Maine Revised Statutes Title 17 Sec. 1038 – Animals abandoned at animal care facilities
Current as of: 2023 | Check for updates
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Abandoning an animal at an animal care facility is a Class D crime. [PL 2021, c. 99, §12 (AMD).]
1. Determination of abandonment. There is a rebuttable presumption of abandonment if an owner:
A. Places an animal in the custody of an animal care facility for services offered by that facility; and [PL 2021, c. 99, §13 (AMD).]
B. Fails to claim the animal within 10 days after written notice is sent in accordance with subsection 2. [PL 2005, c. 422, §11 (NEW).]
[PL 2021, c. 99, §13 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
Terms Used In Maine Revised Statutes Title 17 Sec. 1038
- Animal: means every living, sentient creature not a human being. See Maine Revised Statutes Title 17 Sec. 1011
- Animal care facility: means any person that provides care, sustenance, housing, maintenance or other necessary care of an animal and includes, but is not limited to, veterinarians' offices, boarding kennels, equine facilities, animal grooming facilities, animal shelters and animal day care facilities. See Maine Revised Statutes Title 17 Sec. 1011
- 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. See Maine Revised Statutes Title 17 Sec. 1011
- Keeper: means a person in possession or control of a dog or other animal. See Maine Revised Statutes Title 17 Sec. 1011
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Owner: means any person, firm, partnership, association or corporation owning, keeping or harboring a dog or other animal. See Maine Revised Statutes Title 17 Sec. 1011
2. Notice requirement. Before any animal may be considered abandoned under this section, an animal care facility shall send written notice, by registered or certified mail, return receipt requested, to the owner or keeper at the owner’s or keeper’s last known address. Proof of attempted delivery constitutes sufficient notice.
[PL 2021, c. 99, §14 (AMD).]
3. Ownership of abandoned animal. When an owner or keeper fails to claim an animal within 10 days of a notice being sent under subsection 2, the animal care facility or individual who has custody and control of the animal is considered the owner of the animal and shall arrange for its care, including, but not limited to, its adoption, sale or placement with a licensed animal shelter.
[PL 2021, c. 99, §15 (AMD).]
4. Financial obligation. The disposal of an abandoned animal under this section does not relieve the owner or keeper of the animal of any financial obligation, including, but not limited to, costs incurred for veterinary treatment, boarding, grooming or other care.
[PL 2005, c. 422, §11 (NEW).]
5. Penalty. In addition to the penalties provided in Title 17?A for a Class D crime, the penalties in section 1031, subsection 3?B also apply.
[PL 2005, c. 422, §11 (NEW).]
SECTION HISTORY
PL 2005, c. 422, §11 (NEW). PL 2021, c. 99, §§12-15 (AMD).