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STATE OF MAINE


ANIMAL WELFARE LAWS
And
Regulations



PUBLISHED BY THE

ANIMAL WELFARE PROGRAM
Maine Department of Agriculture

Food and Rural Resources
Division of Animal Health & Industry

28 State House Station

Augusta, Maine 04333-0028

(207) 287-3846
Toll Free (In Maine Only) 1-877-269-9200


Revised September 2011

RESERVATION OF RIGHTS AND DISCLAIMER
All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication is current to the end of the 125th Legislature. It is a version that is presumed accurate but which has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.
Editors Notes:
Please note in the index of this issue that changes to the statutes are in bold in the index and they are also underlined in the body of the law book.

ANIMAL WELFARE LAWS

MAINE REVISED STATUTES ANNOTATED

TABLE OF CONTENTS
CIVIL LAWS - TITLE 7 - PART 9
CHAPTER 717 ANIMAL WELFARE ACT
7 § 3901 Animal Welfare Act 12

7 § 3902 Purposes 12

7 § 3906-B Powers and Duties of Commissioner 12

7 § 3906-C Animal Welfare Advisory Council 15



7 § 3907 Definitions 17

7 § 3909 Enforcement 24

7 § 3910-A Forfeitures and Surcharge 26

7 § 3910-B Companion Animal Sterilization Fund 26


CHAPTER 719 UNCONTROLLED DOGS
7 § 3911 Dogs at Large 28

7 § 3911-A Abandonment of Wolf Hybrid 28

7 § 3911-B Disposition of wolf hybrid at large 28

7 § 3912 Disposition of Dogs at Large 30

7 § 3913 Procedure for Stray Dogs 30

7 § 3914 Purchase and Sale of Animals 33

7 § 3915 Violation 33


CHAPTER 720 RABIES PREVENTION AND SHELTER PROVISIONS
7 § 3916 Rabies Vaccinations 34

7 § 3917 Antirabies Clinics 35

7 § 3918 Violation 35

7 § 3919 Seizure of Stray Cats 36

7 § 3919-A Procedure for Acceptance and Disposition of Stray Cats

By Animal Shelter 36



7 § 3919-B Disposition of Pet When Owner is Institutionalized 38

7 § 3919-C Animal Held Pending Court Decision 39

7 § 3919-D Temporary Animal Shelter 39
CHAPTER 721 DOG LICENSES
7 § 3921 License Necessary 41

7 § 3921-A Permanent Identification of Wolf Hybrids 41

7 § 3921-B Prohibition on keeping a wolf hybrid; exception 41

7 § 3922 Issuance of License 42

7 § 3923-A License and Recording Fees 44

7 § 3923-B Tags 46

7 § 3923-C Kennel License 46

7 § 3923-D Temporary Licenses 47

7 § 3923-E Monthly Report 48

7 § 3923-F Veterinarian/Animal Shelter Serving as Dog Licensing Agent 48

7 § 3923-G Internet Licensing Project 48

7 § 3924 Violation 49


CHAPTER 723 FACILITY LICENSES
7 § 3931-A Breeding Kennels 50

7 § 3931-B Wolf Hybrid Kennel 51

7 § 3932 Boarding Kennels 51

7 § 3932-A Animal Shelters 51

7 § 3933 Pet Shops 52

7 § 3935 License Prohibited 52

7 § 3935-A Late Fees 53

7 § 3936 Inspection and Quarantine 53

7 §3936-A Noncompliance; subsequent inspection required 54

7 § 3937 Investigation 54

7 § 3938 Violation 54

7 § 3938-A Minimum Age of Transfer for Cats and Dogs 55

7 § 3939 Dog Licenses 55

7 § 3939-A Spay: neuter of dogs and cats 55

7 § 3939-B Violations 56


CHAPTER 725 MUNICIPAL DUTIES
7 § 3941 Posting of Law 57

7 § 3942 Issuance of Dog Licenses 57

7 § 3943 Municipal Warrants (REPEALED) 57

7 § 3944 Issuance of Kennel Licenses 57

7 § 3945 Use of license Fees and Court Fines Retained By Municipalities 57

7 § 3946 Dog Recorders in Unorganized Territories 58

7 § 3947 Animal Control Officers 58

7 § 3948 Animal Control 59

7 § 3949 Animal Shelter Designation 59

7 § 3950 Local Regulations 59

7 § 3950-A Official Refusal or Neglect of Duty 60


CHAPTER 727 DANGEROUS DOGS
7 § 3951 Killing For Assault Permitted 61

7 § 3952 Keeping a Dangerous Dog 61

7 § 3953 Stealing, Injuring or Killing Dogs 64


CHAPTER 729 DAMAGE BY ANIMALS
7 § 3961 Reimbursement For Damage Done By Animals 65

