Maine Statute | Act | Code |Title 07. Agriculture And Animals| US Code - US Statute | Chapter 725. Municipal Duties (heading. Pl 1987, C. 383, @3 (new))

Title 7 - §3941. Posting of law

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3941. Posting of law

Municipal clerks, annually, at least 20 days before January 1st, shall post copies of chapter 721 and this chapter in the usual places for posting notices of the annual municipal elections. [1997, c. 690, §25 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1997,
Ch. 690,
§25 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3942. Issuance of dog licenses

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3942. Issuance of dog licenses

Municipal clerks shall issue dog licenses in accordance with chapter 721, receive the license fees and pay to the department $9 for dogs capable of producing young and $3 from each license fee received for dogs 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 licensed and the sex, registered numbers and description of all dogs 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 licenses issued and fees received. [2003, c. 405, §20 (amd).] div>
The clerk shall retain $1 from each license fee as a recording fee. The clerk shall deposit $2 from each license for a dog incapable of producing young in the municipality's animal welfare account established in accordance with section 3945. [2003, c. 405, §20 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1991,
Ch. 622,
§FF17 (AMD).
PL 1991,
Ch. 779,
§34 (AMD).
PL 1991,
Ch. 779,
§52 (AFF).
PL 1999,
Ch. 254,
§7 (AMD).
PL 2001,
Ch. 617,
§7 (AMD).
PL 2003,
Ch. 405,
§20 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3943. Municipal warrants

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3943. Municipal warrants

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 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 $25 for each dog 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. [2003, c. 405, §21 (amd).]

2. Returns of warrant. Each police officer, constable, sheriff or animal control officer to whom the warrant is issued shall return the warrant to the municipal clerk on or before July lst of each year. [1987, c. 383, §3 (new).]

3. Payments to officers. Payment to certain officers must be as follows.

A. The municipal clerk shall deposit the late fees collected from all dog owners and keepers in a separate account pursuant to section 3945. [1995, c. 490, §13 (amd).]

B. Officers rendering services are entitled to compensation as the municipal officers may determine. [1991, c. 779, §36 (amd); §60 (aff).]

[1995, c. 490, §13 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1991,
Ch. 264,
§1,2 (AMD).
PL 1991,
Ch. 779,
§35,36 (AMD).
PL 1991,
Ch. 779,
§60 (AFF).
PL 1995,
Ch. 490,
§12,13 (AMD).
PL 1997,
Ch. 690,
§26 (AMD).
PL 1999,
Ch. 136,
§1 (AMD).
PL 2003,
Ch. 405,
§21 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3944. Issuance of kennel licenses

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3944. Issuance of kennel licenses

Municipal clerks and dog recorders shall issue kennel licenses to kennel owners or operators in accordance with section 3923-C. [1997, c. 690, §27 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1991,
Ch. 779,
§37 (AMD).
PL 1993,
Ch. 657,
§38 (AMD).
PL 1997,
Ch. 690,
§27 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3945. Use of license fees and court fines retained by municipalities

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3945. Use of license fees and court fines retained by municipalities

Except for the $1 recording fee pursuant to section 3942 retained by the municipal clerk, all fees and court fines retained by municipalities must be kept in a separate account and must be used for the salaries and costs of animal control, enforcement of licensing laws, care of stray animals that are injured or abandoned and the support of one or more approved animal shelters. Any money not expended for these purposes in a municipality's fiscal year does not lapse, but must be carried over to the next fiscal year. [2001, c. 617, §8 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1993,
Ch. 657,
§39 (AMD).
PL 1995,
Ch. 490,
§14 (AMD).
PL 2001,
Ch. 617,
§8 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3946. Dog recorders in unorganized territories

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3946. Dog recorders in unorganized territories

Dog recorders appointed by the commissioner in unorganized territories shall issue dog 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. [1995, c. 490, §15 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1991,
Ch. 779,
§38 (AMD).
PL 1995,
Ch. 490,
§15 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3947. Animal control officers

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3947. Animal control officers

