Below are some of the laws the Animal Control Officer enforces for the protection of
animals and the public. To report a violation of the Animal Welfare Laws call
892-2525. Just click the link for the Law you are interested or go to
Maine Revised Statues Annotated:
TITLE 7:
AGRICULTURE AND ANIMALS.
Link to
Information on the West
Nile Virus
The Animal Control officer is a member of the Police
Department who is responsible for the overall enforcement of the Municipal and State
Animal Welfare Laws. He responses to calls relating to domesticated animals and has
a limited role when handling wild animals. Them main concern with the wild animals
is rabies protection.
Other wildlife problems are handled by the Maine Department of Inland Fisheries and
Wildlife. A Game Warden can be reached at the telephone number of 657-2345.
All stray animals picked up by the Animal Control Officer are taken to the Animal Refuge League on 449 Stroudwater
Street, Westbrook. In order for you to retrieve your animal a
$15.00/day fee is charged as well as a administrative fee of $25 for the first
offense, $50 for a second offense and $100 for three or more offenses.
These fees along with other fees many change at anytime, so you should contact
the ARL at 854-9771 to determine what you will be charged to recover your
animal.
 |
Common Animal Welfare Laws
|
|
These laws provide you with some basic
information on the laws the ACO commonly enforces. Because the laws
in the State of Maine change on a frequent basis you should consult the Maine
Revised Statues Annotated as well:
TITLE 7:
AGRICULTURE AND ANIMALS to verify this information.
Title 7 Section 3922 Issuance
of License
Back to Top
1. License; January 1st. Each owner or keeper of a dog at the
age of 6 months or more, on or before January lst of each year, shall obtain
a license:
| |
| |
A. From the clerk of the municipality where the dog is kept;
|
|
| |
| |
B. From the dog recorder in the unorganized territory where the dog
is kept or, in the absence of a duly authorized dog recorder, from a
dog recorder in the nearest municipality or unorganized territory in
the same county where the dog is kept; |
|
| |
| |
C. From a veterinary licensing agent in accordance with section
3923-F; or |
|
| |
| |
D. From the department using the Internet in accordance with section
3923-G. |
|
|
| |
2. License; after January 1st.
The owner or keeper, within 10 days of the conditions of paragraph A or B
being met, shall obtain a license, if between January lst and October 15th
of any year:
| |
| |
A. A dog reaches the age of 6 months or more; or
|
|
| |
| |
B. A person becomes the owner or keeper of a dog aged 6 months or
more. |
|
|
| |
3. Proof of immunization. Except as provided in
subsection 3-A, a municipal clerk may not issue a license for a dog until
the applicant has filed with the clerk proof that the dog has been immunized
against rabies in accordance with rules adopted by the Commissioner of
Health and Human Services, except that the requirement of immunization may
be waived by the clerk under conditions set forth by the Commissioner of
Health and Human Services.
The commissioner shall adopt rules that allow
the clerk and the commissioner to accept valid proof of immunization against
rabies provided by another state. |
| |
3-A. Exception to immunization requirement for wolf hybrids.
If a person applying for a license declares that the dog is a wolf hybrid, a
municipal clerk may issue a license without proof that the dog has been
immunized against rabies. In accordance with subsection 5, the license
issued for the dog must state that the dog is a wolf hybrid. |
| |
3-B. Proof of permanent identification. A
municipal clerk may not issue a license for a wolf hybrid until the
applicant has filed with the clerk proof that the wolf hybrid has been
permanently identified in accordance with section 3921-A. |
| |
4. Trained guide dogs. If a trained dog has not
been previously registered or licensed by the municipal clerk to whom the
application is being made, the clerk shall not register the dog nor issue to
its owner or keeper a license and tag unless written evidence is provided
that the dog is trained and educated and intended to perform guide service
for the applicant. |
| |
5. Form of license. The license must state the
breed, sex, color and markings of the dog, whether the animal is a dog or
wolf hybrid and the name and address of the owner or keeper. If the person
applying for a license declares that the dog is a wolf hybrid, the license
must state that the dog is a wolf hybrid. The license must be issued in
triplicate and the original must be given to the applicant and the remaining
2 copies must be retained by the municipal clerk or dog recorder.
[1997, c. 704, §9 |
| |
6. Designation of wolf hybrid. An owner or
keeper of a dog declared as a wolf hybrid may not change the license
designation. A dog that has been declared a wolf hybrid must be treated as a
wolf hybrid in accordance with Title 22, chapter 251, subchapter V. |
Title 7 Section 3923-A.
