An Act To Amend the Animal Welfare Laws
Maine Legislature, Session 123, LD 2171
Committee: Agriculture, Conservation and Forestry
Sponsors: PIEH, NUTTING, CARTER, MAREAN
Amends: 7 MRSA §3907, 7 MRSA §4011, 7 MRSA §4158, 7 MRSA §4163, 17 MRSA §1011, 17 MRSA §1021, 17 MRSA §1024, 17 MRSA §1031, 17 MRSA §1037, 17 MRSA §1038, 17 MRSA §1039, 17 MRSA §1040, 17 MRSA §1040-C

Legislative Document 
No. 2171 
H.P.1545 
House of Representatives, January 24, 2008 
An Act To Amend the Animal Welfare Laws 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative PIEH of Bremen. 
Cosponsored by Senator NUTTING of Androscoggin and 
1J1~ 
1J1.1l!0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CARTER of Bethel, CRA Y of Palmyra, MAREAN of Hollis. 
Printed on recycleu raper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §3907, sub-§l-A, as amended by PL 1993, c. 657, § 1, is further 
amended to read: 
I-A. Abandoned dog. "Abandoned dog" means a dog that has been deserted by its 
owner or keeper and has not been or is not being provided adequate care or continued 
care by the owner or keeper. 
Sec. 2. 7 MRSA §3907, sub-§l-B is enacted to read: 
I-B. Adequate care. "Adequate care" means the ordinary and prudent care that 
meets the needs of an animal, including adequately nutritious food, clean water, proper 
0 
shelter and protection from the elements and medical care to maintain good health and 
meet the basic needs of that species of animal. 
Sec. 3. 7 MRS A §3907, sub-§8-A, as amended by PL 2005, c. 510, §3, is further 
amended to read: 
8-A. Breeding kennel. "Breeding kennel" means a location where 5 or more adult 
dogs, wolf hybrids or cats capable of breeding are kept and some or all of the offspring 
are offered for sale, sold or exchanged for value or a location where more than 16 animals 
are sold to the public in a 12-month period regardless of the number of adult dogs, wolf 
hybrids or cats capable of breeding kept at that location. 
Sec. 4. 7 MRSA §3907, sub-§12-F is enacted to read: 
12-F. Cruelly. "Cruelly" means to act or fail to act in a way that causes or allows 
unnecessary pain or suffering of an animal. 
Sec. 5. 7 MRSA §3907, sub-§15-B is enacted to read: 
IS-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. 
Sec. 6. 7 MRSA §3907, sub-§20-A is enacted to read: 
20-A. Neglect. "Neglect" means failure to provide an animal with humanely clean 
conditions and adequate care and other care generally considered to be ordinary and 
necessary for the health and well-being of that species, breed or type of animal. 
Sec. 7. 7 MRS A §3916, sub-§l-A, as amended by PL 2007, c. 439, §8, is further 
amended to read: 
I-A. Required for dogs. A person owning or keeping a dog shall, within 30 days 
after the dog attains the age of e J months, cause the dog to be vaccinated against rabies 
and shall have booster vaccinations administered periodically in accordance with rules 
Page I -123LR3086(OI)-1 
adopted by the Commissioner of Health and Human Services under section 3922, 
subsection 3. A wolf hybrid is required to be vaccinated in accordance with this 
subsection. The procedure prescribed under Title 22, chapter 251, subchapter 5 for a wolf 
hybrid suspected of having rabies does not change based on proof that the wolf hybrid 
has received a rabies vaccination. 
Sec. 8. 7 MRS A §3919-D ;~ enacted to read: 
§3919-D. Temporary animal shelter 
The department is authorized to temporarily impound animals within an enclosure 
other than at a licensed animal shelter, and such an enclosure constitutes a temporary 
animal shelter. Notice that an enclosure is an animal shelter must be given by placing a 
sign to that effect on the gate or other entrance to the enclosure. 
