reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 1: GENERAL PROVISIONS › 17 §2702. Abatement of nuisance

§2702. Abatement of nuisance
When on indictment, complaint or action any person is adjudged guilty of a nuisance, the court, in addition to the fine imposed, if any, or to the judgment for damages and costs for which a separate execution shall issue, may order the nuisance abated or removed at the expense of the defendant. After inquiring into and estimating, as nearly as may be, the sum necessary to defray the expense thereof, the court may issue a warrant therefor substantially in the form following
"STATE OF MAINE
........, ss. To the sheriff of our county of .........., or either of his deputies, Greetings.
Whereas, by the consideration of our honorable .......... Court, at a term begun and held at .........., within and for said county, upon indictment," (or "complaint," or "action in favor of A. B.," as the case may be,) "C. D., of .........., &c., was adjudged guilty of erecting," ["causing," or "continuing,"] "a certain nuisance, being a building in .........., in said county," (or "fence," or other thing, describing particularly the nuisance and the place,) "which nuisance was ordered by said court to be abated and removed: We therefore command you forthwith to cause said nuisance to be abated and removed; also that you levy of the materials by you so removed, and of the goods, chattels and lands of said C. D., a sum sufficient to defray the expense of removing and abating the same, not to exceed .......... dollars," (the sum estimated by the court,) "together with your lawful fees, and thirty-three cents more for this writ. And, for want of such goods and estate to satisfy said sums, we command you to take the body of said C. D., and him commit unto our jail in .......... in said county, and there detain until he pays such sums or is legally discharged. And make return of this warrant, with your doings thereon, within thirty days. Witness, A. B., Esq., at .........., this .......... day of .........., in the year of our Lord 19....
J. S., Clerk."
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 1: GENERAL PROVISIONS › 17 §2703. Stay on security to discontinue

§2703. Stay on security to discontinue
Instead of issuing the warrant required by section 2702, the court may order it to be stayed on motion of the defendant, and on his entering into recognizance in such sum and with such surety as the court directs, in case of an indictment, to the State, or in case of a complaint or action, to the plaintiff, conditioned that the defendant will either discontinue said nuisance, or that within a time limited by the court and not exceeding 6 months, he will cause it to be abated and removed, as may be directed by the court. On failing to perform such condition, the recognizance shall be deemed forfeited, and the court on being satisfied of such default, may forthwith issue the warrant and entertain an action to enforce the recognizance.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 1: GENERAL PROVISIONS › 17 §2704. Expenses of abatement defrayed; poor debtor's oath

§2704. Expenses of abatement defrayed; poor debtor's oath
The expense of abating a nuisance by virtue of a warrant shall be collected by the officer as damages and costs are collected on execution; except that the materials of buildings, fences or other things removed as a nuisance may be first levied upon and sold by the officer, and the proceeds, if any remain after paying the expense of removal, shall be paid by him, on demand, to the defendant or the owner of such property. If said proceeds are not sufficient to satisfy the expenses, the officer shall collect the residue as aforesaid. A person committed to jail on such warrant may avail himself of the poor debtor's oath, as if he had been committed on execution. If said expense cannot be collected of the defendant, it shall be paid as costs in criminal prosecutions.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 1: GENERAL PROVISIONS › 17 §2705. Jurisdiction by injunction

§2705. Jurisdiction by injunction
Any court of record before which an indictment, complaint or action for a nuisance is pending may, in any county, issue an injunction to stay or prevent such nuisance, and make such orders and decrees for enforcing or dissolving it as justice and equity require.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 1: GENERAL PROVISIONS › 17 §2706. Penalty and abatement of nuisance

§2706. Penalty and abatement of nuisance
Whoever erects, causes or continues a public or common nuisance, as herein described or at common law, where no other punishment is specially provided, shall be punished by a fine of not more than $100. The court with or without such fine may order such nuisance to be discontinued or abated, and issue a warrant therefor as provided.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 2: COMMON NUISANCES › 17 §2742. -- penalties (REPEALED)

§2742. -- penalties
(REPEALED)
SECTION HISTORY
PL 1991, c. 797, §4 (AMD). PL 1995, c. 66, §3 (AMD). PL 2003, c. 452, §I46 (RP). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 2: COMMON NUISANCES › 17 §2743. Lease void; remedy of owner

§2743. Lease void; remedy of owner
If any tenant or occupant, under any lawful title, of any building or tenement not owned by the tenant or occupant uses the building or tenement or any part of the building or tenement for any purpose named in section 2741, the tenant or occupant forfeits all rights to the building or tenement, and the owner of the building or tenement upon the commencement of an action under Title 14, chapter 709 may seek any remedy provided by chapter 709 or upon a declaration of a common nuisance by the Superior Court upon the filing of information by the Attorney General, the district attorney or a prosecuting attorney assigned pursuant to Title 25, section 2955 may make immediate entry and take possession without further process of law or as otherwise ordered by the Superior Court.   [PL 1995, c. 66, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 66, §4 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 2: COMMON NUISANCES › 17 §2744. Liability of building owner (REPEALED)

