Maine Statute | Act | Code |Title 07. Agriculture And Animals| US Code - US Statute | Chapter 739. Cruelty To Animals (heading. Pl 1987, C. 383, @3 (new))

Title 7 - §4011. Cruelty to animals

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 739: CRUELTY TO ANIMALS (HEADING: PL 1987, c. 383, @3 (new))

§4011. Cruelty to animals

1. Cruelty to animals. Except as provided in subsection 1-A, a person, including an owner or the owner's agent, is guilty of cruelty to animals if that person:

A. Kills or attempts to kill any animal belonging to another person without the consent of the owner or without legal privilege; [1995, c. 490, §20 (rpr).]

B. Except for a licensed veterinarian or a person certified under Title 17, section 1042, kills or attempts to kill an animal by a method that does not cause instantaneous death; [1995, c. 490, §20 (rpr).]

C. Is a licensed veterinarian or a person certified under Title 17, section 1042 and that person kills or attempts to kill an animal by a method that does not conform to standards adopted by a national association of licensed veterinarians; [RR 1997, c. 2, §33 (cor).]

D. Injures, overworks, tortures, torments, abandons or cruelly beats or intentionally mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The owner or occupant of property is privileged to use reasonable force to eject a trespassing animal; [1997, c. 456, §4 (amd).]

E. Deprives an animal that the person owns or possesses of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions; [1997, c. 456, §5 (amd).]

F. Keeps or leaves a domestic animal on an uninhabited or barren island lying off the coast of the State during the month of December, January, February or March without providing necessary sustenance and proper shelter; [1999, c. 254, §11 (amd).]

G. Hunts, traps or sells for the purpose of hunting any animal, except as permitted pursuant to chapter 202-A and Title 12, Part 13; [2003, c. 414, Pt. B, §14 (amd); c. 614, §9 (aff).]

H. Injects, inserts or causes ingestion of any substance used solely to enhance the performance of an animal by altering the animal's metabolism to that animal's detriment, including but not limited to excessive levels of sodium bicarbonate in equines used for competition; or [2001, c. 425, §2 (amd).]

I. Kills or tortures an animal to frighten or intimidate a person or forces a person to injure or kill an animal. [2001, c. 425, §3 (new).]

[2003, c. 414, Pt. B, §14 (amd); c. 614, §9 (aff).]

1-A. Animal cruelty. Except as provided in paragraphs A and B, a person is guilty of cruelty to animals if that person kills or attempts to kill a cat or dog.

A. A licensed veterinarian or a person certified under Title 17, section 1042 may kill a cat or dog according to the methods of euthanasia under Title 17, chapter 42, subchapter IV. [1995, c. 490, §21 (new).]

B. A person who owns a cat or dog, or the owner's agent, may kill that owner's cat or dog by shooting with a firearm provided the following conditions are met.

(1) The shooting is performed by a person 18 years of age or older using a weapon and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot.

(2) Death is instantaneous.

(3) Maximum precaution is taken to protect the general public, employees and other animals.

(4) Any restraint of the cat or dog during the shooting does not cause undue suffering to the cat or dog.
[1995, c. 490, §21 (new).]

[1995, c. 490, §21 (new).]

2. Affirmative defenses. It is an affirmative defense to this section that:

A. The conduct was performed by a licensed veterinarian or was a part of scientific research governed by accepted standards; [1987, c. 383, §3 (new).]

B. The conduct was designed to control or eliminate rodents, ants or other common pests on the defendant's own property; or [1987, c. 383, §3 (new).]

C. The conduct involved the use of live animals as bait or in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 13. [2003, c. 414, Pt. B, §15 (amd); c. 614, §9 (aff).]