Sec. 9. 7 MRS A §3931-A, sub-§5 is enacted to read: 
5. License number requirements. A breeding kennel shall prominently display in 
written advertising the state-issued kennel license number. 
The breeding kennel shall provide its license number to a person purchasing or receiving 
an animal from the breeding kennel. 
Sec. 10. 7 MRS A §3952, sub-§ 1, as amended by PL 2007, c. 170, § 1, is further 
amended to read: 
1. Procedure. Any person who is assaulted or threatened with imminent bodily 
injury by a dog when the assault or threat is unprovoked and occurs off the property of 
the owner or caretaker of the dog or any person witnessing an unprovoked assault or 
unprovoked threatened assault against a person or domesticated animal or a person with 
knowledge of an unprovoked assault or unprovoked threatened assault against a minor, 
within 30 days of the unprovoked assault or unprovoked threatened assault, may make 
written complaint to the sheriff, local law enforcement officer or animal control officer 
that the dog is a dangerous dog. For the purposes of this chapter, "domesticated animal" 
includes, but is not limited to, livestock as defined in section 3907, subsection 18-A. 
Upon investigation of the complaint, the sheriff, local law enforcement officer or animal 
control oflicer may issue a civil violation summons for keeping a dangerous dog. 
If, upon hearing, the court finds that the dog is a dangerous dog as defined in section 
3907, subsection 12-D, the court may impose a fine and shall: 
A. 
Order the dog confined in a secure enclosure except as provided in subsection 8. 
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, 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. 11. 7 MRSA §4011, sub-§I, ~D, as amended by PL 1997, c. 456, §4, is 
further amended to read: 
D. 
Injures, overworks, tortures, torments, abandons, neglects or cruelly beats or 
intentionally mutilates an animal; gives drugs to an animal with an intent to harm the 
animal; gives poison or alcohol to an animal; or exposes a poison with intent that it 
lO 
be taken by an animal. 
The owner or occupant of property is privileged to use 
reasonable force to eject a trespassing animal; 
Sec. 12. 7 MRS A §4015, as amended by PL 2007, c. 439, §§27 and §28, is further 
amended to read: 
§4015. Proper shelter and protection from the weather 
Ne A person owning, keeping or responsible for confining or impounding any animal 
may fail to shall provide the animal with proper shelter, and protection from the weather 
7 
and humanely olean conditions as prescribed in this section. 
1. Indoor standards. Minimum indoor standards of shelter shall be are as follows 
set out in this subsection. 
A. 
The ambient temperature shall must be compatible with the health of the animal. 
B. 
Indoor housing facilities shall must be adequately ventilated by natural or 
mechanical means to provide for the health of the animal at all times. 
C. An animal contained in an indoor enclosure must be removed from the indoor 
enclosure daily and provided with a safe environment to allow the exercise needs of 
the animal to be met in a manner appropriate for the age, size and breed of the 
animal. 
2. Outdoor standards. Minimum outdoor standards of shelter are as follows set out 
in this subsection. 
A. 
\l/hen sunlight is likely to cause heat exhaustion of an animal tied or caged 
outside, sufficient Sufficient shade by natural or artificial means must be provided to 
protect the an animal from direct sunlight. As used in this paragraph, "caged" does 
not include farm fencing used to confine livestock This paragraph does not apply to 
livestock confined by farm fencing. 
B. 
Except as provided in subsections 5 and 6, shelter from inclement weather must 
be as follows set out in this paragraph. 
(1) An artificial shelter, with a minimum of 3 sides and a waterproof roof, 
appropriate to the local climatic conditions and for the species and breed of the 
animal must be provided as necessary for the health of the animal. 