7 § 3961-A Attack On Service Dog 65

7 § 3962-A Penalty For Damage to Livestock or Pets By Animals 65

7 § 3963 Joint and Several Liability 66


CHAPTER 730-A FERRETS
7 § 3970-A Sale and Importation of Juvenile Ferrets 67

7 § 3970-B Breeding and Sale of Small Mammals 67


CHAPTER 731 MISTREATMENT OF ANIMALS
7 § 3971 Vivisection Prohibited in Public and Private Schools 68

7 § 3972 Unlawful Use of Animals 69


CHAPTER 733 TRANSPORTATION OF ANIMALS
7 § 3981 Intrastate Transportation of Animals 71

7 § 3982 Liens 72

7 § 3983 Possession of Animals Unlawfully Detained 72

7 § 3984 Enforcement of Lien 72

7 § 3985 Immunity From Liability 72
CHAPTER 735 RESEARCH INSTITUTIONS
7 § 3991 Regulations of Research Institutions 73
CHAPTER 737 CALF AND PIG SCRAMBLES
7 § 4001 Regulations of Calf and Pig Scrambles 76
CHAPTER 739 CRUELTY TO ANIMALS
7 § 4011 Cruelty to Animals 77

7 § 4012 Cruelty to Birds 79

7 § 4013 Necessary Sustenance 79

7 § 4014 Necessary Medical Attention 80



7 § 4015 Proper Shelter, Protection From the Weather and Humanely

Clean Conditions 80

7 § 4016 Violation 83

7 § 4017 Rules 84

7 § 4018 Report of Suspected Cruelty 84



7 § 4019 Removal of animals from Unattended Motor Vehicle 84
CHAPTER 741 ANIMAL TRESPASS
7 § 4041 Animal Trespass 86
Chapter 743 Equine Activities
7 § 4101 Definitions 88

7 § 4103-A Liability For Equine Activities 91


Chapter 745 Sale Of Dogs And Cats
7 § 4151 Definitions 94

7 § 4152 Disclosure 94

7 § 4152-A Documents necessary for breed registration 96

7 § 4153 Sales Prohibited 96

7 § 4155 Rights Of Purchaser 97

7 § 4156 Responsibilities Of Purchaser 98

7 § 4157 Rights Of Seller 98

7 § 4158 Contest 99

7 § 4159 Posted Notice 99

7 § 4160 Notice Of Consumer Rights 99

7 § 4161 Limitation 100

7 § 4162 Additional Penalties 100

7 § 4163 Dog or Cat Vendor’s License 100


Title 12: CONSERVATION

Part 13: INLAND FISHERIES AND WILDLIFE HEADING
4. Search and rescue 102
§ 12160. Disposition of wolf hybrids 102
TITLE 16 - COURT PROCEDURE EVIDENCE - CHAPTER 3

SUBCHAPTER VIII CRIMINAL HISTORY INFORMATION ACT
16 § 614 Limitation on Release of Identifying Information; Cruelty

to Animals 103


TITLE 17 - CRIMES

CHAPTER 42
SUBCHAPTER I GENERAL PROVISIONS
17 § 1011 Definitions 107

17 § 1012 Unlawful Sale, Consignment or Rental of Diseased Horses 112

17 § 1013 Unlawful Production of Motion Pictures 112

17 § 1015 Surcharges Imposed 113


SUBCHAPTER II POSSESSION OF ANIMALS
17 § 1021 Possession of Animals 114

17 § 1022 Prevention of Cruelty 119

17 § 1023 Investigation and Reporting of Cruelty 119

17 § 1024 Impeding the Performance of an Officer 119

17 § 1025 Handling of Animals Seized or Held 119

17 § 1026 Penalty for Violation 120

17 § 1027 Security for seizure and impoundment of animals relating to cruelty to animals or animal fighting 120
SUBCHAPTER III CRUELTY TO ANIMALS
17 § 1031 Cruelty to Animals 123

17 § 1032 Cruelty to Birds 129

17 § 1033 Animal Fighting 131

17 § 1034 Application for Search Warrant 132

17 § 1035 Necessary Sustenance 132

17 § 1036 Necessary Medical Attention 132



17 § 1037 Proper Shelter; Protection from the Weather and Humanely

Clean Conditions 132

17 § 1037-A Affirmative Defense 135

17 § 1038 Animal Abandoned at Animal Care Facilities 135
SUBCHAPTER IV EUTHANASIA OF CATS AND DOGS
17 § 1041 Euthanasia By Prescribed Methods 137
17 § 1042 Euthanasia performed By Licensed Veterinarian

or Certified Person 137

17 § 1043 Emergency Methods 138

17 § 1044 Tranquilizing Cats and Dogs 138

17 § 1045 Inspection 138

17 § 1046 Penalty for Violation 138


Title 17: CRIMES

CHAPTER 47 – DISCRIMINATION

SUBCHAPTER II: MODEL WHITE CANE LAW
17 § 1312 Rights 139

17 § 1313 Motor Vehicle Drivers 141

17 § 1314 Penalties 141

17 § 1314-A Misrepresentation of a Service Dog 142
Title 17-A: MAINE CRIMINAL CODE

