An Act To Strengthen the Law Regarding Dangerous Dogs
Maine Legislature, Session 128, LD 0858
Committee: Agriculture, Conservation and Forestry
Sponsors: NADEAU, CYRWAY, AUSTIN, BROOKS, DOORE, GUERIN, HARVELL, HICKMAN, LONGSTAFF
Amends: 7 MRSA §3952

Legislative Document
No. 858
H.P. 607
House of Representatives, March 7, 2017
An Act To Strengthen the Law Regarding Dangerous Dogs
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative NADEAU of Winslow.
Cosponsored by Senator CYRWAY of Kennebec and
Representatives: AUSTIN of Skowhegan, BROOKS of Lewiston, DOORE of Augusta, 
GUERIN of Glenburn, HARVELL of Farmington, HICKMAN of Winthrop, LONGSTAFF of 
Waterville.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §3952, sub-§1, as amended by PL 2011, c. 82, §1, is further 
amended to read: 
1.  Procedure.  Any person who is assaulted or threatened with imminent bodily 
injury by a dog or any person witnessing an assault or threatened assault against a person 
or domesticated animal or a person with knowledge of an assault or threatened assault 
against a minor, within 30 days of the assault or threatened assault, may make written 
complaint to the sheriff, local law enforcement officer or animal control officer that the 
dog is a dangerous dog.  For the purposes of this chapter, "domesticated animal" includes, 
but is not limited to, livestock as defined in section 3907, subsection 18-A. 
Upon investigation of the complaint, the sheriff, local law enforcement officer or animal 
control officer may determine that the dog is a dangerous dog as defined in section 3907, 
subsection 12-D and issue a civil violation summons for keeping a dangerous dog. 
If, upon hearing, and taking into account the determination of the sheriff, local law 
enforcement officer or animal control officer, the court finds that the dog is a dangerous 
dog as defined in section 3907, subsection 12-D, the court shall impose a fine and shall: 
A.  Order the dog confined in a secure enclosure except as provided in paragraph C or 
subsection 8 at a governmental facility or at a local humane society or similar 
nongovernmental organization.  For the purposes of this paragraph, "secure 
enclosure" means a fence or structure of at least 6 feet in height forming or making an 
enclosure suitable to prevent the entry of young children and suitable to confine a 
dangerous dog in conjunction with other measures that may be taken by the owner or 
keeper, such as tethering the dangerous dog.  The secure enclosure must be locked, be 
designed with secure top, bottom and sides and be designed to prevent the animal 
from escaping from the enclosure.  The court shall specify the length of the period of 
confinement and may order permanent confinement; or 
B.  Order the dog to be euthanized if it has killed, maimed or inflicted serious bodily 
injury upon a person or domesticated animal or has a history of a prior assault or a 
prior finding by the court of being a dangerous dog; or. 
C.  Order the dog to be securely muzzled, restricted by a tether not more than 3 feet 
in length with a minimum tensile strength of 300 pounds and under the direct control 
of the dog's owner or keeper whenever the dog is off the owner's or keeper's 
premises. 
The court may order restitution in accordance with Title 17-A, chapter 54 for any 
damages inflicted upon a person or a person's property. 
Sec. 2.  7 MRSA §3952, sub-§1-A, ¶A, as enacted by PL 2007, c. 170, §2, is 
amended to read: 
A.  Provide the animal control officer in the municipality where the dangerous dog is 
was kept with photographs and descriptions of dogs kept by that owner or keeper 
including the sex, breed, age and identifying markings of each dog; 
Sec. 3.  7 MRSA §3952, sub-§2, as amended by PL 1999, c. 350, §2, is repealed. 
Sec. 4.  7 MRSA §3952, sub-§3, as amended by PL 1999, c. 350, §2, is further 
amended to read: 
3.  Ex parte order.  After issuing a summons and before hearing, if the dog poses an 
immediate or continuing threat to the public, a sheriff, local law enforcement officer or 
animal control officer shall order the owner or keeper of the dog to muzzle, restrain or 
confine the dog to the owner's premises or to have the dog confined at the owner's 
expense at a place determined by the sheriff, local law enforcement officer or animal 
control officer.  If the owner or keeper fails to comply, the sheriff, local law enforcement 
officer or animal control officer may apply to District Court, Superior Court or a justice 
of the peace for an ex parte order for authorization to take possession of the dog that 
poses an immediate or continuing threat to the public and turn the dog over to the 
applicant or other suitable person confine the dog at a governmental facility or at a local 
humane society or similar nongovernmental organization. 
Sec. 5.  7 MRSA §3952, sub-§7, as amended by PL 2007, c. 170, §3, is further 
amended to read: 
7.  Class D crime.  If the owner refuses or neglects to comply with an order issued 
under subsection 1, 1-A or 4-A, the owner commits a Class D crime.  The court, as part of 
the judgment, may prohibit a person convicted under this subsection from owning or 
possessing a dog or having a dog on that person's premises for a period of time.  The 
prohibition may be permanent. 
Sec. 6.  7 MRSA §3952, sub-§8, as amended by PL 2011, c. 82, §2, is further 
amended to read: 
8.  Restriction of movement outside of a secure enclosure.  An owner or keeper of 
a dog confined to a secure enclosure by a court under subsection 1, paragraph A or 
subsection 1-A, paragraph C may not allow the dog outside of the secure enclosure 
unless: 
A.  It is necessary to obtain veterinary care for the dog or to comply with orders of 
the court; and 
B.  The dog is securely muzzled, restrained by a tether not more than 3 feet in length 
with a minimum tensile strength of 300 pounds and under the direct control of the 
dog's owner or keeper. 
SUMMARY 
This bill allows a sheriff, local law enforcement officer or animal control officer to 
determine whether a dog is a dangerous dog and requires the court to take that 
determination into account when making a decision regarding a dangerous dog.  It 
requires the sheriff, local law enforcement officer or animal control officer who 
determines a dog to be dangerous to apply for an ex parte order to take possession of the 
dog.  It removes the option of the court's allowing the owner or keeper of a dangerous dog 
to keep the dog and requires the court either to order the dog confined at a governmental 
facility or at a local humane society or similar nongovernmental organization or to order 
the dog euthanized.  It also adds to the law regarding ordering a dog's euthanasia that the 
dog must be euthanized if it killed, maimed or inflicted serious bodily injury upon a 
domesticated animal.