Chapter 717 . ANIMAL WELFARE ACT
Chapter 719 . UNCONTROLLED DOGS
Chapter 720 . RABIES PREVENTION AND SHELTER PROVISIONS
Chapter 721 . DOG LICENSES
Chapter 723 . FACILITY LICENSES
Chapter 725 . MUNICIPAL DUTIES
Chapter 727 . DANGEROUS DOGS
Chapter 729 . DAMAGE BY ANIMALS
Chapter 745 . SALE OF DOGS AND CATS
Fish and wildlife provisions for dogs (Title 12)
Links on other pages:
Link to cruelty laws (chapters 730-A - chapter 743)
Link to assistance dog/service dog laws
Link to Subchapter 4. Euthanasia of Cats and Dogs (17 M. R. S. A. § 1041 - 1046)
Link to § 6025-A. Access to care for animals
Title 7. Agriculture and Animals. Part 9. Animal Welfare.
Chapter 717. Animal Welfare Act
§ 3901 . Animal Welfare Act
§ 3902 . Purposes; comprehensive program
§ 3903 - 3906-A. Repealed. Laws 1991, c. 779, § 3, eff. March 31, 1992
§ 3906-B . Powers and duties of commissioner
§ 3906-C . Animal Welfare Advisory Council
§ 3907 . Definitions
§ 3908. Repealed. Laws 1997, c. 690, § 9.
§ 3909 . Enforcement
§ 3910. Repealed. Laws 2001, c. 617, § 5
§ 3910-A . Forfeitures and surcharge
§ 3910-B . Companion Animal Sterilization Fund
§ 3910-C. Companion Animal Sterilization Program
Chapter 719. Uncontrolled Dogs .
§ 3911 . Dogs at large
§ 3911-A . Abandonment of wolf hybrid
§ 3911-B . Disposition of wolf hybrid at large
§ 3912 . Disposition of dogs at large
§ 3912-A. Repealed. Laws 1993, c. 657, § 13
§ 3913 . Procedure for stray dogs
§ 3913-A. Repealed. Laws 1993, c. 657, § 18
§ 3914 . Purchase and sale of animals
§ 3915 . Violation
Chapter 720: Rabies Prevention and Shelter Provisions.
§ 3916 . Rabies vaccinations
§ 3917 . Antirabies clinics
§ 3918 . Violation
§ 3919 . Seizure of stray cats
§ 3919-A . Procedure for acceptance and disposition of cats by animal shelter
§ 3919-B . Disposition of pet when owner is institutionalized
§ 3919-C . Animal held pending court decision
§ 3919-D . Temporary animal shelter
§ 3919-E. Disposition of small animals
§ 3921 . License necessary
§ 3921-A . Permanent identification of wolf hybrids
§ 3921-B . Prohibition on keeping a wolf hybrid; exception
§ 3922 . Issuance of license
§ 3923. Repealed. Laws 1993, c. 468, § 11
§3923-A . License and recording fees
§ 3923-B . Tags
§3923-C . Kennel license
§3923-D . Temporary licenses
§3923-E . Monthly report
§3923-F . Veterinarian serving as dog licensing agent
§3923-G . Internet licensing project
§3924 . Violation
§ 3925. Dog licensing database
Chapter 723. Facility Licenses
§ 3931. Repealed. Laws 1993, c. 657, § 29
§ 3931-A . Breeding kennels
§ 3931-B . Wolf hybrid kennel - § 3931-B. Repealed. Laws 2011, c. 100, § 13, eff. May 19, 2011
§ 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
§ 3936-A . Noncompliance; subsequent inspection required
§ 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 . Repealed. Laws 2009, c. 343, § 19
§ 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
§ 3950-B. Euthanasia for severely sick or severely injured livestock
§ 3950-C. Immunity from civil liability
§ 3951 . Killing for assault permitted
§ 3952 . Keeping a dangerous dog - § 3952. Repealed. Laws 2017, c. 404, § 11, eff. Aug. 1, 2018
§ 3952-A. Keeping a dangerous dog or a nuisance dog
§ 3953 . Stealing, injuring or killing dogs
§ 3954. Prohibitions on dangerous dogs and nuisance dogs
§ 3955. Leaving the scene of an assault by a dog that causes an injury that requires medical attention for a person
Chapter 729. Damage by Animals.
§ 3961 . Reimbursement for damage done by animals
§ 3961-A . Attack on service dog
§ 3962 . Repealed. Laws 1993, c. 468, § 18
§ 3962-A . Penalty for damage to livestock or pets by animals
§ 3963 . Joint and several liability
§ 3964 . Repealed. Laws 1995, c. 351, § 4
Chapter 745. Sale of Dogs and Cats.
§4151 . Definitions
§4152 . Disclosure
§ 4152-A . Documents necessary for breed registration
§4153 . Sale prohibited
§ 4154. Repealed. Laws 1997, c. 690, § 52.
§4155 . Rights of the purchaser
§4156 . Responsibilities of purchaser
§ 4157 . Rights of seller
§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 915. Hunting: Seasons, Requirements and Restrictions. Subchapter 2. Hunting License Requirements and Fees
Title 12. Conservation. Part 13. Inland Fisheries and Wildlife. Subpart 4. Fish and Wildlife. Chapter 915. Hunting: Seasons, Requirements and Restrictions. Subchapter 13. Hunting Dog Training and Field Training
§ 12051. Training
§ 12052. Special dog training area license
§ 12053. Unlawful use of licensed dog training area
§ 12054. Field trials; raccoon and rabbits
§ 12055. License to hold field trials; wild birds
§ 12404. Specific animals
Title 22. Health and Welfare. Subtitle 2. Health. Part 3. Public Health. Chapter 251. Communicable Diseases. Subchapter 5. Rabies or Hydrophobia.
§ 1311. Killing or impounding of dogs
Title 29-a. Motor Vehicles. Chapter 19. Operation. Subchapter 1. Rules of the Road
§ 2087. Transporting dogs in open vehicle regulated
Chapter 717. 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 721,1 723,2 7253 and 7354 in a separate account established by the Treasurer of State and known as the Animal Welfare Fund. The commissioner shall deposit 80% of the feed registration fees collected under section 714, subsection 1 and any revenue from the surcharge collected as specified in 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.
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 and 735.
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,5 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, former section 4011 or Title 19-A, section 4113 or a criminal violation under Title 17, chapter 426 or a person who has been adjudicated of a civil violation for cruelty to animals under chapter 7397 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 375,8 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. Repealed. Laws 2021, c. 99, § 1, eff. Oct. 18, 2021.
12-A. Right to call and designate assistance. The commissioner may employ a person considered necessary to assist in a response to a natural or man-made disaster affecting animals. A person called and employed for assistance shall proceed to help resolve the natural or man-made disaster as directed by the commissioner or the commissioner's designee.
A. A person considered necessary to assist in a response must receive compensation for services at the prevailing rate in the State, except that animal control officers, veterinarians, animal shelter staff or other groups used outside the State may receive pay at their usual rates. Equipment may be provided by individuals or groups during a response. Equipment used in a response must, upon application, be compensated for at an amount fixed by the state in which the response occurred. A person responding under this subsection may be provided with subsistence pay during the response.
B. The commissioner or the commissioner's designee shall promptly prepare a report of the commissioner's or the designee's investigation of the response detailing the cause of the natural or man-made disaster and recommendations for future prevention and response. The commissioner or the commissioner's designee shall prepare and include in the report a detailed statement of expenses incurred immediately after the natural or man-made disaster on forms provided by the department.
All requests for reimbursement must be presented to the commissioner or the commissioner's designee within 60 days after demobilization or become void. The commissioner or the commissioner's designee may extend the time as long as a preliminary report has been made.
The commissioner or the commissioner's designee shall examine all invoices presented to the State for reimbursement or direct payment. After items not qualifying for reimbursement have been deducted, the commissioner or the commissioner's designee shall approve the remaining items for payment.
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 and all proceeds from sales authorized under subsection 17 into a separate, nonlapsing account known as the animal welfare auxiliary fund. All gifts, donations, bequests, endowments, grants, proceeds 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 and for costs associated with department laboratory services needed to control or eradicate diseases affecting equines.
17. Fund-raising. The commissioner may engage in the marketing and selling of general merchandise products to generate supplemental funds, which must be deposited in the animal welfare auxiliary fund established under subsection 16.
Credits
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; 2009, c. 148, § 2, eff. May 18, 2009; 2009, c. 548, §§ 1, 2, eff. March 25, 2010; 2019, c. 343, § T-2, eff. June 17, 2019; 2021, c. 99, §§ 1, 2, eff. Oct. 18, 2021; 2021, c. 647, § B-2, eff. Jan. 1, 2023; 2021, c. 696, § 2, eff. Aug. 8, 2022; 2023, c. 3, § K-1, eff. Feb. 21, 2023.
Footnotes
1 7 M.R.S.A. § 3921 et seq.
2 7 M.R.S.A. § 3931 et seq.
3 7 M.R.S.A. § 3941 et seq.
4 7 M.R.S.A. § 3991.
5 See 5 M.R.S.A. § 7039.
6 17 M.R.S.A. § 1011 et seq.
7 7 M.R.S.A. § 4011 et seq.
8 5 M.R.S.A. § 8001 et seq.
§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 14 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 kennels;
E. One member representing licensed pet shops or pet food suppliers;
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 owns a pet and represents the interests of the public in animal welfare, generally;
I. One attorney with experience in animal welfare law or prosecutorial experience within the state court system;
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;
M. One member representing a state-based animal advocacy group;
N. One member who holds a kennel license issued under section 3923-C; and
O. One member representing licensed breeding kennels.
In making the appointment of the veterinarian member, the Governor shall consider nominations made by the Maine Veterinary Medical Association. In making the appointment of the person holding a kennel license issued under section 3923-C, the Governor shall consider nominations made by state-based dog clubs.
2. Staff. 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, each member serves for a term of 3 years or until the member's successor has been appointed. 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.
Credits
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; 2009, c. 333, § 1; 2009, c. 343, §§ 1, 2; 2021, c. 99, §§ 3, 4, eff. Oct. 18, 2021.
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. Repealed. Laws 2013, c. 115, § 1, eff. Oct. 9, 2013.
1-B. Abandoned animal. “Abandoned animal” means an animal that has been deserted by its owner or keeper, excluding animals that are part of a population control effort.
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 725.1
5. Repealed. Laws 1993, c. 657, § 2.
5-A. Animal shelter. “Animal shelter” means a:
A. Facility that houses domesticated 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; or
B. Rescue group.
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 companion animals are kept at any one time for their owners in return for a fee or compensation and includes a facility where 3 or more companion animals are kept for training purposes for compensation.
8-A. Breeding kennel. “Breeding kennel” means a location where 5 or more adult female dogs 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, sledding, competition, 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.
8-B. Bodily injury. “Bodily injury” has the same meaning as in Title 17-A, section 2, subsection 5.
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:
A. A registered microchip used in conjunction with a visible collar and tag, with a faceted, reflective ear stud or a tipped or notched ear;
B. A collar or collar and tag worn by the cat that provides the current name, address and telephone number of the owner; or
C. A collar and tag providing the name and address of the animal shelter that issued the tag.
9-B. Cat. “Cat” means a member of the genus and species known as Felis catus.
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, Conservation and Forestry or the commissioner's 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, except that in chapters 720, 721, 725, 727, 729 and 739 “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.
12-D. Dangerous dog. “Dangerous dog” means a dog or wolf hybrid that causes the death of or inflicts serious bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury or death; a dog or wolf hybrid that causes a reasonable and prudent person who is not on the dog or wolf hybrid owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent serious bodily injury by assaulting or threatening to assault that individual or individual's domesticated animal; or a dog or wolf hybrid that inflicts bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury and has previously been determined by a court of competent jurisdiction to be a nuisance dog.
“Dangerous dog” does not include:
A. A dog certified by the State and used for law enforcement use;
B. A dog or wolf hybrid that injures or threatens to assault an individual who is on the dog or wolf hybrid owner's or keeper's premises if the dog or wolf hybrid has no prior history of assault and was provoked by the individual immediately prior to the injury or threatened assault; or
C. A dog or wolf hybrid that inflicts serious bodily injury on or causes the death of an individual who is committing a crime against an individual or property owned by the dog or wolf hybrid owner or keeper.
For the purposes of this definition, “dog or wolf hybrid 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 or wolf hybrid.
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.
12-F. Dog licensing agent. “Dog licensing agent” means a veterinarian office or animal shelter that licenses dogs for a municipality.
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.
15-C. Humanely trap. “Humanely trap” means to trap an animal using traps and trapping methods that are designed to avoid injury to animals to the greatest extent practicable for animal control or animal rescue purposes.
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 kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition 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 the person's 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.
20-A. Nuisance dog. “Nuisance dog” means a dog or wolf hybrid that causes bodily injury, other than serious bodily injury, to an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury; a dog or wolf hybrid that causes a reasonable and prudent person who is not on the dog or wolf hybrid owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear bodily injury, other than serious bodily injury, by assaulting or threatening to assault that individual or individual's domesticated animal; or a dog or wolf hybrid that causes damage to property or crops not owned by the dog or wolf hybrid owner or keeper while the dog or wolf hybrid is not on the owner's or keeper's premises.
“Nuisance dog” does not include:
A. A dog certified by the State and used for law enforcement use;
B. A dog or wolf hybrid that injures or threatens to assault an individual who is on the dog or wolf hybrid owner's or keeper's premises if the dog or wolf hybrid has no prior history of assault and was provoked by the individual immediately prior to the injury or threatened assault; or
C. A dog or wolf hybrid that inflicts bodily injury on an individual who is committing a crime against an individual or property owned by the dog or wolf hybrid owner or keeper.
For the purposes of this definition, “dog or wolf hybrid 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 or wolf hybrid.
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.
22-C. Pet food supplier. “Pet food supplier” means any retail location located in the State that sells feeding supplies for pets 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 domesticated 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.