Part 2: SUBSTANTIVE OFFENSES

Chapter 9: OFFENSES AGAINST THE PERSON

17-A § 210-A Stalking 143



Title 17-A Maine Criminal Code

Part 2 Substantive Offenses

Chapter 19: Falsification in Official Matters
17-A § 457 Impersonating A Public Servant 147
Title 19-A: DOMESTIC RELATIONS

Part 4: PROTECTION FROM ABUSE

Chapter 101: PROTECTION FROM ABUSE
19-A § 4007 Relief 147
TITLE 22 – HEALTH AND WELFARE; Chapter 251

Communicable diseases
22 § 1313, Procedures for the transportation, quarantine, euthanasia and testing of animals suspected of having rabies. 151

22 § 1313-A Provisions for immediate destruction of certain animals 152

22 § 1313-B Civil violation, court authorization for removal and other remedies 152


TITLE 22 – HEALTH AND WELFARE; CHAPTER 958-A

ADULT PROTECTICE SERVICES ACT

SUBCHAPTER I-A – REPORTING OF ABUSE, NEGLECT OR EXPLOITATION
22 § 3474 Records; confidentiality, disclosure. 154

22 § 3475 Penalties for violations 156

22 § 3477 Persons Mandated to Report Suspected Abuse, Neglect

or Exploitation 156

22 § 3479-A Immunity From Liability 159
CHAPTER 1071 – CHILD AND FAMILY SERVICES

AND CHILD PROTECTION ACT

SUBCHAPTER II – REPORTING OF ABUSE OR NEGLECT
22 § 4011-A Reporting of Suspected Abuse or Neglect 160

22 § 4014 Immunity From Liability 164


TITLE 29-A - MOTOR VEHICLES

CHAPTER 19 - OPERATION

TRANSPORTING DOGS IN OPEN VEHICLE REGULATED
29-A § 456-G Animal Welfare Vehicle License Plate 165

29-A § 2087 Transporting of Dogs in Open Vehicle Regulated 167

29-A § 2054 Emergency and Auxiliary Lights; Sirens; Privileges 167
TITLE 33 – PROPERTY

CHAPTER 21 – LOST GOODS AND STRAY BEASTS
33 § 1051 Duty of Finder of Money or Goods Worth $3 or More 168

33 § 1052 Taking Up Stray Beasts; Notice 168

33 § 1053 Appraisal if Value $10 or More 168

33 § 1054 Restitution to Appearing Owner; Money or Goods 168

33 § 1055 Strays 168

33 § 1056 Finder’s Rights When No Owner Appears 169

33 § 1057 Sale of Strays When No Owner Appears 169

33 § 1058 Failure to Give Notice; Penalty 169

33 § 1059 Recovery of Strays Without Paying Charges; Penalty 169

33 § 1060 Damages By Animals; Remedy; Lien 169


TITLE 34-B BEHAVIOR AND DEVELOPMENTAL SERVICES

Subchapter 6 – Reporting Animal Cruelty, Abuse, or Neglect
34-B § 1901 Animal cruelty, abuse or neglect; reporting 170
TITLE 36 – TAXATION

PART 8 – INCOME TAXES
36 § 5284-A Companion Animal Sterilization Voluntary Check Off 172

RULES AND RELATIVE LAWS AND REGULATIONS

DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES:
Animal Welfare Rules Contents Index
Section I – General 173

Definitions 173

Licenses 174

Records 174

Primary Structures 175

Temperature Control 175

Sanitation 175

Food 175


Disease Control 176

Noise 176

Ventilation 176

Lighting 176

Special Instructions 177

Health of the Animal at the Time of Release 177

Unlawful Sale of Puppies and Kittens 177

Quarantine Notification 177

Violations 178

Authorized agents (Access to Facilities) 178


Section II – Specific Rules by Category of Activity 178

Pet Shops 178

Shelters 179

Kennels and Boarding Kennels 180

Outside Facilities for Dog Houses; Tethering of Animals 181
Section III – Civil Violation 182

