§ 3919-D. Temporary animal shelter

Chapter 721: Dog Licenses

Chapter 723. Facility Licenses

§ 3931-A. Breeding kennels

§ 3931-B. Wolf hybrid kennel

§ 3932. Boarding kennels

§ 3932-A. Animal shelters

§ 3933. Pet shops

§ 3934. Repealed. Laws 1991, c. 779, § 32, eff. March 31, 1992

§ 3935. License prohibited

§ 3935-A. Late fees

§ 3936. Inspection and quarantine

§ 3937. Investigation

§ 3938. Violation

§ 3938-A. Minimum age of transfer for cats and dogs

§ 3939. Dog licenses

§ 3939-A. Spay; neuter of dogs and cats

§ 3939-B. Violations

Chapter 725. Municipal Duties.

§ 3941. Posting of law

§ 3942. Issuance of dog licenses

§ 3943. Municipal warrants

§ 3944. Issuance of kennel licenses

§ 3945. Use of license fees and court fines retained by municipalities

§ 3946. Dog recorders in unorganized territories

§ 3947. Animal control officers

§ 3948. Animal control

§ 3949. Animal shelter designation

§ 3950. Local regulations

§ 3950-A. Official refusal or neglect of duty

Chapter 727. Dangerous Dogs.

§ 3951. Killing for assault permitted

§ 3952. Keeping a dangerous dog

§ 3953. Stealing, injuring or killing dogs

Chapter 729. Damage by Animals.

§ 3961. Reimbursement for damage done by animals

§ 3961-A. Attack on service dog

§ 3962-A. Penalty for damage to livestock or pets by animals

§ 3963. Joint and several liability

§ 3964. Repealed. Laws 1995, c. 351, § 4

Link to cruelty laws (chapters 730-A - chapter 743)

Chapter 745. Sale of Dogs and Cats.

§4151. Definitions

§4152. Disclosure

§4153. Sale prohibited

§4155. Rights of the purchaser

§4156. Responsibilities of purchaser

§4157. Rights of pet dealer

§4158. Contest

§4159. Posted notice

§4160. Notice of consumer rights

§4161. Limitation

§4162. Additional penalties

§ 4163. Dog or cat vendor's license

Title 12. Conservation. Part 13. Inland Fisheries and Wildlife. Subpart 4. Fish and Wildlife. Chapter 925. Fish and Wildlife Management and Research. Subchapter 1. Wildlife Management and Research.

§ 12707. Unlawful activity in wildlife sanctuary; general prohibitions and exceptions

§3901. Animal Welfare Act

    This chapter is known and may be cited as the "Animal Welfare Act."  [1995, c. 502, Pt. C, §5 (amd).]

CREDIT(S)

1987, c. 383, § 3; 1995, c. 502, § C-5, eff. Nov. 30, 1995.

§3902. Purposes; comprehensive program

    The primary legislative purposes of this Act are to provide for the licensing of dogs and the humane and proper treatment of animals. To ensure the humane and proper treatment of animals, the commissioner shall develop, implement and administer a comprehensive program that upholds the animal welfare laws of the State through communication, education and enforcement.  [2001, c. 617, §4 (amd).]

CREDIT(S)

1987, c. 383, § 3; 2001, c. 617, § 4.

§3906-B. Powers and duties of commissioner

The commissioner has the powers and duties set forth in this section.

1. Dog licensing laws. The commissioner shall carry out the dog licensing laws and furnish to municipalities all license blanks, stickers and tags.

2. Animal Welfare Fund. The commissioner shall deposit all license fees received pursuant to chapters 721, [FN1] 723, [FN2] 725 [FN3] and 735 [FN4] in a separate account established by the Treasurer of State and known as the Animal Welfare Fund. The commissioner shall deposit 1/2 of feed registration fees collected under section 714, subsection 1 and all revenue from the surcharge collected under section 714, subsection 4 in the Animal Welfare Fund. This account does not lapse, but continues from year to year. The commissioner shall pay from the Animal Welfare Fund the expense of furnishing license blanks, stickers and tags, travel expenses and salaries for necessary personnel, payments to animal shelters and expenses incurred in the administration of this Part.

The commissioner shall annually transfer $100,000 from the Animal Welfare Fund for deposit in the Companion Animal Sterilization Fund established under section 3910-B.

3. Dog recorders. The commissioner shall appoint dog recorders in unorganized territories and establish fees for services rendered.

4. Training and certification of animal control officers. The commissioner shall develop both a basic and advanced program to train animal control officers. The basic program must include training in investigation of complaints of cruelty to animals, training in response to calls concerning animals suspected of having rabies and training in enforcement of dog licensing laws and rabies immunization laws.

The advanced training must include, but is not limited to, training in animal cruelty with respect to hoarders of animals, animal cruelty with respect to domestic violence, new laws, case reviews and report writing.

The commissioner shall certify all animal control officers who complete the training programs.

5. Repealed. Laws 1995, c. 502, § C-10, eff. Nov. 30, 1995.

6. Inspections. The commissioner shall inspect licensed facilities as provided in chapters 723 [FN2] and 735. [FN4]

7. Payment of fees. The commissioner may authorize payments to providers of special services to animals when the commissioner determines those services are in the public interest.

8. Copies of law. The commissioner shall seasonably forward to the clerks of municipalities copies of this Part.

9. Employees. The commissioner, in consultation with the Animal Welfare Advisory Committee, shall employ, subject to the Civil Service Law, [FN5] necessary employees to assist in enforcing this Part and in carrying out the commissioner's duties and responsibilities. The commissioner shall conduct a background check of a potential employee. The commissioner may not hire as a state humane agent a person who has been convicted of murder, a Class A or Class B offense, a violation under Title 17-A, chapter 9, 11, 12 or 13, a violation of Title 19-A, section 4011 or a criminal violation under Title 17, chapter 42 [FN6] or a person who has been adjudicated of a civil violation for cruelty to animals under chapter 739 [FN7] or who has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those specified in this subsection.

9-A. Humane agents. The commissioner shall assign a humane agent to each of the following areas of specialization:

A. Blood sports;

B. Exotic animals;

C. Large animals;

D. Mental health and domestic violence;

E. Small animals; and

F. Training.

10. Rules. Pursuant to Title 5, chapter 375, [FN8] the commissioner shall adopt, amend and repeal rules, including emergency rules, necessary for the proper administration, implementation, enforcement and interpretation of any provision of law that the commissioner is charged with administering.

11. Cruelty to animals. The commissioner, in cooperation with animal control officers, shall investigate complaints of cruelty to animals and enforce cruelty-to-animal laws in accordance with chapter 739 and Title 17, chapter 42. The Attorney General and the district attorneys shall assist the commissioner with the commissioner's enforcement responsibilities.

12. Intermittent agents. The commissioner shall appoint intermittent humane agents as necessary to assist the commissioner in carrying out the commissioner's duties and responsibilities. The commissioner shall train and coordinate efforts of intermittent agents. These intermittent agents are unclassified employees whose training, compensation and hours of employment are determined by the commissioner.

13. Repealed. Laws 2003, c. 682, § 1.

14. Information. The commissioner may obtain, develop or disseminate any information useful or convenient for carrying out any purpose or power of the commissioner.

15. Annual report. The commissioner shall report the activities of the commissioner annually by March 1st to the joint standing committee of the Legislature having jurisdiction over agricultural matters and the joint standing committee of the Legislature having jurisdiction over taxation matters. This report must include a summary of cases of cruelty to animals investigated by the commissioner, a summary of final dispositions of those cases and, with respect to companion animals, a report of the number of animal shelter intakes, the number of sterilizations and the number of euthanizations and an account of deposits into and payments from the Companion Animal Sterilization Fund established in section 3910-B.