23-B. Population control effort. “Population control effort” means the activities, programs and projects aimed at reducing the number of cats and dogs without homes, including, but not limited to, the trapping, neutering and vaccinating of feral cats, the trapping of cats for impoundment at an animal shelter and spaying or neutering services for abandoned animals and stray dogs and cats.
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-E or “assistance animal” set forth in Title 5, section 4553, subsection 1-H.
24-B. Serious bodily injury. “Serious bodily injury” has the same meaning as in Title 17-A, section 2, subsection 23.
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.
25-B. Small animal. “Small animal” means a bird, reptile or amphibian or a small mammal, other than a cat or dog, commonly kept as a household pet and that is an unrestricted species designated by the Commissioner of Inland Fisheries and Wildlife in rules adopted pursuant to Title 12, chapter 915.
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. Repealed. Laws 2015, c. 223, § 3.
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.
Credits
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; 2009, c. 343, §§ 3, 4; 2009, c. 403, § 1; 2011, c. 100, §§ 1 to 4, eff. May 19, 2011; 2011, c. 369, § 3; 2013, c. 115, §§ 1 to 6, eff. Oct. 9, 2013; 2015, c. 223, §§ 1 to 3, eff. Oct. 15, 2015; 2015, c. 457, § 5, eff. July 29, 2016; 2017, c. 404, §§ 1 to 4, eff. Aug. 1, 2018; 2021, c. 99, § 5, eff. Oct. 18, 2021; R.R.2021, c. 1, §§ B-146, B-147, eff. Oct. 1, 2021; 2023, c. 484, § 1, eff. Oct. 25, 2023.
Footnotes
1 7 M.R.S.A. § 3941 et seq.
§ 3908. Repealed. Laws 1997, c. 690, § 9.
1. Attorney General and District Attorneys. Whenever a person has engaged in or is about to engage in an act or practice that constitutes a violation of this Part, a rule adopted pursuant to this Part or a condition of an order, license or permit approved or decision issued by the commissioner pursuant to this Part, or that constitutes a violation of Title 17, chapter 42,1 the Attorney General or a District Attorney, at the request of the commissioner, may institute proceedings before the District Court or Superior Court for an order enjoining those acts or practices, an order directing compliance or imposing a civil or criminal penalty, or any combination of these actions, as provided by law. Upon a showing by the commissioner that the person has engaged or is about to engage in such an act or practice, the court may grant a permanent or temporary injunction, restraining order or other order as appropriate.
2. Designated employees of the department. For purposes of prosecution under this section, the commissioner may authorize humane agents and a state veterinarian who have been certified in accordance with subsection 3-A to issue and serve civil violation processes against offenders pursuant to the Maine Rules of Civil Procedure, Rule 80H and any other applicable rules of court for violations of this Part. The commissioner may authorize certified humane agents or a certified state veterinarian to represent the department in District Court in the prosecution of civil violations of these laws. A certified humane agent or a certified state veterinarian may seek civil penalties as provided by law as well as a permanent or temporary injunction, restraining order or other equitable relief as the court finds appropriate.
2-A. Animal welfare citation form. The commissioner shall designate the Uniform Summons and Complaint as the citation form to be used by the department.
A. The Department of Public Safety is responsible for all Uniform Summons and Complaint forms issued to the department. The commissioner or the commissioner's designee is responsible for the further issuance of Uniform Summons and Complaint books to humane agents and a state veterinarian certified under subsection 3-A and for the proper disposition of those books.
B. It is unlawful and official misconduct for any humane agent or other public employee to dispose of an official citation form or Uniform Summons and Complaint, except in accordance with law and as provided for in an applicable official policy or procedure of the department.
C. A Uniform Summons and Complaint may be filed in a court having jurisdiction and constitutes a lawful complaint to commence any criminal prosecution or civil violation proceeding if the Uniform Summons and Complaint is duly sworn to as required by law and is otherwise legally sufficient.
D. A Uniform Summons and Complaint, when served upon a person by a humane agent, functions as a summons to appear in court. A person who fails to appear in court after having been served with a summons commits a Class E crime. Upon that person's failure to appear, the court may issue a warrant of arrest. It is an affirmative defense to prosecution under this paragraph that the failure to appear resulted from just cause.
3. Repealed. Laws 2003, c. 405, § 5.
3-A. Humane agents; training requirements. Continuing employment of a humane agent hired after October 1, 2003 is contingent upon the successful completion by that agent of a 100-hour service training program at the Maine Criminal Justice Academy or a nationally recognized training program on investigation and enforcement of animal welfare laws and the successful completion of an examination on state animal welfare laws and rules adopted pursuant to this Part. To issue and serve civil violation processes or represent the department in District Court under subsection 2, a humane agent or a state veterinarian must have completed a program at the Maine Criminal Justice Academy that certifies familiarity with court procedures.
A humane agent, regardless of appointment date, shall complete training in the handling of small and large animals and a minimum of 40 hours of training each year, including a combination of classroom and hands-on training.
4. Subpoenas. The commissioner or the commissioner's designee after consultation with the appropriate attorney for the State or the legal counsel for the department may:
A. Serve subpoenas requiring persons to disclose or provide to the department information or records in their possession that are necessary and relevant to an investigation under the animal welfare laws.
(1) The department may apply to the District Court to enforce a subpoena.
(2) A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the act of turning over or providing information or records to the department.
5. Enforcement provision; animal control officers. The certification of an animal control officer under section 3906-B may be suspended or revoked by the commissioner in accordance with Title 5, chapter 375.
6. Confidential information. The names of and other identifying information about persons providing information pertaining to criminal or civil cruelty to animals to the department are confidential information and may not be released.
Credits
1987, c. 383, § 3; 1991, c. 779, § 16, eff. March 13, 1992; 1995, c. 490, § 6; 1997, c. 456, § 3; 1997, c. 683, § B-1, eff. April 3, 1998; 1999, c. 254, § 2; 2001, c. 422, § 5, eff. June 18, 2001; 2003, c. 405, §§ 5, 6; 2003, c. 536, § 3; 2005, c. 422, § 1; 2009, c. 213, § M-2, eff. May 28, 2009; 2009, c. 343, §§ 5 to 8; 2009, c. 652, § A-6, eff. April 14, 2010; 2013, c. 267, § C-1, eff. Oct. 9, 2013.
[FN1] 17 M.R.S.A. § 1011 et seq.
§3910-A. Forfeitures and surcharge
1. Forfeitures. Unless otherwise provided, any court in this State shall collect fines or forfeitures imposed for violations of this Part and pay the fine or forfeiture into the treasury of the municipality where the offense or violation was committed. The municipal clerk shall deposit and expend fines and forfeitures received in accordance with section 3945. [2001, c. 617, §6 (new).]
2. Surcharge imposed. A surcharge of $10 must be added to every fine, forfeiture or penalty imposed by any court in this State for a violation of this Part. The surcharge, for the purposes of collection and collection procedures, is considered a part of the fine, forfeiture or penalty. All funds collected as a result of this surcharge must be deposited monthly in the Animal Welfare Fund established under section 3906-B, subsection 2. [2001, c. 710, §5 (amd); §6 (aff).]
CREDIT(S)
2001, c. 617, § 6; 2001, c. 710, § 5.
§3910-B. Companion Animal Sterilization Fund
1. Establishment. There is established the Companion Animal Sterilization Fund, an interest-bearing account and nonlapsing fund in the department, referred to in this section as “the fund.” The fund receives money deposited by the Treasurer of State pursuant to Title 36, section 5284-A, revenues generated in accordance with this section, all revenue from the surcharges collected under section 3933, subsection 4, revenue received from surcharges in accordance with section 714, subsection 4 and any money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used for the program established under section 3910-C and for the necessary direct administrative and personnel costs of the department and the administrator as provided under subsection 1-A associated with implementing and overseeing that program, and may not be deposited in the General Fund or any other fund except as specifically provided by law. The fund may not be charged for indirect costs under a departmental indirect cost allocation plan. As used in this section, “administrator,” “overpopulation,” “program,” “sterilization” and “veterinary provider” have the same meanings as in section 3910-C, subsection 1.
1-A. Administration of the fund. The administrator administers the fund in accordance with subsection 5 and procedures and eligibility standards established under section 3910-C. The administrator may not expend more than 15% of the fund annually for administrative costs.
2. Deleted. Laws 2023, c. 484, § 2, eff. Oct. 25, 2023.
3. Fund-raising. The commissioner or the commissioner's authorized agent may provide for the creation, reproduction, sale, licensing and distribution and other disposal of any art or other products for the purpose of generating revenues for the fund. All money generated from the sale of these items must be deposited into the fund.
4. Repealed. Laws 2021, c. 523, § 4, eff. Aug. 8, 2022.
5. Distribution of funds. Money in the fund must be distributed for the purposes of the program in accordance with this subsection.
A. The administrator shall determine if there is an overpopulation of cats or dogs and apportion available funds between sterilization for cats and dogs according to the need to control overpopulation of cats or dogs.
B. If one species under paragraph A is overpopulated, but not the other, then no more than 10% of the fund annually may be expended for sterilization for the species that is not overpopulated.
C. If there is no overpopulation of either species under paragraph A, funds must be expended according to requests for assistance with sterilization costs from eligible program applicants and participating veterinary providers with priority given to geographic areas with the greatest need for program services.
Credits
2003, c. 682, § 4; 2005, c. 281, § 5; 2005, c. 510, § 6; 2007, c. 539, §§ CCCC-1 to CCCC-3; 2009, c. 148, § 3, eff. May 18, 2009; 2021, c. 523, §§ 1 to 4, eff. Aug. 8, 2022; 2023, c. 484, § 2, eff. Oct. 25, 2023.
§ 3910-C. Companion Animal Sterilization Program
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Administrator” means the entity that administers the program as provided in subsection 7.
B. “Fund” means the Companion Animal Sterilization Fund under section 3910-B.
C. “Neuter” means to castrate a male animal by removing the animal's testicles or to sterilize a male animal by a nonsurgical method approved by the federal Food and Drug Administration.
D. “Overpopulation” means a surplus of cats or dogs when compared to demand for ownership by humans as determined by the commissioner by rule.
E. “Program” means the Companion Animal Sterilization Program established under subsection 2.
F. “Spay” means to sterilize a female animal by removing the animal's ovaries or to sterilize a female animal by a nonsurgical method approved by the federal Food and Drug Administration.
G. “Spay or neuter event” means an event scheduled by a veterinary provider, including, but not limited to, a mobile clinic, a pop-up clinic or a clinic in a fixed location, during which 10 or more sterilizations are provided per day for program participants.
H. “Sterilization” means the spaying or neutering of a companion animal, a stray animal or a feral cat.
I. “Veterinary provider” means a person licensed to practice veterinary medicine under Title 32, section 4861 or an animal welfare organization that has at least one licensed veterinarian on staff and regularly provides companion animal sterilization services to the public.
2. Establishment. The Companion Animal Sterilization Program is established within the department to provide sterilization services in order to reduce:
A. Stray and unwanted cats and dogs;
B. Cat and dog euthanasia rates;
C. Dog bites;
D. Feral cats;
E. Threats to public health and safety from rabies and other zoonotic diseases;
F. Costs associated with community and state animal control; and
G. Areas lacking access to veterinary care.
3. Eligibility. A person is eligible to have a companion animal, a stray animal or a feral cat sterilized under the program if the person is:
A. At least 18 years of age and not declared as a dependent by another person for tax purposes;
B. A resident of the State;
C. The owner of the companion animal or the keeper of the stray animal or feral cat to be sterilized; and
D. One of the following:
(1) The owner of the companion animal or the keeper of the stray animal to be sterilized and has a household income less than 133% of the federal poverty level, except that, if money is available in the fund, the department may by rule increase the household income limit for the purposes of eligibility up to 150% of the federal poverty level;
(2) The owner of the companion animal or the keeper of the stray animal to be sterilized participates in an income-based governmental public assistance program as determined by the department by rule; or
(3) The keeper of a feral cat, regardless of income.
A person determined eligible under this subsection may be issued a voucher for sterilization services under this subsection.
4. Copayment. A person who meets the eligibility requirements under subsection 3 and who receives services under the program shall submit to the administrator or the veterinary provider, whichever is applicable, a copayment determined by the department unless the animal that is spayed or neutered is a feral cat. The department shall determine the copayment on an annual basis. The administrator may waive the copayment if the administrator determines that the copayment creates a financial hardship for the person.
5. Veterinary provider participation and payment. On an annual basis, a veterinary provider that wishes to receive payments for sterilization services under the program shall sign an agreement with the department on a form provided by the department. Under the agreement, the veterinary provider agrees to fees that may be charged for sterilization services, as established by the department, and all other program conditions and elects the manner of payment under the program in accordance with this subsection. The agreement must specify that the program only provides payments for the specific services covered under the program pursuant to subsection 6.
A veterinary provider may elect one of the following ways in which to receive payments under the program.
A. A veterinary provider may elect to receive prepayments for sterilizations in accordance with this paragraph by filing an application with the administrator requesting funding for sterilizations that the provider commits to perform in the 6-month period following the application's approval. The administrator shall provide prepayments to the veterinary provider in a single installment or in multiple installments. If the administrator provides multiple installments, any installment after the first installment must be conditioned upon the veterinary provider's provision of at least 75% of the sterilizations prepaid by the first installment and the availability of funding. A veterinary provider shall collect the copayments established under subsection 4 and provide an accounting to the administrator. The administrator may supply to the veterinary provider vouchers that allow the provider to verify in-clinic eligibility of clients.
B. A veterinary provider may elect to receive reimbursements for individual sterilizations by submitting an invoice to the administrator for the sterilization performed for a person issued a voucher by the administrator. The veterinary provider shall submit the invoice with the associated voucher after performing the sterilization.