(2) If a dog is tied or confined unattended outdoors under weather conditions that 
adversely affect the health of the dog, a shelter of suitable size with an 
aboveground floor and waterproof roof must be provided in accordance with 
subsection 6, paragraph A to accommodate the dog and protect it from the 
weather and, in particular, from severe cold and direct sunlight. Inadequate 
shelter from cold may be indicated by the shivering of the dog due to cold 
weather for a continuous period of 10 minutes or by symptoms of frostbite or 
hypothermia. A metal barrel is not adequate shelter for a dog. 
For purposes of this subparagraph, "suitable size" means that the dog can enter 
the shelter unimpeded and tum around, stand in a normal posture and lay down in 
a normal position. 
C. 
An animal may not be confined in a building, enclosure of any kind, car, boat, 
vehicle, trailer, camper or vessel of any kind when extreme heat or extreme cold will 
be harmful to its health. 
3. 
Space standards. Minimum space requirements for both indoor and outdoor 
enclosures shalt include the following. 
A. 
The housing facilities shalt must be structurally sound and maintained in good 
repair to protect the animal from injury and to contain the animal. 
B. 
Enclosures shalt must be constructed and maintained to provide sufficient space 
to allow each animal adequate freedom of movement. Inadequate space may be 
indicated by evidence of overcrowding, debility, stress or abnormal behavior patterns. 
4. 
Humanely elean eonditions. Minimum standards of sanitation necessary to 
provide humanely clean conditions for both indoor and outdoor enclosures shall include 
periodic cleanings to remove eJccretions and other waste materials, dirt and trash to 
minimize health hazards. 
5. Livestock. Livestock must be provided with shelter suitable for the health of the 
animal. 
Livestock must have access to a constructed or natural shelter that is large 
enough to accommodate all livestock comfortably at one time. The shelter should be well 
drained and protect the livestock from direct sun, rain, wind and other inclement weather. 
Notwithstanding this subsection, shelter for equines must be provided in accordance with 
subsection 2, paragraph B, subparagraph (l). For purposes of this subsection, "livestock" 
includes large game as defined in section 1341, subsection 5 kept at a licensed 
commercial large game shooting area as defined in section 1341, subsection I. 
6. 
Dogs confined by tethering for long time periods. 
In addition to the 
requirements of subsection 2, paragraph B, subparagraph (2), when tethering is the 
primary means of confinement for a dog, the standards for shelter and tethering arc as 
follows: 
A. 
A shelter must be provided that is fully enclosed except for a portal. The portal 
must be of a sufficient size to allow the dog unimpeded passage into and out of the 
structure. For dogs other than arctic breeds, the portal must be constructed with a 
baffle or other means of keeping wind and precipitation out of the interior. The 
shelter must be constructed of materials with a thermal resistance factor of 0.9 or 
greater aHd, must contain clean bedding material sufficient to retain the dog's normal 
body heat and must be accessible to the dog at all times; and 
B. 
The chain or tether must be attached to both the dog and the anchor using 
swivels or similar devices that prevent the chain or tether from becoming entangled 
or twisted. The chain or tether must be attached to a well-fitted collar or harness on 
the dog. For dogs other than arctic breeds, the chain or tether must be at least 5 times 
the length of the dog measured from the tip of its nose to the base of its tail. For 
arctic breeds, the chain or tether must be: 
(1) At least 2.5 times the length of the dog measured from the tip of its nose to 
the base of its tail if the anchor is stationary; or 
(2) At least 1.5 times the length of the dog measured from the tip of its nose to 
the base of its tail if the anchor is a pivot point allowing a 360
area of 
movement. 
For the purposes of this subsection, "primary means of confinement" means the method 
used to confine a dog for periods of time that exceed 12 hours in a 24-hour period. For 
the purposes of this subsection, "arctic breeds" means Siberian Huskies, Alaskan Huskies, 
Alaskan Malamutes and other dogs with a double-layered coat and bred to live in an 
arctic climate. 
Sec. 13. 7 MRSA §4158, sub-§I, as enacted by PL 1995, c. 589, §1, is amended 
to read: 
1. Demand for remedy; contest. When a pet dealer wishes to contest a demand for 
the remedy specified in section 4155, the pet dealer may require the purchaser to produce 
all the veterinarian's records and the animal for examination or autopsy by a veterinarian 
designated by the pet dealer. 