16. Animal welfare auxiliary fund. The commissioner may accept gifts, donations, bequests, endowments, grants and matching funds from any private or public source for the purposes of ensuring the humane and proper treatment of animals and enhancing the administration and enforcement of this Part and Title 17, chapter 42. The commissioner shall deposit all funds accepted for these purposes into a separate, nonlapsing account known as the animal welfare auxiliary fund. All gifts, donations, bequests, endowments, grants and matching funds received must be used for the benefit of and accomplishment of the objectives in this Part and Title 17, chapter 42 and any gift, donation, bequest, endowment, grant or matching funds accepted with a stipulated purpose may be used only for that purpose.

All money deposited in the animal welfare auxiliary fund in accordance with section 1820-A, subsection 4 must be used for investigating alleged cases of mistreatment or abuse of equines and enhancing enforcement of this Part and Title 17, chapter 42 as these laws pertain to equines.

CREDIT(S)

1991, c. 779, § 9, eff. March 31, 1992; 1993, c. 468, §§ 2, 3; 1995, c. 502, §§ C-10 to C-12, eff. Nov. 30, 1995; 1997, c. 690, §§ 1 to 3; 2001, c. 399, § 2, eff. June 13, 2001; 2001, c. 422, § 3, eff. June 18, 2001; 2003, c. 405, §§ 1 to 3; 2003, c. 536, § 1; 2003, c. 682, §§ 1, 2; 2005, c. 281, §§ 3, 4; 2007, c. 439, §§ 1, 2.

[FN1] 7 M.R.S.A. § 3921 et seq.

[FN2] 7 M.R.S.A. § 3931 et seq.

[FN3] 7 M.R.S.A. § 3941 et seq.

[FN4] 7 M.R.S.A. § 3991.

§3906-C. Animal Welfare Advisory Council

The Animal Welfare Advisory Council, as established by Title 5, section 12004- I, subsection 2-C and referred to in this section as the "council," shall advise the commissioner on matters pertaining to animal welfare.
1. Membership. The council consists of 12 members appointed by the Governor as follows:
A. One member representing municipal interests;
B. One animal control officer;
C. One member representing licensed animal shelters;
D. One member representing licensed boarding or breeding kennels;
E. One member representing licensed pet shops;
F. Repealed. Laws 2001, c. 399, § 3.
G. One member who is or has been a veterinarian licensed to practice in the State;
H. One member who represents the interests of the public in animal welfare, generally;
I. One attorney with experience in animal welfare law;
J. One cooperative extension agent or specialist;
K. One member with expertise in equine care;
L. One member with expertise in livestock representing a statewide farming organization; and
M. One member representing a State-based animal advocacy group.
In making the appointment of the veterinarian member, the Governor shall consider nominations made by the Maine Veterinary Medical Association.
2. State member; staff. The commissioner or the commissioner's designee serves as an ex officio nonvoting member. The department shall provide necessary staffing services to the council.
3. Compensation. Members of the council are entitled to travel and meal expenses only.
4. Terms of office. Except for initial appointees and the commissioner or the commissioner's designee, each member serves for a term of 3 years or until the member's successor has qualified. Except for the commissioner or the commissioner's designee, a member may not serve more than 2 consecutive terms. In the case of a vacancy for any reason, the Governor shall appoint a member representing the same interest to fill the unexpired term.
5. Initial terms of office. Initially, 4 appointed members serve for one year, 4 members serve for 2 years and 3 members serve for 3 years.
6. Administration; meetings. The council shall elect one of its members as chair. The chair serves for a 2-year period and may not serve as chair for consecutive 2-year periods.
The council shall hold regular public meetings every other month but may waive by majority vote a succeeding meeting. The chair shall call special meetings of the council whenever requested in writing by 2 or more members. The council shall send notice and minutes of the meetings to the joint standing committee of the Legislature having jurisdiction over animal welfare matters.
7. Duties. The council shall perform the following duties:
A. Review and advise the commissioner on proposed revisions to the animal welfare laws and rules;
B. Assist the commissioner in the continuing implementation and evaluation of the animal welfare laws and rules;
C. Review training programs for humane agents and animal control officers and make recommendations for training appropriate to the duties of the humane agents and animal control officers;
D. Research options for increasing revenue to the Animal Welfare Fund to ensure funding for the implementation and enforcement of the animal welfare laws and rules, periodically evaluate the adequacy of funding for those laws and rules and make recommendations to the commissioner; and
E. Advise the commissioner on other matters related to the animal welfare laws and rules.
CREDIT(S)
1991, c. 779, § 10, eff. March 31, 1992; 1995, c. 502, § C-13, eff. Nov. 30, 1995; 2001, c. 399, § 3, eff. June 13, 2001; 2003, c. 405, § 4.

§3907. Definitions

As used in this Part, and in every law relating to or affecting animals, unless the context indicates otherwise, the following terms have the following meanings.

1. Act. “Act” means the Animal Welfare Act.

1-A. Abandoned dog. “Abandoned dog” means a dog that has been deserted by its owner or keeper.

2. Animal. “Animal” means every living, sentient creature not a human being.

3. Animal control. “Animal control” means control of dogs, cats, and domesticated or undomesticated animals in accordance with section 3948.

4. Animal control officer. “Animal control officer” means the person appointed periodically by a municipality pursuant to chapter 725. [FN1]

5. Repealed. Laws 1993, c. 657, § 2.

5-A. Animal shelter. “Animal shelter” means a facility that houses animals and operates for the purpose of providing stray, abandoned, abused or owner-surrendered animals with sanctuary or finding the animals temporary or permanent adoptive homes.

6. At large. “At large” means off the premises of the owner and not under the control of any person whose personal presence and attention would reasonably control the conduct of the animal.

7. Repealed. Laws 2005, c. 510, § 2.

8. Boarding kennel. “Boarding kennel” means any place, building, tract of land or abode in or on which 3 or more privately owned dogs or other pets, or both, are kept at any one time for their owners in return for a fee.

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.

9. Business day. “Business day” means any day of the calendar year other than a Saturday, Sunday or legal holiday.

9-A. Cat identification. “Cat identification” means:

10. Clerk; municipal clerk. “Clerk” or “municipal clerk” means the clerk of a municipality, the deputy clerk or assistant clerk, where directed by the clerk, carrying out the duties of this Part.

11. Commissioner. “Commissioner” means the Commissioner of Agriculture, Food and Rural Resources or his duly authorized agent.

11-A. Companion animal. “Companion animal” means a cat or dog.

11-B. Council. “Council” means the Animal Welfare Advisory Council as established by Title 5, section 12004-I, subsection 2-C or its duly authorized agent.

12. Constable. “Constable” means a law enforcement officer appointed by municipal officers pursuant to law.

12-A. Repealed. Laws 1999, c. 498, § 1.

12-B. Repealed. Laws 2005, c. 510, § 5.

12-C. Dog. “Dog” means a member of the genus and species known as canis familiaris or any canine, regardless of generation, resulting from the interbreeding of a member of canis familiaris with a wolf hybrid as defined in subsection 30.

12-D. Dangerous dog. “Dangerous dog” means a dog that bites an individual or a domesticated animal who is not trespassing on the dog owner's or keeper's premises at the time of the bite or a dog that causes a reasonable and prudent person who is not on the dog owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent bodily injury by assaulting or threatening to assault that individual or individual's domestic animal. “Dangerous dog” does not include a dog certified by the State and used for law enforcement use. “Dangerous dog” does not include a dog that bites or threatens to assault an individual who is on the dog owner's or keeper's premises if the dog has no prior history of assault and was provoked by the individual immediately prior to the bite or threatened assault.

