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USA Statutes : maine
Title : Title 07. AGRICULTURE AND ANIMALS
Chapter : Chapter 741. ANIMAL TRESPASS (HEADING. PL 1989, c. 91 (new))
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Title 7 - §4041. Animal trespass
Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, @3 (new))
Chapter 741: ANIMAL TRESPASS (HEADING: PL 1989, c. 91 (new))
§4041. Animal trespass
1. Definitions.
[1999, c. 254, §15 (rp).]
1-A. Trespass. An owner of an animal may not allow that animal to enter onto the property of another after the owner has been warned by
a law enforcement officer or animal control officer that that animal was found on the property of another.
[1999, c. 254, §15 (new).]
2. Removal. The owner or keeper of an animal is responsible, at the owner's or keeper's expense, for removing any animal found trespassing.
An animal control officer or law enforcement officer may, at the owner's or keeper's expense, remove and control an animal
found trespassing if:
A. The owner or keeper fails to remove the animal after having been notified by an animal control officer or law enforcement
officer that the animal was trespassing; or
[1999, c. 254, §15 (amd).]
B. The animal is an immediate danger to itself, persons or another's property.
[1999, c. 254, §15 (amd).]
[1999, c. 254, §15 (amd).]
3. Civil violation. A person commits a civil violation if an animal owned or kept by that person is found trespassing and:
A. That person fails to remove the animal within 12 hours after having been personally notified by an animal control officer
or law enforcement officer that the animal was trespassing.
[1999, c. 254, §15 (amd).]
B.
[1999, c. 254, §15 (rp).]
[1999, c. 254, §15 (amd).]
4. Forfeiture. A forfeiture of not less than $50 nor more than $500 must be adjudged for a civil violation under subsection 3. In addition,
the court may as part of the sentencing include an order of restitution for costs incurred in removing and controlling the
animal. When appropriate, the court may order restitution to the property owner based on damage done and financial loss.
Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the
owner against the offender based on the same facts.
[1999, c. 254, §15 (amd).]
5. Exemption. A person is not liable under this section if, at the time of the alleged trespass, that person was licensed or privileged
to allow the animal to be on the property.
[1999, c. 254, §15 (amd).]
6. Definition. For purposes of this section, the term "animal" does not include cats.
[2001, c. 15, §1 (new).]
Section History:
PL 1989,
Ch. 91,
§
(NEW).
PL 1995,
Ch. 351,
§5
(AMD).
PL 1997,
Ch. 104,
§1
(AMD).
PL 1997,
Ch. 690,
§47-49
(AMD).
PL 1999,
Ch. 254,
§15
(AMD).
PL 2001,
Ch. 15,
§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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