CHAPTER 363
H.P. 1072 - L.D. 1435
An Act to Authorize Animal Shelters to Accept and Provide for Stray Cats
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3907, sub-§9-A is enacted to read:
9-A. Cat identification. "Cat identification" means:
A. A registered microchip used in conjunction with a visible collar and tag, with a faceted, reflective ear stud or a tipped or notched ear;
B. A collar or collar and tag worn by the cat that provides the current name, address and telephone number of the owner; or
C. A collar and tag providing the name and address of the animal shelter that issued the tag.
Sec. 2. 7 MRSA c. 720 is amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 720
RABIES PREVENTION AND SHELTER PROVISIONS FOR CATS
Sec. 3. 7 MRSA §§3919 and 3919-A are enacted to read:
1. Definition. For the purposes of this chapter, a "stray cat" means a cat on the premises of a person other than the owner of the cat, without the consent of the owner or occupant of the premises, on a public street or on other public property, except under the physical control of the owner.
2. Seizure by animal control officer. An animal control officer or person acting in that capacity may seize a stray cat and deliver it to an animal shelter as provided for in section 3919-A or to the owner, if the owner is known. If ownership can not be established, such a cat may be handled as a homeless cat for the purpose of acceptance and disposition by an animal shelter.
3. Person finding stray cat. A person finding a stray cat and not knowing the owner or residence of the cat may take that cat to the animal shelter designated by the municipality in which the cat was found.
§3919-A. Procedure for acceptance and disposition of stray cats by animal shelter
An animal shelter to which a cat is taken may accept the cat unless the shelter is in quarantine. An animal shelter accepting a cat shall comply with the provisions of this section.
1. Cats with identification. An animal shelter that accepts a cat with cat identification shall make a reasonable attempt to notify the owner by telephone or by sending a written notice within 24 hours of accepting the cat. Except as provided in subsections 4 and 5, the animal shelter shall hold the cat for a period of 6 days beginning on and including the day of acceptance. If the owner claims the cat within the 6-day period, the animal shelter shall release the cat to the owner upon payment of any municipal impoundment fee and actual fees incurred for food, shelter and veterinary care. Upon expiration of the 6-day period, ownership of the cat is vested with the animal shelter and the animal shelter may then handle the cat as a homeless cat for disposition in accordance with subsection 2.
2. Homeless cats. When an animal shelter accepts a cat under section 3919 and that cat does not have cat identification, the animal shelter shall hold the cat for not less than 24 hours. After the 24-hour period, the animal shelter may treat the cat as a homeless cat and may:
A. Offer the cat for adoption, sell or give away the cat; or
B. Otherwise dispose of the cat humanely in accordance with Title 17, chapter 42, subchapter IV.
An animal shelter may not sell or give a cat to a research facility.
3. Owner's claim after 6-day period. An owner may reacquire a cat at any time prior to its disposition under subsection 2 upon payment of any municipal impoundment fee and actual fees incurred for food, shelter and veterinary care and any other reasonable fee imposed by the animal shelter.
4. Euthanasia for severely sick, severely injured or extremely vicious cat. A humane agent, an animal control officer or an animal shelter may authorize in writing the immediate euthanasia of a severely sick, severely injured or extremely vicious cat upon determining that the animal control officer of the municipality where the cat was found has been notified or, if the cat has cat identification, the owner of the cat has been notified.
5. Immunity. A veterinarian, a humane agent, an animal control officer or an animal shelter, including a person employed by an animal shelter, is not civilly liable to the owner of a cat for the loss of that cat resulting from actions taken in compliance with this section.
Nothing in this subsection grants to an animal shelter or person any immunity from liability arising from the gift, sale or other transference of a cat to a research facility in violation of subsection 2.
Effective September 21, 2001, unless otherwise indicated.
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