An Act To Protect the Public from Dangerous Dogs
Maine Legislature, Session 123, LD 0380
Committee Amendment CA_A_S91 (Senate)
Amends: 7 MRSA §39, 7 MRSA §3952

S 
COMMITTEE AMENDMENT "A "to S.P. 124, L.D. 3S0, Bill, "An Act To Protect 
the Public from Dangerous Dogs" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective unti190 days after adjournment unless enacted as emergencies; and 
Whereas, the public safety is threatened by the failure of dog owners to properly 
confine dangerous dogs; and 
Whereas, statutory changes are needed to better protect the public; and 
IS 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 7 MRSA §39S2, 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 assault or threatened assault against a person 
or domesticated animal or a person with knowledge of an assault or threatened assault 
2S 
against a minor, within 30 days of the assault or threatened assault, may make written 
complaint to the sheriff, local law enforcement officer or animal control officer that the 
dog is a dangerous dog. 
For the purposes of this chapter, "domesticated animal" 
includes, but is not limited to, livestock as defined in section 3907, subsection IS-A. 
Upon investigation of the complaint, the sheriff, local law enforcement officer or animal 
control officer may issue a civil violation summons for keeping a dangerous dog. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 124, L.D. 380 
If, upon hearing, the court finds that the dog is a dangerous dog as defined in section 
3907, subsection 12-D, the court may impose a civil forfeiture fme and shall: 
A. 
Order the dog muzzled, restrained, confined to the premises of its O'w'ller or 
keeper or confined in a secure enclosure except as provided in subsection 8. +he 
court may set standards for that enclosure For the pwposes 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, such as tethering the dangerous dog. The secure enclosure must be locked, be 
designed with secure top, bottom and sides and be designed to prevent the animal 
from escaping from the enclosure; or 
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. 2. 7 MRSA §3952, sub-§l-A is enacted to read: 
I-A. Identification and confinement of dogs. In addition to orders imposed under 
subsection 1, the court may order that the owner or keeper of a dangerous dog: 
A. Provide the animal control officer in the municipality where the dangerous dog is 
kept with photographs and descriptions of dogs kept by that owner or keeper 
including the sex, breed, age and identifying markings of each dog; 
B. Have dogs kept by that owner or keeper permanently identified by tattooing, 
microchip placement or other means directed by the court; or 
C. 
Confine other dogs kept on the owner's or keeper's premises as provided in 
subsection 1, paragraph A and subsection 8.' 
Amend the bill in section 2 in subsection 7 in the 2nd line (page 1, line 16 in L.D.) by 
inserting after the following: "subsection 1" the following: " I-A' 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 7 MRSA §3952, sub-§8 is enacted to read: 
8. Restriction of movement outside of a secure enclosure. An owner or keeper of 
a dog confined to a secure enclosure by a court under subsection 1 or I-A may not allow 
the dog outside of the secure enclosure unless: 
A. It is necessary to obtain veterinary care for the dog or to comply with orders of 
the court; and 
B. The dog is securely muzzled, restrained by a tether not more than 3 feet in length 
with a minimum tensile strength of 300 pounds and under the direct control of the 
dog's owner or keeper.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 124, L.D. 380 
Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. ' 
SUMMARY 
This amendment authorizes a court to order the owner or keeper of a dangerous dog 
to provide the animal control officer with identifying information for each dog kept by 
that person, to have dogs kept on that person's premises permanently identified and to 
order dogs kept on the premises to be confined in a secure enclosure. It also specifies 
when a dog confined in a secure enclosure by a court order is allowed out of that 
enclosure and the restraints that must be used. 
This amendment also adds an emergency preamble and emergency clause to the bill. 
fISCAL ~OTE H.EQLlRED 
(S~~.!lttacbed) 
COMMITTEE AMENDMENT 
Approved: 05/04/07 
~ac:. 
LD380 
LR 1237(02) 
An Act To Protect the Pnblic from Dangerous Dogs 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes. Sentences for a Class D crime must be served in a County Jail. The average cost tr 
county for each Class D sentence is $6,795 based on an average length of stay of 62 days. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR1237(02) - Fiscal Note - Page 1 of 1