License and recording fees -
Back to Top
Except as provided in subsection 3 and section 3923-C, a
dog owner or keeper obtaining a license from a municipal clerk or dog recorder
shall pay the license and recording fees established in this section.
| |
1. Dogs capable of producing young. A dog owner
or keeper shall pay a fee of $10 to the municipal clerk for each dog 6
months of age or older and capable of producing young. A dog is considered
capable of producing young unless certification under subsection 2 is
provided. The municipal clerk shall retain a $1 recording fee and pay the
remaining $9 to the department for deposit in the Animal Welfare Fund.
|
| |
2. Dogs incapable of producing young.
A dog owner shall pay a fee of $6 to the municipal clerk or to a veterinary
licensing agent for each dog 6 months of age or older and incapable of
producing young. A dog is considered incapable of producing young when the
owner provides the following:
| |
| |
A. A written certificate issued by a veterinarian stating that the
veterinarian has neutered the dog;
|
|
| |
| |
B. A written certificate issued by a veterinarian stating that the
veterinarian has examined the dog and determined that the dog is
incapable of producing young; or
|
|
| |
| |
C. A previous license stating that the dog is incapable of producing
young. |
|
The municipal clerk shall retain a $1
recording fee, deposit $2 in the municipality's animal welfare account
established in accordance with section 3945 and pay the remaining $3 to the
department for deposit in the Animal Welfare Fund. |
| |
3. Exemption from fees. A municipal clerk or a
veterinary licensing agent shall issue a license upon application and
without payment of a license fee required under this section for:
| |
| |
A. A trained guide dog owned or kept by a visually impaired person
or such a dog awaiting training;
|
|
| |
| |
B. A trained hearing dog owned or kept by a hearing-impaired person
or such a dog awaiting training;
|
|
| |
| |
C. A trained service dog owned or kept by a physically impaired
person or such a dog awaiting training;
|
|
| |
| |
D. A trained search and rescue dog recognized by the Department of
Inland Fisheries and Wildlife or by the statewide association of
search and rescue that cooperates with the Department of Inland
Fisheries and Wildlife in developing standards for search and rescue
or such a dog awaiting training; and
|
|
| |
| |
E. A dog certified by the State and used for law enforcement
purposes. |
|
|
| |
4. Late fees. An owner or keeper required to
license a dog under section 3922, subsection 1 or section 3923-C, subsection
1 and applying for a license for that dog after January 31st shall pay to
the municipal clerk or dog recorder a late fee of $15 in addition to the
annual license fee paid in accordance with subsection 1 or 2 and section
3923-C, subsection 1. The clerk or dog recorder shall deposit all late fees
collected under this subsection into the municipality's animal welfare
account established in accordance with section 3945.
An owner or keeper whose name appears on a
municipal warrant issued in accordance with section 3943 must pay the late
fee of $25 required by that section and is not subject to this subsection.
|
Title 7 Section
3923-B Tags and
stickers -
Back to Top
| 1. Tags and stickers.
The municipal clerk shall provide with each new license issued under section
3923-A a tag indicating the year the license is issued and bearing other
information prescribed by the department. The tag remains with the dog for
as long as the dog is kept in the licensing municipality. At each license
renewal, the municipal clerk shall provide a sticker indicating the year for
which the license is valid. The sticker must be attached to the back of the
tag. The owner or keeper shall make sure that the tag is securely attached
to a collar of leather, metal or material of comparable strength and that
the collar is worn at all times by the dog for which the license was issued,
except as provided in subsection 3.
If a sticker and tag are lost or the owner has
moved to a different municipality, the owner or keeper of the dog shall
obtain a new license, tag and sticker. The municipal clerk shall issue
another license, tag and sticker upon presentation of the original license
and payment of $1. The clerk shall retain the $1 for a recording fee.
|
2-A. Rabies tags. An owner shall
ensure that a rabies tag obtained from a veterinarian for immunization
against rabies is securely attached to a collar of leather, metal or
material of comparable strength and that the collar is worn at all times by
the dog for which the rabies tag was issued, except as provided in
subsection 3. |
3. Exceptions. A dog is not required to wear a
tag when on the premises of the owner or off the premises of the owner while
hunting, in training or in an exhibition. When a dog is hunting, in training
or in an exhibition, its owner or keeper shall produce proof of licensure
and proof of rabies immunization within 24 hours upon request by a humane
agent, animal control officer or law enforcement officer, including a game
warden |
Title 7 Section 3911
Dogs not to Run at Large - Back
to Top
It is unlawful for any dog, licensed or unlicensed, to
be at large, except when used for hunting. The owner or keeper of any dog
found at large is subject to the penalties provided in this chapter.
