An Act To Allow Municipalities To Hire Full-time Humane Law Enforcement Officers
Maine Legislature, Session 121, LD 0618
Committee: Criminal Justice and Public Safety
Sponsors: LaFOUNTAIN, SULLIVAN, LA VERRIERE-BOUCHER
Amends: 7 MRSA §3906-B, 7 MRSA §3907, 7 MRSA §3947, 7 MRSA §3950-A, 7 MRSA §3952, 7 MRSA §4011-A, 17 MRSA §1011, 17 MRSA §1021, 25 MRSA §2804

12lst MAINE LEGISLATURE 
Legislative Document 
No. 618 
S.P.227 
In Senate, February 11, 2003 
An Act To Allow Municipalities To Hire Full-time Humane Law 
Enforcement Officers 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator LaFOUNTAIN of York. 
Cosponsored by Representative SULLIVAN of Biddeford and 
Representative: LA VERRIERE-BOUCHER of Biddeford. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 7 MRSA §3906-B. sub-§4. as amended by PL 1997, c. 690, 
§2, is further amended to read: 
4. 
Training and certification of animal control officers 
and 
humane 
law enforcement officers. 
The 
commissioner shall 
develop a program to train animal control officers and humane law 
enforcement officers. 
This 
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 
commissioner shall certify all animal 
control officers and humane law enforcement officers who complete 
the training program. 
Sec. 2. 7 MRSA §3906-B. sub-§4-A is enacted to read: 
4-A. 
Humane law enforcement officer; additional trainin9...-
In addition to the training and certification reguirements found 
in subsection 4, 
a 
humane 
law enforcement officer must also 
successfully complete the preservice 
law enforcement training 
reguirements in Title 25, section 2804-B and the in-service law 
enforcement training reguirements in Title 25, section 2804-E in 
order to have the power to make arrests or to carry a firearm. 
A 
humane law enforcement officer is exempt from Title 25, section 
2804-C. 
Sec. 3. 7 MRSA §3907. sub-§I5-B is enacted to read: 
15-B. 
Humane 
law 
enforcement 
officer. 
"Humane 
law 
enforcement 
officer" 
means 
a 
person 
meeting 
the 
training 
reguirements 
of 
section 
3906-B, 
subsection 
4-11. 
appointed 
periodically by a municipality pursuant to chapter 725. 
Sec. 4. 7 MRSA §3947. as amended by PL 1997, c. 690, §28, is 
further amended to read: 
§3947. 
Animal 
control 
officers 
and 
humane 
law 
enforcement 
officers 
Each. municipality shall appoint one or more animal control 
officers or humane 
law enforcement officers whose duties are 
enforcement of 6eetieB6-J~~~7-J~~~7--~~--~~r-~~~r-~~4~r-~948T 
~999T-~geQ-A7-~~e~-~~-~-~~~-~~r-&&G~~~-lgb~-te6peBeiB~ 
te-~~~~-G~-~~~--&~&p&&~-e~-~~-FaBie6--~-aeeeteaBee 
witR--'I4-t...,l-e--~;h--&eG-t-i<>ns--l~B-~-l~B-A all applicable animal 
welfare laws and such other duties to control animals as the 
municipality may require. 
Page l-LR0222(1) 
A municipality 
may 
not 
appoint 
a 
person 
who 
has 
been 
convicted of a Class A, 
or C crime or murder, or what would 
constitute one of those crimes in another jurisdiction, or of a 
criminal 
violation 
under 
Title 
17, 
chapter 
or 
has 
been 
adjudicated of a civil violation for cruelty to animals under 
chapter 739 to the position of animal control officer or humane 
law enforcement officer. 
Animal control officers must be certified in accordance with 
section 3906-8, subsection 4. 
Humane law enforcement officers 
must be certified in accordance with section 3906 8, subsections 
and 4 A. 
A humane law enforcement officer may not make arrests 
or carry a firearm unless the humane law enforcement officer as 
successfully completed the training requirements under Title 25, 
sections 2804-8 and 2804-E. 
Upon initial appointment, an animal 
control officer must complete training and be certified by the 
commissioner within 6 months of appointment. 
Upon appointment of an animal 
enforcement officer, the municipal 
commissioner of the name, 
address 
aaima±-e9atF9± officer. 
control officer or humane law 
e±eFks clerk shall notify the 
and telephone number of the 
Sec. 5. 7 MRSA §3950-A, first" as amended by PL 1997, c. 690, 
§33, is further amended to read: 
Any 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 
9F-L 
animal 
control 
officer, 
humane 
law 
enforcement officer or humane agent who refuses or intentionally 
fails to perform the duties imposed by 
eRa~t:eFs--1-l-9-,--1-6-O-r-:;Z6±T 
:;Z6s--and---1-6-1--aaEi--by--t:-h-i-s--eRa~t;.eF applicable animal welfare laws 
commits a civil violation for which a forfeiture of not less than 
$50 nor more than $250 and costs may be adjudged. 
Sec. 6. 7 MRSA §3952, sub-§3, as amended by PL 1999, c. 350, 
§z, is further amended to read: 
3. 
Dogs 
presenting 
immediate 
threat to public. 
After 
issuing a 
summons 
and before 
ReaFia~ arraignment, if the dog 
poses an immediate or continuing threat to the public, a sheriff, 
local 
law enforcement officer 
9F-L 
animal 
control officer or 
humane law enforcement officer shall order the owner or keeper of 
the dog to muzzle, restrain or confine the dog to the owner' s 
premises or to have the dog confined at the owner's expense at a 
place determined by the sheriff, local law enforcement officer 
9F-L animal control officer or humane law enforcement officer. 
