B. The livestock animal or domestic water fowl is an immediate danger to itself, persons or another's property.

3. Civil violation. A person commits a civil violation if a livestock an animal or domestic water fowl owned or kept by that person is found trespassing and:

A. That person fails to remove the livestock animal or domestic water fowl within 12 hours after having been personally notified by an animal control officer or law enforcement officer that a livestock the animal or domestic water fowl owned or kept by that person was trespassing; or.

B. A livestock animal or domestic water fowl of that person had been found trespassing on a prior occasion within the 12 months immediately preceding the present trespass and the owner or keeper had, at that time, been notified by an animal control officer or law enforcement officer of that trespass.

4. Forfeiture. A forfeiture of not less than $200 nor more than $500 must be adjudged for a civil violation under subsection 3. In addition, the court may as part of the sentencing include an order of restitution for costs incurred in removing and controlling the livestock animal or domestic water fowl. When appropriate, the court may order restitution to the property owner based on damage done and financial loss. Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the owner against the offender based on the same facts.

5. Exemption. A person is not liable under this section if, at the time of the alleged trespass, that person was licensed or privileged to allow the livestock or domestic water fowl animal to be on the property.

Sec. 21. 17 MRSA c. 42, is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 42

ANIMAL WELFARE

Sec. 22. 17 MRSA §1011, sub-§1, as enacted by PL 1987, c. 383, §4, is amended to read: