CHAPTER 422
H.P. 1036 - L.D. 1473
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3909, sub-§1, as enacted by PL 1997, c. 456, §3, is amended to read:
1. Attorney General and District Attorneys. Whenever a person has engaged in or is about to engage in an act or practice that constitutes a violation of this Act Part, a rule adopted pursuant to this Act Part or a condition of an order, license or permit approved or decision issued by the commissioner pursuant to this Act Part, or that constitutes a violation of chapter 739 or Title 17, chapter 42, the Attorney General or a District Attorney, at the request of the commissioner, may institute proceedings before the District Court or Superior Court for an order enjoining those acts or practices, an order directing compliance or imposing a civil or criminal penalty, or any combination of these actions, as provided by law. Upon a showing by the commissioner that the person has engaged or is about to engage in such an act or practice, the court may grant a permanent or temporary injunction, restraining order or other order as appropriate.
Sec. 2. 7 MRSA c. 720, as amended, is further amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 720
RABIES PREVENTION AND SHELTER PROVISIONS
Sec. 3. 7 MRSA §3916, sub-§1-A is enacted to read:
1-A. Required for dogs. A person owning or keeping a dog, except for a wolf hybrid, shall, within 30 days after the dog attains the age of 6 months, cause the dog to be immunized against rabies and shall have booster vaccinations administered periodically in accordance with rules adopted by the Commissioner of Health and Human Services under section 3922, subsection 3.
Sec. 4. 7 MRSA §3916, sub-§2, as amended by PL 1997, c. 704, §4, is further amended to read:
2. Certificate. A licensed veterinarian who vaccinates or supervises the vaccination of a cat or dog shall issue to the owner or keeper a certificate of rabies vaccination approved by the State and shall indicate on the certificate the date by which a booster vaccination is required pursuant to subsection 1 or 1-A.
Sec. 5. 7 MRSA §3916, sub-§3, as amended by PL 1995, c. 490, §7, is further amended to read:
3. Enforcement. A humane agent, an animal control officer or a law enforcement officer may ask an owner or keeper of a cat or dog to present proof of a certificate of rabies vaccination from the State.
Sec. 6. 7 MRSA §3916, sub-§4, as amended by PL 1997, c. 704, §5, is further amended to read:
4. Exception. Notwithstanding any provision of this chapter, an animal shelter operated by a nonprofit organization is not required to vaccinate an abandoned or stray cat or dog received by the shelter.
An owner or keeper of a cat is exempt from the requirements of subsection 1 if a medical reason exists that precludes the vaccination of the cat. To qualify for this exemption, the owner or keeper must have a written statement signed by a licensed veterinarian that includes a description of the cat and the medical reason that precludes the vaccination.
Sec. 7. 7 MRSA §3923-C, sub-§6 is enacted to read:
6. Late fees. A late fee of $25 in addition to the annual fee must be paid by a person who fails to obtain a municipal kennel license by January 31st of each year as required in this section. The late fee must be deposited in the municipality's animal welfare account established pursuant to section 3945.
Sec. 8. 7 MRSA §3935, as amended by PL 1993, c. 657, §35, is further amended to read:
The department may not issue a license to maintain a boarding kennel, breeding kennel or pet shop to a person who, within the 5 years previous to the application for the license, has been convicted of a criminal violation under Title 17, chapter 42, or under a criminal law involving cruelty to animals that is no longer in effect, or within 2 years previous to the application for the license, has been adjudicated of a civil violation for cruelty to animals under chapter 739.
Sec. 9. 7 MRSA §3935-A is enacted to read:
A person maintaining a facility required to be licensed under this chapter shall pay a late fee equal to 50% of the required license fee if that person fails to renew a license within 30 days of that license's expiration date. The late fee must be deposited in the Animal Welfare Fund established in section 3906-B.
Sec. 10. 17 MRSA §1031, sub-§1, ¶D-2 is enacted to read:
D-2. Abandons an animal in violation of paragraph D and that animal dies as a result. Violation of this paragraph is a Class C crime;
Sec. 11. 17 MRSA §1038 is enacted to read:
§1038. Animals abandoned at animal care facilities
Abandoning an animal at a veterinarian's office, boarding kennel, animal grooming facility or animal day-care facility is a Class D crime.
1. Determination of abandonment. There is a rebuttable presumption of abandonment if an owner:
A. Places an animal in the custody of a licensed veterinarian for treatment, boarding or other care, or in a boarding kennel, animal grooming facility or animal day-care facility for services offered by that facility; and
B. Fails to claim the animal within 10 days after written notice is sent in accordance with subsection 2.
2. Notice requirement. Before any animal may be considered abandoned under this section, a veterinarian's office, boarding kennel, animal grooming facility or animal day-care facility shall send written notice, by registered or certified mail, return receipt requested, to the owner or keeper at the owner's or keeper's last known address. Proof of attempted delivery constitutes sufficient notice.
3. Ownership of abandoned animal. When an owner or keeper fails to claim an animal within 10 days of a notice being sent under subsection 2, the veterinarian, kennel, facility or individual who has custody and control of the animal is considered the owner of the animal and shall arrange for its care, including, but not limited to, its adoption, sale or placement with a licensed animal shelter.
4. Financial obligation. The disposal of an abandoned animal under this section does not relieve the owner or keeper of the animal of any financial obligation, including, but not limited to, costs incurred for veterinary treatment, boarding, grooming or other care.
5. Penalty. In addition to the penalties provided in Title 17-A for a Class D crime, the penalties in section 1031, subsection 3-B also apply.
Effective September 17, 2005.
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