An Act To Amend the Laws That Provide an Exemption for . Agricultural Gu'ard Dogs from Municipal Ordinances Governing Barking Dogs
Maine Legislature, Session 124, LD 1684
Committee: Agriculture, Conservation and Forestry
Sponsors: STRANG BURGESS, DAVIS, BEAUDETTE
Amends: 7 MRSA §3950

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
Legislative Document 
No. 1684 
H.P. 1185 
House of Representatives, January 6, 2010 
An Act To Amend the Laws That Provide an Exemption for 
. Agricultural Gu'ard Dogs from Municipal Ordinances Governing 
Barking Dogs 
(EMERGENCY) 
,Approved for introduction by a majority ofthe Legislative Council pursuant to Joint Rule 
203.' 
Reference ~o the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
IY/~ 
/J7. 7lltJC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Senator DAVIS of Cumberland and 
Representatives: BEAUDETTE of Biddeford, COHEN o(Portland, PILON 9f Saco. 
Printed on ~ecyclcd pilpe:r 
Emergency preamble. Whereas, acts, and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, a municipality has the authority to adopt and the responsibility to enforce 
ordinances for the prOtection and' peaceful coexistence of residents within ,that 
municipality; and 
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Whereas, a brOadly writt:en statute inhibits a municipality in carrying out its 
responsibilities; and 
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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, 
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Be it enacted by the People of the State, of Maine as follows: 
Sec. 1. 7 MRSA §3950, SUllb-§I, as enacted by PL 2005, c. 138, §1, is amended to 
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read: 
IS 
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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 sectiori 3907, subsection 
+&-A when such activity is located on land classified as farmland under Title 36, chapter 
105, subchapter 10, or on property used to prOduce agricultural products as defined in 
section 152, subsection 2 when the following conditions are met: 
A. The property is 5 acres or more in area; 
B. The principal use of the prOperty.is either agricultural or single-family residential; 
C. The property does riot abut properties that are developed as residential; and, 
D. The property is not located in an area identified as' a growth area in a municipal 
land use plan. 
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For the purposes of this subsection, "livestock" has the same meaning as in section 3907, 
subsection IS-A. 
Emergency' clause. 
In view of the emergency cited in the preamble, this 
legislation lakes effect when apprOved. 
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This bill restricts the exemption from barking dog ordinances for agricultural working 
dogs to dogs engaged in agricu!tural guarding or herding activities o,n land that is 
classified as farmland under the State's current use taxation program for farmland and 
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land that is not classified as farmland but meets other criteria relating to size, use and 
location. 
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