Maine Revised Statutes > Title 17 > Chapter 42 – Animal Welfare
Current as of: 2023 | Check for updates
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| Sections | ||
|---|---|---|
| Subchapter 1 | General Provisions | 1011 – 1015 |
| Subchapter 2 | Possession of Animals | 1021 – 1027 |
| Subchapter 3 | Cruelty to Animals | 1031 – 1039 |
| Subchapter 4 | Euthanasia of Cats and Dogs | 1041 – 1046 |
Terms Used In Maine Revised Statutes > Title 17 > Chapter 42 - Animal Welfare
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Act: means the Animal Welfare Act. See Maine Revised Statutes Title 17 Sec. 1011
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliated person: means a person who:
A. See Maine Revised Statutes Title 32 Sec. 4691Allegation: something that someone says happened. 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 control: means control of dogs, cats, domesticated or undomesticated animals which may be a problem in the community and which are not controlled by any other law. See Maine Revised Statutes Title 17 Sec. 1011 Animal control officer: means the person appointed periodically by municipal officers pursuant to Title 7, chapter 725. 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 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Antique auto: means an automobile or truck manufactured in or after model year 1916 that is:
A. See Maine Revised Statutes Title 29-A Sec. 101Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appraised value: means the fair market value of property without the consideration of the effect, if any, of dedication or other preservation-related restrictions. See Maine Revised Statutes Title 5 Sec. 6201 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. At large: means off the premises of the owner and not under the control of any person whose personal presence and attention would reasonably control the conduct of the dog. See Maine Revised Statutes Title 17 Sec. 1011 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. ATV: includes , but is not limited to, a multitrack, multiwheel or low-pressure tire vehicle; a motorcycle or related 2-wheel, 3-wheel or belt-driven vehicle; an amphibious machine; or other means of transportation deriving motive power from a source other than muscle or wind. See Maine Revised Statutes Title 12 Sec. 13001 Automobile: means a motor vehicle designed for the conveyance of passengers that has a seating capacity of not more than 15 persons, including the operator. See Maine Revised Statutes Title 29-A Sec. 101 Boarding kennel: means any place, building, tract of land, abode or vehicle in or on which privately owned animals are kept for their owners in return for a fee. See Maine Revised Statutes Title 17 Sec. 1011 Body piercer: means a person who performs body piercing on another. See Maine Revised Statutes Title 32 Sec. 4321 Body piercing: means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. See Maine Revised Statutes Title 32 Sec. 4321 Body piercing establishment: means the premises where a body piercer performs body piercing. See Maine Revised Statutes Title 32 Sec. 4321 Breeding kennel: means a location where 5 or more adult dogs or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. See Maine Revised Statutes Title 17 Sec. 1011 Bureau: means the Bureau of Motor Vehicles. See Maine Revised Statutes Title 29-A Sec. 101 Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2 Business day: means any day other than Saturday, Sunday or the following holidays: New Year's Day; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Indigenous Peoples Day; Veterans Day; Thanksgiving and Christmas. See Maine Revised Statutes Title 32 Sec. 4691 Business day: means any day of the calendar year other than a Saturday, Sunday or legal holiday. See Maine Revised Statutes Title 17 Sec. 1011 Business opportunity: means :
A. See Maine Revised Statutes Title 32 Sec. 4691Camp trailer: includes a manufactured or homemade tent trailer, so called, that consists of a platform, shelf or box with means of permanently or temporarily attaching a tent. See Maine Revised Statutes Title 29-A Sec. 101 Commercial fisheries business: includes , but is not limited to:
A. See Maine Revised Statutes Title 5 Sec. 6201Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or his duly authorized agent. See Maine Revised Statutes Title 17 Sec. 1011 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Constable: means a law enforcement officer appointed by municipal officers pursuant to law. See Maine Revised Statutes Title 17 Sec. 1011 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Cooperating entities: means those private nonprofit organizations, municipal conservation commissions, local governments, federal agencies or other bodies designated by the Land for Maine's Future Board pursuant to section 6203?E or 6203?F. See Maine Revised Statutes Title 5 Sec. 6201 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Transportation. See Maine Revised Statutes Title 29-A Sec. 101 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 32 Sec. 4311 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 32 Sec. 4321 Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Devise: To gift property by will. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Department of Inland Fisheries and Wildlife, Division of Licensing, Registration and Engineering. See Maine Revised Statutes Title 12 Sec. 13001 Docket: A log containing brief entries of court proceedings. Dog: means a member of the genus and species known as canis familiaris or any canine, regardless of generation, resulting from the interbreeding of a member of canis familiaris with a wolf hybrid as defined in subsection 30. See Maine Revised Statutes Title 17 Sec. 1011 Equine facility: means a boarding stable or commercial riding facility. See Maine Revised Statutes Title 17 Sec. 1011 Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Gross weight: means the weight in pounds of an empty vehicle or axle plus the weight of the maximum load to be carried by the vehicle or axle. See Maine Revised Statutes Title 29-A Sec. 101 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. highway: means a public way. See Maine Revised Statutes Title 29-A Sec. 101 Humane agent: means an employee of the Department of Agriculture, Conservation and Forestry who assists in enforcing this chapter. See Maine Revised Statutes Title 17 Sec. 1011 Humane society: means a nonprofit group or organization incorporated for the purpose of providing physical service directly to abused and abandoned animals, improving the conditions of animals, providing education concerning animals or fund-raising to promote animal welfare. See Maine Revised Statutes Title 17 Sec. 1011 Humanely clean conditions: means that both indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions and other waste materials, dirt and trash with sufficient frequency to minimize health hazards and to provide adequately clean living conditions for the species of animal. 