Title 7 Section 3912
Disposition of Dogs at Large _
Back to Top
| |
1. Ownership of dog
unknown. Except as provided in subsection 2, an animal control
officer or person acting in that capacity shall seize, impound or restrain a
dog found in violation of section 3911 and deliver it to an animal shelter
as provided for in section 3913, subsection 2-A. If ownership can not be
established, such a dog may be handled as a stray dog for the purpose of
acceptance by an animal shelter |
| |
2. Ownership of dog known. An animal control officer
or person acting in that capacity shall seize, impound or restrain a dog
found in violation of section 3911 and, if the owner is known, shall:
| |
| |
A. Take the dog to its owner; or
|
|
| |
| |
B. Deliver it to an animal shelter as provided in section 3913. An
animal shelter receiving a dog in accordance with this paragraph
shall follow the procedure for stray dogs provided in section 3913. |
|
|
Title 7 Section 3913
Procedure for Stray Dogs -
Back to Top
|
|
1. Persons finding stray
dogs. A person finding a stray dog and taking control of that
dog shall take that dog to its owner if known or, if the owner is not known,
to the animal shelter designated by the municipality in which the dog was
found. |
| |
2-A. Animal shelter. An animal shelter, as
defined in section 3907, to which a stray dog is taken shall accept the dog
for a period of 6 days unless the shelter is in quarantine or has a bona
fide lack of adequate space. The acceptance entitles the animal shelter to
receive from the department the sum of $4 a day for the period for which
food and shelter are furnished to the dog. An animal shelter may refuse to
accept dogs from municipalities not contracting with that animal shelter.
|
| |
3. Claims; fees. The procedure for filing claims and
calculating fees is as follows.
| |
| |
A. On the business day next following the date of acceptance of a
dog that is not delivered by an animal control officer or person
acting in that capacity, the animal shelter shall notify the animal
control officer or person acting in that capacity of the respective
municipality of the acceptance of the dog, its description and the
circumstances of its finding.
|
|
| |
| |
B. An animal shelter that accepts a dog under this section, within
45 days of acceptance of the dog, shall submit a claim on a
department-approved form to the department for fees incurred in
providing food and shelter and the animal shelter shall forward a
copy of the claim to the clerk of the respective municipality.
|
|
| |
| |
C. If the owner claims the dog within the 6-day period, the owner
may have and receive the dog upon payment of all department-approved
fees as provided in subsection 2-A, the municipal impoundment fee
and actual fees incurred for food, shelter, veterinary care and any
other fees required by this chapter for each day that the dog has
been sheltered, provided that the dog is licensed in accordance with
chapter 721. |
|
|
| |
4. Ownership of dog. Upon expiration of the 6-day period,
ownership of the dog is vested in the animal shelter. The animal shelter may
then:
| |
| |
A. Sell or give away the dog, but not to a
research facility, if a license is first obtained in accordance with
chapter 721; or |
|
| |
| |
B. Otherwise dispose of the dog humanely in accordance with Title
17, chapter 42, subchapter IV. Except as provided in this section,
an animal shelter must hold a dog at least 8 days before
euthanasia. |
|
Notwithstanding
this subsection, ownership of a dog for the purposes of adoption is
immediately vested in an animal shelter if the animal shelter makes a
determination
that the dog is obviously abandoned. An obviously abandoned dog does not
include a dog roaming at large.
An animal
shelter shall establish and collect fees for reclaimed or adopted animals to
offset costs of keeping a dog beyond 6 days.
None of
the proceeds obtained from the sale, donation, adoption or other disposition
of the dog may be deducted from the fee claimed.
