CHAPTER 456
H.P. 982 - L.D. 1362
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA �3907, sub-�18-A, as enacted by PL 1993, c. 468, �5, is amended to read:
18-A. Livestock. "Livestock" means cattle, horses equines, sheep, goats, donkeys, swine or other animals if the animals are kept and used by a commercial farmer and domesticated deer, fowl and rabbits.
Sec. 2. 7 MRSA �3907, sub-�20, as enacted by PL 1987, c. 383, �3, is amended to read:
20. Mutilate. "Mutilate" includes, but is not limited to, cutting the bone, muscles or tendons of the tail of a horse for the purpose of docking or setting up the tail and cropping or cutting off the ear of a dog in whole or in part 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.
Sec. 3. 7 MRSA �3909, as amended by PL 1995, c. 490, �6, is repealed and the following enacted in its place:
1. Attorney General and District Attorneys. Whenever a person has engaged in or is about to engage in an act or practice that constitutes a violation of this Act, a rule adopted pursuant to this Act or a condition of an order, license or permit approved or decision issued by the commissioner pursuant to this Act, or that constitutes a violation of chapter 739 or Title 17, chapter 42, the Attorney General or a District Attorney, at the request of the commissioner, may institute proceedings before the District Court or Superior Court for an order enjoining those acts or practices, an order directing compliance or imposing a civil or criminal penalty, or any combination of these actions, as provided by law. Upon a showing by the commissioner that the person has engaged or is about to engage in such an act or practice, the court may grant a permanent or temporary injunction, restraining order or other order as appropriate.
2. Designated employees of the department. For purposes of prosecution under this section, the commissioner may authorize humane agents and a state veterinarian to serve civil process pursuant to the Maine Rules of Civil Procedure, Rule 80H and any other applicable rules of court. The commissioner may authorize humane agents or a state veterinarian to represent the department in District Court in the prosecution of civil violations of these laws. Certification of the humane agents and a state veterinarian for this purpose is as provided under Title 30-A, section 4221, subsection 2. Once certified, prosecution by the humane agent or a state veterinarian may seek civil penalties as provided by law as well as a permanent or temporary injunction, restraining order or other equitable relief as the court finds appropriate.
Sec. 4. 7 MRSA �4011, sub-�1, �D, as repealed and replaced by PL 1995, c. 490, �20, is amended to read:
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;
Sec. 5. 7 MRSA �4011, sub-�1, ��E and F, as enacted by PL 1995, c. 490, �20, are amended to read:
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; or
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.; or
Sec. 6. 7 MRSA �4011, sub-�1, �G is enacted to read:
G. Hunts or sells for the purpose of hunting any animal that is not covered by the provisions of Title 12, Part 10.
Sec. 7. 7 MRSA �4015, first �, as enacted by PL 1987, c. 383, �3, is amended to read:
No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter, protection from the weather or and humanely clean conditions as prescribed in this section. In the case of farm animals, nothing in this section may be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practice in the particular county where the animal or shelter is located. For purposes of this section, horses shall not be considered farm animals.
Sec. 8. 7 MRSA �4015, sub-�2, �B, as enacted by PL 1987, c. 383, �3, is amended to read:
B. Shelter Except as provided in subsection 5, shelter from inclement weather shall 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 shall must be provided as necessary for the health of the animal.
(2) If a dog is tied or confined unattended outdoors under weather conditions which that adversely affect the health of the dog, a shelter of suitable size with a floor above ground and waterproof roof shall 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.
Sec. 9. 7 MRSA �4015, sub-�5 is enacted to read:
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).
Sec. 10. 16 MRSA �614, sub-�1-A is enacted to read:
1-A. Limitation on release of identifying information; cruelty to animals. The names of and other identifying information on persons providing information pertaining to criminal or civil cruelty to animals to the Department of Agriculture, Food and Rural Resources is confidential information and may not be disseminated.
Sec. 11. 17 MRSA �1011, sub-�18-A is enacted to read:
18-A. Livestock. "Livestock" means cattle, equines, sheep, goats, swine and domesticated deer, fowl and rabbits.