6. Voucher reimbursement rate. The department shall establish by rule voucher reimbursement rates under the program in consultation with a statewide association of veterinarians. The reimbursement rates must cover the cost of the presterilization examination, the sterilization and a rabies vaccination. The reimbursement rate may cover additional procedures approved by the department, including feline viral rhinotracheitis, feline calicivirus and feline panleukopenia vaccinations; distemper, hepatitis, parainfluenza and parvovirus vaccinations; and flea and tick treatment and may cover pain management and a device that prevents the cat or dog from reaching the surgical site. The owner of a companion animal or keeper of a stray animal or feral cat is responsible for the payment of any additional procedures administered by the veterinary provider that are not covered by the program.
7. Program administration. The department through a competitive selection process shall contract with a suitable animal welfare organization to administer the program. The administrator must have adequate resources and staff, or plans for adding sufficient staff, to administer the program, as determined by rule by the department. Other than the payment of administrative costs under section 3910-B, subsection 1-A, the administrator may not have any direct or indirect pecuniary interest in or receive or be eligible to receive, directly or indirectly, any benefit that may arise from a contract with the State under this section. In the event that the department is unable to contract with a suitable animal welfare organization, the department is the administrator. The administrator shall:
A. Issue a unique identifying code to a person who is determined to be eligible under subsection 3. The code must indicate the type of animal that is eligible for sterilization under the program;
B. Issue a group of vouchers to a veterinary provider to be used at a spay or neuter event for persons determined eligible in accordance with subsection 3. Vouchers under this paragraph are valid for no more than 120 days from the date of issuance unless extended by the administrator;
C. Maintain a phone line and a voice mail system and ensure that calls and messages are returned within 10 business days;
D. Procure veterinary provider participation agreements under subsection 5 and maintain relationships with veterinary providers;
E. Maintain a list of participating veterinary providers;
F. Except as provided under subsection 5, paragraph A, verify individual owner or keeper eligibility for the program;
G. Establish a process for spay or neuter events that ensures that participating veterinary providers are verifying owner or keeper eligibility for the program;
H. Dispense payment to veterinary providers in a timely manner once an application for payment is approved or an invoice for services is received and verified;
I. Collect and review progress reports from veterinary providers, including, but not limited to, specific vouchers redeemed, fund expenditures, money remaining in the fund, changes needed for additional funding installments pursuant to subsection 5, paragraph A and accounting for copayments under subsection 4 paid directly to veterinary providers; and
J. Report quarterly to the commissioner on program progress including reconciliation of all funding, vouchers issued and redeemed, participating veterinary providers' progress, number of funding applications, number and type of sterilizations performed, geographic distribution of owners and keepers participating in the program, funds dispersed and fund balance.
8. Rules. The department shall adopt rules necessary to implement this section. Notwithstanding Title 5, section 8071, subsection 2, rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Credits
2023, c. 484, § 3, eff. Oct. 25, 2023.
Chapter 719. Uncontrolled Dogs.
It is unlawful for any dog, licensed or unlicensed, to be at large, except when used for hunting. The owner or keeper of any dog found at large is subject to the penalties provided in this chapter. [1999, c. 254, §3 (amd).]
CREDIT(S)
1987, c. 383, § 3; 1987, c. 643, § 1, eff. March 25, 1988; 1999, c. 254, § 3.
§3911-A. Abandonment of wolf hybrid
A person who abandons a wolf hybrid licensed under section 3922 commits a civil violation for which a fine not to exceed $1,000 may be adjudged. A person who abandons a wolf hybrid not licensed under section 3922 commits a civil violation for which a fine of $1,000 must be adjudged. For the purposes of this section “abandon” means to desert. For enforcement purposes a wolf hybrid is abandoned if the animal is found a distance of more than 5 miles from the premises of the owner and is not under the control of any person.
Credits
2001, c. 129, § 1; 2011, c. 100, § 5, eff. May 19, 2011; 2015, c. 301, § 1, eff. Oct. 15, 2015.
§ 3911-B. Disposition of wolf hybrid at large
The owner or keeper of a wolf hybrid found at large commits a civil violation. An animal control officer or person acting in that capacity shall seize, impound or restrain a wolf hybrid found at large and proceed under this section.
1. Owner of wolf hybrid located. If a wolf hybrid at large is licensed under section 3922, subsection 3-B or its owner can otherwise be identified and located, an animal control officer or person acting in that capacity shall take the wolf hybrid to its owner and issue citations for violations of this Part.
2. Unable to locate owner. If an animal at large is permanently identified as a wolf hybrid in accordance with section 3921-A but the owner of record cannot be located, an animal control officer or person acting in that capacity shall take the wolf hybrid to the animal shelter designated by the respective municipality in which the wolf hybrid was found.
An animal shelter that accepts a wolf hybrid under this subsection is entitled to receive from the department the sum of $4 a day for the period for which food and shelter are furnished, not to exceed 6 days. The animal shelter's responsibilities and the procedure for filing claims and calculating fees established under section 3913, subsection 3 apply to wolf hybrids accepted under this subsection. Upon expiration of the 6-day period, ownership of the wolf hybrid is vested in the animal shelter. The animal shelter shall:
A. Transfer ownership of the wolf hybrid to a person holding a permit to possess wildlife under Title 12, section 12152 and authorized to accept wolf hybrids in compliance with rules adopted under Title 12, section 12160, subsection 2;
B. Transfer ownership of the wolf hybrid to a person who operates an animal refuge in another state and is licensed to accept wolf hybrids; or
C. After keeping the wolf hybrid for 8 days, euthanize the wolf hybrid humanely in accordance with Title 17, chapter 42, subchapter 4.
3. Owner unknown. If an animal suspected of being a wolf hybrid is found at large and that animal is not licensed under section 3922 and does not bear any identification of the owner, an animal control officer or person acting in that capacity shall notify the Department of Inland Fisheries and Wildlife and request assistance in the capture and disposition of the animal under Title 12, section 12160.
4. Euthanasia for severely sick, severely injured or extremely vicious wolf hybrid. Notwithstanding subsections 1, 2 and 3, a humane agent, an animal control officer or an animal shelter within the State may authorize in writing immediate euthanasia of a severely sick, severely injured or extremely vicious wolf hybrid upon determining that the following conditions are met:
A. The clerk, dog recorder or animal control officer of the respective municipality where the wolf hybrid was found has been notified of the animal's presence and the owner of the wolf hybrid, if known, has been notified; and
B. A veterinarian states in writing that the wolf hybrid's recovery from its injury or illness, given reasonable time and reasonable care, is doubtful or that the wolf hybrid presents a danger to the public.
Notwithstanding paragraphs A and B, a veterinarian may authorize immediate euthanasia if, in the veterinarian's judgment, the wolf hybrid is severely injured or sick and has no possibility of recovery.
5. Immunity from civil liability. A veterinarian, a humane agent, an animal control officer or an animal shelter is not civilly liable to any party for authorization made in accordance with subsection 4 nor is any person performing euthanasia under that authorization.
CREDIT(S)
2011, c. 100, § 6, eff. May 19, 2011.
§3912. Disposition of dogs at large
1. Ownership of dog unknown. Except as provided in subsection 2, an animal control officer or person acting in that capacity shall seize, impound or restrain a dog found in violation of section 3911 and deliver it to an animal shelter as provided for in section 3913, subsection 2-A. If ownership can not be established, such a dog may be handled as a stray dog for the purpose of acceptance by an animal shelter. [1997, c. 690, §10 (new).]
2. Ownership of dog known. An animal control officer or person acting in that capacity shall seize, impound or restrain a dog found in violation of section 3911 and, if the owner is known, shall:
A. Take the dog to its owner; or [1999, c. 254, §4 (new).]
B. Deliver it to an animal shelter as provided in section 3913. An animal shelter receiving a dog in accordance with this paragraph shall follow the procedure for stray dogs provided in section 3913. [1999, c. 254, §4 (new).]
[1999, c. 254, §4 (rpr).]
CREDIT(S)
1987, c. 383, § 3; 1987, c. 643, § 1, eff. March 25, 1988; 1991, c. 779, § 17, eff. March 31, 1992; 1993, c. 657, § 12; 1997, c. 690, § 10; 1999, c. 254, § 4.
§3913. Procedure for stray dogs
1. Persons finding stray dogs. A person finding a stray dog and taking control of that dog shall take that dog to its owner if known or, if the owner is not known, to the animal shelter designated by the municipality in which the dog was found.
2. Repealed. Laws 1991, c. 779, § 20, eff. March 31, 1992.
2-A. Animal shelter. An animal shelter, as defined in section 3907, to which a stray dog is taken shall accept the dog for a period of 6 days unless the shelter is in quarantine or has a bona fide lack of adequate space. Except as provided in subsection 2-B, the acceptance entitles the animal shelter to receive from the department the sum of $4 a day for the period for which food and shelter are furnished to the dog. An animal shelter may refuse to accept dogs from municipalities not contracting with that animal shelter.
2-B. Adoption policy. Beginning January 1, 2010, to be eligible for reimbursement under subsection 2-A, an animal shelter must have an adoption policy. An adoption policy must provide for a dog to be available for adoption for a minimum of 24 hours except as provided in subsection 6.
3. Claims; fees. The procedure for filing claims and calculating fees is as follows.
A. On the business day next following the date of acceptance of a dog that is not delivered by an animal control officer or person acting in that capacity, the animal shelter shall notify the animal control officer or person acting in that capacity of the respective municipality of the acceptance of the dog, its description and the circumstances of its finding.
B. An animal shelter that accepts a dog under this section, within 45 days of acceptance of the dog, shall submit a claim on a department-approved form to the department for fees incurred in providing food and shelter and the animal shelter shall forward a copy of the claim to the clerk of the respective municipality.
C. If the owner claims the dog within the 6-day period, the owner may have and receive the dog upon payment of all department-approved fees as provided in subsection 2-A, the municipal impoundment fee and actual fees incurred for food, shelter, veterinary care and any other fees required by this chapter for each day that the dog has been sheltered, provided that the dog is licensed in accordance with chapter 721. [FN1]
4. Ownership of dog. Upon expiration of the 6-day period, ownership of the dog is vested in the animal shelter. The animal shelter may then:
A. Except as provided in section 3938-A, sell or give away the dog, but not to a research facility, if a license is first obtained in accordance with chapter 721; or
B. Otherwise dispose of the dog humanely in accordance with Title 17, chapter 42, subchapter IV. [FN2] Except as provided in this section, an animal shelter must hold a dog at least 8 days before euthanasia.
Notwithstanding this subsection, ownership of a dog for the purposes of adoption is immediately vested in an animal shelter if the animal shelter makes a determination that the dog is obviously abandoned. An obviously abandoned dog does not include a dog roaming at large.
An animal shelter shall establish and collect fees for reclaimed or adopted animals to offset costs of keeping a dog beyond 6 days.
None of the proceeds obtained from the sale, donation, adoption or other disposition of the dog may be deducted from the fee claimed.
Notwithstanding subsection 3, paragraph C, the previous owner may reacquire the dog at any time prior to its sale, donation or disposal upon payment of the municipal impoundment fee and actual fees incurred for food, shelter, veterinary care and any other fees required by this chapter for each day that the dog has been sheltered. In this case, no fee may be allowed by the department.
5. Deleted. Laws 1997, c. 690, § 11.
6. Euthanasia for severely sick, severely injured or extremely vicious dog. A humane agent, an animal control officer or an animal shelter within the State may authorize in writing immediate euthanasia of a severely sick, severely injured or extremely vicious dog upon determining that the following conditions are met:
A. The clerk or animal control officer of the municipality where the dog was found has been notified of the dog's presence and the owner of the dog, if known, has been notified; and
B. Deleted. Laws 1997, c.690, § 11.
C. A veterinarian states in writing that the dog's recovery from its injury or illness, given reasonable time and reasonable care, is doubtful or that the dog presents a danger to the public.
Notwithstanding paragraphs A to C, a veterinarian may authorize immediate euthanasia if, in the veterinarian's judgment, there is no possibility of recovery for a severely injured or sick animal.
7. Immunity from civil liability. A veterinarian, a humane agent, an animal control officer or an animal shelter is not civilly liable to any party for authorization made in accordance with subsection 6 nor is any person performing euthanasia under that authorization.
8, 9. Repealed. Laws 1991, c. 779, § 23, eff. March 31, 1992.
CREDIT(S)
1987, c. 383, § 3; 1991, c. 622, §§ FF-12 to FF-14; 1991, c. 779, §§ 19 to 23, eff. March 31, 1992; Laws 1991, c. 779, § 52; 1993, c. 468, §§ 6, 7; 1993, c. 657, §§ 14 to 17; 1995, c. 268, § 1; 1997, c. 690, § 11; 2007, c. 439, § 6; 2009, c. 343, §§ 9, 10.
[FN1] 7 M.R.S.A. § 3921 et seq.
[FN2] 17 M.R.S.A. § 1041 et seq.
§3914. Purchase and sale of animals
Animal shelters, kennels, breeding kennels, boarding kennels and pet shops engaged in buying or selling animals shall keep records of the buyer and seller in each transaction for a 2-year period commencing at the time of purchase or sale. The records must be open to inspection by the department or law enforcement officers. A person not in possession of a valid license for an animal shelter, kennel, breeding kennel, boarding kennel or grandfathered pet shop shall obtain a vendor's license under section 4163 prior to selling, offering for sale or exchanging for value a cat or dog.
For purposes of this section, “grandfathered pet shop” has the same meaning as in section 3933.
A wolf hybrid may not be sold or exchanged for value. Ownership of a wolf hybrid may be transferred only in accordance with section 3911-B or section 3921-B, subsection 3.
Credits
1987, c. 383, § 3; 1991, c. 779, § 24, eff. March 31, 1992; 1993, c. 657, § 19; 2007, c. 439, § 7; 2011, c. 100, § 7, eff. May 19, 2011; 2019, c. 544, § 1, eff. June 16, 2020.
Any person who violates this chapter commits a civil violation for which a forfeiture of not less than $50 nor more than $250 may be adjudged for a first violation and not less than $100 nor more than $500 for 2 or more violations. [2001, c. 13, §1 (amd).]
CREDIT(S)
1991, c. 779, § 25, eff. March 31, 1992; 1997, c. 690, § 12; 2001, c. 13, § 1.