If 
the owner or keeper fails to comply, 
the sheriff, local law 
enforcement officer 
9F-L 
animal control officer or humane 
law 
enforcement officer may apply to District Court, Superior Court 
or a justice of the peace for an ex parte order for authorization 
to 
take 
possession of 
the 
dog 
that 
poses 
an 
immediate 
or 
continuing threat to the public and turn the dog over to the 
applicant or other suitable person. 
Sec. 7. 7 MRSA §4011-A is enacted to read: 
§4011-A. 
Investigation and enforcement of cruelty violations 
A sheriff, deputy sheriff, police officer, constable, animal 
control officer, humane law enforcement officer or humane agent 
shall investigate cases of cruelty to animals and enforce the 
laws governing cruelty to animals. 
Sec. 8. 17 MRSA §1011, sub-§15-B is enacted to read: 
15-B. 
Humane 
law 
enforcement 
officer. 
"Humane 
law 
enforcement 
officer" 
means 
a 
person 
meeting 
the 
training 
reguirements of Title 7, section 3906-B, subsection 4-A appointed 
periodically by a municipality pursuant to Title 7, chapter 725. 
Sec. 9. 17 MRSA §1021, sub-§5-A, as amended by PL 1995, c. 
490, §24, is further amended to read: 
5-A. 
Seizure by state humane agent, 
humane 
law enforcement officer without 
state veterinarian or 
court order. 
A state 
humane agent e~~ a state veterinarian or a humane law enforcement 
officer who has reasonable cause to believe that a violation of 
section 1031 or 1032 has taken place or is taking place may take 
possession of the cruelly treated animal. 
Upon taking possession 
of an animal under this section, the humane agent eF~ the state 
veterinarian or the humane law enforcement officer shall present 
the owner with a notice that: 
A. 
States the reason for seizure; 
B. 
Gives the name, address and phone number of the humane 
agent 
e~~ 
the 
state 
veterinarian 
or 
the 
humane 
law 
enforcement officer to contact for information regarding the 
animal; and 
C. 
Advises the owner of the ensuing court procedure. 
If the owner can not be found, the humane agent 
e~~ the state 
veterinarian or humane law enforcement officer shall send a copy 
of the notice to the owner at the owner's last known address by 
certified mail, return receipt requested. 
If the owner is not 
known or can not be located, 
the humane agent 
e~~ the state 
veterinarian or humane law enforcement officer shall contact the 
animal shelter or shelters used by the municipality in which the 
animal was found. 
The humane agent 9tL the state veterinarian or 
the humane law enforcement officer shall provide the shelter with 
a description of the animal, the date of seizure and the name of 
a person to contact for more information. 
Wi thin 3 working days of possession of the animaL the humane 
agent 9tL the state veterinarian or the humane law enforcement 
officer shall apply to the court for a possession order. 
The 
court shall set a hearing date and that hearing date must be 
within 10 days of the date the animal was seized. 
The humane 
agent 9tL the state veterinarian or the humane law enforcement 
officer shall arrange care for 
the animal, 
including medical 
treatment, if necessary, pending the hearing. 
The humane agent 9tL the state veterinarian or the humane law 
enforcement officer shall notify the owner, if located, of the 
time 
and place of the hearing. 
If the 
owner 
has 
not been 
located, the court shall order a notice to be published at least 
once in a newspaper of general circulation in the county where 
the 
animal 
was 
found stating the case 
and circumstances 
and 
giving 48 hours notice of the hearing. 
It is the owner's responsibility at the hearing to show cause why 
the 
animal 
should not 
be 
seized permanently or 
disposed of 
humanely. 
If it appears at the hearing that the animal has been 
cruelly abandoned or cruelly treated by its owner, 
the court 
shall declare the animal forfeited and order its sale, adoption 
or donation or order the animal to be disposed of humanely if a 
veterinarian determines that the animal is diseased or disabled 
beyond recovery. 
A 
humane 
agent, 
humane 
law 
enforcement 
officer, 
state 
law 
enforcement officer or state veterinarian is not civilly liable 
to 
any party for authorization made 
in accordance with this 
subsection. 
Sec. 10. 25 MRSA §2804.I, as enacted by PL 1999, c. 682, §5, 
is amended to read: 
§2804-I. 
Law enforcement training for harbor masters. municipal 
shellfish conservation wardens and humane law 
enforcement officers 
Harbor masters aaeL municipal shellfish conservation wardens 
and humane law enforcement officers must successfully complete 
the preservice law enforcement training requirements in section 
2804-B and the in-service law enforcement training requirements 
in section 2804-E in order to have the power to make arrests or 
to carry a 
firearm. 
Harbor masters 
conservation wardens 
and 
humane 
law 
exempt from section 2804-C. 
anaL municipal shellfish 
enforcement officers are 
SUMMARY 
This bill allows municipalities to hire full-time humane law 
enforcement officers whose responsibilities are investigating and 
enforcing the animal welfare laws. 
It allows these officers to 
serve civil and criminal summons, to make arrests and to carry 
firearms. 
Under the bill, the humane law enforcement officers 
must undergo the same law enforcement training as harbor masters 
and municipal shellfish conservation wardens.