The veterinarian designated by the dealer must be 
practicing at a veterinary clinic within 100 miles of the purchaser's residence. The pet 
dealer shall pay the cost of this examination or autopsy. The pet dealer has a right of 
recovery against the purchaser if the pet dealer is not obligated to provide a remedy under 
section 4155. 
Sec. 14. 7 MRSA §4163, first~, as enacted by PL 2007, c. 439, §34, is amended 
to read: 
A person may not advertise for sale, sell or exchange for value more than one eat--ef 
deg litter of cats or dogs in a 12-month period unless that person has a valid animal 
shelter, kennel, breeding kennel or pet shop license or a valid vendor's license issued 
under this section. 
Sec. 15. 17 MRSA §1011, sub-§I-A is enacted to read: 
I-A. Abandoned. "Abandoned," as it pertains to an animal, means an animal has 
been deserted by its owner or keeper and has not been or is not being provided adequate 
care or continued care by the owner or keeper. 
Sec. 16. 17 MRS A §1011, sub-§I-B is enacted to read: 
I-B. Adequate care. "Adequate care" means the ordinary and prudent care that 
meets the needs of an animal, including adequately nutritious food, clean water, proper 
shelter and protection from the elements and medical care to maintain good health and 
meet the basic needs of that species of animal. 
Sec. 17. 17 MRSA §1011, sub-§12-C is enacted to read: 
12-C. Cruelly. "Cruelly" means to act or fail to act in a way that causes or allows 
unnecessary pain or suffering of an animal. 
Sec. 18. 17 MRS A §1011, sub-§12-D is enacted to read: 
12-D. Domestic violence. "Domestic violence" means beating, torturing, mutilating 
or killing an animal without justification with the intent to threaten, intimidate, coerce, 
harass or terrorize a family or household member. 
Sec. 19. 17 MRSA §1011, sub-§15-B is enacted to read: 
IS-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. 
Sec. 20. 17 MRSA §1011, sub-§20-A is enacted to read: 
20-A. Neglect. "Neglect" means failure to provide an animal with humanely clean 
conditions and adequate care and other care generally considered to be ordinary and 
necessary for the health and well-being of that species, breed or type of animal. 
Sec. 21. 17 MRSA §1021, sub-§I, ~A, as enacted by PL 1987, e. 383, §4, is 
amended to read: 
A. 
To take possession of any maimed, disabled, diseased, dehydrated, malnourished 
or injured animal or any animal whose owner has eruetly abandoned or cruelly 
treated it and tum over the animal to the applicant or other suitable person; or 
Sec. 22. 17 MRS A §1021, sub-§3, as enacted by PL 1987, c. 383, §4, is amended 
to read: 
3. Hearing. If it appears at the hearing that the animal has been eruetly abandoned 
or cruelly treated by its owner or the animal is maimed, disabled, diseased, dehydrated, 
malnourished or injured, the court shall: 
A. 
Direct the applicant or other suitable person to take possession of and provide 
for the animal, or order its sale, adoption, donation or return of the animal to its 
ewntlf' or placement; or 
B. 
Order the animal to be disposed of humanely if, given reasonable time and care, 
the animal's recovery is doubtful. 
Sec. 23. 17 MRS A §1021, sub-§4, ~A, as amended by PL 1997, c. 690, §63, is 
further amended to read: 
A. 