Chapter 720. Rabies Prevention and Shelter Provisions.
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. Except as provided in subsection 4, an owner or keeper of a dog, within 30 days after the dog attains the age of 3 months, shall have that dog vaccinated against rabies. The rabies vaccine must be administered by a licensed veterinarian or under the supervision of a licensed veterinarian. Upon receiving an initial vaccination, a dog is considered protected for one year and an owner or keeper of that dog shall get a booster vaccination for that dog 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. 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 or dog is exempt from the requirements of subsection 1 if a medical reason exists that precludes the vaccination of the cat or dog. 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 or dog and the medical reason that precludes the vaccination.
Credits
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; 2021, c. 99, §§ 6, 7, eff. Oct. 18, 2021.
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.
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.
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 or humanely trap a stray cat or small animal and deliver it to an animal shelter as provided for in section 3919-A or section 3919-E or to the owner, if the owner is known. If ownership can not be established, such a cat or small animal may be handled as a homeless cat or small animal for the purpose of acceptance and disposition by an animal shelter.
3. Person finding stray cat. A person finding a stray cat or small animal and not knowing the owner or residence of the cat or small animal may take that cat or small animal to the animal shelter designated by the municipality in which the cat or small animal was found.
Credits
2001, c. 363, § 3; 2013, c. 115, § 7, eff. Oct. 9, 2013.
§ 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, the animal shelter shall hold the cat for not less than 48 hours or, for feral cats, not less than 24 hours. After the 24-hour or 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 4.1
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 or small animal. 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 or small animal upon determining that the following conditions are met:
A. The animal control officer of the municipality where the cat or small animal was found has been notified or, if the cat or small animal has identification, the owner of the cat or small animal has been notified; and
B. A veterinarian states in writing that the cat's or small animal's recovery from its injury or illness, given reasonable time and reasonable care, is doubtful or that the cat or small animal 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 or small animal.
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 or small animal for the loss of that cat or small animal 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 or small animal to a research facility in violation of subsection 2.
Credits
2001, c. 363, § 3; 2003, c. 405, § 8; 2007, c. 439, §§ 9, 10; 2009, c. 343, § 11; 2015, c. 223, §§ 4, 5, eff. Oct. 15, 2015.
Footnotes
[FN 1] 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 or under the process described in Title 14, section 6025-A, that person shall provide the animal shelter with the name and last known address of the pet's owner and the name and address of a 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 at the owner's last known address. 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. Except for a wolf hybrid, 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. An animal shelter may not sell, give away or offer for adoption a wolf hybrid. Ownership of a wolf hybrid may be transferred only in accordance with section 3921-B, subsection 3.
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.
Credits
2003, c. 405, § 9; 2009, c. 343, § 12; 2011, c. 100, § 8, eff. May 19, 2011; 2023, c. 336, § 1, eff. Oct. 25, 2023.
§ 3919-C. Animal held pending court decision
When an animal shelter holds an animal at the request or with the approval of the person who seized the animal 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 person who seized the animal monetary compensation in accordance with this section for the period for which food and shelter are furnished to the animal. For the purposes of this section, “person who seized the animal” includes a humane agent, law enforcement or an animal control officer permitted by law to obtain a search warrant or to seize animals ex parte.
1. Compensation for dogs and cats. Compensation for a dog or cat is $15 a day. Compensation for a female cat or dog with a litter that has not been weaned is $18 a day.
2. Equines. Compensation for an equine is $20 a day.
3. Livestock. Except for equines, fowl and rabbits, compensation for a livestock animal is between $5 and $20 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.
Credits
2003, c. 405, § 9; 2007, c. 439, § 11; 2015, c. 223, § 6, eff. Oct. 15, 2015; 2021, c. 696, §§ 3 to 5, eff. Aug. 8, 2022.
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.
§ 3919-E. Disposition of small animals
1. Small animals. When an animal shelter accepts a small animal under section 3919 and the animal does not have identification, the animal shelter shall hold that small animal for not less than 48 hours. After the expiration of the 48-hour period, the animal shelter may treat the small animal as homeless and may:
A. Offer the small animal for adoption, sell the small animal, give away the small animal or transfer the small animal to an appropriate facility that can provide for that specific type of small animal; or
B. Otherwise dispose of the small animal humanely in accordance with Title 17, chapter 42, subchapter 4.
An animal shelter may not sell or give any small animal to a research facility.
2. Exceptions. A small animal that is subject to permit requirements of the Department of Inland Fisheries and Wildlife under Title 12, chapter 915 may not be adopted or have its ownership transferred without the permission of the Department of Inland Fisheries and Wildlife.
Credits
2013, c. 115, § 8, eff. Oct. 9, 2013; 2015, c. 223, § 7, eff. Oct. 15, 2015.
Chapter 721. Dog Licenses.
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 2-A. A person may not own or keep a wolf hybrid under section 3921-B, subsection 2 or under Title 12, section 12152 unless the animal has identification in compliance with the rules adopted under this section.
CREDIT(S)
2001, c. 129, § 2; 2011, c. 100, § 9, eff. May 19, 2011.
§ 3921-B. Prohibition on keeping a wolf hybrid; exception
1. Prohibition. Except as provided in subsection 2, a person may not keep a wolf hybrid in the State unless that person holds a valid permit to possess wildlife in captivity issued by the Department of Inland Fisheries and Wildlife under Title 12, section 12152.
2. Exception. A person keeping a wolf hybrid as a pet and in compliance with all applicable provisions in this Part on June 1, 2011 may continue to keep that wolf hybrid as long as the following conditions are met:
A. The wolf hybrid has been spayed or neutered; and
B. The owner continues to license the wolf hybrid in accordance with section 3922, subsection 3-B.
3. Restrictions on transfer. A person keeping a wolf hybrid under subsection 2 may transfer ownership of the wolf hybrid to a person:
A. Holding a permit to possess wildlife under Title 12, section 12152 and authorized to accept wolf hybrids in compliance with rules adopted under Title 12, section 12160, subsection 2;
B. Who operates an animal refuge in another state that is licensed to accept wolf hybrids; or
C. Who has had direct contact with the wolf hybrid, is familiar with the wolf hybrid's behavior and has been advised of the reporting requirement under subsection 4 and licensing laws under section 3922.
A person transferring ownership of a wolf hybrid under this subsection shall within 10 days of the transfer notify the department and provide the name and address of the person accepting the transfer.
4. Duty to report death. The owner of a wolf hybrid kept under subsection 2 shall notify the department of the wolf hybrid's death on a form prescribed by the department within 30 days of the wolf hybrid's death.
5. Violation. A person who violates this section commits a civil violation for which a fine of $2,500 may be adjudged.
CREDIT(S)
2011, c. 100, § 10, eff. May 19, 2011.
1. License; January 1st. Each owner or keeper of a dog at the age of 6 months or more, on or before January 1st of each year, shall obtain a license:
A. From the clerk of the municipality where the dog is kept;
B. From the dog recorder in the unorganized territory where the dog is kept or, in the absence of a duly authorized dog recorder, from a dog recorder in the nearest municipality or unorganized territory in the same county where the dog is kept;
C. From a person authorized to issue licenses under section 3923-F; or
D. From the department using the Internet in accordance with section 3923-G.
2. License; after January 1st. The owner or keeper, within 10 days of the conditions of paragraph A or B being met, shall obtain a license, if between January 1st and October 15th of any year:
A. A dog reaches the age of 6 months or more; or
B. A person becomes the owner or keeper of a dog aged 6 months or more.
3. Proof of immunization. A municipal clerk may not issue a license for a dog until the applicant has filed with the clerk proof that the dog has been immunized against rabies in accordance with rules adopted by the Commissioner of Health and Human Services, except that the requirement of immunization may be waived by the clerk under conditions set forth by the Commissioner of Health and Human Services.
The commissioner shall adopt rules that allow the clerk and the commissioner to accept valid proof of immunization against rabies provided by another state.
3-A. Repealed. Laws 2007, c. 439, § 13.
3-B. Proof of permanent identification and other restrictions on licensing a wolf hybrid. A municipal clerk may not issue a license for a wolf hybrid until the applicant has filed with the clerk proof that :
A. The wolf hybrid has been permanently identified in accordance with section 3921-A;
B. The wolf hybrid has been spayed or neutered; and
C. The wolf hybrid was licensed in this State in 2011 by:
(1) June 1, 2011 if the wolf hybrid was 6 months old or older on June 1, 2011; or
(2) December 31, 2011 if the wolf hybrid was less than 6 months old on June 1, 2011.
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 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, whether the dog has been determined by a court of competent jurisdiction to be a dangerous dog or a nuisance dog 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.
Credits
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; 2011, c. 100, § 11, eff. May 19, 2011; 2013, c. 115, § 9, eff. Oct. 9, 2013; 2017, c. 404, § 5, eff. Aug. 1, 2018; 2019, c. 437, § 1, eff. Sept. 19, 2019.
§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, dog licensing agent or dog recorder shall pay the license and recording fees established in this section. For purposes of this section, “dog licensing agent” means an animal shelter or a veterinarian pursuant to section 3923-F.
1. Dogs capable of producing young. A dog owner or keeper shall pay a fee of $11 to the municipal clerk or dog licensing agent 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 or dog licensing agent 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 a dog licensing agent for each dog 6 months of age or older and incapable of producing young. A dog is considered incapable of producing young when the owner provides the following:
A. A written certificate issued by a veterinarian stating that the veterinarian has neutered the dog;
B. A written certificate issued by a veterinarian stating that the veterinarian has examined the dog and determined that the dog is incapable of producing young; or
C. A previous license stating that the dog is incapable of producing young.
The municipal clerk or dog licensing agent 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 dog licensing agent shall issue a license upon application and without payment of a license fee required under this section for:
A. A service dog owned or kept by a person with a physical or mental disability;
B. Deleted. Laws 2007, c. 664, § 12.
C. Deleted. Laws 2007, c. 664, § 12.
D. A trained search and rescue dog recognized by the Department of Inland Fisheries and Wildlife or by the statewide association of search and rescue that cooperates with the Department of Inland Fisheries and Wildlife in developing standards for search and rescue or such a dog awaiting training; and
E. A dog certified by the State and used for law enforcement purposes.
4. Late fees. An owner or keeper required to license a dog under section 3922, subsection 1 or section 3923-C, subsection 1 and applying for a license for that dog after January 31st shall pay to the municipal clerk, dog licensing agent or dog recorder a late fee of $25 in addition to the annual license fee paid in accordance with subsection 1 or 2 and section 3923-C, subsection 1. The clerk, dog licensing agent 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.
5. Dogs determined to be dangerous dogs or nuisance dogs by the court. The owner or keeper of a dog determined by a court of competent jurisdiction to be a dangerous dog shall pay a fee of $100 to the municipal clerk or a dog licensing agent. The municipal clerk or dog licensing agent shall retain a $1 recording fee, deposit $98 in the municipality's animal welfare account established in accordance with section 3945 and pay the remaining $1 to the department for deposit in the Animal Welfare Fund.
The owner or keeper of a dog determined by a court of competent jurisdiction to be a nuisance dog shall pay a fee of $30 to the municipal clerk or a dog licensing agent. The municipal clerk or dog licensing agent shall retain a $1 recording fee, deposit $28 in the municipality's animal welfare account established in accordance with section 3945 and pay the remaining $1 to the department for deposit in the Animal Welfare Fund.
A dog determined by a court of competent jurisdiction to be a dangerous dog or a nuisance dog does not qualify for the exemptions from fees under subsection 3.
An owner or keeper of a dog determined by a court of competent jurisdiction to be a dangerous dog applying for a license for that dog after January 31st shall pay to the municipal clerk, dog licensing agent or dog recorder a late fee of $150 in addition to the annual license fee paid in accordance with this subsection.
An owner or keeper of a dog determined by a court of competent jurisdiction to be a nuisance dog applying for a license for that dog after January 31st shall pay to the municipal clerk, dog licensing agent or dog recorder a late fee of $70 in addition to the annual license fee paid in accordance with this subsection.
The clerk, dog licensing agent 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.
Credits
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; 2009, c. 343, § 13; 2009, c. 548, § 3, eff. March 25, 2010; 2013, c. 115, § 10, eff. Oct. 9, 2013; 2017, c. 404, § 6, eff. Aug. 1, 2018.
1. Tags. The municipal clerk or dog licensing agent 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 or dog licensing agent shall issue another license and tag upon presentation of the original license and payment of $1. The clerk or agent 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.
Credits
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; 2013, c. 115, § 11, eff. Oct. 9, 2013.
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 major substantive rules as defined in Title 5, chapter 375, subchapter 2-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; 2009, c. 403, § 2.
[FN1] 5 M.R.S.A. § 8071 et seq.
[FN2] 5 M.R.S.A. § 8001 et seq.
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.
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
§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.
6. Exclusion of wolf hybrids, dangerous dogs and nuisance dogs. This section does not apply to the licensing of a wolf hybrid, a dangerous dog or a nuisance dog. A person owning a wolf hybrid, a dangerous dog or a nuisance dog shall obtain a license from the municipal clerk or the dog recorder for the municipality, plantation or unorganized territory in which the person owning the wolf hybrid, the dangerous dog or the nuisance dog resides.
Credits
2003, c. 405, § 15; 2007, c. 439, § 17; 2011, c. 100, § 12, eff. May 19, 2011; 2021, c. 99, § 8, eff. Oct. 18, 2021.
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.
§ 3925. Dog licensing database
The department shall develop and implement a dog licensing database in coordination with any electronic dog licensing project implemented pursuant to section 3923-G. The database must track all dog licensing throughout the State and allow municipalities and animal control officers to reunite lost dogs with owners and track dogs that have been determined by a court of competent jurisdiction to be dangerous dogs and nuisance dogs pursuant to chapter 727. The department shall provide all municipalities and dog licensing agents with access to the database at no cost.
Credits
2017, c. 404, § 7, eff. Aug. 1, 2018.