For the purposes of this definition, “dog owner's or keeper's premises” means the residence or residences, including buildings and land and motor vehicles, belonging to the owner or keeper of the dog.

12-E. Feral cat. “Feral cat” means a cat without owner identification of any kind that consistently exhibits extreme fear in the presence of people.

13. Service dog kept for breeding purposes. “ Service dog kept for breeding purposes” means a male or female dog owned by a nonprofit organization for the purpose of producing puppies to be trained as service dogs and living with a resident of the State.

14. Service dog kept prior to training. “ Service dog kept prior to training” means a dog under 18 months of age, owned by a nonprofit organization for the purpose of training as a service dog and living temporarily with a resident of the State prior to training.

15. Humane agent. “Humane agent” means an employee of the department who assists in enforcing this Part.

15-A. Repealed. Laws 1993, c. 657, § 4.

15-B. Humanely clean conditions. “Humanely clean conditions” means that both indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions and other waste materials, dirt and trash with sufficient frequency to minimize health hazards and to provide adequately clean living conditions for the species of animal.

16. Keeper. “Keeper” means a person in possession or control of a dog or other animal. A person becomes the keeper of a stray domesticated animal, other than a dog or livestock, if the person feeds that animal for at least 10 consecutive days.

17. Kennel. “Kennel” means 5 or more dogs or wolf hybrids kept in a single location under one ownership for breeding, hunting, show, training, field trials, mushing or exhibition purposes. The sale or exchange of one litter of puppies within a 12-month period alone does not constitute the operation of a kennel.

18. Law enforcement officer. “Law enforcement officer” means any person who, by virtue of his public employment, is vested by law with a duty to maintain public order, enforce any law of this State establishing a civil violation, prosecute offenders or make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.

18-A. Livestock. “Livestock” means cattle; equines; sheep; goats; swine; domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama and genus vicugna; bison; and ratites.

19. Municipality. “Municipality” means an organized city, town or plantation.

20. Mutilate. “Mutilate” means to injure or disfigure by irreparably damaging body parts. “Mutilate” does not include conduct performed by a licensed veterinarian or conduct that conforms to accepted veterinary practices.

21. Owner. “Owner” means a person owning, keeping or harboring a dog or other animal.

22. Person. “Person” means an individual, corporation, partnership, association or any other legal entity.

22-A. Repealed. Laws 1997, c. 690, § 6.

22-B. Pet. “Pet” means a dog, cat or other domesticated animal commonly kept as a companion, but does not include tamed animals that are ordinarily considered wild animals or livestock.

23. Pet shop. “Pet shop” means a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on those premises are kept for the purpose of sale to the public.

23-A. Rescue group. “Rescue group” means an organization or individual that receives animals that have been abandoned, surrendered or removed from an animal facility or that takes in homeless dogs or cats and sells, gives or otherwise places the animals in private homes. “Rescue group” does not include a facility licensed under chapter 723.

24. Respective municipality. “Respective municipality” means, in the case of towns, plantations and cities, the municipality where the dog or ferret is found; in the case of unorganized territories, the municipality near or adjacent to the unorganized territory where the dog or ferret is found; or the designee of that municipality.

24-A. Service dog. “Service dog” means a dog that meets the definition of “service animal” set forth in Title 5, section 4553, subsection 9-D.

25. Repealed. Laws 1993, c. 657, § 10.

25-A. Stray. “Stray” means off the owner's premises and not under the control of a person.

26. Torment, torture and cruelty. “Torment, torture and cruelty” means every act, omission or neglect, whether by the owner or any other person, where unjustifiable physical pain, suffering or death is caused or permitted.

26-A. Unorganized territory. “Unorganized territory” means all areas located within the jurisdiction of the State, except areas located within organized cities and towns, and Indian reservations. “Unorganized territory” does not include plantations.

27. Vertebrate. “Vertebrate” means a subphylum of chordate animals comprising those having a brain enclosed in a skull or cranium and a segmented spinal column, including mammals, birds, reptiles, amphibians and fish.

28. Warrant. “Warrant” means an order of municipal officers directing a police officer, constable, sheriff or animal control officer to enter a complaint and summons against the owners or keepers of unlicensed dogs following notice of and noncompliance with a violation of law.

29. Well cared for. “Well cared for” means that the animal is receiving necessary sustenance, necessary medical attention, proper shelter, protection from the weather and humanely clean conditions and that the animal has not been nor is being injured, overworked, tormented, tortured, abandoned, poisoned, beaten, mutilated or exposed to a poison with the intent that it be taken by the animal.

30. Wolf hybrid. “Wolf hybrid” means a mammal that is the offspring of the reproduction between a species of wild canid or wild canid hybrid and a domestic dog or wild canid hybrid. “Wolf hybrid” includes a mammal that is represented by its owner to be a wolf hybrid, coyote hybrid, coydog or any other kind of wild canid hybrid.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 622, § FF-11; 1991, c. 779, §§ 11 to 15, eff. March 31, 1992; Laws 1991, c. 779, § 52; 1993, c. 468, §§ 4, 5; 1993, c. 657, §§ 1 to 11; 1995, c. 351, § 1; 1995, c. 409, §§ 1, 2; 1995, c. 490, §§ 1 to 5; 1997, c. 33, § 1; 1997, c. 456, §§ 1, 2; 1997, c. 690, §§ 4 to 8; 1997, c. 704, § 1; 1999, c. 127, § A-16, eff. May 6, 1999; 1999, c. 350, § 1; 1999, c; 498, § 1; 2001, c. 363, § 1; 2001, c. 399, § 4, eff. June 13, 2001; 2001, c. 422, § 4, eff. June 18, 2001; 2003, c. 334, § 2; 2003, c. 536, § 2; 2003, c. 682, § 3; 2005, c. 510, §§ 1 to 5; R.R.2005, c. 2, § 10, eff. Oct. 1, 2006; 2007, c. 439, §§ 3 to 5; 2007, c. 664, §§ 8 to 10; 2007, c. 702, §§ 3 to 6.

[FN1] 7 M.R.S.A. § 3941 et seq.

 

§ 3908. Repealed. Laws 1997, c. 690, § 9.

1. Required for cats. Except as provided in subsection 4, an owner or keeper of a cat over 3 months of age must have that cat vaccinated against rabies. Rabies vaccine must be administered by a licensed veterinarian or under the supervision of a licensed veterinarian. Upon receiving an initial vaccination, a cat is considered protected for one year and an owner or keeper of that cat must get a booster vaccination for that cat one year after the initial vaccination and subsequent booster vaccinations at intervals that do not exceed the intervals recommended by a national association of state public health veterinarians for the type of vaccine administered.

1-A. Required for dogs. A person owning or keeping a dog shall, within 30 days after the dog attains the age of 6 months, cause the dog to be vaccinated against rabies and shall have booster vaccinations administered periodically in accordance with rules adopted by the Commissioner of Health and Human Services under section 3922, subsection 3. A wolf hybrid is required to be vaccinated in accordance with this subsection. 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.

2. Certificate. A licensed veterinarian who vaccinates or supervises the vaccination of a cat or dog shall issue to the owner or keeper a certificate of rabies vaccination approved by the State and shall indicate on the certificate the date by which a booster vaccination is required pursuant to subsection 1 or 1-A.