§2744. Liability of building owner
(REPEALED)
SECTION HISTORY
PL 1991, c. 797, §4 (AMD). PL 1995, c. 66, §5 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2791. Blasting; notice

§2791. Blasting; notice
Persons engaged in blasting lime rock or other rocks shall before each explosion give seasonable notice thereof, so that all persons or teams approaching shall have time to retire to a safe distance from the place of said explosion. No such explosion shall be made after sunset.
Whoever violates any provision of this section forfeits to the prosecutor $5 for each offense, to be recovered in a civil action, and is liable for all damages caused by any explosion. If the persons engaged in blasting rocks are unable to pay or, after judgment and execution, avoid payment of the fine, damages and costs by the poor debtor's oath, the owners of the quarry, in whose employment they were, are liable for the same.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2793. Certain lights prohibited along highways

§2793. Certain lights prohibited along highways
No person shall place or maintain upon or in view of any highway any light so that its beams or rays are directed at any portion of a public street or highway when the light is of such brilliance and so positioned as to blind, dazzle or otherwise impair the vision of the driver of any motor vehicle upon said street or highway; or any rotating or flashing light or signal which imitates or simulates the flashing or rotating lights used on school buses, police, fire or highway vehicles, except safety signaling devices required by law. Whoever violates this section shall be punished by a fine of not more than $100.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2794. Dumping of oil

§2794. Dumping of oil
Oil, and a petroleum base, or materials containing significant quantities of such oil shall not be intentionally placed or deposited directly into or on banks of any river or stream, permanent or temporary, lake, pond or tidal waters or on the ice thereof where such material may fall or otherwise find its way into said watercourse or tidal waters, or shall such material be intentionally placed or deposited directly in pits, wells or on ground surfaces in such a manner that oil will percolate, seep or otherwise find access into ground waters or into wells used for the production of water.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2795. License for use of certain engines

§2795. License for use of certain engines
No stationary, internal combustion or steam engine shall be erected in a town until the municipal officers have granted license therefor, designating the place where the buildings therefor shall be erected, the materials and mode of construction, the size of the boiler and furnace, and such provision as to height of chimney or flues, and protection against fire and explosion, as they judge proper for the safety of the neighborhood. Such license shall be granted on written application, recorded in the town records and a certified copy of it furnished, without charge, to the applicant.
When application is made for such license, said officers shall assign a time and place for its consideration, and give at least 14 days' public notice thereof, in such manner as they think proper, at the expense of the applicant. Any person aggrieved by the decision of the select boards of towns in granting or refusing such license may appeal therefrom within 30 days to the Superior Court held in said county, which court may appoint a committee of 3 disinterested persons, as is provided in relation to appeals from location of highways. Said committee must be sworn and shall give 14 days' notice of the time and place of their hearing to the parties interested, view the premises, hear the parties and affirm, reverse or annul the decision of said select board, and their decision is final. Pending such appeal from granting such license, the Superior Court may enjoin the erection of such building and engine.   [PL 2021, c. 275, §3 (AMD).]
Any such engine erected without a license shall be deemed a common nuisance without other proof than its use.
Said officers shall have the same authority to abate and remove an engine, erected without license, as is given to the local health officer in Title 22, chapter 153.
SECTION HISTORY
PL 2021, c. 275, §3 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2796. Manufacture of powder

§2796. Manufacture of powder
If any person manufactures gunpowder, or mixes or grinds the composition therefor, in any building within 80 rods of any valuable building not owned by such person or his lessor, which was erected when such business was commenced, the former building shall be deemed a public nuisance; and such person may be prosecuted accordingly.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2797. Mills and dams; fences and buildings on public ways

§2797. Mills and dams; fences and buildings on public ways
The erection and maintenance of watermills and dams to raise water for working them upon or across streams not navigable as provided in Title 38, chapter 5, shall not be deemed a nuisance, unless they become offensive to the neighborhood, or injurious to the public health, or unless they occasion injuries or annoyances of a kind not authorized by said chapter. Fences and buildings fronting on public ways, commons or lands appropriated to public use shall not be deemed nuisances when erected for the times and in the manner provided in Title 23, section 2952, unless the owner of the same shall be estopped as therein provided from justifying his occupation within the limits of said way.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2798. Mufflers required on motorboats (REPEALED)

§2798. Mufflers required on motorboats
(REPEALED)
SECTION HISTORY
PL 1969, c. 123, §1 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2799. Possession of poisonous snakes

§2799. Possession of poisonous snakes
The possession of poisonous snakes shall be a public nuisance, except where poisonous snakes shall be continuously confined in such type of enclosure as may be determined to be escape proof.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2800. Removal of bushes, trees and stumps from flowed area

