An Act To Improve the Enforcement of Laws Protecting Dogs
Maine Legislature, Session 125, LD 0850
Committee: Agriculture, Conservation and Forestry
Sponsors: GERZOFSKY
Amends: 7 MRSA §3945, 7 MRSA §3947, 7 MRSA §4015, 7 MRSA §4019, 7 MRSA §4163, 17 MRSA §1037, 29-A MRSA §2087

Legislative Document 
No. 850 
S.P. 253 
In Senate, March 3, 2011 
An Act To Improve the Enforcement of Laws Protecting Dogs 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator GERZOFSKY of Cumberland.  (BY REQUEST) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §3945, as amended by PL 2001, c. 617, §8, is further amended to 
read: 
§3945.  Use of license fees and court fines retained by municipalities 
Except for the $1 recording fee pursuant to section 3942 retained by the municipal 
clerk, all fees, including vendor's license fees received under section 4163, subsection 1, 
and court fines retained by municipalities must be kept in a separate account and must be 
used for the salaries and costs of animal control, enforcement of licensing laws, care of 
stray animals that are injured or abandoned and the support of one or more approved 
animal shelters.  Any money not expended for these purposes in a municipality's fiscal 
year does not lapse, but must be carried over to the next fiscal year. 
Sec. 2.  7 MRSA §3947, first ¶, as amended by PL 2009, c. 343, §20, is further 
amended to read: 
Each municipality shall appoint one or more animal control officers whose duties are 
enforcement of sections 3911, 3912, 3916, 3921, 3924, 3948, 3950, 3950-A, 3952 and, 
4041, 4163 and Title 17, section 1023, responding to reports of animals suspected of 
having rabies in accordance with Title 22, sections 1313 and 1313-A and any other duties 
to control animals as the municipality may require.  A municipality may appoint an 
employee of an animal shelter as an animal control officer as long as the person meets the 
qualifications and training requirements of this section. 
Sec. 3.  7 MRSA §4015, sub-§6, ¶A, as amended by PL 2007, c. 439, §28, is 
further amended to read: 
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 but may not exceed by more than 3 inches the width and height of the 
largest dog using the shelter.  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 and must contain clean bedding material sufficient to retain the dog's 
normal body heat; and 
Sec. 4.  7 MRSA §4019, as enacted by PL 2007, c. 702, §20, is amended to read: 
§4019.  Removal from unattended motor vehicle 
1.  Removal authorized.  A law enforcement officer, humane agent or animal 
control officer person may take all steps that are reasonably necessary to remove an 
animal from a motor vehicle if the animal's safety, health or well-being appears to be in 
immediate danger from heat, cold or lack of adequate ventilation and the conditions could 
reasonably be expected to cause extreme suffering or death. 
2.  Notice required.  A law enforcement officer, humane agent or animal control 
officer person who removes an animal in accordance with subsection 1 shall, in a secure 
and conspicuous location on or within the motor vehicle, leave written notice bearing the 
officer's or agent's person'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. 
A person who  removes an animal in accordance with subsection 1 and who is not a law 
enforcement officer, humane agent or animal control officer shall take the animal to the 
nearest law enforcement office or animal shelter. 
3.  Immunity.  A law enforcement officer, humane agent or animal control officer 
person who removes an animal from a motor vehicle pursuant to subsection 1 is immune 
from criminal or civil liability that might otherwise result from the removal. 
Sec. 5.  7 MRSA §4163, sub-§1, as amended by PL 2007, c. 702, §37, is further 
amended to read: 
1.  Vendor's license; fee.  A person may apply for a vendor's license by completing 
and submitting to the department clerk for the municipality in which the vendor resides 
an application form provided by the department. Upon receipt of a completed application, 
the department municipal clerk shall issue a vendor's license and an identifying license 
number that is valid for a period of 90 days from the date of issuance.  A person is 
entitled to one vendor's license in a 12-month period at no charge.  A fee of $25 must be 
submitted with each additional application for a vendor's license within a 12-month 
period.  The municipal clerk shall deposit all vendor's fees into the account kept pursuant 
to section 3945. 
Sec. 6.  7 MRSA §4163, sub-§3, as enacted by PL 2007, c. 439, §34, is amended 
to read: 
3.  Violation.  A person who fails to comply with this section commits a civil 
violation for which a fine of not less than $50 $100 nor more than $200 $500 may be 
adjudged, none of which may be suspended. 
Sec. 7.  17 MRSA §1037, sub-§7, ¶A, as amended by PL 2009, c. 343, §26, is 
further amended to read: 
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 but may not exceed by more than 3 inches the width and height of the 
largest dog using the shelter.  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 and must contain clean bedding material sufficient to retain the dog's 
normal body heat; and 
Sec. 8.  29-A MRSA §2087, sub-§2, as reallocated by RR 1999, c. 1, §40, is 
amended to read: 
2.  Restrictions.  A person driving an open vehicle may not transport a dog in the 
open portion of that vehicle on a public way unless the dog is protected in a manner that 
prevents the dog from falling or jumping or being thrown from the vehicle.: 
A.  The dog is cross-tethered; 
B.  The dog is enclosed in a container or cage that is securely attached to the vehicle 
to prevent sliding; or 
C.  The open portion of the vehicle has sides and a tailgate or a rail that extends the 
tail and forms a barrier that extend vertically from the floor to the height of at least 46 
inches. 
SUMMARY 
This bill transfers responsibility for issuing dog or cat vendor’s licenses to 
municipalities.  It adds enforcement of the vendor's licensing law to the duties of an 
animal control officer.  It increases the fine for failure to obtain a vendor’s license or 
display a vendor's license number in advertising. 
It specifies the dimensions for the portal to a shelter used for dogs confined outside 
for long periods.  It allows any person to remove an animal from a vehicle if the animal's 
health is in immediate danger.  It establishes requirements to ensure the safety of dogs 
transported in the back of a pickup or other open vehicle.