CHAPTER 104
H.P. 339 - L.D. 461
An Act to Include Domestic Water Fowl in the Animal Trespass Statutes
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §4041, as amended by PL 1995, c. 351, §5, is further amended to read:
1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Animal control officer" or "law enforcement officer" means the animal control officer or law enforcement officer having jurisdiction over the area in which the livestock animal or domestic water fowl was found.
A-1. "Domestic water fowl" means domestic ducks, domestic geese and other domestic water fowl.
B. "Livestock animal" means dairy, feeding, beef or breeding cattle; horses; sheep; goats; donkeys; or swine.
C. "Trespass" means that a livestock animal or domestic water fowl of an owner or keeper has entered or been found on the property of another person.
2. Removal. The owner or keeper of a livestock animal or domestic water fowl shall be is responsible, at the owner's or keeper's expense, for removing any livestock animal or domestic water fowl found trespassing. An animal control officer or law enforcement officer may, at the owner's or keeper's expense, remove and control a livestock animal or domestic water fowl found trespassing if:
A. The owner or keeper fails to remove the livestock animal or domestic water fowl within 6 hours after having been notified by an animal control officer or law enforcement officer that a livestock animal or domestic water fowl owned or kept by the owner or keeper was trespassing; or
B. The livestock animal or domestic water fowl is an immediate danger to itself, persons or another's property.
3. Civil violation. A person commits a civil violation if a livestock animal or domestic water fowl owned or kept by that person is found trespassing and:
A. That person fails to remove the livestock animal or domestic water fowl within 6 hours after having been personally notified by an animal control officer or law enforcement officer that a livestock animal or domestic water fowl owned or kept by that person was trespassing; or
B. A livestock animal or domestic water fowl of that person had been found trespassing on a prior occasion within the 12 months immediately preceding the present trespass and the owner or keeper had, at that time, been notified by an animal control officer or law enforcement officer of that trespass.
4. Forfeiture. A forfeiture of not 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 livestock animal or domestic water fowl.
5. Exemption. A person shall is not be liable under this section if, at the time of the alleged trespass, that person was licensed or privileged to allow the livestock or domestic water fowl to be on the property.
See title page for effective date.
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