of the wolf hybrid.

4. Inspection and quarantine. A wolf hybrid kennel is subject to inspection and quarantine in accordance with section 3936, subsection 1.

5. Violation. A person who operates a wolf hybrid kennel who fails to comply with the provisions of this section commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged.

CREDIT(S)

2001, c. 129, § 4.

§ 3932. Boarding kennels

1. License necessary. A person maintaining a boarding kennel, as defined in section 3907, shall obtain a license from the department and is subject to rules adopted by the department. The license expires December 31st annually or in a manner consistent with the license provisions of the Maine Administrative Procedure Act, [FN1] whichever is later.

2. License fees. The fee for a boarding kennel license is $75.

3. Repealed. Laws 1993, c. 657, § 32.

4. Advertising. A boarding kennel shall prominently display the state-issued kennel license number in any form of print advertising.

The license number must be provided to a person boarding an animal at a boarding kennel.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 779, § 30, eff. March 31, 1992; 1993, c. 657, §§ 31, 32; 2003, c. 405, § 17; 2007, c. 439, § 18.

[FN1] 5 M.R.S.A. § 8001 et seq.

§ 3932-A. Animal shelters

1. License necessary. A person operating an animal shelter as defined in section 3907 shall obtain a license from the department and is subject to rules adopted by the department. The license expires December 31st annually or in a manner consistent with the license provisions of the Maine Administrative Procedure Act, [FN1] whichever is later.

2. License fee. The license fee for an animal shelter is $100.

3. Temporary placement. Facilities where animals are temporarily placed by the department are exempt from licensing requirements.

CREDIT(S)

1993, c. 657, § 33; 2003, c. 405, § 18; 2007, c. 439, § 19.

[FN1] 5 M.R.S.A. § 8001 et seq.

§ 3933. Pet shops

1. License necessary. A person maintaining a pet shop, as defined in section 3907, shall obtain a license from the department and is subject to rules adopted by the department. The license expires December 31st annually or in a manner consistent with the license provisions of the Maine Administrative Procedure Act, [FN1] whichever is later.

2. License fees. The fee for a pet shop license is $150.

3. Records. A person maintaining a pet shop, as defined in section 3907, shall keep a record of each animal received by the pet shop, except for mice and fish. The record must include the name and address of the person or company from whom the animal was received and the name and address of the person buying or otherwise acquiring the animal from the pet shop. The record must be kept on file for a period of 2 years following the sale or other disposition of the animal by the pet shop.

4. Surcharge on sale of dogs and cats that have not been neutered. A person maintaining a pet shop shall collect a surcharge of $25 on each cat or dog sold that has not been neutered a