Evidence of proper care of any animal shall not be admissible in the defense of alleged cruelty to other animals. [2003, c. 414, Pt. B, §15 (amd); c. 614, §9 (aff).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1995,
Ch. 490,
§20,21 (AMD).
PL 1997,
Ch. 456,
§4-6 (AMD).
PL 1997,
Ch. 690,
§44 (AMD).
RR 1997,
Ch. 2,
§33 (COR).
PL 1999,
Ch. 254,
§11-13 (AMD).
PL 1999,
Ch. 765,
§9 (AMD).
PL 2001,
Ch. 425,
§1-3 (AMD).
PL 2001,
Ch. 617,
§9 (AMD).
PL 2003,
Ch. 414,
§B14,15 (AMD).
PL 2003,
Ch. 414,
§D7 (AFF).
PL 2003,
Ch. 614,
§9 (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 - §4012. Cruelty to birds

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 739: CRUELTY TO ANIMALS (HEADING: PL 1987, c. 383, @3 (new))

§4012. Cruelty to birds

1. Cruelty to birds. A person is guilty of cruelty to birds if that person:

A. Keeps or uses any live pigeon, fowl or other bird for a target or to be shot at, either for amusement or as a test of skill in marksmanship; [1987, c. 383, §3 (new).]

B. Shoots at any bird or is present as a party, umpire or judge at a shooting; or [1987, c. 383, §3 (new).]

C. Rents any building, shed, room, yard, field or premises or knowingly allows the use of the same for the purposes of paragraphs A and B. [1997, c. 690, §45 (amd).]

[1997, c. 690, §45 (amd).]

2. Construction. This section may not be construed to prohibit the shooting of wild game in its wild state or the shooting of birds at field trials under the supervision of the Department of Inland Fisheries and Wildlife in accordance with Title 12, chapter 915, subchapter 13. [2003, c. 414, Pt. B, §16 (amd); c. 614, §9 (aff).]

3. Affirmative defense. It is an affirmative defense to this section that the conduct involved the use of live animals in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 13. [2003, c. 414, Pt. B, §16 (amd); c. 614, §9 (aff).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1997,
Ch. 690,
§45 (AMD).
PL 2003,
Ch. 414,
§B16 (AMD).
PL 2003,
Ch. 414,
§D7 (AFF).
PL 2003,
Ch. 614,
§9 (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 - §4013. Necessary sustenance

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 739: CRUELTY TO ANIMALS (HEADING: PL 1987, c. 383, @3 (new))

§4013. Necessary sustenance

No person owning or responsible for confining or impounding any animal may fail to supply the animal with a sufficient supply of food and water as prescribed in this section. [1987, c. 383, § 3 (new).]

1. Food. The food shall be of sufficient quantity and quality to maintain all animals in good health. [1987, c. 383, § 3 (new).]

2. Water. If potable water is not accessible to the animal at all times, it must be provided daily and in sufficient quantity for the health of the animal. Snow or ice is not an adequate water source. [2003, c. 405, §23 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 2003,
Ch. 405,
§23 (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 - §4014. Necessary medical attention

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 739: CRUELTY TO ANIMALS (HEADING: PL 1987, c. 383, @3 (new))

§4014. Necessary medical attention

No person owning or responsible for confining or impounding any animal may fail to supply the animal with necessary medical attention when the animal is or has been suffering from illness, injury, disease, excessive parasitism or malformed or overgrown hoof. [1987, c. 383, § 3 (new).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
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 - §4015. Proper shelter, protection from the weather and humanely clean conditions

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 739: CRUELTY TO ANIMALS (HEADING: PL 1987, c. 383, @3 (new))

§4015. Proper shelter, protection from the weather and humanely clean conditions

No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter, protection from the weather and humanely clean conditions as prescribed in this section. [1997, c. 456, §7 (amd).]

1. Indoor standards. Minimum indoor standards of shelter shall be as follows.

A. The ambient temperature shall be compatible with the health of the animal. [1987, c. 383, §3 (new).]

B. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animal at all times. [1987, c. 383, §3 (new).]

[1987, c. 383, §3 (new).]

