Get your own Free Home PageMaine State Laws
Maine Revised Statutes
TITLE 7: AGRICULTURE AND ANIMALS
PART 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
CHAPTER 727: DANGEROUS DOGS (HEADING: PL 1987, c. 383, @3 (new))
§ 3951.
Killing for assault permitted
Any person may lawfully kill a dog if necessary to
protect that person, another person or
a domesticated animal during the course of a sudden, unprovoked
assault. [1997, c. 690, §34 (amd).]]
Section History: 1987, c. 383, § 3 (NEW). 1997, c. 690,
§ 34 (AMD).
§ 3952. Complaints regarding dangerous dogs
1. Procedure. Any person who is assaulted by a dog without provocation or any person
witnessing an unprovoked assault against a person or domesticated animal, within 10 days of the assault, may make written complaint to the sheriff, local law enforcement officer or animal control officer that the dog is dangerous or vicious.
The sheriff, local law enforcement officer or animal control officer may file the complaint in District Court or Superior Court. If, upon hearing, the court is satisfied that an assault on a person or a domesticated animal has taken place, the court shall:
A. Order the dog muzzled, restrained or confined to the premises of its owner or keeper; or [1987, c. 383, §3 (new).]]
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. [1997, c. 690, §35 (amd).]
The owner or keeper who keeps a dog in violation of this section commits a civil violation
for which a forfeiture not to exceed $100, plus costs, may be adjudged.
[1997, c. 690, §35 (amd).]2. Failure to abide by court order. If the court order in subsection 1, paragraph B, is not complied with within the time set by the court, the court may, upon application by the complainant or other person, issue a warrant to the county sheriff or any of his deputies or to a police officer or constable in the municipality where the dog is found, commanding the officer to kill the dog immediately and make a return of the warrant to the court within 14 days from the date of the warrant. The owner or keeper shall be ordered to pay all costs of supplementary proceedings and all reasonable costs for seizure and euthanasia of the dog.
[1987, c. 383, §3 (new).]3. Complaint for dogs presenting immediate threat to public. After filing of complaint in District Court or Superior Court and before hearing, if the dog poses an immediate threat to the public, the dog is subject to muzzling, restraint or confinement to its premises upon order of the sheriff, local law enforcement officer or animal control officer who filed the complaint. Upon failure to comply, the officer to whom complaint was made may apply to District Court, Superior Court or a justice of the peace for an ex parte order for authorization to take possession of the dog that poses an immediate threat to the public and turn the dog over to the applicant or other suitable person.
[1997, c. 690, §36 (amd).]4. Court action; ex parte. An order may be entered ex parte upon findings by the court or justice of the peace that there is a reasonable likelihood that the dog is dangerous or vicious, its owner has failed to muzzle, restrain or confine it and that such failure poses an immediate threat of harm to the public.
A. Upon 2 days' notice or such shorter period as the court may prescribe, the owner whose animal has been possessed pursuant to an ex parte order may appear in the District Court or Superior Court and move the dissolution or modification of the ex parte order. [1987, c. 383, §3 (new).]
B. The court shall hear and determine such motion as expeditiously as justice requires. [1987, c. 383, §3 (new).]
C. The owner shall submit an affidavit setting forth specific facts to substantiate such findings as will serve to modify or dissolve the order. The applicant shall have the burden of presenting evidence to substantiate the original findings. [1987, c. 383, §3 (new).]
[1987, c. 736, §6 (amd).]5. Lien. Any person taking possession of a dog as provided in this section shall have a lien on that dog in accordance with Title 17, section 1021, subsection 6.
[1987, c. 383, §3 (new).]6. Treble damages. If a dog, whose owner or keeper refuses or neglects to comply with the order, wounds any person by a sudden assault or wounds or kills any domestic animal, the owner or keeper shall pay the person injured treble damages and costs to be recovered by a civil action. [1987, c. 383, §3 (new).]
Section History: 1987, c. 383, § 3 (NEW). 1987, c. 736, § 6 (AMD). 1989, c. 212 (AMD). 1997, c. 690, § 35,36 (AMD).
§ 3953.
Stealing, injuring or killing dogs
Except as provided in section 3951 and Title 12,
sections 7504 and 7505, and unless the killing is justified to
protect persons or property, any person who steals, confines or
secretes, willfully or negligently injures or willfully or
negligently kills a dog is liable in damages to its owner in a
civil action. [1987, c. 383, §3 (new).]]
Section History: 1987, c. 383, § 3 (NEW). 1997, c. 690,
§ 37 (AMD).
Get your own Free Home Page