Sec. 1. 7 MRSA §3952, sub-§1, as amended by PL 1997, c. 690, §35, is further amended to read:

1. Procedure. Any person, or if a minor, the minor's parent or guardian, who is assaulted by a dog without provocation or any person witnessing an unprovoked assault against a person or domesticated animal, within 10 days of the assault, may make written complaint to the sheriff, local law enforcement officer or, animal control officer or district attorney that the dog is dangerous or vicious.

The sheriff, local law enforcement officer or, animal control officer or district attorney may file the complaint in District Court or Superior Court.

If, upon hearing, the court is satisfied that an assault on a person or a domesticated animal has taken place, the court shall:

A. Order the dog muzzled, restrained or confined to the premises of its owner or keeper; 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 owner or keeper who keeps a dog in violation of this section commits a civil violation for which a forfeiture not to exceed $100, plus costs, may be adjudged.

Sec. 2. 7 MRSA §3952, sub-§4, as amended by PL 1987, c. 736, §6, is repealed and the following enacted in its place:

4.__Court action; ex parte.__An order may be entered ex parte upon findings by the court or justice of the peace when:

A.__There is a reasonable likelihood that the dog is dangerous or vicious;

B.__It's owner has failed to muzzle, restrain or confine the dog and that failure poses an immediate threat of harm to the public; and

C.__The dog has inflicted a serious bodily injury as defined in Title 17-A, section 2, subsection 23.

Sec. 3. 7 MRSA §3952, sub-§4-A is enacted to read:

4-A.__Modify order.__An order may be modified by the court.