Sec. 12. 17 MRSA �1011, sub-�20, as enacted by PL 1987, c. 383, �4, is amended to read:
20. Mutilate. "Mutilate" includes, but is not limited to, cutting the bone, muscles or tendons of the tail of a horse for the purpose of docking or setting up the tail and cropping or cutting off the ear of a dog in whole or in part 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.
Sec. 13. 17 MRSA �1031, sub-�1, �D, as repealed and replaced by PL 1995, c. 490, �25, is amended to read:
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;
Sec. 14. 17 MRSA �1031, sub-�1, ��E and F, as enacted by PL 1995, c. 490, �25, are amended to read:
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; or
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. ; or
Sec. 15. 17 MRSA �1031, sub-�1, �G is enacted to read:
G. Hunts or sells for the purpose of hunting any animal that is not covered by the provisions of Title 12, Part 10.
Sec. 16. 17 MRSA �1031, sub-�3, as amended by PL 1993, c. 81, �2, is further amended to read:
3. Penalty. Cruelty to animals is a Class D crime. In addition to any other penalty authorized by law, the court shall impose a fine of not less than $100 for each violation of this section. The court may order the defendant to pay the costs of the care, housing and veterinary medical treatment for the animal.
The court, as part of the sentence, may prohibit the defendant from owning, possessing or having on the defendant's premises an animal or animals as determined by the court for a period of time, up to and including permanent relinquishment, as determined by the court. A person placed on probation for a violation of this section with a condition that prohibits owning, possessing or having an animal or animals on the probationer's premises is subject to revocation of probation and removal of the animal or animals at the probationer's expense if this condition is violated. The court as part of the sentence may order, as a condition of probation, that the defendant be evaluated to determine the need for psychiatric or psychological counseling, and, if it is determined appropriate by the court, to receive psychiatric or psychological counseling at the defendant's expense.
Sec. 17. 17 MRSA �1037, first �, as enacted by PL 1987, c. 383, �4, is amended to read:
No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter, protection from the weather or humanely clean conditions as prescribed in this section. In the case of farm animals, nothing in this section may be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located. For purposes of this section, horses shall not be considered farm animals.
Sec. 18. 17 MRSA �1037, sub-�2, �B, as enacted by PL 1987, c. 383, �4, is amended to read:
B. Shelter Except as provided in subsection 5, shelter from inclement weather shall 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 shall must be provided as necessary for the health of the animal.
(2) If a dog is tied or confined unattended outdoors under weather conditions which that adversely affect the health of the dog, a shelter of suitable size with a floor above ground and waterproof roof shall 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.
Sec. 19. 17 MRSA �1037, sub-�5 is enacted to read:
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).
Sec. 20. 30-A MRSA �4221, sub-�2, �A, as amended by PL 1991, c. 688, �2, is further amended to read:
A. The commissioner shall also establish certification standards and a program to certify familiarity with court procedures for:
(1) Plumbing inspectors appointed under this section;
(2) Code enforcement officers, as set forth in section 4452 and in Title 38, section 441;
(3) Department of Environmental Protection employees, as set forth in Title 38, section 342, subsection 7; and
(4) Maine Land Use Regulation Commission employees, as set forth in Title 12, section 685-C, subsection 9. ; and
(5) State humane agents and state veterinarians, as set forth in Title 7, section 3909, subsection 2.
Certification under this paragraph is effective for a period of 3 years unless sooner revoked or suspended by the Administrative Court upon complaint by the commissioner on grounds of fraud, negligence, misconduct or incompetence in the performance of duties. After being certified by the commissioner under this paragraph, a plumbing inspector may serve civil process on persons who violate the plumbing and subsurface wastewater disposal rules of the department. The municipal officers may also authorize the inspector to represent the municipality in District Court under section 4452.
Sec. 21. Authority to report out bill. The Joint Standing Committee on Agriculture, Conservation and Forestry is authorized to report out a bill making revisions to the animal welfare laws during the Second Regular Session of the 118th Legislature. In developing the bill, the committee shall consider each of the provisions proposed in Legislative Document 1362 as originally printed in the First Regular Session of the 118th Legislature.
Effective September 19, 1997, unless otherwise indicated.
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