Pet shops, Kennels and Boarding Kennels 182

Shelters 182
Section IV – Veterinarian Exemption 183

Section V – Pig Scrambles 183


Section VI - Calf Scrambles 184
Section VII – Standards for the Housing and Care of Horses (All Equine) 185
Section VIII – The Spay/Neuter Reimbursement Program 186
Section IX – Rules For the Low Income Spay/Neuter Program 187
Section X – Rules for the Permanent Identification of Wolf Hybrids 192
Section XI – Rules for the Importation of Dogs and Cats for Resale or Adoption 194

Title 7: AGRICULTURE AND ANIMALS

Part 9: ANIMAL WELFARE HEADING: PL 1987, C. 383, §3 (NEW)

Chapter 717: ANIMAL WELFARE ACT HEADING: PL 1987, C. 383, §3 (NEW); 1999, C. 254, §1 (RPR)

7 § 3901. Animal Welfare Act


This chapter is known and may be cited as the "Animal Welfare Act." [1995, c. 502, Pt. C, §5 (AMD).]

7 § 3902. Purposes; comprehensive program


The primary legislative purposes of this Act are to provide for the licensing of dogs and the humane and proper treatment of animals. To ensure the humane and proper treatment of animals, the commissioner shall develop, implement and administer a comprehensive program that upholds the animal welfare laws of the State through communication, education and enforcement. [2001, c. 617, §4 (AMD).]

7 § 3906-B. Powers and duties of commissioner


The commissioner has the powers and duties set forth in this section. [1991, c. 779, §9 (NEW).]
1. Dog licensing laws.  The commissioner shall carry out the dog licensing laws and furnish to municipalities all license blanks, stickers and tags. [ 1997, c. 690, §1 (AMD) .]
2. Surcharge on registration of pet food.   For each product name of pet food registered in accordance with subsection 1, the applicant shall pay a $20 surcharge in addition to the registration fee, except that a home-based manufacturer of pet food shall pay a total annual surcharge of $20. The commissioner shall deposit the surcharge directly into the Animal Sterilization Fund established under section 3910-B as it is received until the total of the surcharges received for that registration year equals $100,000.

 

The commissioner shall deposit all surcharges received for a registration year in excess of $100,000 into the Animal Welfare Fund established under section 3906-B, subsection 2.’


3. Dog recorders.  The commissioner shall appoint dog recorders in unorganized territories and establish fees for services rendered. [ 1991, c. 779, §9 (NEW) .]
4. Training and certification of animal control officers.  The commissioner shall develop both a basic and advanced program to train animal control officers. The basic program must include training in investigation of complaints of cruelty to animals, training in response to calls concerning animals suspected of having rabies and training in enforcement of dog licensing laws and rabies immunization laws.
The advanced training must include, but is not limited to, training in animal cruelty with respect to hoarders of animals, animal cruelty with respect to domestic violence, new laws, case reviews and report writing.
The commissioner shall certify all animal control officers who complete the training programs. [ 2007, c. 439, §1 (AMD) .]
5. Cruelty to animals.  [ 1995, c. 502, Pt. C, §10 (RP) .]
6. Inspections.  The commissioner shall inspect licensed facilities as provided in chapters 723 and 735. [ 1997, c. 690, §3 (AMD) .]
7. Payment of fees.  The commissioner may authorize payments to providers of special services to animals when the commissioner determines those services are in the public interest. [ 1991, c. 779, §9 (NEW) .]
8. Copies of law.  The commissioner shall seasonably forward to the clerks of municipalities copies of this Part. [ 1991, c. 779, §9 (NEW) .]
9. Employees.  The commissioner, in consultation with the Animal Welfare Advisory Committee, shall employ, subject to the Civil Service Law, necessary employees to assist in enforcing this Part and in carrying out the commissioner's duties and responsibilities. The commissioner shall conduct a background check of a potential employee. The commissioner may not hire as a state humane agent a person who has been convicted of murder, a Class A or Class B offense, a violation under Title 17-A, chapter 9, 11, 12 or 13, a violation of Title 19-A, section 4011 or a criminal violation under Title 17, chapter 42 or a person who has been adjudicated of a civil violation for cruelty to animals under chapter 739 or who has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those specified in this subsection. [ 2007, c. 439, §2 (AMD) .]
9-A. Humane agents.  The commissioner shall assign a humane agent to each of the following areas of specialization:
A. Blood sports; [2003, c. 405, §2 (NEW).]
B. Exotic animals; [2003, c. 405, §2 (NEW).]
C. Large animals; [2003, c. 405, §2 (NEW).]
D. Mental health and domestic violence; [2003, c. 405, §2 (NEW).]