§2800. Removal of bushes, trees and stumps from flowed area
Whoever hereafter erects a dam on any of the public waters of this State shall, within 3 years after a head of water is held and flowage created thereby, remove from the flowed area all trees, bushes and stumps that he can legally remove therefrom, to such an extent that the tops of all trees, bushes and stumps left thereon shall be at least 5 feet below the surface of the mean low-water level maintained during the period beginning June 1st and ending December 1st next following of each year and shall within said 3-year period remove such growth as he can legally remove from the edge of the flowed area to such an extent that no dry-ki and debris shall form to be carried away by the water. For the purpose of protecting the right of the public in the navigation of the waters over said flowed area the owner of such dam shall, after the creation of flowage thereby, have the right to cut and remove from the flowed area all trees, bushes and stumps remaining thereon, and the damage to the owner thereof caused by such removal shall be ascertained in the same manner as is provided for the ascertainment of the damages caused by the flowage.
Any dam erected hereafter which is maintained in violation of this section shall constitute a public nuisance, and be subject to section 2706.
This section shall not apply to dams which are created solely for log driving purposes where the water is stored for not exceeding 3 months of each year, nor shall the same be interpreted in any instance to require the removal of stumps below the swell of the roots.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2801. Spite fences

§2801. Spite fences
Any fence or other structure in the nature of a fence, unnecessarily exceeding 6 feet in height, maliciously kept and maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2802. Miscellaneous nuisances

§2802. Miscellaneous nuisances
The erection, continuance or use of any building or place for the exercise of a trade, employment or manufacture that, by noxious exhalations, offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or of the public; causing or permitting abandoned wells or tin mining shafts to remain unfilled or uncovered to the injury or prejudice of others; causing or suffering any offal, filth or noisome substance to collect or to remain in any place to the prejudice of others; obstructing or impeding, without legal authority, the passage of any navigable river, harbor or collection of water; corrupting or rendering unwholesome or impure the water of a river, stream, pond or aquifer; imprudent operation of a watercraft as defined in Title 12, section 13068-A, subsection 8; unlawfully diverting the water of a river, stream, pond or aquifer from its natural course or state to the injury or prejudice of others; and the obstructing or encumbering by fences, buildings or otherwise of highways, private ways, streets, alleys, commons, common landing places or burying grounds are nuisances within the limitations and exceptions mentioned. Any places where one or more old, discarded, worn-out or junked motor vehicles as defined in Title 29-A, section 101, subsection 42, or parts thereof, are gathered together, kept, deposited or allowed to accumulate, in such manner or in such location or situation either within or without the limits of any highway, as to be unsightly, detracting from the natural scenery or injurious to the comfort and happiness of individuals and the public, and injurious to property rights, are public nuisances.   [PL 2005, c. 397, Pt. A, §11 (AMD).]
SECTION HISTORY
PL 1965, c. 78, §1 (AMD). PL 1971, c. 274 (AMD). PL 1979, c. 472, §3 (AMD). PL 1995, c. 65, §A53 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1997, c. 540, §4 (AMD). PL 1997, c. 683, §A7 (AMD). RR 2003, c. 2, §24 (COR). PL 2005, c. 397, §A11 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2803. -- assignment of place for

§2803. -- assignment of place for
The municipal officers of a town, when they judge it necessary, may assign places therein for the exercise of any trades, employments or manufactures described in section 2802, and may forbid their exercise in other places, under penalty of being deemed public or common nuisances and the liability to be dealt with as such. All such assignments shall be entered in the records of the town and may be revoked when said officers judge proper.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2804. -- complaints about

§2804. -- complaints about
When a place or building so assigned becomes a nuisance, offensive to the neighborhood or injurious to the public health, any person may complain thereof to the Superior Court and if, after notice to the party complained of, the truth of the complaint is admitted by default or made to appear to a jury on trial, the court may revoke such assignment and prohibit the further use of such place or building for such purposes, under a penalty of not more than $100 for each month's continuance after such prohibition, to the use of said town; and may order it to be abated and issue a warrant therefor, or stay it as provided; but if the jury acquit the defendant, he shall recover costs of the complainant.
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2805. Farm, farm operation or agricultural composting operation not nuisance; use of best management practices (REPEALED)

§2805. Farm, farm operation or agricultural composting operation not nuisance; use of best management practices
(REPEALED)
SECTION HISTORY
PL 1981, c. 472 (NEW). PL 1991, c. 395, §§1-3 (AMD). PL 1993, c. 87, §1 (AMD). PL 1993, c. 124, §§3,4 (AMD). PL 1997, c. 642, §§4,5 (AMD). PL 1999, c. 723, §2 (AMD). PL 2003, c. 283, §6 (AMD). PL 2005, c. 638, §1 (AMD). PL 2007, c. 649, §7 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2806. Sport shooting ranges