A state veterinarian, humane agent, sheriff, deputy sheriff, constable, police 
officer, animal control officer, person authorized to make arrests or the commissioner 
may apply to the District Court, Superior Court or a justice of the peace for an ex 
parte order for authorization to take possession of any maimed, disabled, diseased, 
dehydrated, malnourished or injured animal or any animal whose owner has ~ 
abandoned or cruelly treated it and tum it over to the applicant or any other suitable 
person. 
lOAn order may be entered ex parte upon findings by the court or justice of the peace 
that there is a reasonable likelihood that: 
(1) The defendant is not subject to the jurisdiction of the court for the purposes 
of a hearing or the owner cannot be found by reasonable diligence or is out-of-
state although a resident of this State, and there is a danger that unless immediate 
action is taken: 
(a) 
The condition of an injured, overworked, tormented, tortured, 
abandoned, poisoned or mutilated animal, or animal deprived of necessary 
sustenance, necessary medical attention, proper shelter or protection from the 
weather or humanely clean conditions will be substantially impaired or 
worsened; 
(b) The animal's life will be jeopardized; or 
( c) A great degree of medical attention will be necessary to restore the 
animal to a normal, healthy condition; 
(2) There is a clear danger that if the owner or the owner's agent is notified in 
advance of the issuance of the order of court, as provided in subsection 3, the 
owner or the owner's agent may remove the animal from the State, conceal it or 
otherwise make it unavailable; 
(3) There is immediate danger that the owner or the owner's agent will kill or 
injure the animal; or 
(4) An animal is being or has been injured, overworked, tormented, tortured, 
abandoned, poisoned, mutilated, or deprived of necessary sustenance, necessary 
medical attention, proper shelter or protection from the weather or humanely 
clean conditions and, unless an ex parte order issues allowing the applicant to 
take possession of the animal, the animal will die, its condition will be 
substantially impaired or worsened or medical attention will be necessary to 
restore the animal to a normal, healthy condition. 
Sec. 24. 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 or state veterinarian without court order. 
A state humane agent or a state veterinarian 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 and retain the cruelly treated animal. Upon taking possession of or retaining an animal 
• 
under this section, the humane agent or the state veterinarian 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 or the state 
veterinarian 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 or the state veterinarian 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 or 
the state veterinarian shall contact the animal shelter or shelters used by the municipality 
in which the animal was found. The humane agent or the state veterinarian 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. 
Within 3 working days of possession of the animal, the humane agent or the state 
veterinarian shall apply to the court for a possession order. The court shall set a hearing 
date and that hearing date must be within +G 2l days of the date the animal was seized. 
The humane agent or the state veterinarian shall arrange care for the animal, including 
medical treatment, if necessary, pending the hearing. 
The humane agent or the state veterinarian 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 €fllel.l.y 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. 
Sec. 25. 17 MRSA §1024, as amended by PL 1997, c. 690, §68, is repealed and 
the following enacted in its place: 
§1024. Impeding the performance of an officer; temporary animal shelter violations 
1. 
Impeding performance of officer. A person may not assault, resist, oppose, 
impede, intimidate or interfere with a person engaged in or on account of the performance 
of that person's official duties under this subchapter. 
2. Temporary animal shelter violations. A person may not break open, trespass on 
or remove animals from a temporary animal shelter authorized in Title 7, section 3919-D. 
Sec. 26. 17 MRSA § 1 028 is enacted to read: 
§I028. Prosecution by district attorney 
The several district attorneys shall represent the Department of Agriculture, Food and 
Rural Resources in any civil or administrative procedure and prosecute all violations of 
this chapter that are brought to their notice by any person making a complaint under oath. 
The District Court and the Superior Court have concurrent jurisdiction in all prosecutions 
under this chapter. 
Sec. 27. 17 MRS A §1031, sub-§I, ~, as amended by PL 2003, c. 452, Pt. I, 
§ 13 and affected by Pt. X, §2, is further amended to read: 
D. 
Injures, overworks, tortures, torments, abandons, neglects or cruelly beats or 
intentionally mutilates an animal; gives drugs to an animal with an intent to harm the 
animal; gives poison or alcohol to an animal; or exposes a poison with intent that it 
be taken by an animal. 
