S.P. 768 - L.D. 2069
An Act to Improve Public Health Protection Against Rabies Infection
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3907, sub-§30, as enacted by PL 1995, c. 409, §2, is repealed and the following enacted in its place:
30. Wolf hybrid. "Wolf hybrid" means a mammal that is the offspring of the reproduction between a species of wild canid or wild canid hybrid and a domestic dog or wild canid hybrid. "Wolf hybrid" includes a mammal that is represented by its owner to be a wolf hybrid, coyote hybrid, coy dog or any other kind of wild canid hybrid.
Sec. 2. 7 MRSA c. 720, first 2 lines, as enacted by PL 1991, c. 779, §26, is amended to read:
CHAPTER 720
RABIES PREVENTION FOR CATS
Sec. 3. 7 MRSA §3916, sub-§1, as amended by PL 1993, c. 468, §9, is further amended to read:
1. Required for cats. An Except as provided in subsection 4, an owner or keeper of a cat over 3 months of age shall 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 shall must get a booster vaccination for that cat one year after the initial vaccination and every 2 years thereafter 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.
Sec. 4. 7 MRSA §3916, sub-§2, as amended by PL 1995, c. 490, §7, is further amended to read:
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 from approved by the State and shall indicate on the certificate the date by which a booster vaccination is required pursuant to subsection 1.
Sec. 5. 7 MRSA §3916, sub-§4, as enacted by PL 1991, c. 779, §26, is amended to read:
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 vaccination.
Sec. 6. 7 MRSA §3918 is enacted to read:
A person who violates this chapter commits a civil violation for which a forfeiture of not more than $100 may be adjudged.
Sec. 7. 7 MRSA §3922, sub-§3, as amended by PL 1995, c. 409, §4, is further amended to read:
3. Proof of immunization. A 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 Human Services, except that the requirement of immunization may be waived by the clerk under conditions set forth by the Commissioner of 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.
Sec. 8. 7 MRSA §3922, sub-§3-A is enacted to read:
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.
Sec. 9. 7 MRSA §3922, sub-§5, as amended by PL 1995, c. 409, §4, is further amended to read:
5. Form of license. The license must state the breed, sex, color and markings of the dog or wolf hybrid, 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.
Sec. 10. 7 MRSA §3922, sub-§6 is enacted to read:
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.
Sec. 11. 22 MRSA §1313-A, first ¶, as enacted by PL 1993, c. 468, §23, is amended to read:
If an undomesticated animal or a domesticated ferret, domesticated wolf or domesticated wolf hybrid suspected of having rabies bites or otherwise exposes to rabies a person or a domestic animal, an animal control officer, a local health officer or a game warden may must immediately remove the undomesticated animal or wolf hybrid or cause the undomesticated animal or wolf hybrid to be removed and euthanized for testing. When in the judgment of the animal control officer, local health officer, game warden or law enforcement officer the animal poses an immediate threat to a person or domestic animal, the animal control officer, local health officer, game warden or law enforcement officer may immediately kill or order killed that animal without destroying the head. The Department of Inland Fisheries and Wildlife shall arrange for the transportation of the head to the State Health and Environmental Testing Laboratory; except that the animal control officer shall make the arrangements if the animal is a domesticated ferret, domesticated wolf or domesticated wolf hybrid.
Sec. 12. 22 MRSA §1313-B is enacted to read:
§1313-B. Civil violation, court authorization for removal and other remedies
1. Violation. A person who violates a rule established under this chapter commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged for each offense. In addition, the court may include an order of restitution as part of the sentencing for costs including removing, controlling and confining the animal.
2. Court authorization for removal. When home quarantine procedures, as described on the official notice of quarantine, have been violated, or in the case of a wolf hybrid, when the owner fails to bring the animal to a veterinarian for euthanasia and testing or to turn the animal over to authorities as required by rules established pursuant to this chapter, an animal control officer, person acting in that capacity or law enforcement officer may apply to the District Court or Superior Court for authorization to take possession of the animal for placement, at the owner's expense, in a veterinary hospital, boarding kennel or other suitable location for the remainder of the quarantine period or, in the case of a wolf hybrid, removal for euthanasia. At the end of the quarantine period for domestic animals, or if the animal shows signs of rabies, the person in possession of the animal must report to the court, and the court shall either dissolve the possession order or order the animal euthanized and tested for rabies.
3. Other remedies. In addition to filing a civil action to enforce this section:
A. The municipality may record a lien against the property of the owner or keeper of an animal if the person fails or refuses to comply with an order to confine or quarantine the animal;
B. The municipal officers or their designated agent, such as the animal control officer, shall serve written notice on the owner or keeper of the animal that specifies the action necessary to comply with the order and the time limit for compliance;
C. If the owner or keeper of the animal fails to comply within the time stated, the animal control officer must apply to District Court or Superior Court for an order to seize the animal and make arrangements for quarantine or euthanasia at the owner's or keeper's expense; and
D. If the owner or keeper of the animal fails to pay the costs of confinement or quarantine within 30 days after written demand from the municipal officers, the municipal assessors may file a record of lien against the property of the owner or keeper of the animal.
Effective June 30, 1998, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
