An Act To Amend the Laws Governing Animal Trespass
Maine Legislature, Session 126, LD 1283
Committee: Agriculture, Conservation and Forestry
Sponsors: SAVIELLO, BOYLE, FLOOD, GRATWICK
Amends: 7 MRSA §4041

Legislative Document 
No. 1283 
S.P. 445 
In Senate, April 2, 2013 
An Act To Amend the Laws Governing Animal Trespass 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin.  (BY REQUEST) 
Cosponsored by Senators: BOYLE of Cumberland, FLOOD of Kennebec, GRATWICK of 
Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §4041, sub-§3-A is enacted to read: 
3-A.  Criminal violation.  A 3rd or subsequent violation of subsection 3 is a Class E 
crime.  
Sec. 2.  7 MRSA §4041, sub-§4, as amended by PL 2011, c. 18, §1, is further 
amended to read: 
4.  Fines; restitution.  A fine of not less than $50 nor more than $500 must be 
adjudged for a civil violation under subsection 3.  In addition, the 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 
property owner against the offender owner or keeper of the animal 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 of this section. 
A.  A fine of not less than $50 nor more than $500 must be adjudged for a first 
violation under subsection 3. 
B.  For a 2nd violation of subsection 3, a fine of $1,000 must be adjudged. 
C.  For a 3rd or subsequent violation of subsection 3, a fine of $2,500 must be 
adjudged. 
Upon application of the department, municipality or law enforcement agency enforcing 
this section, the owner or keeper of the animal must pay reasonable court costs and 
attorney's fees of the department, municipality or law enforcement agency if the 
department, municipality or law enforcement agency is the prevailing party in any court 
proceeding. 
Sec. 3.  7 MRSA §4041, sub-§4-A is enacted to read: 
4-A.  Forfeiture.  If the department, a municipality or a law enforcement agency 
determines that a repeated violation of this section by an owner or keeper of an animal 
jeopardizes the public health, welfare or safety of the community, the department, 
municipality or law enforcement agency may bring a forfeiture action in the county in 
which the violations occurred under Title 14, section 506.  In an action brought under this 
subsection, the burden of proof is on the department, municipality or law enforcement 
agency. If a court determines that a repeated violation of this section jeopardizes the 
public health, welfare or safety of the community, the court may order any animal that is 
the subject of the violation sold in a commercially reasonable manner and apply the 
proceeds to any fine, fee, restitution or cost owed by the owner or keeper under this 
section with any remaining balance returned to the owner or keeper of the animal. 
SUMMARY 
This bill amends the animal trespass law in the following ways: 
1.  It makes a 3rd or subsequent violation a Class E crime; 
2.  It makes the fine for a 2nd violation $1,000; 
3.  It makes the fine for a 3rd or subsequent violation $2,500; 
4.  It requires a repeat violator to pay the reasonable court costs and attorney's fees for 
the Department of Agriculture, Conservation and Forestry, municipality or law 
enforcement agency; and 
5.  It authorizes forfeiture of an animal of a repeat violator if the court finds that the 
repeat violation jeopardizes the public health, safety or welfare.