E. Small animals; and [2003, c. 405, §2 (NEW).]
F. Training. [2003, c. 536, §1 (AMD).]
10. Rules.  Pursuant to Title 5, chapter 375, the commissioner shall adopt, amend and repeal rules, including emergency rules, necessary for the proper administration, implementation, enforcement and interpretation of any provision of law that the commissioner is charged with administering. [ 1991, c. 779, §9 (NEW)
11. Cruelty to animals.  The commissioner, in cooperation with animal control officers, shall investigate complaints of cruelty to animals and enforce cruelty-to-animal laws in accordance with chapter 739 and Title 17, chapter 42. The Attorney General and the district attorneys shall assist the commissioner with the commissioner's enforcement responsibilities. [ 1995, c. 502, Pt. C, §12 (NEW)
12. Intermittent agents.  The commissioner shall appoint intermittent humane agents as necessary to assist the commissioner in carrying out the commissioner's duties and responsibilities. The commissioner shall train and coordinate efforts of intermittent agents. These intermittent agents are unclassified employees whose training, compensation and hours of employment are determined by the commissioner. [ 1995, c. 502, Pt. C, §12 (NEW) .]
13. Spaying and neutering fund.  [ 2003, c. 682, §1 (RP) .]
14. Information.  The commissioner may obtain, develop or disseminate any information useful or convenient for carrying out any purpose or power of the commissioner. [ 1995, c. 502, Pt. C, §12 (NEW) .]
15. Annual report.  The commissioner shall report the activities of the commissioner annually by March 1st to the joint standing committee of the Legislature having jurisdiction over agricultural matters and the joint standing committee of the Legislature having jurisdiction over taxation matters. This report must include a summary of cases of cruelty to animals investigated by the commissioner, a summary of final dispositions of those cases and, with respect to companion animals, a report of the number of animal shelter intakes, the number of sterilizations and the number of euthanizations and an account of deposits into and payments from the Companion Animal Sterilization Fund established in section 3910-B. [ 2003, c. 682, §2 (AMD) .]
16. Animal welfare auxiliary fund.  The commissioner may accept gifts, donations, bequests, endowments, grants and matching funds from any private or public source for the purposes of ensuring the humane and proper treatment of animals and enhancing the administration and enforcement of this Part and Title 17, chapter 42. The commissioner shall deposit all funds accepted for these purposes and all proceeds from sales authorized under Subsection 17 into a separate, nonlapsing account known as the animal welfare auxiliary fund. All gifts, donations, bequests, endowments, grants and matching funds received must be used for the benefit of and accomplishment of the objectives in this Part and Title 17, chapter 42 and any gift, donation, bequest, endowment, grant or matching funds accepted with a stipulated purpose may be used only for that purpose.
All money deposited in the animal welfare auxiliary fund in accordance with section 1820-A, subsection 4 must be used for investigating alleged cases of mistreatment or abuse of equines and enhancing enforcement of this Part and Title 17, chapter 42 as these laws pertain to equines. [ 2005, c. 281, §4 (AMD) .]
17. Fund-raising. The commissioner may engage in the marketing and selling of general merchandise products to generate supplemental funds, which must be deposited in the animal welfare auxiliary fund established under subsection 16.

7 § 3906-C. Animal Welfare Advisory Council


The Animal Welfare Advisory Council, as established by Title 5, section 12004-I, subsection 2-C and referred to in this section as the "council," shall advise the commissioner on matters pertaining to animal welfare. [2001, c. 399, §3 (RPR).]

1. Membership.  The council consists of 14 members appointed by the Governor as follows:
A. One member representing municipal interests; [2001, c. 399, §3 (RPR).]
B. One animal control officer; [1991, c. 779, §10 (NEW).]
C. One member representing licensed animal shelters; [1991, c. 779, §10 (NEW).]
D. One member representing licensed boarding kennels; [1991, c. 779, §10 (NEW).] [2009 AMD]
E. One member representing licensed pet shops; [1995, c. 502, Pt. C, §13 (AMD).]
F. [2001, c. 399, §3 (RP).]
G. One member who is or has been a veterinarian licensed to practice in the State; [2001, c. 399, §3 (RPR).]
H. One member who owns a pet and represents the interests of the public in animal welfare, generally; [2001, c. 399, §3 (RPR).] [2009 (AMD)]
I. One attorney with experience in animal welfare law; [2001, c. 399, §3 (NEW).]
J. One cooperative extension agent or specialist; [2001, c. 399, §3 (NEW).]
K. One member with expertise in equine care; [2003, c. 405, §4 (AMD).]
L. One member with expertise in livestock representing a statewide farming organization; and [2003, c. 405, §4 (AMD).]
M. One member representing a State-based animal advocacy group. [2003, c. 405, §4 (NEW).]
N. One member who holds a kennel licensed issued under section 3923-C; and [2009 (new)]
O. One member representing licensed breeding kennels. [2009(NEW)]
In making the appointment of the veterinarian member, the Governor shall consider nominations made by the Maine Veterinary Medical Association.