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 Kennel: means 5 or more dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition or exhibition purposes. See Maine Revised Statutes Title 17 Sec. 1011 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 29-A Sec. 101 Law enforcement officer: means any person who, by virtue of his public employment, is vested by law with a duty to maintain public order, enforce any law of this State establishing a civil violation, prosecute offenders or make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 17 Sec. 1011 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Lien: A claim against real or personal property in satisfaction of a debt. Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 Livestock: means cattle; equines; sheep; goats; swine; domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama and genus vicugna; bison; and ratites. See Maine Revised Statutes Title 17 Sec. 1011 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Matching funds: means any combination of public and private funds used in conjunction with the Land for Maine's Future Trust Fund, the Public Access to Maine Waters Fund, the Maine Working Farmland Access and Protection Fund, the Conservation and Recreation Fund and the Conservation Land Management Fund for the purpose of this chapter, including, but not limited to: private contributions of cash or securities; money from municipal or other public agencies; money from a federal matching program, subject to the limitations of applicable federal and state laws, in an amount authorized by the federal program; contributions of real property, or interest in real property, that serves the acquisition needs of the State as determined by the Land for Maine's Future Board; in-kind contributions; or any combination of those funds. See Maine Revised Statutes Title 5 Sec. 6201 Micropigmentation: means placing nontoxic dyes or pigments into or under the skin to form marks for cosmetic or medical purposes. See Maine Revised Statutes Title 32 Sec. 4311 Minor: means a person who has not attained 18 years of age. See Maine Revised Statutes Title 29-A Sec. 101 Minor: means an individual under 18 years of age who is not emancipated as defined by Title 15, section 3003, subsection 6. See Maine Revised Statutes Title 32 Sec. 4321 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Moped: means a motorized device designed to travel with only 2 or 3 10-inch or larger diameter wheels in contact with the ground and that:
A. See Maine Revised Statutes Title 29-A Sec. 101Motor home: means a motor vehicle that:
A. See Maine Revised Statutes Title 29-A Sec. 101Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Motorcycle: means a motor vehicle that has a seat or a saddle for the use of the rider and is designed to travel with only 2 or 3 10-inch or larger diameter wheels in ground contact and has a motor with a cylinder capacity of more than 50 cubic centimeters or an electric motor with a capacity of not less than 1,500 watts. See Maine Revised Statutes Title 29-A Sec. 101 municipal clerk: means the clerk of a municipality, the deputy clerk or assistant clerk, where directed by the clerk, carrying out the duties of this chapter. See Maine Revised Statutes Title 17 Sec. 1011 municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipality: means a city, town or plantation. See Maine Revised Statutes Title 17 Sec. 1011 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Mutilate: means to injure or disfigure by irreparably damaging body parts. 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. Operation: means the act of operating as defined in subsection 18. See Maine Revised Statutes Title 12 Sec. 13001 Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Operator: means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use. See Maine Revised Statutes Title 12 Sec. 13001 Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001 Original registration: means a registration other than a renewal of registration by the same owner. See Maine Revised Statutes Title 29-A Sec. 101 Owner: means a person holding title to a vehicle or having exclusive right to the use of the vehicle for a period of 30 days or more. See Maine Revised Statutes Title 29-A Sec. 101 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 Owner: means :
A. See Maine Revised Statutes Title 12 Sec. 13001Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Permanent place of business: means any building or other permanently affixed structure, including a home residence, which is owned or held under a 12-month lease or rental agreement at the time business is commenced and is used in whole or in part for the purpose of engaging in sales or promotion of business opportunities. See Maine Revised Statutes Title 32 Sec. 4691 Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2 Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 17 Sec. 1011 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Personal property: All property that is not real property. Pet shop: means a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on those premises are kept for the purpose of sale to the public. See Maine Revised Statutes Title 17 Sec. 1011 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public way: means a way, owned and maintained by the State, a county or a municipality, over which the general public has a right to pass. See Maine Revised Statutes Title 