Each municipality shall appoint one or more animal control officers whose duties are enforcement of sections 3911, 3912, 3916, 3921, 3924, 3943, 3948, 3950, 3950-A, 3952 and 4041 and Title 17, section 1023 responding to reports of animals suspected of having rabies in accordance with Title 22, sections 1313 and 1313-A and such other duties to control animals as the municipality may require. [1997, c. 690, §28 (amd).] div>
A municipality may not appoint a person who has been convicted of a criminal violation under Title 17, chapter 42 or has been adjudicated of a civil violation for cruelty to animals under chapter 739 to the position of animal control officer. [1993, c. 468, §15 (new).] div>
Animal control officers must be certified in accordance with section 3906-B, subsection 4. Upon initial appointment, an animal control officer must complete training and be certified by the commissioner within 6 months of appointment. [1991, c. 779, §39 (new).] div>
Upon appointment of an animal control officer, municipal clerks shall notify the commissioner of the name, address and telephone number of the animal control officer. [1995, c. 490, §16 (new).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1987,
Ch. 643,
§3 (AMD).
PL 1991,
Ch. 779,
§39 (AMD).
PL 1993,
Ch. 468,
§15 (AMD).
PL 1995,
Ch. 490,
§16 (AMD).
PL 1997,
Ch. 690,
§28 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3948. Animal control

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3948. Animal control

1. Control. Municipalities shall control dogs running at large. [1997, c. 690, §29 (amd).]

2. Medical attention. Law enforcement officers and animal control officers shall take a stray animal to its owner, if known, or, if the owner is unknown, to an animal shelter and ensure that any injured animal that is at large or in a public way is given proper medical attention. [1997, c. 690, §30 (amd).]

3. Domesticated and undomesticated animals. A municipality shall control domesticated animals that are a cause of complaint in the community. A municipality shall control animals that pose a threat to public health or safety. A municipality may control undomesticated animals in matters on which no other department is charged by law to regulate. [1997, c. 690, §31 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1987,
Ch. 643,
§4 (AMD).
PL 1993,
Ch. 468,
§16 (AMD).
PL 1995,
Ch. 490,
§17 (AMD).
PL 1997,
Ch. 690,
§29-31 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3949. Animal shelter designation

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3949. Animal shelter designation

Municipal clerks, annually, on or before April 1st, shall certify to the commissioner the name and location of the animal shelter with which the municipality has entered into a contract to accept stray animals or have an arrangement for an animal shelter that will accept stray animals. Animal shelters designated by the municipality under this section must comply with commissioner rules. [1997, c. 690, §32 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1993,
Ch. 468,
§25 (AMD).
PL 1993,
Ch. 657,
§40 (AMD).
PL 1997,
Ch. 690,
§32 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3950-A. Official refusal or neglect of duty

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3950-A. Official refusal or neglect of duty

1. Violation. A mayor, municipal officer, clerk, town or city manager, administrative assistant to the mayor, town or city councilor, dog recorder of unorganized territories, constable, police officer, sheriff or animal control officer commits a civil violation if that person refuses or intentionally fails to perform the duties imposed by:

A. This chapter; [2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

B. Chapter 719; [2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

C. Chapter 720; [2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

D. Chapter 721; [2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

E. Chapter 725; or [2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

F. Chapter 727. [2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

2. Penalty. A person who violates subsection 1 commits a civil violation for which a fine of not less than $50 and not more than $250 and costs may be adjudged. [2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

3. Investigation. The commissioner, at the commissioner's own instance or upon written complaint made to the commissioner by another person, shall investigate an alleged refusal or neglect of duty by a municipal officer. [2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

4. Prosecution. The commissioner shall direct proceedings, actions and prosecutions to be instituted to enforce all laws relating to animals and to the liability of municipal officers and their agents for failure, neglect or refusal to comply with the laws relating to animals. [2003, c. 452, Pt. B, §21 (new); Pt. X, §2 (aff).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1995,
Ch. 490,
§18 (AMD).
PL 1995,
Ch. 557,
§2 (AMD).
PL 1997,
Ch. 690,
§33 (AMD).
PL 2003,
Ch. 452,
§B21 (RPR).
PL 2003,
Ch. 452,
§X2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §3950. Local regulations

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 725: MUNICIPAL DUTIES (HEADING: PL 1987, c. 383, @3 (new))

§3950. Local regulations

Each municipality is empowered to adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter, except that municipalities may not adopt breed-specific ordinances, laws or regulations. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. [1991, c. 779, §40 (amd).]

1. Certain agricultural working dogs exempt from barking dog ordinances. A municipal ordinance, law or regulation that prohibits or limits barking dogs does not apply to dogs engaged in herding livestock or to agricultural guard dogs engaged in protecting livestock or warning the owners of danger to the livestock. For the purposes of this subsection, the term "livestock" has the same meaning as in section 3907, subsection 18-A. [2005, c. 138, §1 (new).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1991,
Ch. 779,
§40 (AMD).
PL 2005,
Ch. 138,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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