[ 2003, c. 405, §4 (AMD) .] In making the appointment of the person holding a kennel license issued under section 3923-C, the Governor shall consider nominations made by a state-based dog club. [2009 AMD]


2. State member; staff.  The department shall provide necessary staffing services to the council. [ 2001, c. 399, §3 (RPR) .] [2009 AMD ]
3. Compensation.  Members of the council are entitled to travel and meal expenses only. [ 2001, c. 399, §3 (RPR) .]
4. Terms of office.  Except for initial appointees, each member serves for a term of 3 years or until the member's successor has been appointed. A member may not serve more than 2 consecutive terms. In the case of a vacancy for any reason, the Governor shall appoint a member representing the same interest to fill the unexpired term. [ 2001, c. 399, §3 (RPR) .] [2009 AMD]
5. Initial terms of office.  Initially, 4 appointed members serve for one year, 4 members serve for 2 years and 3 members serve for 3 years. [ 2001, c. 399, §3 (RPR) .]
6. Administration; meetings.  The council shall elect one of its members as chair. The chair serves for a 2-year period and may not serve as chair for consecutive 2-year periods.
The council shall hold regular public meetings every other month but may waive by majority vote a succeeding meeting. The chair shall call special meetings of the council whenever requested in writing by 2 or more members. The council shall send notice and minutes of the meetings to the joint standing committee of the Legislature having jurisdiction over animal welfare matters.

[ 2001, c. 399, §3 (RPR) .]


7. Duties.  The council shall perform the following duties:
A. Review and advise the commissioner on proposed revisions to the animal welfare laws and rules; [2001, c. 399, §3 (NEW).]
B. Assist the commissioner in the continuing implementation and evaluation of the animal welfare laws and rules; [2001, c. 399, §3 (NEW).]
C. Review training programs for humane agents and animal control officers and make recommendations for training appropriate to the duties of the humane agents and animal control officers; [2001, c. 399, §3 (NEW).]
D. Research options for increasing revenue to the Animal Welfare Fund to ensure funding for the implementation and enforcement of the animal welfare laws and rules, periodically evaluate the adequacy of funding for those laws and rules and make recommendations to the commissioner; and [2001, c. 399, §3 (NEW).]
E. Advise the commissioner on other matters related to the animal welfare laws and rules. [2001, c. 399, §3 (NEW).] [ 2001, c. 399, §3 (NEW) .]

7 § 3907. Definitions


As used in this Part, and in every law relating to or affecting animals, unless the context indicates otherwise, the following terms have the following meanings. [1987, c. 383, §3 (NEW).]

1. Act.  "Act" means the Animal Welfare Act. [ RR 2005, c. 2, §10 (COR) .]
1-A. Abandoned dog.  "Abandoned dog" means a dog that has been deserted by its owner or keeper. [ 1993, c. 657, §1 (AMD) .]
2. Animal.  "Animal" means every living, sentient creature not a human being. [ 1987, c. 383, §3 (NEW) .]
3. Animal control.  "Animal control" means control of dogs, cats, and domesticated or undomesticated animals in accordance with section 3948.

[ 1993, c. 468, §4 (AMD) .]


4. Animal control officer.  "Animal control officer" means the person appointed periodically by a municipality pursuant to chapter 725.

[ 1995, c. 490, §1 (AMD) .]


5. Animal control shelter.  [ 1993, c. 657, §2 (RP) .]
5-A. Animal shelter.  "Animal shelter" means a facility that houses animals and operates for the purpose of providing stray, abandoned, abused or owner-surrendered animals with sanctuary or finding the animals temporary or permanent adoptive homes. [ 2005, c. 510, §1 (AMD) .]
6. At large.  "At large" means off the premises of the owner and not under the control of any person whose personal presence and attention would reasonably control the conduct of the animal. [1987, c. 383, §3 (NEW) .]
7. Board.  [ 2005, c. 510, §2 (RP) .]
8. Boarding kennel.  "Boarding kennel" means any place, building, tract of land or abode in or on which 3 or more privately owned companion animals, or both, are kept at any one time for their owners in return for a fee or compensation and includes a facility where 3 or more companion animals are kept for training purposes for compensation. [ 1997, c. 33, §1 (AMD) .]