Notwithstanding subsection 3, paragraph C, the previous owner may reacquire
the dog at any time prior to its sale, donation or disposal upon payment
of the municipal
impoundment fee and actual fees incurred for food, shelter, veterinary care
and any other fees required by this chapter for each day that
the dog has been
sheltered. In this case, no fee may be allowed by the department.
|
| |
5. Euthanasia for sick or injured dogs. |
| |
6. Euthanasia for severely sick, severely injured or
extremely vicious dog. A humane agent, an animal control
officer or an animal shelter within the State may authorize in writing
immediate euthanasia of a severely sick, severely injured or extremely
vicious dog upon determining that the following conditions are met:
| |
| |
A. The clerk or animal control officer of the municipality where the
dog was found has been notified of the dog's presence and the owner
of the dog, if known, has been notified; and
|
|
| |
| |
B. [1997, c. 690, §11 (rp).] |
|
| |
| |
C. A veterinarian states in writing that the dog's recovery from its
injury or illness, given reasonable time and reasonable care, is
doubtful or that the dog presents a danger to the public. |
|
Notwithstanding paragraphs A to C, a veterinarian may authorize immediate
euthanasia if, in the veterinarian's judgment, there is no possibility of
recovery for a
severely
injured or sick animal. |
| |
7. Immunity from civil liability.
A veterinarian, a humane agent, an animal control officer or an animal
shelter is not civilly liable to any party for authorization made in
accordance with subsection 6 nor is any person performing euthanasia under
that authorization. |
Title 7 Section 3952
Keeping a dangerous dog -
Back to Top
A person who owns or keeps a dangerous dog commits a
civil violation for which the court shall adjudge a fine of not less than $250
and not more than $1,000, plus costs, none of which may be suspended.
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.
Upon investigation of the complaint, the
sheriff, local law enforcement officer or animal control officer may issue a
civil violation summons for keeping a dangerous dog.
If, upon hearing, the court finds that the dog
is a dangerous dog as defined in section 3907, subsection 12-D, the court
may impose a civil forfeiture and shall:
| |
| |
A. Order the dog muzzled, restrained,
confined to the premises of its owner or keeper or confined in a
secure enclosure. The court may set standards for that enclosure;
or |
|
| |
| |
B. Order the dog to be euthanatized if it has killed, maimed or
inflicted serious bodily injury upon a person or has a history of a
prior assault.
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. |
|
|
|
|
| |
2. Failure to abide by court order. If the court
order in subsection 1, paragraph B, is not complied with within the time set
by the court, the court may, upon application by the complainant or other
person, issue a warrant to the county sheriff or any of the sheriff's
deputies or to a police officer or constable in the municipality where the
dog is found, commanding the officer to kill the dog immediately and make a
return of the warrant to the court within 14 days from the date of the
warrant.
The owner or keeper must be ordered to pay all
costs of supplementary proceedings and all reasonable costs for seizure and
euthanasia of the dog. |
| |
3. Dogs presenting immediate threat to public.
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.
|
| |
4. Court action; ex parte.
[1999, c. 350, §2 (rp).] |
| |
4-A. Ex parte. An order may be entered ex parte upon
findings by the court or justice of the peace when:
| |
| |
A. The dog has inflicted a serious bodily injury as defined in Title
17-A, section 2, subsection 23; or
|
|
| |
| |
B. There is a reasonable likelihood that the dog is dangerous or
vicious and:
| |
(1) Its owner has failed to muzzle, restrain or confine the dog;
and |
| |
(2) That failure poses an immediate threat of harm to the
public. |
|
|
|
| |
4-B. Modify order. An order may be modified by the
court.
| |
| |
A. Upon 2 days' notice or a shorter period the court may prescribe,
the owner whose animal has been possessed pursuant to an ex parte
order may appear in the District Court or Superior Court and move
the dissolution or modification of the ex parte order.
|
|
| |
| |
B. The court shall hear and determine the motion as expeditiously as
possible. |
|
| |
| |
C. The owner shall submit an affidavit setting forth specific facts
to substantiate the modification or dissolution of the order. The
applicant has the burden of presenting evidence to substantiate the
original findings. |
|
|
| |
5. Lien. Any person taking possession of a dog
as provided in this section has a lien on that dog in accordance with Title
17, section 1021, subsection 6.
|
| |
6. Treble damages. If a dog whose owner or keeper
refuses or neglects to comply with the order wounds any person by a sudden
assault or wounds or kills any domestic animal, the owner or keeper shall
pay the person injured treble damages and costs to be recovered by a civil
action. |
| |
7. Class D crime. If the owner refuses or neglects
to comply with an order issued under subsection 1 or 4-A, the owner commits
a Class D crime. |
Title 7 section 3961
Reimbursement for Damage done by Dogs -
Back to Top
| 1. Injuries and damages by animal.