2. Outdoor standards. Minimum outdoor standards of shelter shall be as follows.

A. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine farm animals. [1987, c. 383, §3 (new).]

B. Except as provided in subsections 5 and 6, shelter from inclement weather must be as follows.

(1) An artificial shelter, with a minimum of 3 sides and a waterproof roof, appropriate to the local climatic conditions for the species concerned must be provided as necessary for the health of the animal.

(2) If a dog is tied or confined unattended outdoors under weather conditions that adversely affect the health of the dog, a shelter of suitable size with a floor above ground and waterproof roof must be provided to accommodate the dog and protect it from the weather and, in particular, from severe cold. Inadequate shelter may be indicated by the shivering of the dog due to cold weather for a continuous period of 30 minutes.
[2005, c. 340, §1 (amd).]

C. No animal may be confined in a building, enclosure, car, boat, vehicle or vessel of any kind when extreme heat or extreme cold will be harmful to its health. [1987, c. 383, §3 (new).]

[2005, c. 340, §1 (amd).]

3. Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include the following.

A. The housing facilities shall be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal. [1987, c. 383, §3 (new).]

B. Enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of overcrowding, debility, stress or abnormal behavior patterns. [1987, c. 383, §3 (new).]

[1987, c. 383, §3 (new).]

4. Humanely clean conditions. Minimum standards of sanitation necessary to provide humanely clean conditions for both indoor and outdoor enclosures shall include periodic cleanings to remove excretions and other waste materials, dirt and trash to minimize health hazards. [1987, c. 383, §3 (new).]

5. Livestock. Livestock must be provided with shelter suitable for the health of the animal. Livestock must have access to a constructed or natural shelter that is large enough to accommodate all livestock comfortably at one time. The shelter should be well drained and protect the livestock from direct sun, rain, wind and other inclement weather. Notwithstanding this subsection, shelter for equines must be provided in accordance with subsection 2, paragraph B, subparagraph (1). For purposes of this subsection, "livestock" includes large game as defined in section 1341, subsection 5 kept at a licensed commercial large game shooting area as defined in section 1341, subsection 1. [1999, c. 765, §10 (amd).]

6. Dogs confined by tethering for long time periods. In addition to the requirements of subsection 2, paragraph B, subparagraph (2), when tethering is the primary means of confinement for a dog, the standards for shelter and tethering are as follows:

A. A shelter must be provided that is fully enclosed except for a portal. The portal must be of a sufficient size to allow the dog unimpeded passage into and out of the structure. For dogs other than arctic breeds, the portal must be constructed in a manner that keeps wind and precipitation out of the interior. The shelter must have clean bedding material sufficient to retain the dog's normal body heat; and [2005, c. 340, §2 (new).]

B. The chain or tether must be attached to both the dog and the anchor using swivels or similar devices that prevent the chain or tether from becoming entangled or twisted. The chain or tether must be attached to a well-fitted collar or harness on the dog. For dogs other than arctic breeds, the chain or tether must be at least 5 times the length of the dog measured from the tip of its nose to the base of its tail. For arctic breeds, the chain or tether must be at least 2.5 times the length of the dog measured from the tip of its nose to the base of its tail. [2005, c. 340, §2 (new).]

For the purposes of this subsection, "primary means of confinement" means the method used to confine a dog for periods of time that exceed 12 hours in a 24-hour period. For the purposes of this subsection, "arctic breeds" means Siberian Huskies, Alaskan Huskies, Alaskan Malamutes and other dogs with a double-layered coat and bred to live in an arctic climate. [2005, c. 340, §2 (new).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1997,
Ch. 456,
§7-9 (AMD).
PL 1999,
Ch. 765,
§10 (AMD).
PL 2005,
Ch. 340,
§1,2 (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 - §4016. Violation

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 739: CRUELTY TO ANIMALS (HEADING: PL 1987, c. 383, @3 (new))

§4016. Violation

1. Penalty. A person who violates this chapter commits a civil violation.

A. The court shall adjudge a civil fine of not less than $500 nor more than $2,500 for the first violation, none of which may be suspended, and a civil fine of not less than $1,000 nor more than $5,000 for a 2nd or subsequent violation of section 4011, none of which may be suspended. [2001, c. 425, §4 (new).]