[2009 AMD]


8-A. Breeding kennel.   "Breeding kennel" means a location where 5 or more adult female dogs or cats capable of breeding are and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. "Breeding kennel" does not include a kennel licensed by a municipality under section 3923-C when the dogs are kept primarily for hunting, show, training, sledding, competition, field trials or exhibition purposes and not more than 16 dogs are offered for sale, sold or exchanged for value within a 12-month period.
9. Business day.  "Business day" means any day of the calendar year other than a Saturday, Sunday or legal holiday. [ 1987, c. 383, §3 (NEW) .]
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; [2001, c. 363, §1 (NEW).]
B. A collar or collar and tag worn by the cat that provides the current name, address and telephone number of the owner; or [2001, c. 363, §1 (NEW).]
C. A collar and tag providing the name and address of the animal shelter that issued the tag. [2001, c. 363, §1 (NEW).]
10. Clerk; municipal clerk.  "Clerk" or "municipal clerk" means the clerk of a municipality, the deputy clerk or assistant clerk, where directed by the clerk, carrying out the duties of this Part. [ 1987, c. 383, §3 (NEW) .]
11. Commissioner.  "Commissioner" means the Commissioner of Agriculture, Food and Rural Resources or his duly authorized agent. [ 1987, c. 383, §3 (NEW)

11-A. Companion animal.  "Companion animal" means a cat or dog.

[ 2003, c. 682, §3 (NEW) .]


11-B. Council.  "Council" means the Animal Welfare Advisory Council as established by Title 5, section 12004-I, subsection 2-C or its duly authorized agent. [ 2005, c. 510, §4 (NEW) .]
12. Constable.  "Constable" means a law enforcement officer appointed by municipal officers pursuant to law. [ 1987, c. 383, §3 (NEW) .]
12-A. Equine facility.  [ 1999, c. 498, §1 (RP) .]
12-B. Foster home.  [ 2005, c. 510, §5 (RP) .]
12-C. Dog.   "Dog" means a member of the genus and species known as canis familiaris, except that in chapters 720, 721, 725, 727, 729 and 739 "dog" means a member of the genus and species known as canis familiaris or any canine, regardless of generation, resulting from the interbreeding of a member of canis familiaris with a wolf hybrid.
12-D. Dangerous dog.   "Dangerous dog" means a dog or wolf hybrid that bites an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the bite or a dog or wolf hybrid that causes a reasonable and prudent person who is not on the dog or wolf hybrid owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent bodily injury by assaulting or threatening to assault that individual or individual's domestic animal. "Dangerous dog" does not include a dog certified by the State and used for law enforcement use. "Dangerous dog" does not include a dog or wolf hybrid that bites or threatens to assault an individual who is on the dog or wolf hybrid owner's or keeper's premises if the dog or wolf hybrid has no prior history of assault and was provoked by the individual immediately prior to the bite or threatened assault.
For the purposes of this definition, "dog or wolf hybrid owner's or keeper's premises" means the residence or residences, including buildings and land and motor vehicles, belonging to the owner or keeper of the dog or wolf hybrid.

12-E. Feral cat.  "Feral cat" means a cat without owner identification of any kind that consistently exhibits extreme fear in the presence of people.

[ 2007, c. 439, §3 (NEW) .]


13. Service dog kept for breeding purposes.  "Service dog kept for breeding purposes" means a male or female dog owned by a nonprofit organization for the purpose of producing puppies to be trained as service dogs and living with a resident of the State. [ 2007, c. 664, §8 (AMD) .]
14. Service dog kept prior to training.  "Service dog kept prior to training" means a dog under 18 months of age, owned by a nonprofit organization for the purpose of training as a service dog and living temporarily with a resident of the State prior to training. [ 2007, c. 664, §9 (AMD) .]
15. Humane agent.  "Humane agent" means an employee of the department who assists in enforcing this Part. [ 2001, c. 422, §4 (AMD) .]
15-A. Humane society.  [ 1993, c. 657, §4 (RP) .]

15-B. Humanely clean conditions.  "Humanely clean conditions" means that both indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions and other waste materials, dirt and trash with sufficient frequency to minimize health hazards and to provide adequately clean living conditions for the species of animal. [ 2007, c. 702, §5 (NEW) .]
16. Keeper.  "Keeper" means a person in possession or control of a dog or other animal. A person becomes the keeper of a stray domesticated animal, other than a dog or livestock, if the person feeds that animal for at least 10 consecutive days. [ 1995, c. 490, §4 (AMD) .]
17. Kennel.   "Kennel" means 5 or more dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition or exhibition purposes. The sale or exchange of one litter of puppies within a 12-month period alone does not constitute the operation of a kennel.
18. Law enforcement officer.  "Law enforcement officer" means any person who, by virtue of his public employment, is vested by law with a duty to maintain public order, enforce any law of this State establishing a civil violation, prosecute offenders or make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. [ 1987, c. 383, §3 (NEW) .]
18-A. Livestock.  "Livestock" means cattle; equines; sheep; goats; swine; domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama and genus vicugna; bison; and ratites. [ 2007, c. 439, §4 (AMD) .]
19. Municipality.  "Municipality" means an organized city, town or plantation.

