An Act Regarding Repeated Animal Trespass
Maine Legislature, Session 125, LD 0089
Committee Amendment CA_A_H17 (House)
Amends: 7 MRSA §4041

COMMITTEE AMENDMENT "4,, to H.P. 75, L.D. 89, Bill, "An Act Regarding 
Repeated Animal Trespass" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 7 MRSA §4041, as amended by PL 2009, c. 548, §§4 and 5, is further 
amended to read: 
§4041. Animal trespass 
I-A. Trespass. An owner or keeper of an animal may not allow that animal to enter 
onto or remain on the property of another or unattended on any local, county or state road 
or highway after the owner or keeper has been informed by a law enforcement officer, 
authorized employee of the department or animal control officer that that animal was 
found on that property or on that local, county or state road or highway. 
2. Removal. The owner or keeper of an animal is responsible, at the owner's or 
keeper's expense, for removing any animal found trespassing. An animal control officer, 
authorized employee of the department or law enforcement officer may, at the owner's or 
keeper's expense, remove and control an animal found trespassing if: 
A. The owner or keeper fails to remove the animal after having been notified by an 
animal control officer, authorized employee of the department or law enforcement 
officer that the animal was trespassing; or 
B. The animal is an immediate danger to itself, persons or another's property. 
3. Civil violation. A person commits a civil violation if an animal owned or kept by 
that person is found trespassing and: 
A. That person fails to remove the animal within 12 hours, or immediately if public 
safety or private or public property is threatened, after having been personally 
notified by an animal control officer, authorized employee of the department or law 
enforcement officer that the animal was trespassing~~ 
Page I - 125LROI56(02)-1 
COMMITTEE AMENDMENT 
Vi., -. ,. 
COMMITTEE AMENDMENT "A" to H.P. 75, L.D. 89 
C. That person owns an animal or animals that have been found trespassing on 5 or 
more days within a 30-day period or 3 or more days within a 7-day period. 
4. Fine. A fine of not less than $50 nor more than $500 must be adjudged for a civil 
violation under subsection 3. In addition, the court may as part of the sentencing include 
an order of restitution for costs incurred in removing and controlling the animal. When 
appropriate, the court may order restitution to the property owner based on damage done 
and financial loss. Any restitution ordered and paid must be deducted from the amount of 
any judgment awarded in a civil action brought by the owner against the offender based 
on the same facts. When an owner or keeper violates this section 3 or more times within 
a 90-day period, the court shall order restitution of all costs incurred by the department in 
responding to a violation of this section or assisting an animal control officer or law 
enforcement officer responding to a violation ofthis section. 
5. Exemption. A person is not liable under this section if, at the time of the alleged 
trespass, that person was licensed or privileged to allow the animal to be on the property. 
6. Definitions. For purposes of As used in this section, the term "animal" does not 
include cats unless the context otherwise indicates, the following terms have the 
following meanings. 
A. "Animal" does not include cats. 
B. "Authorized employee of the department" means a humane agent or any other 
employee of the department designated by the commissioner to assist with 
compliance and enforcement of this section.' 
SUMMARY 
This amendment authorizes designated employees of the Department of Agriculture, 
Food and Rural Resources to respond to complaints of animal trespass. It requires an 
animal to be removed immediately if private or public property is threatened. Under 
current law, immediate removal is required only if public safety is threatened. It revises 
the number of trespasses in a given period that constitutes a violation. The bill proposes a 
threshold of 3 or more consecutive days in a 12-month period. The amendment proposes 
a threshold of 5 or more days within a 30-day period. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/07/11 Mac 
LD89 
LR 156(02) 
An Act Regarding Repeated Animal Trespass 
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 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture, Food and Rural Resources can be absorbed with 
existing staff and within existing budgeted resources. 
LRO 156(02) - Fiscal Note - Page I of 1