| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 7 MRSA §3907, sub-§1-A, as amended by PL 1993, c. 657, §1, | is repealed. |
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| | Sec. 2. 7 MRSA §3907, sub-§1-B is enacted to read: |
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| | 1-B.__Abandoned animal.__"Abandoned animal" means an animal | that has been deserted by its owner or keeper and left in or | on a private or public place without food, water, shelter or | medical attention. |
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| | Sec. 3. 7 MRSA §3913, sub-§4, as amended by PL 1997, c. 690, §11, is | further amended to read: |
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| | 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: |
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| 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 |
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| 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. |
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| 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. |
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| An animal shelter shall establish and collect fees for | reclaimed or adopted animals to offset costs of keeping a dog | beyond 6 days. |
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| None of the proceeds obtained from the sale, donation, | adoption or other disposition of the dog may be deducted from | the fee claimed. |
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| 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. |
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| | Sec. 4. 7 MRSA §3913, sub-§§6 and 7, as amended by PL 1997, c. 690, | §11, are repealed. |
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