[ 1993, c. 657, §5 (AMD) .]


20. Mutilate.  "Mutilate" means to injure or disfigure by irreparably damaging body parts. "Mutilate" does not include conduct performed by a licensed veterinarian or conduct that conforms to accepted veterinary practices.

[ 1997, c. 456, §2 (AMD) .]


21. Owner.  "Owner" means a person owning, keeping or harboring a dog or other animal. [ 1993, c. 657, §6 (AMD) .]
22. Person.  "Person" means an individual, corporation, partnership, association or any other legal entity. [ 1987, c. 383, §3 (NEW) .]
22-A. Pet animal.  [ 1997, c. 690, §6 (RP) .]

22-B. Pet.  "Pet" means a dog, cat or other domesticated animal commonly kept as a companion, but does not include tamed animals that are ordinarily considered wild animals or livestock. [ 1997, c. 690, §7 (AMD) .]
23. Pet shop.  "Pet shop" means a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on those premises are kept for the purpose of sale to the public.

[ 1993, c. 657, §8 (AMD) .]


23-A. Rescue group.  "Rescue group" means an organization or individual that receives animals that have been abandoned, surrendered or removed from an animal facility or that takes in homeless dogs or cats and sells, gives or otherwise places the animals in private homes. "Rescue group" does not include a facility licensed under chapter 723. [ 2007, c. 439, §5 (NEW) .]
24. Respective municipality.  "Respective municipality" means, in the case of towns, plantations and cities, the municipality where the dog or ferret is found; in the case of unorganized territories, the municipality near or adjacent to the unorganized territory where the dog or ferret is found; or the designee of that municipality. [ 1993, c. 657, §9 (AMD) .]
24-A. Service dog.  "Service dog" means a dog that meets the definition of "service animal" set forth in Title 5, section 4553, subsection E, paragraph A or B. [2007, c. 664, §10 (NEW) .]
Title 5, section 4553 9-EService animal.   "Service animal" means:

 

A. For the purposes of subchapter 4:

 

(1) An animal that has been determined necessary to mitigate the effects of a physical or mental disability by a physician, psychologist, physician's assistant, nurse practitioner or licensed social worker; or

 

(2) An animal individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair or retrieving dropped items; and

 

B. For the purposes of subchapter 5, a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of such work or tasks include, but are not limited to, assisting an individual who is totally or partially blind with navigation and other tasks, alerting an individual who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items such as medicine or a telephone, providing physical support and assistance with balance and stability to an individual with a mobility disability and helping a person with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition.

25. Shelter.  [ 1993, c. 657, §10 (RP) .]
25-A. Stray.  "Stray" means off the owner's premises and not under the control of a person. [ 1993, c. 657, §11 (NEW) .]
26. Torment, torture and cruelty.  "Torment, torture and cruelty" means every act, omission or neglect, whether by the owner or any other person, where unjustifiable physical pain, suffering or death is caused or permitted.

[ 1987, c. 383, §3 (NEW) .]


26-A. Unorganized territory.  "Unorganized territory" means all areas located within the jurisdiction of the State, except areas located within organized cities and towns, and Indian reservations. "Unorganized territory" does not include plantations. [ 1995, c. 490, §5 (NEW) .]
27. Vertebrate.  "Vertebrate" means a subphylum of chordate animals comprising those having a brain enclosed in a skull or cranium and a segmented spinal column, including mammals, birds, reptiles, amphibians and fish.

[ 1987, c. 383, §3 (NEW) .]


28. Warrant.  "Warrant" means an order of municipal officers directing a police officer, constable, sheriff or animal control officer to enter a complaint and summons against the owners or keepers of unlicensed dogs following notice of and noncompliance with a violation of law. [ 1987, c. 383, §3 (NEW) .]
29. Well cared for.  "Well cared for" means that the animal is receiving necessary sustenance, necessary medical attention, proper shelter, protection from the weather and humanely clean conditions and that the animal has not been nor is being injured, overworked, tormented, tortured, abandoned, poisoned, beaten, mutilated or exposed to a poison with the intent that it be taken by the animal. [ 1987, c. 383, §3 (NEW) .]
30. Wolf hybrid.  "Wolf hybrid" means a mammal that is the offspring of the reproduction between a species of wild canid or wild canid hybrid and a domestic dog or wild canid hybrid. "Wolf hybrid" includes a mammal that is represented by its owner to be a wolf hybrid, coyote hybrid, coydog or any other kind of wild canid hybrid. [ 1999, c. 127, Pt. A, §16 (RPR) .]

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