Chapter 170
S.P. 124 - L.D. 380
An Act To Protect the Public from Dangerous Dogs
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the public safety is threatened by the failure of dog owners to properly confine dangerous dogs; and
Whereas, statutory changes are needed to better protect the public; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3952, sub-§1, as amended by PL 2001, c. 399, §5, is further amended to read:
1. Procedure.
Any person who is assaulted or threatened with imminent bodily injury by a dog or any person witnessing an assault or threatened assault against a person or domesticated animal or a person with knowledge of an assault or threatened assault against a minor, within 30 days of the assault or threatened assault, may make written complaint to the sheriff, local law enforcement officer or animal control officer that the dog is a dangerous dog. For the purposes of this chapter, “domesticated animal” includes, but is not limited to, livestock as defined in section 3907, subsection 18-A.Upon investigation of the complaint, the sheriff, local law enforcement officer or animal control officer may issue a civil violation summons for keeping a dangerous dog.
If, upon hearing, the court finds that the dog is a dangerous dog as defined in section 3907, subsection 12-D, the court may impose a civil forfeiture fine and shall:
A. Order the dog muzzled, restrained, confined to the premises of its owner or keeper or confined in a secure enclosure except as provided in subsection 8. The court may set standards for that enclosure For the purposes of this paragraph, "secure enclosure" means a fence or structure of at least 6 feet in height forming or making an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering the dangerous dog. The secure enclosure must be locked, be designed with secure top, bottom and sides and be designed to prevent the animal from escaping from the 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 court may order restitution in accordance with Title 17-A, chapter 54 for any damages inflicted upon a person or a person's property.
Sec. 2. 7 MRSA §3952, sub-§1-A is enacted to read:
1-A. Identification and confinement of dogs.
In addition to orders imposed under subsection 1, the court may order that the owner or keeper of a dangerous dog: A. Provide the animal control officer in the municipality where the dangerous dog is kept with photographs and descriptions of dogs kept by that owner or keeper including the sex, breed, age and identifying markings of each dog;
B. Have dogs kept by that owner or keeper permanently identified by tattooing, microchip placement or other means directed by the court; or
C. Confine other dogs kept on the owner's or keeper's premises as provided in subsection 1, paragraph A and subsection 8.
Sec. 3. 7 MRSA §3952, sub-§7, as enacted by PL 1999, c. 350, §2, is amended to read:
7. Class D crime.
If the owner refuses or neglects to comply with an order issued under subsection 1 , 1-A or 4-A, the owner commits a Class D crime. The court, as part of the judgment, may prohibit a person convicted under this subsection from owning or possessing a dog or having a dog on that person's premises for a period of time. The prohibition may be permanent.
Sec. 4. 7 MRSA §3952, sub-§8 is enacted to read:
8. Restriction of movement outside of a secure enclosure.
An owner or keeper of a dog confined to a secure enclosure by a court under subsection 1 or 1-A may not allow the dog outside of the secure enclosure unless: A. It is necessary to obtain veterinary care for the dog or to comply with orders of the court; and
B. The dog is securely muzzled, restrained by a tether not more than 3 feet in length with a minimum tensile strength of 300 pounds and under the direct control of the dog's owner or keeper.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
Effective May 25, 2007.