Chapter 723. Facility Licenses
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. An applicant for a breeding kennel license shall state in the application the number of female dogs or cats capable of breeding that are maintained at the breeding kennel. The department shall issue a license or a conditional license under subsection 6 in one of the 3 categories described in paragraphs A, B and C and collect a fee in accordance with subsection 2.
A. A breeding kennel that maintains at least 5 but no more than 10 female dogs or cats capable of breeding is a Category 1 breeding kennel.
B. A breeding kennel that maintains at least 11 but no more than 20 female dogs or cats capable of breeding is a Category 2 breeding kennel.
C. A breeding kennel that maintains 21 or more female dogs or cats capable of breeding is a Category 3 breeding kennel.
2. License fees. The license fee is $75 for a Category 1 breeding kennel, $100 for a Category 2 breeding kennel and $150 for a Category 3 breeding kennel.
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 any 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.
6. Conditional breeding kennel license. Upon receiving an application for a breeding kennel that does not at the time of application hold a valid license under this section, the department shall issue a conditional breeding kennel license. The conditional license remains in effect until the breeding kennel passes an inspection under section 3936. If a breeding kennel cannot meet minimum standards within 6 months after the initial inspection, the conditional breeding kennel license may be revoked or suspended by the department pending an administrative proceeding held in accordance with Title 5, chapter 375, subchapter 5. [FN1]
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; 2009, c. 403, §§ 3 to 6.
[FN1] 5 M.R.S.A § 10001 et seq.
§ 3931-B. Wolf hybrid kennel - § 3931-B. Repealed. Laws 2011, c. 100, § 13, eff. May 19, 2011
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,1 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.
5. Notice of fees and services. A person maintaining a boarding kennel shall post upon the premises and provide upon request a written notice of fees charged for boarding and for any other services offered at the boarding kennel. The notice must indicate the hours during which the owner of the boarding kennel or a person responsible to the owner of the boarding kennel is on the premises.
6. Conditional boarding kennel license. Upon receiving a license application for a boarding kennel that does not at the time of application hold a valid license under this section, the department shall issue a conditional boarding kennel license to an applicant who pays the required fees and is not prohibited from obtaining a license under section 3935. The conditional license remains in effect until the boarding kennel meets the requirements for a license under section 3936. If a boarding kennel passes an inspection under section 3936 and meets all other conditions of licensure, the conditional license must be changed to a standard license. If a boarding kennel cannot meet minimum standards within 6 months after the initial inspection, the conditional license may be revoked or suspended by the department pending an administrative proceeding held in accordance with Title 5, chapter 375, subchapter 5.
Credits
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; 2009, c. 343, § 15; 2013, c. 115, § 13, eff. Oct. 9, 2013.
[FN1] 5 M.R.S.A. § 8001 et seq.
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.
4. Repealed. Laws 2015, c. 223, § 8.
Credits
1993, c. 657, § 33; 2003, c. 405, § 18; 2007, c. 439, § 19; 2013, c. 115, § 14, eff. Oct. 9, 2013; 2015, c. 223, § 8, eff. Oct. 15, 2015.
[FN1] 5 M.R.S.A. § 8001 et seq.
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,1 whichever is later. A license issued under this section does not authorize a person to keep for sale or offer for sale dogs or cats unless the pet shop meets the requirements of section 4153, subsection 3, paragraph B. For purposes of this section, a licensed pet shop that meets the requirements of section 4153, subsection 3, paragraph B is a grandfathered pet shop.
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 and must be made available to the department within 24 hours of the request of the department.
4. Surcharge on sale of dogs and cats by grandfathered pet shops. A person maintaining a grandfathered 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 grandfathered 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.
Credits
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; 2009, c. 343, § 16; 2019, c. 544, § 2, eff. June 16, 2020.
Footnotes
1 5 M.R.S.A. § 8001 et seq.
§ 3934. Repealed. Laws 1991, c. 779, § 32, eff. March 31, 1992
The department may not issue a license to maintain a boarding kennel, breeding kennel, animal shelter 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; 2009, c. 343, § 17.
[FN1] 17 M.R.S.A. § 1011 et seq.
[FN2] 7 M.R.S.A. § 4011 et seq.
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 major substantive rules as defined in Title 5, chapter 375, subchapter 2-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 department may, in accordance with Title 5, chapter 375, subchapter 5, revoke or suspend a kennel, boarding kennel, breeding kennel, animal shelter or pet shop license if a person maintaining the kennel, boarding kennel, breeding kennel, animal shelter 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; 2009, c. 343, § 18; 2009, c. 403, § 7.
[FN1] 5 M.R.S.A. § 8071 et seq.
[FN2] 5 M.R.S.A. § 8001 et seq.
§ 3936-A. Noncompliance; subsequent inspection required
If, upon inspection under section 3936, the commissioner or the commissioner's designee finds a facility licensed under this chapter to be in violation of this chapter or rules adopted under this chapter, the commissioner or the commissioner's designee shall issue a written notice describing the violation, the required corrective action to be taken and the date by which the correction must be made. No fee is charged for the first follow-up inspection. If the corrective action has not been taken within the specified period and 2 or more follow-up inspections are needed in any calendar year, the department shall charge the licensee a fee equal to 50% of the original license fee for each follow-up inspection. The original notice of a violation must inform the licensee of the fee charged for follow-up inspections.
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.
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 grandfathered 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. For purposes of this section, “grandfathered pet shop” has the same meaning as in section 3933.
Credits
2007, c. 439, § 22; 2019, c. 544, § 3, eff. June 16, 2020.
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 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 and shall sign a spay-neuter agreement. The animal shelter 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 licensed 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 shall collect a deposit of not less than $50 and not more than $150 at the time of sale or placement. The animal shelter shall determine the amount of the deposit based on the cost of spaying or neutering within the geographic area served by the animal shelter. 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 shall immediately and fully refund the deposit.
3. Extension. Notwithstanding subsection 1, an animal shelter 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 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 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.
Credits
2007, c. 439, § 23; 2015, c. 209, § 1, eff. Oct. 15, 2015; 2015, c. 223, § 9, eff. Oct. 15, 2015; 2015, c. 494, § A-4, eff. April 27, 2016.
1. Noncompliance by new owner. If a person receiving a dog or cat from an animal shelter 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. If an animal shelter fails to require a spay-neuter agreement or fails to collect a deposit as required under section 3939-A, that animal shelter commits a civil violation for which a fine of not less than $50 nor more than $200 per animal may be adjudged.
Credits
2007, c. 439, § 24; 2015, c. 223, § 10, eff. Oct. 15, 2015.
Chapter 725. Municipal Duties.
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 721,1 receive the license fees and pay to the department $10 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 and whether the dogs have been determined by a court of competent jurisdiction to be dangerous dogs or nuisance dogs. 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.
Credits
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; 2015, c. 223, § 11, eff. Oct. 15, 2015; 2017, c. 404, § 8, eff. Aug. 1, 2018.
Footnotes
1 7 M.R.S.A. § 3921 et seq.
§ 3943. Repealed. Laws 2009, c. 343, § 19
§ 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, 3948, 3950, 3950-A, 3952-A, 4041 and 4042 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 appoint an employee of an animal shelter as an animal control officer as long as the person meets the qualifications and training requirements of this section.
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 421 or has been adjudicated of a civil violation for cruelty to animals under chapter 7392 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 within 10 business days. In the event the position is vacant upon termination or resignation of the animal control officer, the municipal clerk shall notify the commissioner within 10 business days of the vacancy.
Credits
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; 2009, c. 177, § 1; 2009, c. 343, § 20; 2017, c. 404, § 9, eff. Aug. 1, 2018; 2019, c. 437, § 2, eff. Sept. 19, 2019.
Footnotes
1 17 M.R.S.A. § 1011 et seq.
2 7 M.R.S.A. § 4011 et seq.
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, shall ensure that any injured companion 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.
4. Reporting. By January 31st of each year, a municipality shall report to the animal welfare program of the department all complaints related to animal control incidents for the prior calendar year. The report must include the number and type of animal complaints received and responded to by municipal animal control officers, law enforcement officers or municipal officials and the outcomes of each investigation. The reports must be on forms provided by the department.
Credits
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; 2009, c. 343, § 21; 2017, c. 404, § 10, eff. Aug. 1, 2018.
§ 3949. Animal shelter designation
1987, c. 383, § 3; 1993, c. 468, § 25; 1993, c. 657, § 40; 1997, c. 690, § 32; 2009, c. 177, § 2.
Each municipality is empowered to adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter, including the establishment of fees necessary and appropriate to finance the cost of animal control services, 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. [FN 1] 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.
Credits
1987, c. 383, § 3; 1991, c. 779, § 40, eff. March 31, 1992; 2005, c. 138, § 1; 2013, c. 595, § U-1, eff. May 1, 2014.
[FN 1] 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;1
C. Chapter 720;2
D. Chapter 721;3
E. Chapter 725;4 or
F. Chapter 727.5
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 $500 and costs may be adjudged and, for an animal control officer, revocation of that person's certification as an animal control officer may be imposed.
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.
Credits
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; 2009, c. 343, § 22; 2021, c. 99, § 9, eff. Oct. 18, 2021.
Footnotes
1 7 M.R.S.A. § 3911 et seq.
2 7 M.R.S.A. § 3916 et seq.
3 7 M.R.S.A. § 3921 et seq.
4 7 M.R.S.A. § 3941 et seq.
5 7 M.R.S.A. § 3951 et seq.
§ 3950-B. Euthanasia for severely sick or severely injured livestock
1. Written authorization. A humane agent, animal control officer or animal shelter may authorize in writing the euthanasia of severely sick or severely injured livestock under the following conditions:
A. The clerk or animal control officer of the municipality in which the livestock was found has been notified of the livestock's presence and a reasonable attempt to contact the owner of the livestock has been made; and
B. A veterinarian states in writing that given reasonable time and reasonable care the livestock's recovery from the livestock's sickness or injury is doubtful.
2. Immediate euthanasia. Notwithstanding subsection 1, paragraphs A and B, a veterinarian may authorize immediate euthanasia if, in the veterinarian's judgment, there is no possibility of recovery for severely sick or severely injured livestock.
Credits
2019, c. 437, § 3, eff. Sept. 19, 2019.
§ 3950-C. Immunity from civil liability
A municipality, veterinarian, humane agent, animal control officer or animal shelter is not civilly liable to any party for authorization made in accordance with section 3950-B nor is any person performing euthanasia under that authorization civilly liable.
Credits
2019, c. 437, § 3, eff. Sept. 19, 2019.
Chapter 727. Dangerous Dogs.
§ 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 - § 3952. Repealed. Laws 2017, c. 404, § 11, eff. Aug. 1, 2018
§ 3952-A. Keeping a dangerous dog or a nuisance dog
A person who owns or keeps a dog determined by a court of competent jurisdiction to be a dangerous dog or a nuisance dog commits a civil violation for which the court shall adjudge a fine of not less than $250 and not more than $5,000, plus costs, none of which may be suspended. All fines, other than costs, must be paid to the municipality where the dog resides pursuant to section 3910-A and be placed in the municipality's animal welfare account established in accordance with section 3945.
1. Procedure. A person who is assaulted or threatened with bodily injury by a dog or a person witnessing such an assault or threatened assault against a person or domesticated animal or a person with knowledge of such an assault or threatened assault against a minor, or a person whose property or crops have been damaged by a dog, within 30 days of the incident, may make written complaint to the sheriff, local law enforcement officer or animal control officer that the dog is a dangerous dog or a nuisance dog. For the purposes of this chapter, “domesticated animal” includes, but is not limited to, livestock as defined in section 3907, subsection 18-A.
A representative of the sheriff's department, a local law enforcement officer or an animal control officer appointed by the municipality shall investigate and document the complaint. Upon completion of the investigation of the complaint, the investigator may issue a civil violation summons for keeping a dangerous dog or a nuisance dog.
All records of the outcome of the investigation must be kept by the municipality for the life of the dog, plus 2 years.
2. Dangerous dog finding. If, upon hearing, the court finds that a dog is a dangerous dog, the court shall impose a fine and may order any one or more of the following that the court determines is appropriate:
A. Order the dog to be euthanized if the court finds that the dog:
(1) Has killed, maimed or inflicted serious bodily injury upon a person or has a history of a prior assault or a prior finding by the court of being a dangerous dog; and
(2) Presents a clear threat to public safety;
B. Order that the owner or keeper of the dog, if that person has previously been adjudicated of having violated this section, may not own, possess or have on that person's premises any dogs for a period of time, which may be permanent;
C. Order the owner or keeper of the dog, if the owner or keeper is allowed to keep the dog, or any other person keeping the dog, to post dangerous dog signs, visible from all directions and provided by the department, around the entrance of the premises where the dog resides and to notify in writing any service provider that has a reasonable expectation to be on the property that the dog has been determined to be a dangerous dog. The owner or keeper is responsible for the cost of the signs;
D. Order the dog confined in a secure enclosure. For the purposes of this paragraph, “secure enclosure” means a fence or structure of at least 6 feet in height forming or making an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog in conjunction with other measures that may be taken by the owner or keeper. The secure enclosure must be locked, be designed with secure sides and be designed to prevent the animal from escaping from the enclosure. The enclosure may also be designed with a secure top and bottom if determined necessary by the court. The court shall specify the length of the period of confinement and may order permanent confinement;
E. Order that the owner or keeper of a dog confined to a secure enclosure pursuant to paragraph D may not allow the dog outside of the secure enclosure unless:
(1) It is necessary to obtain veterinary care for the dog or to comply with orders of the court; and
(2) The dog is securely muzzled with a basket-style muzzle, restrained by a leash not more than 3 feet in length with a minimum tensile strength of 300 pounds and under the direct control of the dog owner or keeper;
F. Order the dog to be securely muzzled with a basket-style muzzle, restrained by a leash not more than 3 feet in length with a minimum tensile strength of 300 pounds and under the direct control of the dog owner or keeper whenever the dog is off the owner's or keeper's premises;
G. Order the dog to be spayed or neutered;
H. Order the dog to be microchipped within 60 days of the court order;
I. Order the owner or keeper of the dog to obtain a minimum of $100,000 in liability insurance for the life of the dog;
J. Order the owner or keeper of the dog to have the dog evaluated by a certified canine behaviorist or certified dog trainer and to attend dog training classes; and
K. Order the owner or keeper of the dog to immediately notify the sheriff, a local law enforcement officer or an animal control officer if the dog escapes.
