LD 702
pg. 4
Page 3 of 5 An Act To Amend the Animal Welfare Laws Page 5 of 5
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LR 541
Item 1

 
dog and the need to protect the general public from any harm
from the dog.

 
Sec. 10. 7 MRSA §3952, sub-§3, as amended by PL 1999, c. 350, §2, is
further amended to read:

 
3. Dogs presenting immediate threat to public; temporary
custody. After issuing a summons and before hearing
arraignment, if the dog poses an immediate or continuing
threat to the public, a sheriff, local law enforcement officer
or, animal control officer or humane agent 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 or humane
agent. If the owner or keeper fails to comply, the sheriff,
local law enforcement officer or, animal control officer or
humane agent 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.

 
Sec. 11. 7 MRSA §3952, sub-§3-A is enacted to read:

 
3-A.__Violation of order.__If the owner or keeper of the dog
refuses or neglects to comply with the order under subsection
3 that is issued by the sheriff, law enforcement officer,
animal control officer or humane agent, then the sheriff, law
enforcement officer, animal control officer or humane agent is
authorized to take temporary custody of the dog without a
court order and place the dog in a veterinary hospital or
licensed animal shelter for a period of 48 hours.__If after 48
hours the owner does not claim the dog from temporary custody,
the dog may be declared abandoned and the shelter is
authorized to dispose of the dog as provided in section 3913,
subsection 4.

 
A person found guilty of violating this subsection commits a
civil violation for which a fine of not less than $250 or no
more than $1,000 may be adjudged.

 
SUMMARY

 
This bill amends the animal welfare laws to add the
definition of "abandoned animal," to establish procedures for
municipalities regarding animal control and to provide for
notification procedures for owners or keepers of dangerous
dogs.

 
The bill also increases the minimum fine for certain civil
violations involving dog licenses and establishes a fine for
certain violations regarding owning or keeping a dangerous
dog.


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