2-A. Notice to department. A veterinarian who issues a certificate of rabies vaccination for a dog pursuant to subsection 2 shall, within 30 days of issuing the certificate, forward by mail, e-mail or fax a copy of that certificate to the department. The department shall send a copy of the certificate by mail, e-mail or fax to the clerk of the municipality in which the owner resides. If the owner resides in the unorganized territory, the department shall send a copy of the certificate to the dog recorder in that unorganized territory or, in the absence of a duly authorized dog recorder, to the dog recorder in the nearest municipality or unorganized territory in the same county in which the owner resides. The department may retain a copy or electronic record of the rabies certificate. The department may accumulate certificates received and distribute them periodically to the appropriate municipalities and dog recorders. Distributions must be made no fewer than 4 times a year.

3. Enforcement. A humane agent, an animal control officer or a law enforcement officer may ask an owner or keeper of a cat or dog to present proof of a certificate of rabies vaccination from the State.

4. Exception. Notwithstanding any provision of this chapter, an animal shelter operated by a nonprofit organization is not required to vaccinate an abandoned or stray cat or dog received by the shelter.

An owner or keeper of a cat is exempt from the requirements of subsection 1 if a medical reason exists that precludes the vaccination of the cat. To qualify for this exemption, the owner or keeper must have a written statement signed by a licensed veterinarian that includes a description of the cat and the medical reason that precludes the vaccination.

CREDIT(S)

1991, c. 779, § 26, eff. March 31, 1992; 1993, c. 468, § 9; 1995, c. 490, § 7; 1997, c. 704, §§ 3 to 5; 2005, c. 422, §§ 3 to 6; 2007, c. 119, § 1; 2007, c. 439, § 8.

§ 3917. Antirabies clinics
The following provisions apply to low-cost antirabies clinics.
1. Clinic establishment. The department shall facilitate the establishment of low-cost antirabies clinics at locations and on dates as appropriate. At least one low-cost antirabies clinic must be conducted annually in each county. In facilitating the establishment of antirabies clinics, the department shall cooperate with local veterinarians and local organizations. When other arrangements can not be made for a licensed veterinarian to vaccinate or to supervise vaccinations by an animal technician at a low-cost clinic, a veterinarian employed by the department shall administer the vaccinations.
2. Veterinarians participating in low-cost antirabies clinics. This subsection applies to a veterinarian licensed under Title 32, chapter 71-A [FN1] or an assistant under the direction of the veterinarian providing professional services within the scope of the veterinarian's license who participates in a low-cost antirabies clinic established under this section. Adherence by the veterinarian or assistant to the standards of care within the profession creates a rebuttable presumption that the conduct of the veterinarian or assistant was not negligent.
CREDIT(S)

1991, c. 779, § 26, eff. March 31, 1992; 1993, c. 468, § 10.

§ 3918. Violation
A person who violates this chapter commits a civil violation for which a forfeiture of not more than $100 may be adjudged.

CREDIT(S)

1997, c. 704, § 6.

§ 3919. Seizure of stray cats
1. Definition. For the purposes of this chapter, a "stray cat" means a cat on the premises of a person other than the owner of the cat, without the consent of the owner or occupant of the premises, on a public street or on other public property, except under the physical control of the owner.
2. Seizure by animal control officer. An animal control officer or person acting in that capacity may seize a stray cat and deliver it to an animal shelter as provided for in section 3919-A or to the owner, if the owner is known. If ownership can not be established, such a cat may be handled as a homeless cat for the purpose of acceptance and disposition by an animal shelter.
3. Person finding stray cat. A person finding a stray cat and not knowing the owner or residence of the cat may take that cat to the animal shelter designated by the municipality in which the cat was found.
CREDIT(S)

2001, c. 363, § 3.

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

An animal shelter to which a cat is taken may accept the cat unless the shelter is in quarantine. An animal shelter accepting a cat shall comply with the provisions of this section.

1. Cats with identification. An animal shelter that accepts a cat with cat identification shall make a reasonable attempt to notify the owner by telephone or by sending a written notice within 24 hours of accepting the cat. Except as provided in subsections 4 and 5, the animal shelter shall hold the cat for a period of 6 days beginning on and including the day of acceptance. If the owner claims the cat within the 6-day period, the animal shelter shall release the cat to the owner upon payment of any municipal impoundment fee and actual fees incurred for food, shelter and veterinary care. Upon expiration of the 6-day period, ownership of the cat is vested with the animal shelter and the animal shelter may then handle the cat as a homeless cat for disposition in accordance with subsection 2.

2. Homeless cats. When an animal shelter accepts a cat under section 3919 and that cat does not have cat identification or is determined to be a feral cat, the animal shelter shall hold the cat for not less than 48 hours. After the 48-hour period, the animal shelter may treat the cat as a homeless cat and may:

A. Except as provided in section 3938-A, offer the cat for adoption, sell or give away the cat; or

B. Otherwise dispose of the cat humanely in accordance with Title 17, chapter 42, subchapter 4. [FN1]

An animal shelter may not sell or give a cat to a research facility.

3. Owner's claim after 6-day period. An owner may reacquire a cat at any time prior to its disposition under subsection 2 upon payment of any municipal impoundment fee and actual fees incurred for food, shelter and veterinary care and any other reasonable fee imposed by the animal shelter.

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

A. The animal control officer of the municipality where the cat was found has been notified or, if the cat has cat identification, the owner of the cat has been notified; and

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

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

5. Immunity. A veterinarian, a humane agent, an animal control officer or an animal shelter, including a person employed by an animal shelter, is not civilly liable to the owner of a cat for the loss of that cat resulting from actions taken in compliance with this section.

Nothing in this subsection grants to an animal shelter or person any immunity from liability arising from the gift, sale or other transference of a cat to a research facility in violation of subsection 2.

CREDIT(S)

2001, c. 363, § 3; 2003, c. 405, § 8; 2007, c. 439, §§ 9, 10.

[FN1] 17 M.R.S.A. § 1041, et seq.

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

Notwithstanding sections 3913 and 3919-A and except as provided in Title 17, section 1021, when a person brings a pet to an animal shelter because the owner of that pet is incarcerated or hospitalized, that person shall provide the animal shelter with the name and address of the pet's owner and the name and address of the facility where the person is incarcerated or hospitalized. The person bringing the pet to the shelter shall also provide the shelter with that person's name and address and that person's relationship to the owner or the official capacity in which that person is acting to enforce the animal welfare laws. The animal shelter may accept the pet unless the shelter is in quarantine. An animal shelter accepting a pet under this section shall comply with the provisions of this section.
1. Notice. An animal shelter that accepts a pet under this section shall within 24 hours of receiving the pet send a notice by mail, return receipt requested, to the owner of the pet. The notice must inform the owner of the provisions of this section.
2. Release of pet. Upon payment of costs incurred for food, shelter and veterinary care, an animal shelter shall release a pet accepted under this section to its owner or to a person who is designated in a letter signed by the owner as acting on the owner's behalf.
3. Transfer of ownership; disposition of pet. If an owner fails to arrange for release of a pet in accordance with subsection 2 within 10 days of the pet's acceptance by the shelter, ownership of the pet is vested with the animal shelter upon expiration of the 10-day period and the animal shelter may:
A. Offer the pet for adoption or sell or give away the pet; or

B. Dispose of the pet humanely in accordance with Title 17, chapter 42, subchapter 4.
An animal shelter may not sell or give a pet to a research facility.
4. Claims. When an owner does not arrange for the release of a pet under subsection 2, the animal shelter is entitled to receive from the department $4 a day for food and shelter for the pet for a maximum of 10 days.
5. Immunity. A person who brings a pet to an animal shelter in accordance with this section is not civilly liable to the owner for the loss of that pet resulting from the release, transfer or disposition of the pet in accordance with subsection 2 or 3. A veterinarian, a humane agent, an animal control officer or an animal shelter, including a person employed by an animal shelter, is not civilly liable to the owner for the loss of that pet resulting from the release, transfer or disposition of the pet in accordance with subsection 2 or 3.
Nothing in this subsection grants to an animal shelter or person any immunity from liability arising from the gift, sale or other transfer of a pet to a research facility in violation of subsection 3.
CREDIT(S)
2003, c. 405, § 9.