The owner or occupant of property is privileged to use 
reasonable force to eject a trespassing animal. Violation of this paragraph is a Class 
D crime; 
Sec. 28. 17 MRSA §1031, sub-§I-F is enacted to read: 
I-F. Failure to provide minimum care for an animal. A person is guilty offailure 
to provide minimum care for an animal if that person, in a manner manifesting a depraved 
indifference to animal life or suffering, intentionally, knowingly, recklessly or with 
criminal negligence fails to provide minimum care for an animal in the person's care, 
custody or control or owned by the person, and the failure results in the death of the 
animal. 
Violation of this subsection is a Class C crime. Notwithstanding Title 17 -A, section 1301, 
the court shall impose a fine of not less than $1,000 and not more than $10,000 for a first 
or subsequent violation of this subsection. The sentencing provisions in subsection 3-B 
also apply to a person convicted of failure to provide minimum care for an animal. 
Sec. 29. 17 MRSA §1037, sub-§2, ~rB, as amended by PL 2005, c. 340, ~3, is 
further amended to read: 
B. 
Except as provided in subsections 5 and 7, shelter from inclement weather must 
be as follo'vVs provided according to this paragraph. 
(1) 
An artificial shelter, with a minimum of 3 sides and a waterproof roof, 
appropriate to the local climatic conditions for the species concerned and breed of 
the animal must be provided as necessary for the health of the animal. 
(2) If a dog is tied or confined unattended outdoors under weather conditions that 
adversely affect the health of the dog, a shelter of suitable size with a an 
aboveground floor above ground and waterproof roof must be provided in 
accordance with subsection 7, paragraph A to accommodate the dog and protect 
it from the weather and, in particular, from severe cold and direct sunlight. 
Inadequate shelter from cold may be indicated by the shivering of the dog due to 
cold weather for a continuous period of ~ lQ minutes or by symptoms of 
frostbite or hypothemlia. A metal barrel is not adequate shelter for a dog. 
For purposes of this subparagraph, "suitable size" means that the dog can enter 
the shelter unimpeded and tum around, stand in a normal posture and lay down in 
a normal position. 
Sec. 30. 17 MRSA §1038, as enacted by PL 2005, c. 422, §11, is amended to 
read: 
§ 1 038. Animals abandoned at animal care facilities 
Abandoning an animal at a veterinarian's office, boarding kennel, animal grooming 
facility ef~ animal day-care facility or equine boarding stable is a Class 0 crime. 
1. 
Determination of abandonment. There is a rebuttable presumption of 
abandonment An animal is considered abandoned if an owner: 
A. Places an animal in the custody of a licensed veterinarian for treatment, boarding 
or other care, or in a boarding kennel, animal grooming facility ef~ animal day-care 
facili ty or equine boarding stable for services offered by that facility; and 
B. Fails to claim the animal within 10 days after written notice is sent in accordance 
with subsection 2. 
2. Notice requirement. Before any animal may be considered abandoned under this 
section, a veterinarian's office, boarding kennel, animal grooming facility ef~ animal day-
care facility or equine boarding stable shall send written notice, by registered or certified 
mail, return receipt requested, to the owner or keeper at the owner's or keeper's last 
known address. Proof of attempted delivery constitutes sufficient notice. 
3. Ownership of abandoned animal. When an owner or keeper fails to claim an 
animal within 10 days of a notice being sent under subsection 2, the veterinarian, kennel, 
facility, stable or individual who has custody and control of the animal is considered the 
owner of the animal and shall arrange for its care, including, but not limited to, its 
adoption, sale or placement with a licensed animal shelter. 
4. Financial obligation. The disposal of an abandoned animal under this section 
does not relieve the owner or keeper of the animal of any financial obligation, including, 
but not limited to, costs incurred for veterinary treatment, boarding, grooming or other 
care. 
5. Penalty. In addition to the penalties provided in Title 17-A for a Class 0 crime, 
the penalties in section 1031, subsection 3-B also apply. 
