H.P. 433 - L.D. 575
An Act to Provide for Increased Penalties and Enforcement Regarding Dangerous Dogs
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3907, sub-§12-D is enacted to read:
12-D. Dangerous dog. "Dangerous dog" means a dog that bites an individual who is not trespassing on the dog owner's or keeper's premises at the time of the bite or a dog that causes a reasonable and prudent person who is not on the dog owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear bodily harm by attacking or threatening to attack that individual or individual's domestic animal. "Dangerous dog" does not include a dog certified by the State and used for law enforcement use.
For the purposes of this definition, "dog owner's or keeper's premises" means the residence or residences, including buildings and land and motor vehicles, belonging to the owner or keeper of the dog.
Sec. 2. 7 MRSA §3952, as amended by PL 1997, c. 690, §§35 and 36, is further amended to read:
§3952. Keeping a dangerous dog
A person who owns or keeps a dangerous dog commits a civil violation for which a forfeiture of not more than $1,000, plus costs, may be adjudged.
1. Procedure. Any person who is assaulted by a dog without provocation or any person witnessing an unprovoked assault against a person or domesticated animal or a person with knowledge of an assault against a minor, within 10 30 days of the assault, may make written complaint to the sheriff, local law enforcement officer or animal control officer that the dog is a dangerous or vicious dog.
The Upon investigation of the complaint, the sheriff, local law enforcement officer or animal control officer may file the complaint in District Court or Superior Court issue a civil violation summons for keeping a dangerous dog.
If, upon hearing, the court is satisfied finds that an assault on a person or a domesticated animal has taken place the dog is a dangerous dog, the court may impose a civil forfeiture and shall:
A. Order the dog muzzled, restrained or, confined to the premises of its owner or keeper or confined in a secure enclosure. The court may set standards for that enclosure; 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.
2. Failure to abide by court order. If the court order in subsection 1, paragraph B, is not complied with within the time set by the court, the court may, upon application by the complainant or other person, issue a warrant to the county sheriff or any of his the sheriff's deputies or to a police officer or constable in the municipality where the dog is found, commanding the officer to kill the dog immediately and make a return of the warrant to the court within 14 days from the date of the warrant.
The owner or keeper shall must be ordered to pay all costs of supplementary proceedings and all reasonable costs for seizure and euthanasia of the dog.
3. Dogs presenting immediate threat to public. After filing of complaint in District Court or Superior Court issuing a summons and before hearing, if the dog poses an immediate or continuing threat to the public, the dog is subject to muzzling, restraint or confinement to its premises upon order of the a sheriff, local law enforcement officer or animal control officer who filed the complaint 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. Upon failure If the owner or keeper fails to comply, the sheriff, local law enforcement officer or animal control officer to whom complaint was made 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.
4. Court action; ex parte. An order may be entered ex parte upon findings by the court or justice of the peace that there is a reasonable likelihood that the dog is dangerous or vicious, its owner has failed to muzzle, restrain or confine it and that such failure poses an immediate threat of harm to the public.
A. Upon 2 days' notice or such shorter period as the court may prescribe, the owner whose animal has been possessed pursuant to an ex parte order may appear in the District Court or Superior Court and move the dissolution or modification of the ex parte order.
B. The court shall hear and determine such motion as expeditiously as justice requires.
C. The owner shall submit an affidavit setting forth specific facts to substantiate such findings as will serve to modify or dissolve the order. The applicant shall have the burden of presenting evidence to substantiate the original findings.
4-A. Ex parte. An order may be entered ex parte upon findings by the court or justice of the peace when:
A. The dog has inflicted a serious bodily injury as defined in Title 17-A, section 2, subsection 23; or
B. There is a reasonable likelihood that the dog is dangerous or vicious and:
(1) Its owner has failed to muzzle, restrain or confine the dog; and
(2) That failure poses an immediate threat of harm to the public.
4-B. Modify order. An order may be modified by the court.
A. Upon 2 days' notice or a shorter period the court may prescribe, the owner whose animal has been possessed pursuant to an ex parte order may appear in the District Court or Superior Court and move the dissolution or modification of the ex parte order.
B. The court shall hear and determine the motion as expeditiously as possible.
C. The owner shall submit an affidavit setting forth specific facts to substantiate the modification or dissolution of the order. The applicant has the burden of presenting evidence to substantiate the original findings.
5. Lien. Any person taking possession of a dog as provided in this section shall have has a lien on that dog in accordance with Title 17, section 1021, subsection 6.
6. Treble damages. If a dog, whose owner or keeper refuses or neglects to comply with the order, wounds any person by a sudden assault or wounds or kills any domestic animal, the owner or keeper shall pay the person injured treble damages and costs to be recovered by a civil action.
7. Class D crime. If the owner refuses or neglects to comply with an order issued under subsection 1 or 4-A, the owner commits a Class D crime.
Sec. 3. 22 MRSA §1313, sub-§1, as enacted by PL 1993, c. 468, §23, is amended to read:
1. Establishment of procedures. The commissioner, in consultation with the Commissioner of Agriculture, Food and Rural Resources and the Commissioner of Inland Fisheries and Wildlife shall adopt rules, in accordance with the Maine Administrative Procedure Act, establishing procedures for responding to a report of an animal suspected of having rabies. The procedures must include provisions for the transportation, quarantine, euthanasia and testing of an animal suspected of having rabies and, when that animal has bitten a person, provisions for the notification of the animal control officer in the locality where the bite occurred. The procedures may differ based on the perceived public health threat determined in part by consideration of the following factors:
A. Whether the animal is a domesticated animal for which a known effective vaccine exists and, if so, can the animal's vaccination status be verified; and
B. Whether the animal has bitten a person or exhibited other aggressive behavior.
Effective September 18, 1999, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
