§3918. Violation

1.__Civil violation.__Any person who violates any section of this chapter except section 3916 commits a civil violation for which a forfeiture not to exceed $100 may be adjudged.

2.__Unlawful use of collar or tag.__Any person who removes a cat tag or who places a collar on any cat not described on the collar or for which the license is not issued commits a civil violation for which a forfeiture of not more than $100 may be adjudged.

Sec. 8. 7 MRSA §§3919 and 3920 are enacted to read:

§3919. License required; issuance

A cat may not be kept within the limits of the State unless the cat has been licensed by its owner or keeper in accordance with the laws of the State.

1.__License; on or before January 1st.__Except for cats kept under a kennel license, each owner or keeper of a cat that is 6 months of age or older shall license the cat on or before January 1st of each year:

A.__In the clerk's office of the municipality where the cat is kept; or

B.__With the dog and cat recorder in the unorganized territory where the cat is kept or, in the absence of a duly authorized recorder, in the nearest municipality or unorganized territory with a recorder.

2.__License; after January 1st.__The owner or keeper shall obtain a license within 10 days of the conditions of paragraph A or B if, between January 1st and October 15th of any year:

A.__A cat reaches 6 months of age; or

B.__A person becomes the owner or keeper of a cat that is 6 months of age or older.

3.__Proof of immunization.__A municipal clerk may not issue a license for any cat until the applicant has filed with the clerk proof that the cat has been immunized against rabies in accordance with section 3916.

The commissioner shall adopt rules that allow the clerk and the board to accept valid proof of immunization against rabies provided by another state.

4.__Form of license.__The license must state the breed, sex, color and markings of the cat and the name and address of the owner or keeper.__The license must be issued in triplicate, and the original must be mailed to the board, a copy given to the owner or keeper and the remaining copy retained by the municipal clerk.

§3920. License and recording fees

1.__License and recording fees.__A fee of $2.50 must be paid to the municipal clerk for a license on a cat 6 months of age or older that is capable of producing young.__The municipal clerk shall pay all fees received for cats capable of producing young to the department for deposit in the Animal Welfare Fund.__A cat is considered capable of producing young unless:

A.__A veterinarian issues a written certificate stating that the veterinarian made the cat incapable of producing young by spaying if female or by sterilization if male;

B.__A veterinarian, upon examination, issues a written certificate that the cat is incapable of producing young; or

C.__By previous licensure, the owner has declared that the cat is incapable of producing young.

When that certificate or previous license accompanies the application, a fee of $1 must be paid for each license, of which 50__is retained by the municipality in accordance with section 3945 and 50__is paid to the department for deposit in the Animal Welfare Fund.

2.__Cat tags.__A suitable tag showing the year the license is issued and bearing other data the board prescribes must be given by the municipal clerk with each license and must be securely attached to a collar of leather, metal or material of comparable strength that must be worn at all times by the cat for which the license was issued, except when used in exhibitions. When the cat is in an exhibition, its owner or keeper shall produce proof of licensure within 24 hours upon request by a humane agent, animal control officer or law enforcement officer.

Sec. 9. 7 MRSA §3942, as amended by PL 1999, c. 254, §7, is further amended to read:

§3942. Issuance of dog and cat licenses

Municipal clerks shall issue dog and cat licenses in accordance with chapter 721, receive the license fees and pay to the department $6.50 for dogs capable of producing young and, $1 from each license fee received for dogs incapable of producing young, $2.50 from each license fee for cats capable of producing young and 50__from each license fee for cats incapable of producing young. The clerks shall keep a record of all licenses issued by them, with the names of the owners or keepers of dogs and cats licensed and the sex, registered numbers and description of all dogs and cats except those covered by a kennel license. The clerks shall make a monthly report to the department on a department-approved form of all dog and cat licenses issued and fees received.

The clerks shall retain $1 from each license fee received for dogs and 50__from each license fee received for cats incapable of producing young and use these fees in accordance with section 3945.

Sec. 10. 7 MRSA §3943, sub-§1, as amended by PL 1999, c. 136, §1, is further amended to read:

1. Procedure. Between February 1st and April 1st annually, the municipal officers of each municipality shall issue a warrant with the names and addresses of all owners or keepers of unlicensed dogs and cats to one or more police officers, constables, sheriffs or animal control officers, directing them to send a notice of violation to the last known address of the owners or keepers or call on the owners or keepers. The warrant must further direct that demand be made on the owners or keepers to obtain a license from the municipal clerk within 7 days from the date of demand and remit to the clerk the license and recording fees plus a late fee of $10 for each dog and cat that is licensed. Finally, the warrant must direct the police officer, constable, sheriff or animal control officer to enter summons and complaint as soon as possible for all owners or keepers so notified who fail to comply with the order.

Sec. 11. 7 MRSA §3943, sub-§3, ķA, as amended by PL 1995, c. 490, §13, is further amended to read:

A. The municipal clerk shall deposit the late fees collected from all dog and cat owners and keepers in a separate account pursuant to section 3945.

Sec. 12. 7 MRSA §3946, as amended by PL 1995, c. 490, §15, is further amended to read:

§3946. Dog and cat recorders in unorganized territories

Dog and cat recorders appointed by the commissioner in unorganized territories shall issue dog and cat licenses, receive the license fees and pay them to the department. The recorders shall keep the clerk's copy of all licenses issued by them and make reports to the department on a form approved by the department of all licenses issued and fees received. The recorders shall report following each month in which licenses are actually issued and fees are actually collected.

SUMMARY

This bill establishes a system to license cats that is modeled after the State's dog licensing laws. Cats capable of producing young are licensed for a $2.50 annual fee and cats incapable of producing young are licensed for a $1 annual fee. Municipalities are allowed to keep half of the licensing fee for cats incapable of producing young. Kennel owners are able to license cats in their care under a general kennel license.