§2806. Sport shooting ranges
1.  Acquisition of property near existing range.
Except as provided in this subsection, a person may not maintain a nuisance action, including for noise, against a shooting range located in the vicinity of that person's property if the shooting range was established as of the date the person acquired the property. If there is a substantial change in use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within 3 years from the beginning of the substantial change.
[PL 2015, c. 433, §1 (AMD).]
2.  Establishment of shooting range near existing property.
A person who owns property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action, including for noise, against that shooting range only if the action is brought within 5 years after establishment of the range or 3 years after a substantial change in use of the range.
[PL 2015, c. 433, §1 (AMD).]
3.  Dormant shooting range.
If there has been no shooting activity at a range for a period of 3 years, resumption of shooting is considered establishment of a new shooting range for purposes of this section.
[PL 1995, c. 231, §1 (NEW).]
4.  Application.
This section does not limit nuisance actions against shooting ranges established on or after September 1, 2016.
[PL 2015, c. 433, §2 (AMD).]
SECTION HISTORY
PL 1995, c. 231, §1 (NEW). PL 2015, c. 433, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2807. Commercial fishing activities and commercial fishing operations

§2807. Commercial fishing activities and commercial fishing operations
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Commercial fishing activity" means an activity directly related to commercial fishing or a commercial activity commonly associated with or supportive of commercial fishing, such as the manufacture or sale of ice, bait, traps or nets or the manufacture, installation or repair of boats, engines or other equipment commonly used on boats or in facilities that involve the catching, transporting, buying, selling or processing of seafood for commercial purposes.   [PL 2001, c. 99, §1 (NEW).]
B. "Commercial fishing operation" means a condition or activity that occurs in connection with the commercial harvesting, purchasing, selling or processing of seafood and includes noise, odors, operation of a vessel, operation of harvesting or processing equipment and transfer or storage of bait.   [PL 2001, c. 99, §1 (NEW).]
[PL 2001, c. 99, §1 (NEW).]
2.  Private nuisance actions limited.
A private nuisance action may not be maintained against a person engaged in a commercial fishing activity or commercial fishing operation so long as the activity or operation is undertaken in compliance with applicable licensing and permitting requirements and other applicable statutes, rules and ordinances.
[PL 2001, c. 99, §1 (NEW).]
3.  Finfish aquaculture exemption.
For purposes of this section, activities and conditions associated with licensed finfish aquaculture are not commercial fishing activities or commercial fishing operations.
[PL 2001, c. 99, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 99, §1 (NEW).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 3: PARTICULAR NUISANCES › 17 §2808. Alteration of surface water flow

§2808. Alteration of surface water flow
Unreasonable use of land that results in altered flow of surface water that unreasonably injures another's land or that unreasonably interferes with the reasonable use of another's land is a nuisance.   [PL 2005, c. 564, §1 (NEW); PL 2005, c. 564, §3 (AFF).]
An action under this section must be commenced within 3 years after the cause of action accrues.   [PL 2005, c. 564, §1 (NEW); PL 2005, c. 564, §3 (AFF).]
SECTION HISTORY
PL 2005, c. 564, §1 (NEW). PL 2005, c. 564, §3 (AFF).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 4: DANGEROUS BUILDINGS › 17 §2852. Appeal; hearing

§2852. Appeal; hearing
An appeal from a decision of the municipal officers or county commissioners under section 2851 or section 2856 must be to the Superior Court, pursuant to the provisions of the Maine Rules of Civil Procedure, Rule 80B.   [PL 2017, c. 136, §2 (AMD).]
SECTION HISTORY
PL 1965, c. 284 (RPR). PL 1979, c. 27, §4 (RPR). PL 1997, c. 6, §2 (AMD). PL 2017, c. 136, §2 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 4: DANGEROUS BUILDINGS › 17 §2853. Recovery of expenses

§2853. Recovery of expenses
All expenses incurred by a municipality or county related to an order issued under section 2851, including, but not limited to, expenses relating to the abatement or removal of a building, must be repaid to the municipality or county by the owner within 30 days after demand, or a special tax may be assessed by the assessors against the land on which the building was located for the amount of the expenses and that amount must be included in the next annual warrant to the tax collector of the municipality or county for collection and must be collected in the same manner as other state, county and municipal taxes are collected.   [PL 2017, c. 136, §3 (AMD).]
In the case of any claim for expenses incurred in the abatement or removal of any wharf, pier, pilings or any portion thereof that extends beyond the low water mark, the special tax authorized by this section must apply to the land from which the wharf, pier or pilings extended or to which they were adjacent, if the owner of the land is also the owner of the wharf, pier, pilings or portion thereof.   [PL 2017, c. 136, §3 (AMD).]
Expenses include, but are not limited to, the costs of title searches, location reports, service or process, reasonable attorney's fees, costs of removal of the building, any costs incurred in securing the building pending its removal and all other costs incurred by the municipality or county that are reasonably related to the removal of the building. In addition to levying a special tax, the municipality or county may recover its expenses, including its reasonable attorney's fees, by means of a civil action brought against the owner.   [PL 2017, c. 136, §3 (AMD).]
SECTION HISTORY
PL 1965, c. 284 (RPR). PL 1967, c. 401, §2 (AMD). PL 1973, c. 143, §2 (AMD). PL 1977, c. 707, §§5-A (AMD). PL 1979, c. 27, §5 (AMD). PL 2017, c. 136, §3 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 4: DANGEROUS BUILDINGS › 17 §2856. Securing dangerous buildings