The court may order restitution in accordance with Title 17-A, chapter 69 for any damages inflicted upon a person or a person's property by a dog determined to be a dangerous dog under this subsection.
3. Nuisance dog finding. If, upon hearing, the court finds that a dog is a nuisance dog, the court shall impose a fine and may impose any of the penalties set forth in subsection 2, paragraphs F to K.
A dog may be determined by a court to be a nuisance dog only once. After 2 years from the date of the court order finding that the dog is a nuisance dog, the owner or keeper may petition the court to amend or reduce any of the restrictions placed on the dog. The court may amend or reduce the restrictions placed on the dog if the owner or keeper demonstrates to the satisfaction of the court that the owner or keeper has complied with the court order and the dog no longer poses a risk as a nuisance dog.
4. Identification and confinement of other dogs. In addition to orders imposed pursuant to subsections 2 and 3, the court may order that the owner or keeper of a dangerous dog or a nuisance dog:
A. Provide the animal control officer in the municipality where the dangerous dog or nuisance dog is kept with photographs and descriptions of other dogs kept by that owner or keeper including the sex, breed, age, identifying markings and microchip numbers of each dog; and
B. Confine any other dogs kept on the owner's or keeper's premises as provided in subsection 2, paragraphs D and E.
5. Failure to abide by court order. If the owner or keeper of a dog willfully fails to comply with any provision of a court order imposed pursuant to subsection 2, 3 or 4, the court shall find the owner or keeper in contempt.
If the court order imposed pursuant to subsection 2, paragraph A is not complied with within the time set by the court, the court may, upon application by the complainant under subsection 1 or other person, issue a warrant to the sheriff or any of the sheriff's deputies or to a local law enforcement officer or constable in the municipality where the dog is found, commanding the officer to have the dog humanely euthanized 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.
6. Dogs presenting immediate or continuing threat to public. After issuing a summons pursuant to subsection 1 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 give a written order requiring the owner or keeper of the dog to muzzle with a basket-style muzzle, restrain or confine the dog to the owner's or keeper's premises or to have the dog confined at the owner's or keeper's expense at a place determined by the sheriff, local law enforcement officer or animal control officer. If an owner or keeper of a dog fails to comply with the written order, the sheriff, local law enforcement officer or animal control officer may apply to the District Court, the 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.
A dog owner or keeper who fails to abide by the written order commits a civil violation for which a fine of not less than $50 and not more than $200 may be adjudged for each day of noncompliance.
7. Ex parte. An order may be entered ex parte upon findings by the court or justice of the peace when:
A. The dog has inflicted serious bodily injury; or
B. There is a reasonable likelihood that the dog is dangerous or vicious and:
(1) Its owner has failed to muzzle, restrain or confine the dog; and
(2) That failure poses an immediate threat of harm to the public.
8. Modify order. An order under subsection 7 may be modified by the court.
A. Upon 2 days' notice or a shorter period the court may prescribe, the owner or keeper whose dog has been possessed pursuant to an ex parte order may appear in the District Court or the Superior Court and move for the dissolution or modification of the ex parte order.
B. The court shall hear and determine the motion, and the hearing may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.
C. The owner or keeper shall submit an affidavit setting forth specific facts to substantiate the modification or dissolution of the order. The applicant has the burden of presenting evidence to substantiate the original findings.
9. 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.
10. Treble damages. If a dog whose owner or keeper refuses or neglects to comply with an order under this section wounds any person by a sudden assault or wounds or kills any domesticated animal, the owner or keeper shall pay the person injured treble damages and costs to be recovered by a civil action.
11. Class D crime. If the owner or keeper of a dog refuses or neglects to comply with an order issued under subsection 2, 3, 4 or 7, the owner or keeper 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.
12. Duty of owner or keeper to notify. The owner or keeper of a dog determined by a court of competent jurisdiction to be a dangerous dog or a nuisance dog shall notify the municipality in which the dog resides in writing and within 30 days if ownership of the dog is transferred, the residence of the dog is changed or the dog is deceased.
Credits
2017, c. 404, § 12, eff. Aug. 1, 2018; 2019, c. 113, § C-2, eff. May 16, 2019.
§ 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.
§ 3954. Prohibitions on dangerous dogs and nuisance dogs
1. Prohibitions. A person may not:
A. Repealed. Laws 2019, c. 95, § 1, eff. Sept. 19, 2019.
B. Transfer ownership of a dog determined by a court of competent jurisdiction to be a dangerous dog without the permission of the court, unless the transfer is to an animal control officer or an animal shelter that has a contract with a municipality to euthanize the dog for the municipality; or
C. Tether a dog determined by a court of competent jurisdiction to be a dangerous dog or a nuisance dog.
2. Penalty. A person who violates subsection 1 commits a civil violation for which a fine not to exceed $100 may be adjudged in addition to court costs.
Credits
2017, c. 404, § 13, eff. Aug. 1, 2018; 2019, c. 95, § 1, eff. Sept. 19, 2019.
§ 3955. Leaving the scene of an assault by a dog that causes an injury that requires medical attention for a person
1. Required actions by owner or keeper. The owner or keeper of a dog that assaults a person and causes an injury that requires medical attention shall comply with the requirements of this section before leaving the scene of the assault:
A. The owner or keeper shall secure aid for the injured person, including, as appropriate, securing medical assistance and reporting the assault to the local law enforcement agency;
B. After securing aid for the injured person, the owner or keeper may leave the scene on a temporary basis in order to contain the dog that assaulted the person; and
C. After securing aid for the injured person and containing the dog that assaulted the person, the owner or keeper shall provide the owner's or keeper's name, current address and contact information to the injured person, a person acting for the injured person or a law enforcement officer.
2. Violation. A violation of this section is a Class D crime.
Credits
2019, c. 134, § 1, eff. Sept. 19, 2019.
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.
Credits
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 or assistance animal while the service animal or assistance 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 or assistance animal for any veterinary bills and necessary retraining costs or replacement costs of the service animal or assistance 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-E. For the purposes of this section, “assistance animal” has the same meaning as set forth in Title 5, section 4553, subsection 1-H.
Credits
2001, c. 220, § 2; 2007, c. 664, § 13; 2011, c. 369, § 4; 2015, c. 457, § 6, eff. July 29, 2016.
§ 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
§§ 3966 to 3970. Repealed. Laws 1997, c. 690, § 38.
Chapter 741. Animal Trespass.
1. Deleted. Laws 1999, c. 254, § 15.
1-A. Trespass. An owner or keeper of an animal may not allow that animal to enter onto or remain on the property of another or unattended on any local, county or state road or highway after the owner or keeper has been informed by a law enforcement officer, authorized employee of the department or animal control officer that that animal was found on that property or on that local, county or state road or highway.
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, authorized employee of the department 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, authorized employee of the department 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 or private or public property is threatened, after having been personally notified by an animal control officer, authorized employee of the department or law enforcement officer that the animal was trespassing; or
B. Deleted. Laws 1999, c. 254, § 15.
C. That person owns an animal or animals that have been found trespassing on 5 or more days within a 30-day period or 3 or more days within a 7-day period.
4. Fines. A person who violates this section is subject to the following fines.
A. A person who violates this section commits a civil violation for which a fine of not less than $50 nor more than $500 must be adjudged.
B. A person who violates this section after having been adjudicated as having committed a violation of this section commits a civil violation for which a fine of $1,000 must be adjudged.
C. A person who violates this section after having been adjudicated as having committed 2 or more violations of this section commits a civil violation for which a fine of $2,500 must be adjudged.
4-A. Restitution; court costs and fees. In addition to fines, 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 property owner against the owner or keeper of the animal based on the same facts. When an owner or keeper violates this section 3 or more times within a 90-day period, the court shall order restitution of all costs incurred by the department in responding to a violation of this section or assisting an animal control officer or law enforcement officer responding to a violation of this section. Upon application of the department, municipality or law enforcement agency enforcing this section, the owner or keeper of the animal must also pay reasonable court costs and attorney's fees of the department, municipality or law enforcement agency if the department, municipality or law enforcement agency is the prevailing party in any court proceeding.
4-B. Forfeiture. If the department, a municipality or a law enforcement agency determines that a repeated violation of this section by an owner or keeper of an animal jeopardizes the public health, welfare or safety of the community, the department, municipality or law enforcement agency may bring a forfeiture action in the county in which the violations occurred under Title 14, section 506. In an action brought under this subsection, the burden of proof is on the department, municipality or law enforcement agency. If a court determines that a repeated violation of this section jeopardizes the public health, welfare or safety of the community, the court may order any animal that is the subject of the violation sold in a commercially reasonable manner and apply the proceeds to any fine, fee, restitution or cost owed by the owner or keeper under this section with any remaining balance returned to the owner or keeper of the animal.
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. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Animal” does not include cats.
B. “Authorized employee of the department” means a humane agent or any other employee of the department designated by the commissioner to assist with compliance and enforcement of this section.
Credits
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; 2009, c. 548, §§ 4, 5, eff. March 25, 2010; 2011, c. 18, § 1, eff. April 1, 2011; 2013, c. 348, §§ 1, 2, eff. Oct. 9, 2013.
Chapter 745. Sale of Dogs and Cats.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Animal. “Animal” means a dog, wholly of the species canis familiaris, or a cat, wholly or in part of the species felis domesticus.
1-A. Animal rescue entity. “Animal rescue entity” means a nonprofit organization having tax-exempt status under the United States Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole or in significant part, the rescue and placement into permanent homes of animals and that does not breed animals.
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.
3-A. Offer for sale. “Offer for sale” means to sell, offer to transfer, offer for adoption, advertise for sale, barter, auction, give away or otherwise dispose 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 grandfathered pet shop. “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. For purposes of this section, “grandfathered pet shop” has the same meaning as in section 3933.
5. Veterinarian. “Veterinarian” means a person licensed as a veterinarian in any state.
Credits
1995, c. 589, § 1; 1997, c. 690, § 50; 2007, c. 439, § 31; 2007, c. 702, §§ 21, 22; 2011, c. 100, § 14, eff. May 19, 2011; 2019, c. 544, §§ 4 to 6, eff. June 16, 2020.
1. Required disclosure. A seller shall deliver to a purchaser of an animal a written disclosure containing the following:
A. An animal history that includes:
(1) For sellers licensed with the United States Department of Agriculture, the name, address and United States Department of Agriculture license number of the breeder and any broker who has had possession of the animal. For sellers licensed with the State, the name, address of the seller and the license number issued under section 3931-A, 3933 or 4163;
(2) The date of the animal's birth;
(3) The date the seller received the animal if the animal was not born on the seller's premises;
(4) The breed, sex, color and identifying marks of the animal. If the breed is unknown or mixed, that fact must be stated;
(5) The individual identifying tag, tattoo, microchip identification number or collar number;
(6) For pure bred animals that are advertised as eligible for registration, the name and registration number of the sire and dam and, if available, the litter number; and
(7) A record of inoculations, internal or external parasite treatments, medication or any veterinarian examination or treatment received by the animal while in the possession of the seller;
B. A statement signed by the seller that the animal at time of delivery has no known health problem or a statement disclosing any known health problem.
The statement must include the date at which the seller is aware that the animal was last seen by a veterinarian;
C. A seller who represents an animal as eligible for registration with an animal pedigree organization shall provide the retail purchaser with a notice stating that pedigree registration does not assure health or quality of an animal; and
D. The seller shall indicate whether or not, to the seller's knowledge, the animal or its sire or dam is registered with, and whether the animal is certified by any organization that maintains a registry pertaining to congenital or hereditary problems and explain the meaning of these terms.
2. Optional disclosure. The seller may provide the purchaser with a list of congenital or hereditary problems that are known to affect the breed being purchased and a list of any health problems for which the seller does not warranty the animal.
3. Disclosure procedures. The following disclosure procedures must be followed.
A. The disclosure required by subsection 1 must be made part of the statement of consumer rights set forth in section 4160.
B. The written disclosure made pursuant to this section must be signed by both the seller certifying the accuracy of the statement and by the purchaser of the animal acknowledging receipt of the statement.
C. The seller shall make a prospective purchaser aware that the purchaser may see this information prior to purchase.
CREDIT(S)
1995, c. 589, § 1; 1997, c. 690, § 51; 2007, c. 702, § 23; 2009, c. 403, § 9.
§ 4152-A. Documents necessary for breed registration
2009, c. 403, § 10.
1. Animal with disease, illness or condition. Notwithstanding section 4152, a seller may not sell an animal that has any obvious clinical sign of infectious, contagious, parasitic or communicable disease or abnormality or has any disease, illness or condition that requires hospitalization or nonelective surgical procedures.
2. Wolf hybrid. A seller may not sell a wolf hybrid.
3. Pet shop. Except as provided in this subsection, a pet shop as defined in section 3907, subsection 23 may not offer an animal for sale.
A. A pet shop may provide space to an animal rescue entity to offer to the public animals for adoption for an adoption fee, as long as the pet shop does not have any ownership interest in the animals offered for adoption and does not receive any fee for providing space or for the adoption of any of the animals.
B. A pet shop that lawfully offered animals for sale on the effective date of this paragraph may continue to offer animals for sale as long as the pet shop:
(1) Maintains a valid license under section 3933;
(2) Remains in the same ownership as existed on May 1, 2019; and
(3) Keeps for sale or offers for sale in any calendar year no greater a number of animals than were kept for sale or offered for sale by the pet shop in calendar year 2018.
