An Act To Amend the Agricultural Working Dog Laws
Maine Legislature, Session 125, LD 0696
Committee: Agriculture, Conservation and Forestry
Sponsors: STRANG BURGESS, SCHNEIDER, EDGECOMB, FOSSEL, GIFFORD, WOODBURY
Amends: 7 MRSA §3950

Legislative Document 
No. 696 
H.P. 525 
House of Representatives, February 23, 2011 
An Act To Amend the Agricultural Working Dog Laws 
(EMERGENCY) 
Received by the Clerk of the House on February 18, 2011.  Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
Representatives: EDGECOMB of Caribou, FOSSEL of Alna, GIFFORD of Lincoln, Senator: 
WOODBURY of Cumberland. 
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 
Whereas, a broadly written statute inhibits a municipality in carrying out its 
responsibilities; and 
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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §3950, sub-§1, as enacted by PL 2005, c. 138, §1, is amended to 
read: 
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 section 3907, subsection 
18-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 not 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. 
For the purposes of this subsection, "livestock" has the same meaning as in section 3907, 
subsection 18-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill restricts the exemption from barking dog ordinances for agricultural working 
dogs to dogs engaged in agricultural guarding or herding activities on land that is 
classified as farmland under the State's current use taxation program for farmland and 
land that is not classified as farmland but meets other criteria relating to size, use and 
location.