§2856. Securing dangerous buildings
In addition to other proceedings authorized by this subchapter, a municipality has the right to secure buildings that pose a serious threat to the public health and safety and to recover its expenses in so doing as provided in section 2853. If a building is secured under this section, notice in accordance with section 2857 must be given. This notice need not be given before securing the building if the threat to the public health and safety requires prompt action.   [PL 2017, c. 136, §4 (AMD).]
SECTION HISTORY
PL 1979, c. 27, §6 (NEW). PL 2017, c. 136, §4 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 4: DANGEROUS BUILDINGS › 17 §2857. Notice; recording

§2857. Notice; recording
Notice required under section 2851 or section 2856 must be served on the owner and parties in interest in the same way service of process is made in accordance with the Maine Rules of Civil Procedure. When the name or address of an owner or party in interest is unknown or is not ascertainable with reasonable diligence, the notice must be published once a week for 3 successive weeks prior to the date of hearing in a newspaper generally circulated in the county, or if none, in the state paper.   [PL 2017, c. 136, §5 (NEW).]
The municipal or county clerk shall cause an attested copy of the notice to be recorded in the Registry of Deeds located within the county where the building is situated. Recording of this notice puts any person claiming under the owner of a building subject to proceedings under this subchapter on notice of the pendency of the proceedings.   [PL 2017, c. 136, §5 (AMD).]
SECTION HISTORY
PL 1979, c. 27, §6 (NEW). PL 2017, c. 136, §5 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 91: NUISANCES › Subchapter 4: DANGEROUS BUILDINGS › 17 §2858. Consent to removal

§2858. Consent to removal
The owner or a party in interest of a dangerous building may consent to its removal and to the recovery of the expenses incurred by a municipality or county by means of a special tax as set forth in this subchapter. Notices of the consent must be recorded in the Registry of Deeds located in the county where the building is situated.   [PL 2017, c. 136, §6 (AMD).]
SECTION HISTORY
PL 1979, c. 27, §6 (NEW). PL 2017, c. 136, §6 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 92: CHILD PROTECTION ACT › 17 §2871. Definitions

§2871. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 538, §1 (NEW).]
1.  Day care center.
"Day care center" means a child care facility, as defined in Title 22, section 8301‑A, subsection 1‑A, paragraph B.
[PL 2001, c. 645, §1 (AMD).]
2.  Nursery school.
"Nursery school" means nursery school, as defined in Title 22, section 8401.
[PL 1985, c. 538, §1 (NEW).]
3.  Preschool facility.
"Preschool facility" means any day care center or nursery school.
[PL 1997, c. 494, §2 (AMD); PL 1997, c. 494, §15 (AFF).]
SECTION HISTORY
PL 1985, c. 538, §1 (NEW). PL 1997, c. 494, §§1,2 (AMD). PL 1997, c. 494, §15 (AFF). PL 2001, c. 645, §1 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 92: CHILD PROTECTION ACT › 17 §2872. Employees transporting minors

§2872. Employees transporting minors
No person may be employed in any preschool facility in any capacity that involves the transporting of minors by means of motor vehicle if the person, prior to commencement of that employment, has been convicted of a violation of former Title 29, section 1312, subsection 10; section 1312-B or 1312-C; Title 15, section 3103, subsection 1, paragraph F ; or Title 29-A, section 2411 within the preceding 6-year period.   [PL 1995, c. 65, Pt. A, §54 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
SECTION HISTORY
PL 1985, c. 538, §1 (NEW). PL 1987, c. 676, §1 (AMD). PL 1995, c. 65, §A54 (AMD). PL 1995, c. 65, §§A153,C15 (AFF).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93: OBSCENITY (REPEALED) › 17 §2901. Making or circulating books and pictures (REPEALED)

§2901. Making or circulating books and pictures
(REPEALED)
SECTION HISTORY
PL 1969, c. 575, §2 (AMD). PL 1977, c. 410, §1 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93: OBSCENITY (REPEALED) › 17 §2903. Circulation among minors of criminal news and obscene pictures (REPEALED)

§2903. Circulation among minors of criminal news and obscene pictures
(REPEALED)
SECTION HISTORY
PL 1977, c. 410, §1 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93: OBSCENITY (REPEALED) › 17 §2904. Use of phonographs for profane or obscene language (REPEALED)