§ 3919-C. Animal held pending court decision

When an animal shelter holds an animal at the request or with the approval of the department pending an investigation or disposition by the court of an alleged violation of chapter 739 or Title 17, chapter 42, the shelter is entitled to receive from the department monetary compensation in accordance with this section for the period for which food and shelter are furnished to the animal.

1. Compensation for dogs and cats. Compensation for a dog or cat is $5 a day. Compensation for a female cat or dog with a litter that has not been weaned is $8 a day.

2. Equines. Compensation for an equine is $10 a day.

3. Livestock. Except for equines, fowl and rabbits, compensation for a livestock animal is between $5 and $8 a day as determined by the department based on the size of the animal.

4. Other animals. Compensation for a rabbit is $2 a day. Compensation for a bird, including poultry, is $1 a day. Compensation for other animals is as determined by the department.

CREDIT(S)

2003, c. 405, § 9; 2007, c. 439, § 11.

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.

CREDIT(S)

2007, c. 702, § 7.

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:

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:

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. Service dogs. If a service dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk may not register the dog nor issue to its owner or keeper a license and tag that identifies the dog as a service dog unless the applicant presents written evidence to the municipal clerk that the dog meets the definition of “service dog.” For the purpose of this subsection “written evidence” means a service dog certification form approved by the department in consultation with the Maine Human Rights Commission.

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; 2007, c. 664, § 11.

§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:

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:

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; 2007, c. 664, § 12.

§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

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.

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.

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; 2007, c. 702, § 8.

§ 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 and forward the entire surcharge to the department for deposit in the Companion Animal Sterilization Fund established under section 3910-B.

5. Advertising. A pet shop license holder advertising to the public the availability of a dog or cat for sale or in any way exchanging a dog or cat for value shall prominently display the state-issued pet shop license number in any publication in which the pet shop license holder advertises. The pet shop license number must be provided to a person adopting or purchasing an animal from the pet shop.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 779, § 31, eff. March 31, 1992; 1993, c. 657, § 34; 2003, c. 350, § 1, eff. May 30, 2003; 2003, c. 405, § 19; 2005, c. 281, § 7; 2007, c. 439, § 20.

[FN1] 5 M.R.S.A. § 8001 et seq.

§ 3934. Repealed. Laws 1991, c. 779, § 32, eff. March 31, 1992

§ 3935. License prohibited

The department may not issue a license to maintain a boarding kennel, breeding kennel or pet shop to a person who, within the 10 years previous to the application for the license, has been convicted of murder, a Class A or Class B offense, a violation under Title 17-A, chapter 9, 11, 12 or 13 or a criminal violation under Title 17, chapter 42, [FN1] or under a criminal law involving cruelty to animals that is no longer in effect, or within 10 years previous to the application for the license, has been adjudicated of a civil violation for cruelty to animals under chapter 739 [FN2] or has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those specified in this section.

CREDIT(S)

1987, c. 383, § 3; 1993, c. 468, § 14; 1993, c. 657, § 35; 2005, c. 422, § 8; 2007, c. 439, § 21.

[FN1] 17 M.R.S.A. § 1011 et seq.

[FN2] 7 M.R.S.A. § 4011 et seq.

§ 3935-A. Late fees

A person maintaining a facility required to be licensed under this chapter shall pay a late fee equal to 50% of the required license fee if that person fails to renew a license within 30 days of that license's expiration date. The late fee must be deposited in the Animal Welfare Fund established in section 3906-B.

CREDIT(S)

2005, c. 422, § 9.

§ 3936. Inspection and quarantine

1. Inspection and quarantine. The commissioner, a state humane agent, a veterinarian employed by the State or a licensed veterinarian at the direction of the commissioner may, at any reasonable time, enter an animal shelter, kennel, boarding kennel, breeding kennel or pet shop and make examinations and conduct any recognized tests for the existence of contagious or infectious diseases or conditions. If the animal shelter, kennel, boarding kennel, breeding kennel or pet shop is also used for human habitation, the person authorized to make examinations and conduct tests must be escorted by the owner, or the owner's agent, of the animal shelter, kennel, boarding kennel, breeding kennel or pet shop and the examinations and tests may be made only in those portions of the premises used as an animal shelter, kennel, boarding kennel, breeding kennel or pet shop. The commissioner may inspect animal shelters, kennels, boarding kennels, breeding kennels and pet shops in accordance with the sanitation and health rules established by the department and for compliance with laws and rules, including licensing and permitting requirements, of the Department of Inland Fisheries and Wildlife pertaining to wildlife importation and possession. In conducting inspections, measures established by the department through rulemaking must be used 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 animal shelter, kennel, boarding kennel, breeding kennel or pet shop, in person or by registered mail, and the quarantine must be maintained as long as the department 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] The commissioner shall promptly notify the Department of Inland Fisheries and Wildlife of violations.

2. Suspension of license. The District Court, upon complaint of the commissioner, the Attorney General or the Commissioner of Inland Fisheries and Wildlife, may revoke or suspend a kennel, boarding kennel, breeding kennel or pet shop license if a person maintaining the kennel, boarding kennel, breeding kennel or pet shop violates any quarantine or maintains animals contrary to the rules adopted by the department, fails to keep records required by the department or violates any provision of the laws or rules of the Department of Inland Fisheries and Wildlife pertaining to wildlife importation and possession.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 779, § 33, eff. March 31, 1992; 1993, c. 89, § 1; 1995, c. 490, § 11; 1997, c. 690, § 24; 1999, c. 547, § B-78, eff. March 15, 2001.

[FN1] 5 M.R.S.A. § 8071 et seq.

[FN2] 5 M.R.S.A. § 8001 et seq.

§ 3937. Investigation

Upon written complaint made to the commissioner by any person alleging violation of this chapter, or any of the rules of the chapter by any licensee, the commissioner shall cause an investigation to be made upon matters related in the complaint.

CREDIT(S)

1987, c. 383, § 3; 1993, c. 468, § 25.

§ 3938. Violation

A person maintaining an animal shelter, boarding kennel, breeding kennel or pet shop without having obtained a license, or after a license has been revoked or suspended, commits a civil violation for which a forfeiture of not less than $50 nor more than $200 a day may be adjudged.

CREDIT(S)

1987, c. 383, § 3; 1993, c. 468, § 14; 1993, c. 657, § 36.

§ 3938-A. Minimum age of transfer for cats and dogs

A person or an animal shelter, boarding kennel, breeding kennel or pet shop that sells, gives away or otherwise transfers ownership of a dog or cat before it has reached its 56th day of life commits a civil violation for which a fine of not less than $50 nor more than $200 may be adjudged.

CREDIT(S)

2007, c. 439, § 22.

§ 3939. Dog licenses

Nothing in this chapter may be construed to exempt licensed facilities from the license requirements of chapter 721. [FN1]

CREDIT(S)

1993, c. 657, § 37.

[FN1] 7 M.R.S.A. § 3921 et seq.