Sec.31. 17 MRSA §1039 is enacted to read: 
§1039. Unattended motor vehicle 
1. Prohibition. A person may not leave or confine an animal in an unattended motor 
vehicle, trailer, boat, camper or vessel of any kind under conditions that endanger the 
health or well-being of the animal due to heat, cold, lack of adequate ventilation or lack 
of food or water or other circumstance that could reasonably be expected to cause pain, 
suffering, injury, disability or death of an animal. 
2. Officer may remove animal from motor vehicle. A law enforcement officer, 
humane agent or animal control officer may remove an animal from a motor vehicle, 
trailer, boat, camper or vessel of any kind if the animal's safety, health or well-being 
appears to be in immediate danger from heat, cold, lack of adequate ventilation or lack of 
food or water or other circumstance that could reasonably be expected to cause pain, 
suffering, injury, disability or death to the animal. A law enforcement officer, humane 
agent or animal control officer is authorized to take all steps that are reasonably necessary 
for the removal of an animal from a motor vehicle, trailer, boat, camper or vessel of any 
kind, including, but not limited to, breaking into the motor vehicle, trailer, boat, camper 
or vessel of any kind. 
3. Officer must leave written notice. A law enforcement officer, humane agent or 
animal control officer who removes an animal from a motor vehicle, trailer, boat, camper 
or vessel of any kind shall, in a secure and conspicuous location on or within the motor 
vehicle, trailer, boat, camper or vessel of any kind, leave written notice bearing the 
officer's or agent's name and office and the address of the location where the animal may 
be claimed. The owner may claim the animal only after payment of all charges that have 
accrued for the maintenance, care, medical treatment and impoundment of the animal. 
4. Immunity. A law enforcement officer, humane agent or animal control officer 
who removes an animal from a motor vehicle, trailer, boat, camper or vessel of any kind 
pursuant to this section is immune from criminal or civil liability that might otherwise 
result from the removal. 
Nothing in this section limits the transportation of horses, cattle, pigs, sheep, poultry 
or other agricultural animals in motor vehicles designed to transport such animals for 
agricultural purposes in accordance with the rules for transportation of such animals 
adopted by the Department of Agriculture, Food and Rural Resources and the United 
States Department of Agriculture. 
5. Class D crime. Violation of subsection 1 is a Class D crime. 
Sec. 32. 17 MRSA §1040 is enacted to read: 
§1040. Domestic violence assault against a companion animal 
1. Domestic violence assault against a companion animal. A person is guilty of 
domestic violence assault against a companion animal if: 
A. The person violates Title 17-A, section 207-A and the person also intentionally, 
knowingly or recklessly causes bodily injury or offensive physical contact to a 
companion animal as defined in Title 7, section 3907, subsection II-A. Violation of 
this paragraph is a Class D crime; or 
B. The person violates paragraph A and at the time of the offense: 
(1) The person has one or more prior convictions for violating paragraph A or for 
violating Title 17-A, section 209-A, 210-B, 210-C or 211-A or has one or more 
prior convictions for engaging in conduct substantially similar to that contained 
... 
f/ 
in paragraph A or in Title 17 -A, section 209-A, 21 O-B, 210-C or 211-A in 
another jurisdiction; 
(2) The person has one or more prior convictions for violating Title 19-A, section 
4011, subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3) The person has one or more prior convictions for violating Title 15, section 
1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the 
alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4. 
Violation of this paragraph is a Class C crime. 
Sec. 33. 17 MRSA § 1 040-A is enacted to read: 
§1040-A. Domestic violence criminal threatening against a companion animal 
1. 
Domestic violence criminal threatening against a companion animal. 
A 
person is guilty of domestic violence criminal threatening against a companion animal if: 
A. The person violates Title 17-A, section 209-A and also causes the other person to 
fear that imminent bodily injury may come to a companion animal as defined in Title 
7, section 3907, subsection l1-A in the care, custody or control of or owned, 
possessed, leased, kept or held by either person or a minor residing in the household. 