§2904. Use of phonographs for profane or obscene language
(REPEALED)
SECTION HISTORY
PL 1977, c. 410, §1 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93: OBSCENITY (REPEALED) › 17 §2906. Magazines containing obscene material on their covers not to be displayed to minors (REPEALED)

§2906. Magazines containing obscene material on their covers not to be displayed to minors
(REPEALED)
SECTION HISTORY
PL 1977, c. 419 (NEW). PL 1979, c. 127, §122 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93-A: OBSCENITY › 17 §2912. Magazines containing obscene material on their covers not to be displayed to minors

§2912. Magazines containing obscene material on their covers not to be displayed to minors
1.  Prohibition.
No book, magazine or newspaper containing obscene material on its cover and offered for sale may be displayed in a location accessible to minors unless the cover of that book, magazine or newspaper is covered with an opaque material sufficient to prevent the obscene material from being visible.
[RR 2009, c. 2, §37 (COR).]
2.  Definitions.
For purposes of this section, the following terms shall have the following meanings.
A. "Minor" means any person who has not attained his 18th birthday.   [PL 1979, c. 127, §123 (NEW).]
B. "Obscene material" means material which:
(1) To the average individual applying contemporary community standards with respect to what is suitable material for minors, considered as a whole, appeals to prurient interests;
(2) Depicts or describes in a patently offensive manner, ultimate sexual acts, excretory functions, masturbation or lewd exhibition of the genitals; and
(3) When considered as a whole, lacks serious literary, artistic, political or scientific value.   [PL 1983, c. 300, §6 (AMD).]
[PL 1983, c. 300, §6 (AMD).]
3.  Civil violation.
Any person violating this section shall be subject to a forfeiture of not more than $250.
[PL 1979, c. 127, §123 (NEW).]
SECTION HISTORY
PL 1979, c. 127, §123 (NEW). PL 1983, c. 300, §6 (AMD). RR 2009, c. 2, §37 (COR).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93-A: OBSCENITY › 17 §2913. Exhibiting obscene motion pictures to minors at outdoor motion picture theaters

§2913. Exhibiting obscene motion pictures to minors at outdoor motion picture theaters
1.  Definitions.
For purposes of this section, unless the context indicates otherwise, the following terms have the following meanings.
A. "Exhibit" means to display for viewing by the public.   [PL 1983, c. 300, §7 (NEW).]
B. "Obscene motion picture" means a motion picture which:
(1) To the average individual applying contemporary community standards with respect to what is suitable material for minors, considered as a whole, appeals to prurient interests;
(2) Depicts or describes in a patently offensive manner, ultimate sexual acts, excretory functions, masturbation or lewd exhibition of the genitals; and
(3) When considered as a whole, lacks serious literary, artistic, political or scientific value.   [PL 1983, c. 300, §7 (NEW).]
[PL 1983, c. 300, §7 (NEW).]
2.  Exhibiting obscene motion pictures.
A person is guilty of exhibiting obscene motion pictures to a minor at an outdoor motion picture theater if he knowingly exhibits an obscene motion picture declared obscene in an action to which he was a party pursuant to subsection 3, at an outdoor motion picture theater in such a manner that the exhibition is visible by minors from or in any public street, highway, sidewalk, thoroughfare, private residence or place of public accommodation.
[PL 1983, c. 300, §7 (NEW).]
3.  Procedure for adjudicating obscenity.
Whenever the Attorney General, or any district attorney, reasonably believes a person is exhibiting at an outdoor motion picture theater a motion picture that is obscene, the Attorney General or district attorney may petition the Superior Court to declare the motion picture obscene pursuant to Title 14, sections 5951 to 5963. The Attorney General, or district attorney, may join all persons the Attorney General or district attorney reasonably believes to be exhibiting that motion picture to minors as parties to the action. The hearing on that petition may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.
A. Trial on the issue of obscenity must be by jury.   [PL 2011, c. 559, Pt. A, §19 (AMD).]
B. Intervention by others exhibiting the same motion picture must be freely allowed.   [PL 2011, c. 559, Pt. A, §19 (AMD).]
C. Determination by a court, pursuant to this subsection, that a motion picture is obscene does not bar relitigation of that issue in a criminal prosecution under this section.   [PL 2011, c. 559, Pt. A, §19 (AMD).]
[PL 2011, c. 559, Pt. A, §19 (AMD).]
4.  Penalty.
Exhibiting obscene motion pictures to a minor at an outdoor motion picture theater is a Class D crime.
[PL 1983, c. 300, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 300, §7 (NEW). PL 2011, c. 559, Pt. A, §19 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93-B: SEXUAL EXPLOITATION OF MINORS (REPEALED) › 17 §2921. Definitions (REPEALED)

