| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 7 MRSA §3952-A is enacted to read: |
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| §3952-A.__Complaints regarding potentially dangerous dogs |
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| | 1.__Filing of complaint.__A sheriff, local law enforcement | officer or animal control officer may file a complaint in | District Court alleging that a dog is a potentially dangerous dog | if the__sheriff, law enforcement officer or animal control | officer has reason to believe that the dog poses a threat of | serious injury to a person or has been trained, tormented or | encouraged to attack a person without provocation. |
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| | 2.__Court determination.__If, upon hearing, the court finds | that the dog does pose a threat of serious injury to a person or | has been trained, tormented or encouraged to attack a person | without provocation, the court shall declare the dog to be a | potentially dangerous dog and order the owner or keeper of the | dog to confine the dog in accordance with the requirements | established in subsection 3.__In making a determination, the | court may request that the dog be evaluated by a licensed | veterinarian or, upon recommendation of a licensed veterinarian, | by a licensed dog breeder or professional dog handler. |
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| | 3. Confinement of potentially dangerous dog.__The owner or | keeper of a dog determined by the court to be a potentially | dangerous dog in accordance with this section shall confine the | dog as provided in this subsection.__The owner or keeper shall: |
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| A.__Display in a conspicuous manner a sign on the premises | warning that a potentially dangerous dog is on the premises.__ | The sign must be visible and legible from a distance of 50 | feet from the enclosure required under paragraph B; |
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| B.__Except as provided in paragraph C, confine the dog to an | enclosure that has sound sides, top and bottom to prevent | the potentially dangerous dog from escaping by climbing, | jumping or digging.__The enclosure must be within a fence of | at least 6 feet in height and the fence must be at least 3 | feet from the enclosure.__The enclosure must be locked to | prevent entry by the general public and to preclude release | or escape of the dog; and |
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| C. If the dog is not in the enclosure, securely muzzle and | restrain the dog with a tether having a tensile strength | sufficient to prevent escape and of a length that restricts the | dog's movements to a radius of no more than 3 feet from |
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