When an animal damages a person or that person's property due to negligence
of the animal's owner or keeper, the owner or keeper of that animal is
liable in a civil action to the person injured for the amount of damage done
if the damage was not occasioned through the fault of the person injured. |
2. Injuries by dog. Notwithstanding subsection 1,
when a dog injures a person who is not on the owner's or keeper's premises
at the time of the injury, the owner or keeper of the dog is liable in a
civil action to the person injured for the amount of the damages. Any fault
on the part of the person injured may not reduce the damages recovered for
physical injury to that person unless the court determines that the fault of
the person injured exceeded the fault of the dog's keeper or owner.
|
Title 7 Section 3962-A
Penalty for Damage to Livestock or Pets by Dogs -
Back to Top
| 1. Violation. Except as
provided in subsection 3, the owner or keeper of an animal that due to
negligence of the animal's owner or keeper kills or injures livestock,
poultry, domestic rabbits or pets commits a civil violation for which a
forfeiture not to exceed $100 may be adjudged in addition to costs.
|
2. Additional remedy. A person who suffers damage
as a result of a violation of subsection 1 may also pursue a civil action
against the owner or keeper of the animal pursuant to section 3961.
|
3. Exception. If the owner or keeper of an animal
that kills or injures another animal establishes that the animal that was
killed or injured provoked the killing or injury or that the animal that
committed the killing or injury was leashed or controlled on the owner's or
keeper's property at the time of the killing or injury, then the owner or
keeper is not liable under this section or section 3961.
|
Title 7 Section 4011
Cruelty to animals -
Back to Top
1. Cruelty to animals.
Except as provided in subsection 1-A, a person, including an owner or the
owner's agent, is guilty of cruelty to animals if that person:
| |
| |
A. Kills or attempts to kill any animal belonging to another person
without the consent of the owner or without legal privilege;
|
|
| |
| |
B. Except for a licensed veterinarian or a person certified under
Title 17, section 1042, kills or attempts to kill an animal by a
method that does not cause instantaneous death;
|
|
| |
| |
C. Is a licensed veterinarian or a person certified under Title 17,
section 1042 and that person kills or attempts to kill an animal by
a method that does not conform to standards adopted by a national
association of licensed veterinarians;
|
|
| |
| |
D. Injures, overworks, tortures, torments, abandons or cruelly beats
or intentionally mutilates an animal; gives drugs to an animal with
an intent to harm the animal; gives poison or alcohol to an animal;
or exposes a poison with intent that it be taken by an animal. The
owner or occupant of property is privileged to use reasonable force
to eject a trespassing animal; |
|
| |
| |
E. Deprives an animal that the person owns or possesses of necessary
sustenance, necessary medical attention, proper shelter, protection
from the weather or humanely clean conditions;
|
|
| |
| |
F. Keeps or leaves a domestic animal on an uninhabited or barren
island lying off the coast of the State during the month of
December, January, February or March without providing necessary
sustenance and proper shelter;
|
|
| |
| |
G. Hunts, traps or sells for the purpose of hunting any animal,
except as permitted pursuant to chapter 202-A and Title 12, Part
13; |
|
| |
| |
H. Injects, inserts or causes ingestion of any substance used solely
to enhance the performance of an animal by altering the animal's
metabolism to that animal's detriment, including but not limited to
excessive levels of sodium bicarbonate in equines used for
competition; or |
|
| |
| |
I. Kills or tortures an animal to frighten or intimidate a person or
forces a person to injure or kill an animal.
|
|
|
| |
1-A. Animal cruelty. Except as provided in
paragraphs A and B, a person is guilty of cruelty to animals if that person
kills or attempts to kill a cat or dog.
| |
| |
A. A licensed veterinarian or a person certified under Title 17,
section 1042 may kill a cat or dog according to the methods of
euthanasia under Title 17, chapter 42, subchapter IV.
|
|
| |
| |
B. A person who owns a cat or dog, or the owner's agent, may kill
that owner's cat or dog by shooting with a firearm provided the
following conditions are met.