In order to qualify for the exception allowed under this paragraph, a pet shop must provide to the department, in a form and manner prescribed by the department, documentation of the ownership of the pet shop on May 1, 2019 as well as the number of animals offered for sale in 2018 and annually thereafter. For purposes of this paragraph, “remains in the same ownership” means a static state of ownership in which no ownership interest changes after May 1, 2019, except, in the case of a pet shop that on May 1, 2019 was owned by a family, a transfer of an ownership interest to the spouse, domestic partner or one or more children of the oldest member of the family holding an ownership interest on May 1, 2019. For purposes of this paragraph, “family” means one person or a group of people whose relationship to the oldest person in the group is either spouse, domestic partner or child. In order to maintain a valid license, the pet shop must provide to the department, in a form and manner prescribed by the department, documentation of any transfer of ownership under this paragraph. If there is ambiguity as to whether a pet shop remains in the same ownership, the pet shop does not satisfy the requirements of subparagraph (2).
4. Penalties. A person who violates subsection 3 commits a civil violation for which a fine of $500 may be adjudged and is subject to the suspension or revocation of the person's pet shop license pursuant to section 4162, subsection 2. Each offer for sale of an animal in violation of subsection 3 constitutes a separate violation.
Credits
1995, c. 589, § 1; 2007, c. 702, § 24; 2011, c. 100, § 15, eff. May 19, 2011; 2019, c. 544, § 7, eff. June 16, 2020.
§ 4154. Repealed. Laws 1997, c. 690, § 52.
§4155. Rights of the purchaser
1. Unfit for sale. If, within 10 days after receipt of the animal by the purchaser, a veterinarian states in writing that the animal has a health problem that existed in the animal at the time of delivery or if, within one year after receipt of the animal by the purchaser, a veterinarian states in writing that due to a hereditary or congenital defect the animal has died or has a condition that will shorten its life or will require constant treatment during its life, the animal is considered to have been unfit for sale at the time of sale.
2. Death; remedies. When an animal dies due to a health problem that would have rendered the animal unfit for sale pursuant to subsection 1, and that health problem existed in the animal at the time of delivery to the purchaser but was not disclosed under the provisions of section 4152, the seller shall provide the purchaser with one of the following remedies selected by the purchaser:
A. An animal of equal value, if available; or
B. A refund of the full purchase price of the animal.
3. Health problem; remedies. When an animal has a health problem that renders the animal unfit for sale pursuant to subsection 1, and that health problem existed in the animal at the time of delivery to the purchaser but was not disclosed under the provisions of section 4152, the seller shall provide the purchaser with one of the following remedies selected by the purchaser:
A. Return of the animal to the seller for a refund of the full purchase price of the animal;
B. Exchange of the animal for an animal of the purchaser's choice of equivalent value, if a replacement is available;
C. Retainment of the animal and reimbursement for 1/2 of the reasonable veterinary fees not to exceed 1/2 of the original purchase price of the animal; or
D. For an animal with less than one year of life expectancy, as determined by a veterinarian pursuant to subsection 1, retainment of the animal and a full refund of the original purchase price of the animal. Reimbursement of veterinary fees by the seller is not required under this paragraph.
4. Veterinary service; fees. The fee for veterinary service is reasonable if the service is appropriate for the diagnosis and treatment of the health problem and the fee for the service is comparable to fees charged by other veterinarians who are in proximity to the treating veterinarian.
5. Sellers not exempt. Sellers may not, contractually or otherwise, exempt themselves from the remedies provided by this section for deaths or health problems in animals caused by infectious, contagious, parasitic or communicable disease or for deaths or health problems in animals caused by hereditary or congenital defects as described in subsection 1.
Credits
1995, c. 589, § 1; 2007, c. 439, § 32; 2007, c. 702, §§ 25 to 27; 2019, c. 90, §§ 1 to 3, eff. Sept. 19, 2019.
§4156. Responsibilities of purchaser
To obtain the remedies provided in section 4155, the purchaser has the following responsibilities with respect to an animal with a health problem.
1. Veterinary diagnosis. The purchaser must notify the seller, within 2 business days, of the diagnosis by a veterinarian of a health problem and provide the seller with the name and telephone number of the veterinarian and a copy of the veterinarian report on the animal.
2. Refund. If the purchaser wishes to receive a full refund for the animal, the purchaser must return the animal no later than 2 business days after receipt of a written statement from a veterinarian indicating that the animal is unfit due to a health problem. With respect to a dead animal, the purchaser must provide the seller with a written statement from a veterinarian indicating that the animal died from a health problem that existed on or before the receipt of the animal by the purchaser. This subsection does not apply to a refund requested pursuant to section 4155, subsection
3, paragraph D.
Credits
1995, c. 589, § 1; 2007, c. 702, §§ 28, 29; 2019, c. 90, § 4, eff. Sept. 19, 2019.
1. Refusal to sell. A seller may refuse to sell an animal to a potential purchaser who appears not to accept or understand the provisions of this chapter.
2. Exemption from purchaser remedies. A refund, replacement or reimbursement of veterinary fees is not required if any one or more of the following conditions are met.
B. A disclosure statement was provided to the purchaser pursuant to section 4152 that disclosed the health problem for which the purchaser seeks to return the animal.
C. The health problem is a hereditary or congenital one covered by section 4152.
CREDIT(S)
1995, c. 589, § 1; 2007, c. 439, § 33; 2007, c. 702, § 30.
1. Demand for remedy; contest. When a seller wishes to contest a demand for the remedy specified in section 4155, the seller may require the purchaser to produce all the veterinarian's records and the animal for examination or autopsy by a veterinarian designated by the seller. The veterinarian designated by the seller must be practicing at a veterinary clinic within 100 miles of the purchaser's residence. The seller shall pay the cost of this examination or autopsy. The seller has a right of recovery against the purchaser if the seller is not obligated to provide a remedy under section 4155.
2. Right to court action. If the seller does not provide the remedy selected by the purchaser set forth in section 4155, the purchaser may initiate a court action. The prevailing party in the court action has the right to recover costs and reasonable attorney's fees.
CREDIT(S)
1995, c. 589, § 1; 1997, c. 690, § 53; 2007, c. 702, §§ 31, 32.
A seller whose facility has public access shall post, in a prominent location in the area to which a prospective purchaser would have access, a notice printed in a minimum of 48-point, bold-faced type and containing the following language:
CREDIT(S)
1995, c. 589, § 1; 2007, c. 702, § 33.
§4160. Notice of consumer rights
1. Written notice. A seller shall provide the purchaser a written notice of rights, signed by the seller, certifying the accuracy of the information contained in the notice. The notice must be signed by the purchaser, acknowledging that the purchaser has reviewed and understood the written notice. A signed copy must be retained by the seller and one copy given to the purchaser. The notice must be in a minimum of 16-point, bold-faced type and must state the following:
2. Oral notice. In addition, all medical information required to be disclosed pursuant to this section must be orally disclosed to the purchaser by the seller prior to purchase.
CREDIT(S)
1995, c. 589, § 1; 2007, c. 702, §§ 34, 35.
This chapter does not limit the rights or remedies that are otherwise available to a purchaser under any other law.
CREDIT(S)
1995, c. 589, § 1; 1997, c. 690, § 54.
1. Civil violation. A person who fails to meet a requirement of this chapter commits a civil violation for which a fine of not less than $50 or more than $500 per violation may be adjudged.
2. Action against pet shops and breeding kennels. The department may, in accordance with Title 5, chapter 375, subchapter 5, revoke or suspend the license of a pet shop or breeding kennel that violates any provision of this chapter or rules adopted under section 3906-B, subsection 10 to implement this chapter.
CREDIT(S)
1995, c. 589, § 1; 1997, c. 690, § 55; 1999, c. 547, § B-78, eff. March 15, 2001; 2009, c. 343, § 24.
§ 4163. Dog or cat vendor's license
A person may not advertise for sale, sell or exchange for value more than one cat or dog under the age of 6 months in a 12-month period unless that person has a valid animal shelter, kennel or breeding kennel license or a valid vendor's license issued under this section.
1. Vendor's license; fee. A person may apply for a vendor's license by completing and submitting to the department an application form provided by the department. Upon receipt of a completed application, the department shall issue a vendor's license and an identifying license number that is valid for a period of 90 days from the date of issuance. A person is entitled to one vendor's license in a 12-month period at no charge. A fee of $25 must be submitted with each additional application for a vendor's license within a 12-month period.
2. Advertising. A person possessing a vendor's license issued under this section must include that vendor's license number in any form of advertising, brochure or sign that announces the availability of a dog or cat for sale or exchange. The vendor's name and license number must be provided to a person purchasing or otherwise receiving a dog or cat from the vendor.
3. Violation. A person who fails to comply with this section commits a civil violation for which a fine of not less than $50 nor more than $200 may be adjudged, none of which may be suspended.
Credits
2007, c. 439, § 34; 2007, c. 702, §§ 36, 37; 2019, c. 544, § 8, eff. June 16, 2020.
2003, c. 655, § B-117; 2015, c. 90, § 2, eff. Oct. 15, 2015.
1. Collar required. A person may not hunt with a dog in pursuit of bear, coyote, bobcat, fox or raccoon unless the dog has a collar with a functioning global positioning system tracker and a collar that legibly provides the name, telephone number and address of the owner of that dog. For purposes of this subsection, “global positioning system tracker” means an electronic device that allows a person hunting with a dog to track the dog's location at all times.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
2. Limit on number of dogs. A person or persons may not use more than 6 dogs at any one time to hunt coyotes, foxes, raccoons or bobcats. A person who violates this subsection commits a Class E crime.
3. Night hunting with dogs. A person may not use a dog to hunt coyotes during the period from 30 minutes after sunset to 30 minutes before sunrise. A person who violates this subsection commits a Class E crime.
Credits
2011, c. 432, § 2, eff. July 6, 2011; 2021, c. 580, §§ 8, 9, eff. Aug. 8, 2022.
.
2003, c. 414, § A-2; 2003, c. 655, § B-158, eff. Aug. 31, 2004; 2009, c. 390, § 3; 2009, c. 550, § 4, eff. March 25, 2010; 2013, c. 280, § 7, eff. June 18, 2013; 2023, c. 431, § 10, eff. Jan. 1, 2024.
2003, c. 414, § A-2; 2003, c. 655, § B-187, eff. Aug. 31, 2004.
1. Bear. This subsection applies to the taking or killing of bear found doing damage.
A. Section 12402 does not prohibit the taking or killing of bear found doing damage to blueberry land.
B. The commissioner may issue a permit to any licensed beekeeper, or to a person entrusted with the custody of the beehives of a licensed beekeeper, authorizing that person to protect beehives from damage by bear.
C. The commissioner may suspend the game laws relating to bears in such restricted localities and for such periods of time as the commissioner finds it advisable to relieve excessive damage being done by bears to sweet corn or other crops.
D. The commissioner may suspend subsection 6 for the purpose of allowing dogs to be used in hunting and killing bears, providing the dogs are under the personal supervision of the owner at all times, for such periods of time as the commissioner finds it advisable.
2. Beaver. Except as provided in paragraph A, a person may not take or kill beaver under sections 12401 and 12402.
A. In accordance with section 10105, subsection 1, the commissioner may at any time authorize a landowner, a person on behalf of the landowner or an agent of the department to take or kill nuisance beaver.
A person who violates this subsection commits a Class E crime.
3. Birds. A person may not take or kill wild birds, with the exception of English or European house sparrows, European starlings, rock pigeons, also known as rock doves, and wild turkeys under sections 12401 and 12402.
A person who violates this subsection commits a Class E crime.
4. Coyotes. The commissioner may cause department personnel to take coyotes at any time and in any manner that the commissioner may prescribe.
5. Deer. This subsection applies to the control of nuisance deer in orchards and crops.
A. Whenever deer are doing damage to orchards and crops, including legumes, but excepting grass, the department shall furnish to the owner or agent of the orchards and crops suitable repellants without cost to the owner or agent. The commissioner may follow other good conservation practices to alleviate the damage.
B. Whenever the commissioner determines it impossible to keep deer from doing damage to young orchards, the commissioner may enter into an agreement with the owner of a young orchard in which the department assumes ½ the cost of fencing the orchard.
6. Dogs. This subsection applies to nuisance dogs.
A. A game warden may kill a dog outside the enclosure or immediate care of its owner or keeper when the game warden finds that dog:
(1) Chasing, killing, wounding or pursuing a moose or deer at any time;
(2) Chasing, killing, wounding or pursuing any other wild animal in closed season; or
(3) Worrying, wounding or killing a domestic animal, livestock or poultry.
B. An owner of domestic animals, livestock or poultry, a member of the owner's family or a person to whom is entrusted the custody of domestic livestock or poultry may kill any dog killing or attacking the domestic animals, livestock or poultry.
C. A person having evidence of a dog chasing, killing, wounding or pursuing moose or deer or any other wild animal in closed season may present that evidence to the commissioner or any game warden.
(1) The commissioner or game warden shall give notice in writing to the owner or keeper of the dog, stating the acts committed by the dog.
(2) After the owner or keeper of the dog has received written notice that the dog has committed any act prohibited by paragraphs E-1, E-2, F and G, anyone may kill the dog when it is found committing any of those prohibited acts.
D. Repealed. Laws 2003, c. 552, § 14.
E. Deleted. Laws 2003, c. 655, § B-243, eff. Aug. 31, 2004.
E-1. Except as provided in paragraphs F and G, the owner or keeper of a dog is in violation of this paragraph if that owner's or keeper's bird dog, retrieving dog or hound dog is found killing or wounding a moose, deer or wild turkey during a period in which it is lawful to train dogs, as provided for in section 12051, subsection 1, while the dog is at a licensed dog training area or at a licensed trial for retrieving dogs.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates this paragraph after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
E-2. Except as provided in paragraphs F and G, the owner or keeper of a dog is in violation of this paragraph if that owner or keeper has been notified under paragraph C and that owner or keeper permits any dog mentioned in the notice to leave the owner's or keeper's immediate control.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates this paragraph after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
F. The owner or keeper of a dog is in violation of this paragraph if that owner's or keeper's dog is found chasing or pursuing a moose, deer or wild turkey at any time or any other wild animal in closed season.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates this paragraph after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
G. The owner or keeper of a dog is in violation of this paragraph if that owner's or keeper's dog is found killing or wounding a moose, deer or wild turkey at any time or any other wild animal in closed season.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $500 nor more than $1,000 may be adjudged.