B. The court may order a person adjudicated as having violated the laws against cruelty to animals to pay the costs of the care, housing and veterinary medical treatment for the animal. [2001, c. 425, §4 (new).]

C. The court, as part of the judgment, may prohibit a person adjudicated as having violated the laws against cruelty to animals from owning, possessing or having on the defendant's premises an animal for a period of time up to and including permanent relinquishment. [2001, c. 425, §4 (new).]

D. The court, as part of the judgment, may order that the defendant submit to and complete a psychological evaluation for in camera review by the court. [2001, c. 425, §4 (new).]

[2001, c. 425, §4 (new).]

2. Criminal or civil prosecution. A person may be arrested or detained for the crime of cruelty to animals under Title 17, chapter 42, subchapter III in accordance with the rules of criminal procedure. A person may not be arrested or detained for the civil violation of cruelty to animals. The attorney for the State may elect to charge a defendant with either the crime of cruelty to animals under Title 17, chapter 42, subchapter III or the civil violation of cruelty to animals under this chapter. In making this election, the attorney for the State shall consider the severity of the cruelty displayed, the number of animals involved, any prior convictions or adjudications of animal cruelty entered against the defendant and such other factors as may be relevant to a determination of whether criminal or civil sanctions will best accomplish the goals of the animal welfare laws in the particular case before the attorney for the State. The election and determination required by this subsection are not subject to judicial review. The factors involved in the election and determination are not elements of the criminal offense or civil violation of animal cruelty and are not subject to proof or disproof as prerequisites or conditions for conviction under Title 17, chapter 42, subchapter III or adjudication under this chapter. [2001, c. 425, §4 (new).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1993,
Ch. 81,
§1 (AMD).
PL 1997,
Ch. 170,
§1 (AMD).
PL 1999,
Ch. 254,
§14 (AMD).
PL 1999,
Ch. 597,
§2 (AMD).
PL 2001,
Ch. 425,
§4 (RPR).
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 - §4017. Rules

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 739: CRUELTY TO ANIMALS (HEADING: PL 1987, c. 383, @3 (new))

§4017. Rules

The commissioner may adopt any rules necessary or useful to carry out this chapter pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. [1997, c. 690, §46 (amd).]

Section History:
PL 1987,
Ch. 383,
§3 (NEW).
PL 1993,
Ch. 468,
§25 (AMD).
PL 1997,
Ch. 690,
§46 (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 - §4018. Report of suspected cruelty

Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 739: CRUELTY TO ANIMALS (HEADING: PL 1987, c. 383, @3 (new))

§4018. Report of suspected cruelty

1. Report by veterinarian. A veterinarian licensed in accordance with Title 32, chapter 71-A who, while acting in a professional capacity, has reasonable cause to suspect that an animal is the subject of cruelty or neglect in violation of this chapter or Title 17, chapter 42, may report the suspected violation to the commissioner, the commissioner's designee, an animal control officer, attorney for the State or law enforcement officer. A veterinarian making a report under this section may appear and testify in a judicial or administrative proceeding concerning the condition or care of the animal. [2001, c. 422, §11 (new).]

2. Immunity. A veterinarian reporting or testifying under this section is immune from criminal or civil liability or professional disciplinary action that might otherwise result from these actions. The immunity from liability for releasing confidential information applies only to the release of information to the court or to the department, an animal control officer, attorney for the State or law enforcement agency involved in the investigation. [2001, c. 422, §11 (new).]

Section History:
PL 2001,
Ch. 422,
§11 (NEW).
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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