§ 4748. Dogs pursuing deer or moose
(a) A dog that has been found to hunt or pursue deer or moose and whose owner or keeper has had notice to that effect shall not run at large unaccompanied by the owner or keeper.

(b) A state fish and wildlife warden, deputy warden, sheriff, deputy sheriff, constable, police officer or state police may kill by shooting with firearms, dogs, whether licensed or unlicensed, when in such close pursuit as to endanger the life of a deer or moose or found in the act of wounding, maiming or killing deer or moose. Provisions of this section shall be subject to limitations set forth in section 4710 of this title. A warden or other person authorized under this subsection who does not kill a dog under the provisions of this subsection shall if possible, locate the owner or keeper of the dog and shall issue a warning that the dog was in violation of this section and each future violation shall result in the owner or keeper being fined not more than $200.00 nor less than $50.00.

(c) When a licensed dog is killed pursuant to subsection (b) above, the fish and wildlife warden, deputy fish and wildlife warden, sheriff, deputy sheriff, constable, police officer or state police shall forthwith report the same to the owner of said licensed dog.

(d) No person shall have a cause of action against any of the designated wardens, sheriff, deputy sheriff, constable, police officer or state police exercising the authority herein granted. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1969, No. 163 (Adj. Sess.), eff. Feb. 4, 1970; 1977, No. 132 (Adj. Sess.); 1979, No. 163 (Adj. Sess.); 1981, No. 63; 1995, No. 1, § 1.)

Title 20 internal Security and Public Safety
Part VIII Animals
CHAPTER 193: DOMESTIC PET OR WOLF-HYBRID CONTROL

Subchapter I. General Provisions

§ 3545. Right to kill domestic pets or wolf-hybrids generally

(a) A person may kill a domestic pet or wolf-hybrid that suddenly assaults him or her or when necessary to discontinue an attack upon the person or another person provided that the attack or assault does not occur while the domestic pet or wolf-hybrid is restrained, within an enclosure containing the domestic pet or wolf-hybrid, or on the premises of the owner.

(b) A domestic pet or wolf-hybrid found wounding, killing or worrying another domestic pet or wolf-hybrid, a domestic animal or fowl may be killed when the attendant circumstances are such that the killing is reasonably necessary to prevent injury to the animal or fowl which is the subject of the attack. (Amended 1977, No. 215 (Adj. Sess.), § 1, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 1, eff. Feb. 28, 1980; 1993, No. 213 (Adj. Sess.), § 3, eff. June 15, 1994.)

ARTICLE 2. KILLING UNLICENSED DOGS
Subchapter IV Damages by Dogs

§ 3741. Election of remedy
The owner of sheep, lambs or other domestic animals worried, maimed or killed by dogs may have his election to proceed against the town, or against the owner of such dogs under the provisions of this subchapter; but having signified his election by proceeding in either mode, he shall not have the other remedy.

§ 3742. Notice of damage; appraisal
A person who suffers loss by the worrying, maiming or killing of his sheep, lambs, fowls or other domestic animals, by dogs, within twenty-four hours after he learns of such damage, shall give notice thereof to one or more of the selectmen of the town wherein the damage was done, who shall proceed to the premises where the damage was done, and determine whether the same was inflicted by dogs, and, if so, appraise the amount thereof and return a certificate of such amount to the selectmen of such town; but if, in the opinion of the selectman, the amount of such damage exceeds $ 20.00, he shall appoint two disinterested persons, who, with the selectman, shall appraise the amount of such damage and return a certificate of the same to the selectmen of such town forthwith. Such appraisal shall be for the full value of all animals killed, not less than one-half value of all animals maimed and not less than fifty cents per head for any injury to the remainder of the flock over three months of age, caused by worrying.

§ 3743. Examination of certificate
Such selectmen shall forthwith examine such certificate and, when doubt exists, may summon the appraisers and all parties interested and make such examination as they deem proper. They shall issue an order upon the treasurer of the town in which the damage was done, for all or any part thereof, as justice requires.

§ 3745. Identification and killing of dogs
A selectman, when called upon to appraise damage done to sheep or other domestic animals by dogs, shall make inquiry and, if possible, identify dogs so killing, worrying or wounding such sheep or other domestic animals; and when such selectman has, to his satisfaction, identified such dogs, he shall issue his warrant to a constable or police officer, commanding him forthwith to kill such dog or dogs wherever found; and the officer shall receive for such service the fees prescribed by law for the killing of unlicensed dogs. The selectmen may offer a reward for the identification of such dogs. Such reward shall not exceed the sum of $5.00 and shall be paid by the town treasurer out of the moneys received under the provisions of this subchapter.

§ 3746. Action against town
Upon failure of the selectmen to perform the duties prescribed in sections 3742 and 3743 of this title, or the treasurer to make payment as prescribed by section 3543 of this title, the party suffering the loss may recover the same of such town in a civil action, with costs.

§ 3747. Action by town against owner of dogs
The town may bring a civil action against the owner or keeper of a dog involved in doing damage to sheep, lambs or other domestic animals, in such town, which damage the selectmen have ordered to be paid, to recover the full amount thereof to the use of such town.

§ 3748. Action by sheep owner against dog owner
If sheep are worried, wounded or killed by a dog, the owner or keeper of such dog, whether it is accustomed to worry, wound or kill sheep or not, shall pay to the owner of such sheep double the damages sustained, to be recovered in a civil action, with double costs. If the injury complained of is occasioned by two or more dogs acting jointly, belonging to different owners or keepers, the person injured may have a joint action against the different owners or keepers of such dogs, and recover joint damages and costs against all.

§ 3749. Bounty on dog killing or worrying sheep
Selectmen may offer a bounty of $5.00 for anyone killing a dog caught in the act of killing or worrying sheep.

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