Violation of this paragraph is a Class D crime; or 
B. The person violates paragraph A and at the time of the offense: 
(1) The person has one or more prior convictions for violating paragraph A or for 
violating Title 17 -A, section 207 -A, 21 O-B, 210-C or 211-A or has one or more 
prior convictions for engaging in conduct substantially similar to that contained 
in paragraph A or in Title 17 -A, section 207 -A, 210-B, 21O-C or 211-A in 
another jurisdiction; 
(2) The person has one or more prior convictions for violating Title 19-A, section 
4011, subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3) The person has one or more prior convictions for violating Title 15, section 
1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the 
alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4. 
Violation of this paragraph is a Class C crime. 
Sec. 34. 17 MRS A §1040-B is enacted to read: 
§1040-B. Domestic violence terrorizing of a companion animal 
1. Domestic violence terrorizing of a companion animal. A person is guilty of 
domestic violence terrorizing of a companion animal if: 
A. The person violates Title I7-A, section 2IO-B and the person communicates to 
the other person a threat to commit or to cause to be committed a crime of violence 
against a companion animal as defined in Title 7, section 3907, subsection ll-A in 
the care, custody or control of or owned, possessed, leased, kept or held by either 
party or a minor residing in the household. Violation of this paragraph is a Class D 
crime; or 
B. The person violates paragraph A and at the time of the offense: 
(1) The person has one or more prior convictions for violating paragraph A or for 
violating Title I7-A, section 207-A, 209-A, 21O-C or 211-A or has one or more 
prior convictions for engaging in conduct substantially similar to that contained 
in paragraph A or in Title 17 -A, section 207 -A, 209-A, 21O-C or 2II-A in 
another jurisdiction; 
(2) The person has one or more prior convictions for violating Title I9-A, section 
4011, subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title I9-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3) The person has one or more prior convictions for violating Title 15, section 
1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the 
alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title I9-A, section 4002, subsection 4. 
Violation of this paragraph is a Class C crime. 
Sec. 35. 17 MRSA §1040-C is enacted to read: 
§1040-C. Domestic violence reckless conduct against a companion animal 
1. Domestic violence reckless conduct against a companion animal. A person is 
guilty of domestic violence reckless conduct against a companion animal if: 
A. The person violates Title 17 -A, section 2II-A and the person recklessly creates a 
substantial risk of serious bodily injury to a companion animal as defined in Title 7, 
scction 3907, subsection II-A in the care, custodv or control of or owned, possessed, 
leased, kept or held by either party or a minor residing in the household. Violation of 
this paragraph is a Class D crime; or 
B. The person violates paragraph A and at the time of the offense: 
(1) The person has one or more prior convictions for violating paragraph A or for 
violating Title 17-A, section 207-A, 209-A, 210-B or 210-C or has one or more 
prior convictions for engaging in conduct substantially similar to that contained 
in paragraph A or in Title 17 -A, section 707 -A, 209-A, 210-B or 21O-C in 
another jurisdiction; 
(2) The person has one or more prior convictions for violating Title 19-/\, section 
II, subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
• 
.. 
• 
, 
• 
(3) The person has one or more prior convictions for violating Title 15, section 
1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the 
alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4. 
Violation of this paragraph is a Class C crime. 
SUMMARY 
This bill amends the Maine Revised Statutes, Title 7 to improve the specificity of 
some of the definitions used in the Animal Welfare Act, to provide for a temporary 
animal shelter, to impose a requirement that breeding kennels display kennel license 
numbers when advertising, to add neglect to the crime of cruelty to animals and to 
strengthen the requirement for proper shelter. 
The bilJ amends Title 17 to refine some of the definitions and to strengthen laws 
pertaining to cruelty to animals and shelter requirements. The bill establishes new crimes 
related to unattended animals in motor vehicles and domestic violence against animals .