§ 3939-A. Spay; neuter of dogs and cats

1. Spay; neuter. Except as otherwise provided in subsections 2 and 3, an animal shelter or rescue group may not place with a new owner a dog or cat that has not been spayed or neutered unless an appointment has been made with a licensed veterinarian to spay or neuter the animal within 30 days of accepting ownership. A person who accepts ownership of a dog or cat that is unaltered shall, in addition to any other charges or other fees, make a deposit equal to 100% of the cost of the scheduled surgery with the animal shelter or rescue group and shall sign a spay-neuter agreement. The animal shelter or rescue group must refund the deposit upon receiving proof of sterilization.

For purposes of this section, “place” means to sell, give away or otherwise transfer possession of a cat or dog.

2. Detrimental to health. If a licensed veterinarian or veterinary technician as defined in Title 32, section 4853 determines that a dog or cat is too sick or injured or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered within 30 days of placement, the animal shelter or rescue group shall collect a deposit of not less than $50 and not more than $150 at the time of sale or placement. The animal shelter or rescue group shall determine the amount of the deposit based on the cost of spaying or neutering within the geographic area served by the animal shelter or rescue group. A person accepting ownership of the dog or cat under this subsection shall sign an agreement to have the animal sterilized as soon as it is medically advisable.

Upon receipt of proof of sterilization, the animal shelter or rescue group shall immediately and fully refund the deposit.

3. Extension. Notwithstanding subsection 1, an animal shelter or rescue group may extend the date by which spaying or neutering is to be completed at its discretion for good cause. An extension must be in writing.

4. Reimbursement of deposit. If a dog or cat dies prior to spaying or neutering and within the agreement period, the owner is entitled to reimbursement of the deposit paid under subsection 1. If a dog or cat dies prior to spaying or neutering and within 120 days of signing an agreement under subsection 2, the owner is entitled to reimbursement of the deposit paid under subsection 2. To receive reimbursement under this subsection, the owner must provide the animal shelter or rescue group with a letter signed by a licensed veterinarian stating that the cat or dog has died and providing a description of the animal.

5. Unclaimed deposits. Except as provided in subsections 2, 3 and 4, deposits received under subsection 1 or 2 that are unclaimed within 120 days of the date the spay-neuter agreement was signed must be:

A. Used to subsidize spaying or neutering of dogs and cats offered for placement by the animal shelter or rescue group receiving the deposits; or

B. Remitted to the department for deposit in the Companion Animal Sterilization Fund established under section 3910-B.

When extensions are granted under subsection 3 and the deposits are unclaimed 120 days after the extended date for spaying or neutering, those deposits must be disposed of under paragraphs A and B.

CREDIT(S)

2007, c. 439, § 23.

§ 3939-B. Violations

1. Noncompliance by new owner. If a person receiving a dog or cat from an animal shelter or rescue group fails to comply with section 3939-A, that person forfeits the sterilization deposit and commits a civil violation for which a fine of not less than $50 nor more than $200 per animal may be adjudged.

2. Noncompliance by animal shelter or rescue group. If an animal shelter or rescue group fails to require a spay-neuter agreement or fails to collect a deposit as required under section 3939-A, that animal shelter or rescue group commits a civil violation for which a fine of not less than $50 nor more than $200 per animal may be adjudged.

CREDIT(S)

2007, c. 439, § 24.

§ 3941. Posting of law

Municipal clerks, annually, at least 20 days before January 1st, shall post copies of chapter 721 [FN1] and this chapter in the municipal offices.

CREDIT(S)

1987, c. 383, § 3; 1997, c. 690, § 25; 2007, c. 439, § 25.

[FN1] 7 M.R.S.A. § 3921 et seq.

§ 3942. Issuance of dog licenses

Municipal clerks shall issue dog licenses in accordance with chapter 721, [FN1] receive the license fees and pay to the department $9 for dogs capable of producing young and $3 from each license fee received for dogs incapable of producing young. The clerks shall keep a record of all licenses issued by them, with the names of the owners or keepers of dogs licensed and the sex, registered numbers and description of all dogs except those covered by a kennel license. The clerks shall make a monthly report to the department on a department-approved form of all dog licenses issued and fees received.

The clerk shall retain $1 from each license fee as a recording fee. The clerk shall deposit $2 from each license for a dog incapable of producing young in the municipality's animal welfare account established in accordance with section 3945.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 622, § FF-17; 1991, c. 779, § 34, eff. March 31, 1992; 1991, c. 779, § 52; 1999, c. 254, § 7; 2001, c. 617, § 7; 2003, c. 405, § 20.

[FN1] 7 M.R.S.A. § 3921 et seq.

§ 3943. Municipal warrants

1. Procedure. Between February 1st and April 1st annually, the municipal officers of each municipality shall issue a warrant with the names and addresses of all owners or keepers of unlicensed dogs to one or more police officers, constables, sheriffs or animal control officers, directing them to send a notice of violation to the last known address of the owners or keepers or call on the owners or keepers. The warrant must further direct that demand be made on the owners or keepers to obtain a license from the municipal clerk within 7 days from the date of demand and remit to the clerk the license and recording fees plus a late fee of $25 for each dog that is licensed. Finally, the warrant must direct the police officer, constable, sheriff or animal control officer to enter summons and complaint as soon as possible for all owners or keepers so notified who fail to comply with the order.

2. Returns of warrant. Each police officer, constable, sheriff or animal control officer to whom the warrant is issued shall return the warrant to the municipal clerk on or before July 1st of each year.

3. Payments to officers. Payment to certain officers must be as follows.

A. The municipal clerk shall deposit the late fees collected from all dog owners and keepers in a separate account pursuant to section 3945.

B. Officers rendering services are entitled to compensation as the municipal officers may determine.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 264, §§ 1, 2; 1991, c. 779, §§ 35, 36, eff. July 1, 1992; 1995, c. 490, §§ 12, 13; 1997, c. 690, § 26; 1999, c. 136, § 1; 2003, c. 405, § 21.

§ 3944. Issuance of kennel licenses

Municipal clerks and dog recorders shall issue kennel licenses to kennel owners or operators in accordance with section 3923-C.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 779, § 37, eff. March 31, 1992; 1993, c. 657, § 38; 1997, c. 690, § 27.

§ 3945. Use of license fees and court fines retained by municipalities

Except for the $1 recording fee pursuant to section 3942 retained by the municipal clerk, all fees and court fines retained by municipalities must be kept in a separate account and must be used for the salaries and costs of animal control, enforcement of licensing laws, care of stray animals that are injured or abandoned and the support of one or more approved animal shelters. Any money not expended for these purposes in a municipality's fiscal year does not lapse, but must be carried over to the next fiscal year.

CREDIT(S)

1987, c. 383, § 3; 1993, c. 657, § 39; 1995, c. 490, § 14; 2001, c. 617, § 8.

§ 3946. Dog recorders in unorganized territories

Dog recorders appointed by the commissioner in unorganized territories shall issue dog licenses, receive the license fees and pay them to the department. The recorders shall keep the clerk's copy of all licenses issued by them and make reports to the department on a form approved by the department of all licenses issued and fees received. The recorders shall report following each month in which licenses are actually issued and fees are actually collected.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 779, § 38, eff. March 31, 1992; 1995, c. 490, § 15.

§ 3947. Animal control officers

Each municipality shall appoint one or more animal control officers whose duties are enforcement of sections 3911, 3912, 3916, 3921, 3924, 3943, 3948, 3950, 3950-A, 3952 and 4041 and Title 17, section 1023 responding to reports of animals suspected of having rabies in accordance with Title 22, sections 1313 and 1313-A and any other duties to control animals as the municipality may require.