| |
(1) The shooting is performed by a person 18 years of age or
older using a weapon and ammunition of suitable caliber and
other characteristics to produce instantaneous death by a single
shot. |
| |
(2) Death is instantaneous. |
| |
(3) Maximum precaution is taken to protect the general public,
employees and other animals. |
| |
(4) Any restraint of the cat or dog during the shooting does not
cause undue suffering to the cat or dog. |
|
|
|
| |
2. Affirmative defenses.
It is an affirmative defense to this section that:
| |
| |
A. The conduct was performed by a licensed veterinarian or was a
part of scientific research governed by accepted standards;
|
|
| |
| |
B. The conduct was designed to control or eliminate rodents, ants or
other common pests on the defendant's own property; or
|
|
| |
| |
C. The conduct involved the use of live animals as bait or in the
training of other animals in accordance with the laws of the
Department of Inland Fisheries and Wildlife, Title 12, Part 13. |
|
Evidence of proper care of any animal shall not be admissible in the defense
of alleged cruelty to other animals. |
Title 7 § 4012
Cruelty to birds -
Back to Top
1. Cruelty to birds. A
person is guilty of cruelty to birds if that person:
| |
| |
A. Keeps or uses any live pigeon, fowl or other bird for a target or
to be shot at, either for amusement or as a test of skill in
marksmanship; |
|
| |
| |
B. Shoots at any bird or is present as a party, umpire or judge at a
shooting; or |
|
| |
| |
C. Rents any building, shed, room, yard, field or premises or
knowingly allows the use of the same for the purposes of paragraphs
A and B. |
|
2. Construction. This
section may not be construed to prohibit the shooting of wild game in its
wild state or the shooting of birds at field trials under the supervision of
the Department of Inland Fisheries and Wildlife in accordance with Title 12,
chapter 915, subchapter 13. |
3. Affirmative defense. It is
an affirmative defense to this section that the conduct involved the use of
live animals in the training of other animals in accordance with the laws of
the Department of Inland Fisheries and Wildlife, Title 12, Part 13.
|
Title 7 Section 4041
Animal trespass -
Back to Top
| 1. Definitions.
[1999, c. 254, §15 (rp).] |
| |
1-A. Trespass. An owner of an animal may not allow
that animal to enter onto the property of another after the owner has been
warned by a law enforcement officer or animal control officer that that
animal was found on the property of another.
|
| |
2. Removal. The owner or keeper of an animal is
responsible, at the owner's or keeper's expense, for removing any animal
found trespassing. An animal control officer or law enforcement officer may,
at the owner's or keeper's expense, remove and control an animal found
trespassing if:
| |
| |
A. The owner or keeper fails to remove the animal after having been
notified by an animal control officer or law enforcement officer
that the animal was trespassing; or
|
|
| |
| |
B. The animal is an immediate danger to itself, persons or another's
property. |
|
3. Civil violation. A
person commits a civil violation if an animal owned or kept by that person
is found trespassing and: |
| |
| |
| |
A. That person fails to remove the animal within 12 hours after
having been personally notified by an animal control officer or law
enforcement officer that the animal was trespassing.
|
|
| |
| |
B. [1999, c. 254, §15 (rp).] |
|
4. Forfeiture. A
forfeiture of not less than $50 nor more than $500 must be adjudged for a
civil violation under subsection 3. In addition, 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 owner against the offender
based on the same facts. |
| |
5. Exemption. A person is not liable under this
section if, at the time of the alleged trespass, that person was licensed or
privileged to allow the animal to be on the property. |
| |
6. Definition. For purposes of this section, the
term "animal" does not include cats |
Title 7 Section 3916
Rabies Vaccinations Required for Cats -
Back to Top
| 1. Required for cats.
Except as provided in subsection 4, an owner or keeper of a cat over 3
months of age must have that cat vaccinated against rabies. Rabies vaccine
must be administered by a licensed veterinarian or under the supervision of
a licensed veterinarian. Upon receiving an initial vaccination, a cat is
considered protected for one year and an owner or keeper of that cat must
get a booster vaccination for that cat one year after the initial
vaccination and subsequent booster vaccinations at intervals that do not
exceed the intervals recommended by a national association of state public
health veterinarians for the type of vaccine administered.
|
2. Certificate. A licensed
veterinarian who vaccinates or supervises the vaccination of a cat shall
issue to the owner or keeper a certificate of rabies vaccination approved by
the State and shall indicate on the certificate the date by which a booster
vaccination is required pursuant to subsection 1. |
3. Enforcement. A humane
agent, an animal control officer or a law enforcement officer may ask an
owner or keeper of a cat to present proof of a certificate of rabies
vaccination from the State. |
4. Exception. Notwithstanding any provision of this
chapter, an animal shelter operated by a nonprofit organization is not
required to vaccinate an abandoned or stray cat received by the shelter.
An owner or keeper of a cat is exempt from the
requirements of subsection 1 if a medical reason exists that precludes the
vaccination of the cat. To qualify for this exemption, the owner or keeper
must have a written statement signed by a licensed veterinarian that
includes a description of the cat and the medical reason that precludes the
vaccinat |
Back to Top
On the Web Since
March 07, 2002. Copyright ©2002 Windham Police Department.