(2) A person who violates this paragraph after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
7. Muskrat. The commissioner may declare an open season on muskrats that are polluting water supplies or damaging property if the owner makes a written complaint to that effect to the commissioner.
8. Raccoons. The commissioner may suspend the game laws relating to raccoons in such restricted localities and for such periods of time as the commissioner finds it advisable to relieve excessive damage being done by raccoons to sweet corn or other crops. The commissioner may suspend subsection 6 for the purpose of allowing dogs to be used in hunting and killing raccoons, providing the dogs are under the personal supervision of the owner at all times, for such periods of time as the commissioner finds it advisable.
Credits
2003, c. 414, § A-2; 2003, c. 552, § 14; 2003, c. 655, §§ B-242. B-243, eff. Aug. 31, 2004; 2005, c. 477, § 14, eff. March 8, 2006; 2019, c. 355, § 7, eff. June 18, 2019; 2021, c. 60, § 1, eff. May 25, 2021.
Title 12. Conservation. Part 13. Inland Fisheries and Wildlife. Subpart 4. Fish and Wildlife. Chapter 915. Hunting: Seasons, Requirements and Restrictions. Subchapter 13. Hunting Dog Training and Field Training
1. Open training season. Unless otherwise provided in this Part, a person may not train dogs on wild birds and wild animals except as follows.
A. A person may train dogs on foxes, snowshoe hare, gray squirrels, red squirrels and raccoons from July 1st through the following March 31st, including Sundays.
B. A person may train sporting dogs on wild birds at any time, including Sundays.
C. A resident may train up to 6 dogs at any one time on bear from July 1st to the 4th day preceding the open season on hunting bear, except in those portions of Washington County and Hancock County that are situated south of Route 9.
D. Notwithstanding paragraph C, until May 1, 2025, in those portions of Washington County and Hancock County that are situated south of Route 9, a resident may train up to 6 dogs at any one time on bear from July 1st to the 4th day preceding the open season on hunting bear except that permission is required to train dogs on land used for wild blueberry production.
This paragraph is repealed May 1, 2025.
Except on Sundays, a person may not engage in activities authorized under this subsection unless that person possesses a valid hunting license issued under section 11109. A person may train dogs on pen-raised birds at any time without a license. For the purpose of this subsection, “pen-raised birds” includes, but is not limited to, quail, pheasant, pigeons and Hungarian partridge.
A person who violates this subsection commits a civil violation.
1-A. Repealed. Pursuant to its own provisions, eff. June 30, 2010.
2. Repealed. Laws 2013, c. 280, § 12, eff. June 18, 2013.
2-A. Collar requirements. A person may not train a dog on bear, fox or raccoon unless the dog has a collar with a functioning global positioning system tracker and a collar that legibly provides the name, telephone number and address of the owner of that dog. For purposes of this subsection, “global positioning system tracker” means an electronic device that allows a person hunting with a dog to track the dog's location at all times.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
2-B. Permit requirement. A person may not train a dog in pursuit of a bear, fox or raccoon unless that person has a valid dog training and hunting permit in accordance with section 11163. A person who violates this subsection is subject to the penalties provided in section 11163.
3. Possessing firearm while training dogs. A person may not possess a firearm while training a dog outside of the open training season on foxes, snowshoe hare, gray squirrels, red squirrels and raccoons as set out in subsection 1, paragraph A.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
4. Repealed. Laws 2003, c. 655, § B-192, eff. Aug. 31, 2004.
5. Unlawful use of firearm during training or field trials. Except as otherwise provided in this subsection, a person may not possess during the training or field trials permitted in this section and section 12054 a firearm other than a blank pistol or shotgun loaded with blank ammunition, except during an open season for hunting. The commissioner may issue a permit to a person authorizing the use of firearms during the training of sporting dogs to shoot and kill wild birds propagated or legally acquired by the permittee and possessed in accordance with section 12152.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
6. Effect of revocation. A person may not train dogs under this section if that person has a suspended or revoked license pursuant to section 10902.
Credits
2003, c. 414, § A-2; 2003, c. 655, §§ B-191 to B-193, eff. Aug. 31, 2004; 2009, c. 76, § 1, eff. May 4, 2009; 2009, c. 550, § 7, eff. March 25, 2010; 2011, c. 253, §§ 21, 22, eff. June 8, 2011; 2011, c. 309, § 4; 2013, c. 247, §§ 1, 2, eff. June 13, 2013; 2013, c. 280, § 12, eff. June 18, 2013; 2013, c. 286, §§ 1, 2, eff. Oct. 9, 2013; 2013, c. 588, § A-16, eff. April 30, 2014; 2021, c. 580, §§ 10, 11, eff. Aug. 8, 2022; 2023, c. 134, §§ 1, 2, eff. June 8, 2023; 2023, c. 172, § 1, eff. June 15, 2023; 2023, c. 431, § 11, eff. Jan. 1, 2024.
§ 12052. Special dog training area license
1. License required. Except as otherwise authorized under this Part, a person may not engage in an activity authorized under this section unless that person has a valid license issued under this section. Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.
2. Application and issuance. Upon application of a club or organization having 25 or more resident members, the commissioner may issue to the club or organization a license authorizing the following.
A. The licensee may establish and maintain on land owned by the licensee, or over which the licensee has legal control, a special dog training area in which and on which dogs may be trained at any time during the year.
B. The licensee may at any time during the year train the licensee's own dogs or the dogs of other persons on that area.
C. The licensee may hold field trials at any time on that area or permit, in writing, others to hold field trials on that area under such conditions as are mutually agreed on.
No more than 8 clubs in any one county may be issued a license.
3. Fee. The fee for a special dog training area license is $27.
4. Restrictions. The following provisions must be observed.
A. Each club licensed under this section may not establish more than 2 special dog training areas, each of which may not be less than 20 acres.
B. A club may not control more than a total of 400 acres.
C. A person shall plainly and conspicuously post the boundary line of a special dog training area with legible notices at least 11 inches square, placed not more than 100 yards apart, that must bear the following warning:
“SPECIAL DOG TRAINING FIELD TRIAL AREA --HUNTING AND TRAPPING IS UNLAWFUL. This land is set aside under special license for the training of dogs and the holding of field trials. Entering on this land for the purpose of hunting or permitting dogs to enter without proper authorization is prohibited.”
The name and address of the licensee must be printed on the notice.
5. Use of special dog training area other than by licensee. Unless the area is completely enclosed with rabbit-proof fence, a person not a licensee may train that person's own dogs or the dogs of other persons on a special dog training area under the following conditions.
A. The person shall apply in writing to the licensee and must receive a permit to do so, for which a charge not to exceed $2 may be made, which amount is retained by the licensee.
Unless the special dog training area is completely enclosed by rabbit- proof fence, a licensee's failure to make reasonable provision for the use of that special dog training area by persons not licensees is sufficient grounds for the department to deny a renewal of license.
6. Stocking by commissioner. The commissioner may, from time to time during each year, stock wild animals or wild birds at the special dog training area and shall charge the licensees a reasonable price for them.
7. Stocking by licensee. This section is not to be construed as authorizing licensees to liberate a wild bird or quadruped coming from outside of the State on a special dog training area.
8. Violation of license restriction. A person may not violate any restriction of a license or permit issued in accordance with this section.
A. A person who violates a license or permit restriction under this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates a license or permit restriction under this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Each day a person violates a license or permit restriction under this section that person commits a separate violation.
Credits
2003, c. 414, § A-2; 2003, c. 655, §§ B-194, B-195, eff. Aug. 31, 2004; 2005, c. 12, § III-19; 2019, c. 65, § 1, eff. April 30, 2019.
§ 12053. Unlawful use of licensed dog training area
1. Unlawful use of licensed dog training area. The following provisions apply to licensed dog training areas.
A. A person may not hunt on a licensed dog training area licensed under section 12052 except that the owner of the land being used as a licensed dog training area may hunt wild animals and wild birds on the training area to the extent permitted by this Part.
B. A person may not do any of the following on a dog training area licensed and posted in accordance with section 12052 except as provided in section 12052:
(1) Train a dog;
(2) Hold a field trial;
(3) Enter the area accompanied by a dog; or
(4) Permit a dog of which that person is the owner or trainer to enter the area.
C. Repealed. Laws 2003, c. 655, § B-196, eff. Aug. 31, 2004
2. Penalties. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates subsection 1 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Credits
2003, c. 414, § A-2; 2003, c. 655, §§ B-196, B-197, eff. Aug. 31, 2004.
§ 12054. Field trials; raccoon and rabbits
1. Raccoon dog field trials. A person may hold raccoon dog field trials at any time.
2. Rabbit hound field trials. A person may not hold field trials for beagles and other rabbit hounds except from September 1st through the following April 10th. A person who violates this subsection commits a civil violation.
3. Sporting dog field trials. The licensing and conduct of sporting dog field trials is governed by section 12055.
Credits
2003, c. 414, § A-2; 2023, c. 431, § 12, eff. Jan. 1, 2024.
§ 12055. License to hold field trials; wild birds
1. License required. A club or organization may not hold field trials as provided under this section unless the club or organization has a valid license issued under this section. Each day a person violates this subsection that person commits a civil violation.
2. Application and issuance. Upon application of a club or organization, the commissioner may, at the commissioner's discretion, issue to the club or organization a license authorizing the following.
A. The licensee may hold, at the time and place stated in the license, a field trial for sporting dogs for the purpose of demonstrating the skill of the dogs in finding, tracking, flushing, pointing or retrieving dead or wounded wild birds.
B. Members of the licensee club or organization may shoot and kill with firearms wild birds propagated or legally acquired by members of the licensee at the field trial held at the time and place specified in the license.
C. Persons may participate in a field trial pursuant to this section without a hunting license.
A separate application must be filed for each field trial proposed to be held by a club or organization, as described in this section.
3. Fee. The fee for a license to hold field trials for sporting dogs is $27.
4. Shooting hours and consent. Members of the licensee club or organization may not shoot and kill birds, unless it is during the daylight hours and only with the consent of the owner of or person having legal control of the land on which the field trial is held.
5. Violation of restrictions. A person may not violate any restriction of a license or permit issued in accordance with this section.
A. A person who violates a license or permit restriction under this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates a license or permit restriction under this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Each day a person violates a license or permit restriction under this section that person commits a separate violation.
Credits
2003, c. 414, § A-2; 2003, c. 655, § B-198, eff. Aug. 31, 2004; 2005, c. 12, § III-20; 2017, c. 205, § 10, eff. Nov. 1, 2017; 2023, c. 431, § 13, eff. Jan. 1, 2024.
Title 17-a. Maine Criminal Code. Part 2. Substantive Offenses. Chapter 31. Offenses Against Public Administration
§ 752-B. Unlawful interference with law enforcement dogs
1. A person is guilty of unlawful interference with a law enforcement dog if the person intentionally or knowingly:
A. Kills, mutilates or permanently disables any dog that is in fact certified for law enforcement use and that the person knows or reasonably should have known is used for law enforcement purposes. Violation of this paragraph is a Class C crime; or
B. Torments, beats, strikes, injures, temporarily disables or otherwise mistreats any dog that is in fact certified for law enforcement use and that the person knows or reasonably should have known is used for law enforcement purposes. Violation of this paragraph is a Class D crime.
2. For the purposes of this section, a dog is certified for law enforcement use if the State has certified that the dog has satisfactorily completed requisite training for one or more law enforcement purposes.
3. Repealed. Laws 2001, c. 383, § 83, eff. Jan. 31, 2003.
Credits
1989, c. 446, § 2; 2001, c. 383, §§ 82, 83, eff. Jan. 31, 2003; 2005, c. 69, § 1.
Title 17. Crimes. Chapter 42. Animal Welfare. Subchapter 4. Euthanasia of Cats and Dogs
§ 1044. Tranquilizing cats and dogs
Prior to the euthanasia of cats and dogs, sedatives may be administered to these animals. Curariform immobilizers shall not be used on cats and dogs prior to euthanasia, except by veterinarians in extreme circumstances.
Credits
1987, c. 383, § 4.
Title 22. Health and Welfare. Subtitle 2. Health. Part 3. Public Health. Chapter 251. Communicable Diseases. Subchapter 5. Rabies or Hydrophobia.
§ 1311. Killing or impounding of dogs
The department may, in the case of an emergency or threatened epidemic of rabies or hydrophobia when in its opinion the health and safety of the people in a community are endangered, issue orders to the mayor of any city or the municipal officers of any town or plantation to have killed any dogs found loose in violation of quarantine regulations and impounded for a period of 72 hours without being claimed by their owner.
The mayor of any city or the municipal officers of any town or plantation shall forthwith direct that such dogs be killed by a police officer or constable.
Credits
R.S.1954, c. 25, § 43.
Title 29-a. Motor Vehicles. Chapter 19. Operation. Subchapter 1. Rules of the Road
§ 2087. Transporting dogs in open vehicle regulated
Transporting dogs in an open vehicle is governed by this section.
1. Definition. For the purposes of this section, “open vehicle” means a motor vehicle with a portion of the vehicle not enclosed by a top and windows or sides. “Open vehicle” includes, but is not limited to, pickup trucks and convertibles.
2. Restrictions. A person driving an open vehicle may not transport a dog in the open portion of that vehicle on a public way unless the dog is protected in a manner that prevents the dog from falling or jumping or being thrown from the vehicle.
3. Exceptions. Notwithstanding subsection 2, this section does not apply to:
A. A dog being transported by a farmer or a farm employee who is engaged in agricultural activities requiring the services of a dog; or
B. A hunting dog at a hunting site or being transported between hunting sites by a licensed hunter who is in possession of all applicable licenses and permits for the species being pursued during the legal season for that activity.
Credits
1999, c. 254, § 26; R.R.1999, c. 1, § 40, eff. Oct. 1, 1999.