A municipality may not appoint a person to the position of animal control officer who has been convicted of murder, a Class A or Class B offense or a violation of Title 17-A, chapter 9, 11, 12 or 13 or has been convicted of a criminal violation under Title 17, chapter 42 [FN1] or has been adjudicated of a civil violation for cruelty to animals under chapter 739 [FN2] or who has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those specified in this section.

Animal control officers must be certified in accordance with section 3906-B, subsection 4. Upon initial appointment, an animal control officer must complete basic training and be certified by the commissioner within 6 months of appointment.

An animal control officer must attend advanced training programs as described under section 3906-B, subsection 4 to maintain certification. An animal control officer must have a minimum of 8 hours of training each year.

Upon appointment of an animal control officer, municipal clerks shall notify the commissioner of the name, address and telephone number of the animal control officer.

CREDIT(S)

1987, c. 383, § 3; 1987, c. 643, § 3, eff. March 25, 1988; 1991, c. 779, § 39, eff. March 31, 1992; 1993, c. 468, § 15; 1995, c. 490, § 16; 1997, c. 690, § 28; 2007, c. 439, § 26.

[FN1] 17 M.R.S.A. § 1011 et seq.

[FN2] 7 M.R.S.A. § 4011 et seq.

§ 3948. Animal control

1. Control. Municipalities shall control dogs running at large.

2. Medical attention. Law enforcement officers and animal control officers shall take a stray animal to its owner, if known, or, if the owner is unknown, to an animal shelter and ensure that any injured animal that is at large or in a public way is given proper medical attention.

3. Domesticated and undomesticated animals. A municipality shall control domesticated animals that are a cause of complaint in the community. A municipality shall control animals that pose a threat to public health or safety. A municipality may control undomesticated animals in matters on which no other department is charged by law to regulate.

CREDIT(S)

1987, c. 383, § 3; 1987, c. 643, § 4, eff. Jan. 1, 1989; 1993, c. 468, § 16; 1995, c. 490, § 17; 1997, c. 690, §§ 29 to 31.

§ 3949. Animal shelter designation

Municipal clerks, annually, on or before April 1st, shall certify to the commissioner the name and location of the animal shelter with which the municipality has entered into a contract to accept stray animals or have an arrangement for an animal shelter that will accept stray animals. Animal shelters designated by the municipality under this section must comply with commissioner rules.

CREDIT(S)

1987, c. 383, § 3; 1993, c. 468, § 25; 1993, c. 657, § 40; 1997, c. 690, § 32.

§ 3950. Local regulations

Each municipality is empowered to adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter, except that municipalities may not adopt breed-specific ordinances, laws or regulations. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect.

1. [FN1] Certain agricultural working dogs exempt from barking dog ordinances. A municipal ordinance, law or regulation that prohibits or limits barking dogs does not apply to dogs engaged in herding livestock or to agricultural guard dogs engaged in protecting livestock or warning the owners of danger to the livestock. For the purposes of this subsection, the term “livestock” has the same meaning as in section 3907, subsection 18-A.

CREDIT(S)

1987, c. 383, § 3; 1991, c. 779, § 40, eff. March 31, 1992; 2005, c. 138, § 1.

[FN1]So in enrolled bill; there is no 2.

§ 3950-A. Official refusal or neglect of duty

1. Violation. A mayor, municipal officer, clerk, town or city manager, administrative assistant to the mayor, town or city councilor, dog recorder of unorganized territories, constable, police officer, sheriff or animal control officer commits a civil violation if that person refuses or intentionally fails to perform the duties imposed by:

A. This chapter;

B. Chapter 719; [FN1]

C. Chapter 720; [FN2]

D. Chapter 721; [FN3]

E. Chapter 725; [FN4] or

F. Chapter 727. [FN5]

2. Penalty. A person who violates subsection 1 commits a civil violation for which a fine of not less than $50 and not more than $250 and costs may be adjudged.

3. Investigation. The commissioner, at the commissioner's own instance or upon written complaint made to the commissioner by another person, shall investigate an alleged refusal or neglect of duty by a municipal officer.

4. Prosecution. The commissioner shall direct proceedings, actions and prosecutions to be instituted to enforce all laws relating to animals and to the liability of municipal officers and their agents for failure, neglect or refusal to comply with the laws relating to animals.

CREDIT(S)

1987, c. 383, § 3; 1993, c. 468, § 25; 1995, c. 490, § 18; 1995, c. 557, § 2; 1997, c. 690, § 33; 2003, c. 452, § B-21, eff. July 1, 2004.

[FN1] 7 M.R.S.A. § 3911 et seq.

[FN2] 7 M.R.S.A. § 3916 et seq.

[FN3] 7 M.R.S.A. § 3921 et seq.

[FN4] 7 M.R.S.A. § 3941 et seq.

[FN5] 7 M.R.S.A. § 3951 et seq.

§ 3951. Killing for assault permitted

Any person may lawfully kill a dog if necessary to protect that person, another person or a domesticated animal during the course of a sudden, unprovoked assault.

CREDIT(S)

1987, c. 383, § 3; 1997, c. 690, § 34.

§ 3952. Keeping a dangerous dog

A person who owns or keeps a dangerous dog commits a civil violation for which the court shall adjudge a fine of not less than $250 and not more than $1,000, plus costs, none of which may be suspended.

1. Procedure. Any person who is assaulted or threatened with imminent bodily injury by a dog or any person witnessing an assault or threatened assault against a person or domesticated animal or a person with knowledge of an assault or threatened assault against a minor, within 30 days of the assault or threatened assault, may make written complaint to the sheriff, local law enforcement officer or animal control officer that the dog is a dangerous dog. For the purposes of this chapter, “domesticated animal” includes, but is not limited to, livestock as defined in section 3907, subsection 18-A.

Upon investigation of the complaint, the sheriff, local law enforcement officer or animal control officer may issue a civil violation summons for keeping a dangerous dog.

If, upon hearing, the court finds that the dog is a dangerous dog as defined in section 3907, subsection 12-D, the court shall impose a fine and shall:

The court may order restitution in accordance with Title 17-A, chapter 54 for any damages inflicted upon a person or a person's property.

1-A. Identification and confinement of dogs. In addition to orders imposed under subsection 1, the court may order that the owner or keeper of a dangerous dog:

2. Failure to abide by court order. If the court order in subsection 1, paragraph B, is not complied with within the time set by the court, the court may, upon application by the complainant or other person, issue a warrant to the county sheriff or any of the sheriff's deputies or to a police officer or constable in the municipality where the dog is found, commanding the officer to kill the dog immediately and make a return of the warrant to the court within 14 days from the date of the warrant.

The owner or keeper must be ordered to pay all costs of supplementary proceedings and all reasonable costs for seizure and euthanasia of the dog.

3. Dogs presenting immediate threat to public. After issuing a summons and before hearing, if the dog poses an immediate or continuing threat to the public, a sheriff, local law enforcement officer or animal control officer shall order the owner or keeper of the dog to muzzle, restrain or confine the dog to the owner's premises or to have the dog confined at the owner's expense at a place determined by the sheriff, local law enforcement officer or animal control officer. If the owner or keeper fails to comply, the sheriff, local law enforcement officer or animal control officer may apply to District Court, Superior Court or a justice of the peace for an ex parte order for authorization to take possession of the dog that poses an immediate or continuing threat to the public and turn the dog over to the applicant or other suitable person.