§2921. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 628, §1 (NEW). PL 1983, c. 300, §8 (AMD). PL 1985, c. 495, §2 (AMD). PL 1987, c. 165 (AMD). PL 1989, c. 401, §B2 (AMD). PL 1999, c. 444, §§1,2 (AMD). PL 2003, c. 711, §B1 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93-B: SEXUAL EXPLOITATION OF MINORS (REPEALED) › 17 §2922. Sexual exploitation of a minor (REPEALED)

§2922. Sexual exploitation of a minor
(REPEALED)
SECTION HISTORY
PL 1977, c. 628, §1 (NEW). PL 1985, c. 495, §3 (AMD). PL 2003, c. 452, §§I47,48 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 711, §B1 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93-B: SEXUAL EXPLOITATION OF MINORS (REPEALED) › 17 §2923. Dissemination of sexually explicit materials (REPEALED)

§2923. Dissemination of sexually explicit materials
(REPEALED)
SECTION HISTORY
PL 1977, c. 628, §1 (NEW). PL 1983, c. 223 (AMD). PL 1993, c. 727, §1 (AMD). PL 1999, c. 444, §§3,4 (AMD). PL 2001, c. 412, §1 (AMD). PL 2003, c. 452, §§I49,50 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 711, §B1 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93-B: SEXUAL EXPLOITATION OF MINORS (REPEALED) › 17 §2924. Possession of sexually explicit materials (REPEALED)

§2924. Possession of sexually explicit materials
(REPEALED)
SECTION HISTORY
RR 1993, c. 2, §8 (COR). PL 1993, c. 727, §2 (NEW). PL 2001, c. 412, §2 (AMD). PL 2003, c. 452, §§I51-53 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 711, §B1 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93-B: SEXUAL EXPLOITATION OF MINORS (REPEALED) › 17 §2925. Forfeiture of equipment used to facilitate violations (REPEALED)

§2925. Forfeiture of equipment used to facilitate violations
(REPEALED)
SECTION HISTORY
PL 1999, c. 444, §5 (NEW). PL 2003, c. 711, §B1 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93-C: INTERFERENCE WITH CONSTITUTIONAL AND CIVIL RIGHTS › 17 §2931. Prohibition

§2931. Prohibition
A person may not, by force or threat of force, intentionally injure, intimidate or interfere with, or intentionally attempt to injure, intimidate or interfere with or intentionally oppress or threaten any other person in the free exercise or enjoyment of any right or privilege, secured to that person by the Constitution of Maine or laws of the State or by the United States Constitution or laws of the United States.   [PL 1999, c. 51, §2 (AMD).]
As used in this section, "intentionally" has the meaning set forth in Title 17‑A, section 35.   [PL 1987, c. 695, §5 (AMD).]
SECTION HISTORY
PL 1987, c. 515, §2 (NEW). PL 1987, c. 695, §5 (AMD). PL 1999, c. 51, §2 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 93-C: INTERFERENCE WITH CONSTITUTIONAL AND CIVIL RIGHTS › 17 §2932. Penalty

§2932. Penalty
A violation of this chapter is a Class D crime.   [PL 1987, c. 515, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 515, §2 (NEW).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 95: OBSTRUCTING JUSTICE (REPEALED) › 17 §2952. Assault on or interference with officer; jurisdiction (REPEALED)

§2952. Assault on or interference with officer; jurisdiction
(REPEALED)
SECTION HISTORY
PL 1965, c. 11 (AMD). PL 1971, c. 97, §7 (AMD). PL 1973, c. 499 (AMD). PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 95: OBSTRUCTING JUSTICE (REPEALED) › 17 §2953. Obstructing officer in service of process; civil (REPEALED)

§2953. Obstructing officer in service of process; civil
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 97: PERJURY AND SUBORNATION OF PERJURY (REPEALED) › 17 §3002. Attempted subornation of perjury (REPEALED)

§3002. Attempted subornation of perjury
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 97: PERJURY AND SUBORNATION OF PERJURY (REPEALED) › 17 §3003. Presumption of perjury committed before court (REPEALED)

§3003. Presumption of perjury committed before court
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 99: PROSTITUTION AND DISORDERLY HOUSES (REPEALED) › 17 §3056. Placing a wife in a house of prostitution (REPEALED)

§3056. Placing a wife in a house of prostitution
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 99: PROSTITUTION AND DISORDERLY HOUSES (REPEALED) › 17 §3058. Detention in house of prostitution for debt (REPEALED)

§3058. Detention in house of prostitution for debt
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 99: PROSTITUTION AND DISORDERLY HOUSES (REPEALED) › 17 §3059. Transportation for prostitution; place of prosecution (REPEALED)

§3059. Transportation for prostitution; place of prosecution
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 99: PROSTITUTION AND DISORDERLY HOUSES (REPEALED) › 17 §3060. No defense that part of acts committed out of State (REPEALED)

