An Act To Amend the Animal Welfare Laws
Maine Legislature, Session 121, LD 0702
Committee: Agriculture, Conservation and Forestry
Sponsors: McKEE, BRYANT, FLETCHER, GAGNE-FRIEL, LUNDEEN, SMITH, TWOMEY
Amends: 7 MRSA §3907, 7 MRSA §3913, 7 MRSA §3924, 7 MRSA §3948, 7 MRSA §3952

Legislative Document 
No. 702 
H.P.519 
House of Representatives, February 14,2003 
An Act To Amend the Animal Welfare Laws 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative McKEE of Wayne. 
Cosponsored by Senator BRYANT of Oxford and 
'7r/~ /h.7lbc~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: FLETCHER of Winslow, GAGNE-FRIEL of Buckfield, LUNDEEN of Mars 
Hill, SMITH of Monmouth, TWOMEY of Biddeford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 7 MRSA §3907~ sub-§l-A. as amended by PL 1993, c. 657, 
§l, is repealed. 
Sec. 2. 7 MRSA §3907, sub-§I-B is enacted to read: 
I-B. 
Abandoned animal. 
"Abandoned animal" means an animal 
that has been deserted by its owner or keeper and left in or on a 
private or public place without food, water, shelter or medical 
attention. 
Sec. 3. 7 MRSA §3913, sub-§4, as amended by PL 1997, c. 690, 
§ll, is further amended to read: 
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. 
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. 
Except as provided in 
this section, an animal shelter must hold a dog at least 8 
days before euthanasia. 
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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, 
or other disposition of the dog may be deducted from 
claimed. 
adoption 
the fee 
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. 
Sec. 4. 7 MRSA §3913, sub-§§6 and 7, as amended by PL 1997, c. 
690, §11, are repealed. 
Page l-LR0541(1) 
Sec. 5. 7 MRSA §3924, as amended by PL 1997, c. 690, §23, 
1S 
further amended to read: 
§3924. 
Violation 
1. 
Civil violation. 
Any person who violates any section of 
this chapter commits a civil violation for which a 
~eF~ei~aFe-Re~ 
~e--e-K€eeEl. fine of not less than $·100 or more than $250 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 
~eF~eit:aFe fine of 
not meFe less than $100 or more than $250 may be adjudged. 
Sec. 6. 7 MRSA §3948, as amended by PL 1997, c. 690, §§29 to 
31, is further amended to read: 
§3948. 
Animal control 
1. 
Control. 
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A municipality shall control 
dogs FYRRiR~-at:-±aF~e as provided under section 3911. 
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2-A. 
Cats. 
A municipality may control cats as provided 
under section 3919. 
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3-A. 
Animal trespass. 
A municipality may control animals 
as provided under section 4041. 
4. 
Rabies or hydrophobia. 
A municipality shall control 
animals as provided under Title 22, 
sections 1313 , 
1313 A and 
1313-B. 
5. 
Public health and safety. 
A municipality shall control 
animals that are a threat to public health and safety. 
Sec. 7. 7 MRSA §3952. first~. as enacted by PL 1999, c. 350, 
§2, is amended to read: 
A person who owns or keeps a dangerous dog commits a civil 
violation for which a fSFfeittu:e fine of not less than $250 or 
more than $1,000, plus costs, may be adjudged. 
Sec. 8. 7 MRSA §3952, sub-§l, as amended by PL 2001, c. 399, 
§5, is further amended to read: 
1. 
Procedure. 
Any person who is assaulted or threatened 
with imminent bodily injury by a dog or any person witnessing an 
assaul t 
or threatened assault against a person or domesticated 
animal or a person with knowledge of an assault or threatened 
assault against 
a 
minor, 
within 
days 
of 
the 
assault or 
threatened assault, may make written complaint to the sheriff, 
local law enforcement officer or animal control officer that the 
dog is a dangerous dog. 
Upon 
investigation of the 
complaint, 
the sheriff, 
local 
law 
enforcement officer or animal control officer may issue a civil 
violation summons for keeping a dangerous dog. 
IfT-~psa-ReaFia~T the court finds that the dog is a dangerous dog 
as defined in section 3907, subsection 12-D, the court may impose 
a 
eivi±-fsFfeit~Fe fine and shall: 
A. 
Order 
premises of 
enclosure. 
or 
the 
dog 
muzzled, 
restrained, 
confined to 
the 
its owner or keeper or confined in a secure 
The court may set standards for that enclosure; 
B. 
Order the dog to be euthanatized if it has killed, 
maimed or inflicted serious bodily injury upon a person or 
has a history of a prior assault. 
The court may order restitution in accordance with Title 17 -A, 
chapter 54 for any damages inflicted upon a person or a person's 
property. 
Sec. 9. 7 MRS A §3952. sub-§l-A is enacted to read: 
I-A. 
Change in ownership or address; notice. 
An owner or 
keeper who has received a summons or court order for keeping a 
dangerous dog shall notify the law enforcement agency in the 
municipality where the summons or court order was issued of any 
change in residence or ownership of the dog, whether by sale, 
transfer, exchange, gift or other method. 
A copy of any summons 
or court order concerning the dog must be sent by registered mail 
to the 
new 
owner 
and to the 
law enforcement agency in the 
municipality where the dog resides. 
Receipt of a copy of any 
summons or court order by registered mail serves as notice to the 
new owner of the inherent risks involved in keeping a dangerous 
dog and the need to protect the general public from any harm from 
the dog. 
Sec. 10. 7 MRSA §3952, sub-§3, as amended by PL 1999, c. 350, 
§2, is further amended to read: 
3. 
Dogs presenting immediate threat to public; temporary 
custody. 
After issuing a summons and before ~eaFia~ arraignment, 
if the dog poses an immediate or continuing threat to the public, 
a 
sheriff, 
local 
law 
enforcement officer 
9FL 
animal 
control 
officer or humane agent 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 
9FL 
animal control officer or humane agent. 
If the owner or 
keeper 
fails 
to 
comply, 
the 
sheriff, 
local 
law 
enforcement 
officer 9F L 
animal control officer or humane agent 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. 11. 7 MRS A ~3952. sub-~3-A is enacted to read: 
3-A. 
Violation of order. 
If the owner or keeper of the dog 
refuses or neglects to comply with the order under subsection 3 
that is issued by the sheriff, law enforcement officer, animal 
control 
officer 
or 
humane 
agent, 
then 
the 
sheriff, 
law 
enforcement officer, animal control officer or humane agent is 
authorized to take temporary custody of the dog without a court 
order and place the dog in a veterinary hospital or licensed 
animal shelter for a period of 48 hours. 
I f after 48 hours the 
owner does not claim the dog from temporary custody, the dog may 
be declared abandoned and the shelter is authorized to dispose of 
the dog as provided in section 3913, subsection 4. 
A person found guilty of violating this subsection commits 
a 
civil violation for which a fine of not less than $250 or no more 
than $1,000 may be adjudged. 
SUMMARY 
This 
bill 
amends 
the 
animal 
welfare 
laws 
to 
add 
the 
definition of 
"abandoned animal," to establish procedures for 
municipalities 
regarding 
animal 
control 
and 
to 
provide 
for 
notification procedures for owners or keepers of dangerous dogs. 
The bill also increases the minimum fine for certain civil 
violations involving dog licenses 
and establishes 
a 
fine for 
certain violations regarding owning or keeping a dangerous dog. 
The 
bill 
also 
establishes 
a 
notification procedure 
for 
owners or keepers of dangerous dogs.