4. Deleted. Laws 1999, c. 350, § 2.

4-A. Ex parte. An order may be entered ex parte upon findings by the court or justice of the peace when:

4-B. Modify order. An order may be modified by the court.

5. Lien. Any person taking possession of a dog as provided in this section has a lien on that dog in accordance with Title 17, section 1021, subsection 6.

6. Treble damages. If a dog whose owner or keeper refuses or neglects to comply with the order wounds any person by a sudden assault or wounds or kills any domestic animal, the owner or keeper shall pay the person injured treble damages and costs to be recovered by a civil action.

7. Class D crime. If the owner refuses or neglects to comply with an order issued under subsection 1, 1-A or 4-A, the owner commits a Class D crime. The court, as part of the judgment, may prohibit a person convicted under this subsection from owning or possessing a dog or having a dog on that person's premises for a period of time. The prohibition may be permanent.

8. Restriction of movement outside of a secure enclosure. An owner or keeper of a dog confined to a secure enclosure by a court under subsection 1 or 1-A may not allow the dog outside of the secure enclosure unless:

CREDIT(S)

1987, c. 383, § 3; 1987, c. 736, § 6, eff. July 1, 1988; 1989, c. 212; 1997, c. 690, §§ 35, 36; 1999, c. 350, § 2; 2001, c. 399, § 5, eff. June 13, 2001; 2003, c. 71, § 1; 2007, c. 170, §§ 1 to 4, eff. May 25, 2007; 2007, c. 702, § 9.

§ 3953. Stealing, injuring or killing dogs

Except as provided in section 3951 and Title 12, section 12404, and unless the killing is justified to protect persons or property, a person who steals, confines or secretes, willfully or negligently injures or willfully or negligently kills a dog is liable in damages to the dog's owner in a civil action.

CREDIT(S)

1987, c. 383, § 3; 1997, c. 690, § 37; 2003, c. 414, § B-13; 2003, c. 614, § 9.

Maine Revised Statutes Annotated Currentness. Title 7. Agriculture and Animals. Part 9. Animal Welfare. Chapter 729. Damage by Animals.

§ 3961. Reimbursement for damage done by animals

1. Injuries and damages by animal. When an animal damages a person or that person's property due to negligence of the animal's owner or keeper, the owner or keeper of that animal is liable in a civil action to the person injured for the amount of damage done if the damage was not occasioned through the fault of the person injured.

2. Injuries by dog. Notwithstanding subsection 1, when a dog injures a person who is not on the owner's or keeper's premises at the time of the injury, the owner or keeper of the dog is liable in a civil action to the person injured for the amount of the damages. Any fault on the part of the person injured may not reduce the damages recovered for physical injury to that person unless the court determines that the fault of the person injured exceeded the fault of the dog's keeper or owner.

CREDIT(S)

1987, c. 383, § 3; 1999, c. 254, § 8; 2001, c. 220, § 1.

§ 3961-A. Attack on service dog

A person who owns or keeps a dog that attacks, injures or kills a service animal while the service animal is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged.

When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service animal for any veterinary bills and necessary retraining costs or replacement costs of the service animal if it is disabled or killed.

For the purposes of this section, “service animal” has the same meaning as set forth in Title 5, section 4553, subsection 9-D.

CREDIT(S)

2001, c. 220, § 2; 2007, c. 664, § 13.

§ 3962. Repealed. Laws 1993, c. 468, § 18

§ 3962-A. Penalty for damage to livestock or pets by animals

1. Violation. Except as provided in subsection 3, the owner or keeper of an animal that due to negligence of the animal's owner or keeper kills or injures livestock, poultry, domestic rabbits or pets commits a civil violation for which a forfeiture not to exceed $100 may be adjudged in addition to costs.

2. Additional remedy. A person who suffers damage as a result of a violation of subsection 1 may also pursue a civil action against the owner or keeper of the animal pursuant to section 3961.

3. Exception. If the owner or keeper of an animal that kills or injures another animal establishes that the animal that was killed or injured provoked the killing or injury or that the animal that committed the killing or injury was leashed or controlled on the owner's or keeper's property at the time of the killing or injury, then the owner or keeper is not liable under this section or section 3961.

CREDIT(S)

1993, c. 468, § 19; 1995, c. 351, § 2; 1999, c. 254, § 9.

§ 3963. Joint and several liability

If any properly enclosed livestock, poultry , domestic rabbits or pets are killed or injured by 2 or more dogs at the same time and the dogs are kept by 2 or more owners or keepers, the owners or keepers are jointly and severally liable for the damage.

CREDIT(S)

1987, c. 383, § 3; 1995, c. 351, § 3.

§ 3964. Repealed. Laws 1995, c. 351, § 4

§ 4041. Animal trespass

1. Deleted. Laws 1999, c. 254, § 15.

1-A. Trespass. An owner of an animal may not allow that animal to enter onto the property of another after the owner has been informed by a law enforcement officer or animal control officer that that animal was found on the property of another.

2. Removal. The owner or keeper of an animal is responsible, at the owner's or keeper's expense, for removing any animal found trespassing. An animal control officer or law enforcement officer may, at the owner's or keeper's expense, remove and control an animal found trespassing if:

A. The owner or keeper fails to remove the animal after having been notified by an animal control officer or law enforcement officer that the animal was trespassing; or

B. The animal is an immediate danger to itself, persons or another's property.

3. Civil violation. A person commits a civil violation if an animal owned or kept by that person is found trespassing and:

A. That person fails to remove the animal within 12 hours, or immediately if public safety is threatened, after having been personally notified by an animal control officer or law enforcement officer that the animal was trespassing.

B. Deleted. Laws 1999, c. 254, § 15.

4. Forfeiture. A forfeiture of not less than $50 nor more than $500 must be adjudged for a civil violation under subsection 3. In addition, the court may as part of the sentencing include an order of restitution for costs incurred in removing and controlling the animal. When appropriate, the court may order restitution to the property owner based on damage done and financial loss. Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the owner against the offender based on the same facts.

5. Exemption. A person is not liable under this section if, at the time of the alleged trespass, that person was licensed or privileged to allow the animal to be on the property.

6. Definition. For purposes of this section, the term “animal” does not include cats.

CREDIT(S)

1989, c. 91, eff. May 3, 1989; 1995, c. 351, § 5; 1997, c. 104, § 1; 1997, c. 690, §§ 47 to 49; 1999, c. 254, § 15; 2001, c. 15, § 1; 2007, c. 439, §§ 29, 30.

Title 7. Agriculture and Animals. Part 9. Animal Welfare. Chapter 745. Sale of Dogs and Cats.

§4151. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Animal. “Animal” means a dog, wholly or in part of the species canis familiaris or a cat, wholly or in part of the species felis domesticus.

2. Breeder. “Breeder” means a person, firm, partnership, corporation or association that breeds animals for direct or indirect sale to the public.

3. Health problem. “Health problem” means any disease, illness or any congenital or hereditary condition that would impair the health or function of an animal.

4. Repealed. Laws 2007, c. 702, § 21.

4-A. Seller. “Seller” means the owner or operator of a breeding kennel as defined in section 3907, subsection 8-A or the owner or operator of a pet shop as defined in section 3907, subsection 23. “Seller” includes animal dealers required to be licensed by the United States Department of Agriculture. “Seller” does not include humane societies, nonprofit organizations performing the functions of humane societies or animal shelters licensed in accordance with section 3932-A.

5. Veterinarian. “Veterinarian” means a person licensed as a veterinarian in any state.

CREDIT(S)

1995, c. 589, § 1; 1997, c. 690, § 50; 2007, c. 439, § 31; 2007, c. 702, §§ 21, 22.