§3060. No defense that part of acts committed out of State
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 99: PROSTITUTION AND DISORDERLY HOUSES (REPEALED) › 17 §3061. Abused female competent witness; evidence of general reputation of house (REPEALED)

§3061. Abused female competent witness; evidence of general reputation of house
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 99: PROSTITUTION AND DISORDERLY HOUSES (REPEALED) › 17 §3062. Warrant to search for enticed female (REPEALED)

§3062. Warrant to search for enticed female
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §15 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 101: PUBLIC OFFICES AND OFFICERS › 17 §3104. Conflicts of interest; purchases by the State

§3104. Conflicts of interest; purchases by the State
No trustee, superintendent, treasurer or other person holding a place of trust in any state office or public institution of the State shall be pecuniarily interested directly or indirectly in any contracts made in behalf of the State or of the institution in which he holds such place of trust, and any contract made in violation hereof is void. This section shall not apply to purchases of the State by the Governor under authority of Title 1, section 814.   [PL 1975, c. 771, §164 (AMD).]
SECTION HISTORY
PL 1967, c. 247, §1 (AMD). PL 1973, c. 785, §1 (AMD). PL 1975, c. 499, §26 (AMD). PL 1975, c. 771, §164 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 103: RAPE AND CARNAL KNOWLEDGE (REPEALED) › 17 §3151-A. Firearm (REPEALED)

§3151-A. Firearm
(REPEALED)
SECTION HISTORY
PL 1971, c. 539, §17 (NEW). PL 1975, c. 499, §17 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 103: RAPE AND CARNAL KNOWLEDGE (REPEALED) › 17 §3152. Carnal knowledge of girls 14 to 16 (REPEALED)

§3152. Carnal knowledge of girls 14 to 16
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §17 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 103: RAPE AND CARNAL KNOWLEDGE (REPEALED) › 17 §3154. —firearm (REPEALED)

§3154. —firearm
(REPEALED)
SECTION HISTORY
PL 1971, c. 539, §18 (NEW). PL 1975, c. 499, §17 (RP).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 105: RELIGIOUS ASSEMBLIES, HOLY DAYS AND HOLIDAYS › Subchapter 1: HOLY DAYS › 17 §3202. Computation by standard time

§3202. Computation by standard time
To determine when the Lord's Day begins and ends under section 3204 as it applies to diversion, show or entertainment, the hours shall be United States Eastern Standard time.   [PL 1971, c. 334, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 334, §1 (AMD).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 105: RELIGIOUS ASSEMBLIES, HOLY DAYS AND HOLIDAYS › Subchapter 1: HOLY DAYS › 17 §3203. Sales of motor vehicles prohibited

§3203. Sales of motor vehicles prohibited
1.  Sales of motor vehicles on Sunday prohibited.
Except as provided in section 3203-A, on Sunday a person may not:
A. Carry on or engage in the business of buying, selling, exchanging, dealing or trading in new or used motor vehicles;   [PL 2003, c. 452, Pt. I, §54 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Open any place of business or lot in which that person attempts to or does engage in the business of buying, selling, exchanging, dealing or trading in new or used motor vehicles; or   [PL 2003, c. 452, Pt. I, §54 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. Buy, sell, exchange, deal or trade in new or used motor vehicles.   [PL 2003, c. 452, Pt. I, §54 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. I, §54 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty.
A person who violates this section commits a Class E crime. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4-A. If the person is the holder of dealer or transporter registration plates under Title 29-A, chapter 9, the person is subject to the suspension or revocation of those plates, as provided for in Title 29-A, section 903, for the violation of this section.
[PL 2003, c. 452, Pt. I, §54 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1973, c. 27, §1 (AMD). PL 1973, c. 788, §70 (AMD). PL 1979, c. 127, §124 (AMD). PL 1995, c. 65, §A55 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 87, §1 (AMD). PL 1995, c. 625, §B3 (RPR). PL 2003, c. 452, §I54 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 17: CRIMES › Chapter 105: RELIGIOUS ASSEMBLIES, HOLY DAYS AND HOLIDAYS › Subchapter 1: HOLY DAYS › 17 §3203-A. Motor homes

§3203-A. Motor homes
A person who is licensed in accordance with Title 29-A, section 951 and whose primary business is the buying and selling of new motor homes is exempt from section 3203 as it relates to that person's primary business. A "motor home" means a motor vehicle that is primarily designed as temporary living quarters and:   [PL 1995, c. 87, §2 (NEW).]
1.  Part of vehicle.
Is built onto or is an integral part of the motor vehicle chassis; and
[PL 1995, c. 87, §2 (NEW).]
2.  Contains living systems.
Contains independent living systems that are part of the manufacturing process that include cooking facilities, plumbing with external evacuation or that is self-contained, electrical capabilities, a heating source powered separately from the engine and a water system that includes a sink and faucet.
[PL 1995, c. 87, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 87, §2 (NEW).