| | | 2. Trapping near occupied dwelling without written consent. | | A person may not trap any wild animal within 200 yards of an | | occupied dwelling without first obtaining the written consent of | | the owner or occupant of the land on which the trap is to be set. | | The provisions of this subsection do not apply to beaver trapping | | or trapping with drowning sets on state-owned land or public | | rights-of-way. |
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| | | A person who violates this subsection commits a Class E crime. |
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| | | 3. Trapping near compact, built-up portion of city or | | village. A person may not trap outside that person's land within | | 1/2 mile of the compact, built-up portion of a city or village, | | except: |
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| | | A. A person may trap within 1/2 mile of the built-up | | portion of a city or village with drowning sets; and |
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| | | B. A person who has a written permit from the landowner may | | trap on that landowner's land with cage-type live traps | | within 1/2 mile of the built-up portion of a city or | | village. |
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| | A person who violates this subsection commits a civil violation | for which a forfeiture of not less than $100 nor more than $500 | may be adjudged. |
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| | | 3-A. Penalties.__The following penalties apply to violations | | of subsection 3. |
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| | | A.__A person who violates subsection 3 commits a civil | | violation for which a fine of not less than $100 nor more | | than $500 may be adjudged. |
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| | | B.__A person who violates subsection 3 after having been | | adjudicated as having committed 3 or more civil violations | | under this Part within the previous 5-year period commits a | | Class E crime. |
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| | | 4. Proof of ownership of land. Before any prosecution is | | made under subsection 1 or 2, the landowner or occupant shall | prove | | ownership or that occupant's occupancy of the land in question. |
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| | | 5. Permission to trap on land of another. This section may | does not be construed to | | or tend traps on property that is owned by another person. |
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| | | Sec. 221. 12 MRSA §12254, as enacted by PL 2003, c. 414, Pt. A, §2 | | and affected by Pt. D, §7, is repealed and the following enacted | | in its place: |
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