29-A Sec. 101 Purchaser: means a person who purchases, leases or communicates with a seller concerning the purchase or lease of a business opportunity. See Maine Revised Statutes Title 32 Sec. 4691 Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Registration: means the registration certificate, plates and renewal devices pertaining to the registration of a vehicle, including temporary registered gross weight increases. See Maine Revised Statutes Title 29-A Sec. 101 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. residence: refer to an individual's place of domicile. See Maine Revised Statutes Title 30-A Sec. 2001 Resident: means a person who has declared or established residency in this State or has been domiciled in this State for a period of at least 30 days, except for persons in compliance with section 109, subsection 1. See Maine Revised Statutes Title 29-A Sec. 101 Respective municipality: means , in the case of towns and cities, the municipality where the dog is found or in the case of unorganized townships, the municipality near or adjacent to the unorganized township where the dog is found or the designee of that municipality. See Maine Revised Statutes Title 17 Sec. 1011 Sell: means to sell, offer, negotiate or advertise to sell, display for sale, exchange or otherwise transfer for value. See Maine Revised Statutes Title 29-A Sec. 101 Seller: means a person who sells, leases or distributes or offers to sell, lease or distribute, advertises or undertakes any other act relating to the promotion of business opportunities. See Maine Revised Statutes Title 32 Sec. 4691 Semitrailer: includes , but is not limited to, so-called pole dollies and pole dickeys and wheels commonly used as a support for the ends of logs or other long articles. See Maine Revised Statutes Title 29-A Sec. 101 Service dog: means a dog that meets the definition of "service animal" set forth in Title 5, section 4553, subsection 9?E or "assistance animal" set forth in Title 5, section 4553, subsection 1?H. See Maine Revised Statutes Title 17 Sec. 1011 Service dog kept for breeding purposes: means a male or female dog owned by a nonprofit organization for the purpose of producing puppies to be trained as service dogs and living with a resident of the State. See Maine Revised Statutes Title 17 Sec. 1011 Service dog kept prior to training: means a dog under 18 months of age, owned by a nonprofit organization for the purpose of training as a service dog and living temporarily with a resident of the State prior to training. See Maine Revised Statutes Title 17 Sec. 1011 Shelter: means any building or physical structure or part of any building or structure, other than a private dwelling, housing dogs or other animals and not used for agricultural purposes or as a laboratory, research facility, medical facility or educational institution. See Maine Revised Statutes Title 17 Sec. 1011 Snowmobile: means a vehicle propelled by mechanical power that is primarily designed to travel over ice or snow and is supported in part by skis, belts or cleats. See Maine Revised Statutes Title 12 Sec. 13001 Special mobile equipment: includes , but is not limited to, road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, trucks used only to plow snow and for other duties pertaining to winter maintenance, including sanding and salting, well drillers and wood-sawing equipment or similar types of equipment. See Maine Revised Statutes Title 29-A Sec. 101 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tow dolly: means a device towed by a motor vehicle and designed and used exclusively to transport another motor vehicle and on which the front or rear wheels of the towed motor vehicle are mounted, while the other wheels of the towed motor vehicle remain in contact with the ground. See Maine Revised Statutes Title 29-A Sec. 101 Tractor: means a motor vehicle used primarily off the highway for farming, forestry or other similar types of activities. See Maine Revised Statutes Title 29-A Sec. 101 Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101 Traffic infraction: means any violation of any provision of this Title, or of any rules established under this Title, not expressly defined as a crime or as a civil violation and otherwise not punishable by incarceration. See Maine Revised Statutes Title 29-A Sec. 101 Trailer: means a vehicle without motive power, designed to carry persons or property and to be drawn by a motor vehicle, not operated on railroad tracks, and so constructed that no part of its weight rests upon the towing vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Truck: means a motor vehicle designed and used primarily to carry property. See Maine Revised Statutes Title 29-A Sec. 101 Truck tractor: means a motor vehicle designed and used exclusively to draw other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and the load drawn. See Maine Revised Statutes Title 29-A Sec. 101 Use: means , with respect to watercraft, operate, navigate or employ. See Maine Revised Statutes Title 12 Sec. 13001 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101 Vertebrate: means a subphylum of chordate animals comprising those having a brain enclosed in a skull or cranium and a segmented spinal column, including mammals, birds, reptiles, amphibians and fish. See Maine Revised Statutes Title 17 Sec. 1011 Voter: means a person registered to vote. See Maine Revised Statutes Title 30-A Sec. 2001 Warrant: means an order of municipal officers directing a police officer, constable, sheriff or animal control officer to enter a complaint and summons against the owners or keepers of unlicensed dogs following notice of and noncompliance with a violation of law. See Maine Revised Statutes Title 17 Sec. 1011 Way: means the entire width between boundary lines of a road, highway, parkway, street or bridge used for vehicular traffic, whether public or private. See Maine Revised Statutes Title 29-A Sec. 101 Well cared for: means that the animal is receiving necessary sustenance, necessary medical attention, proper shelter, protection from the weather and humanely clean conditions and that the animal has not been nor is being injured, overworked, tormented, tortured, abandoned, poisoned, beaten, mutilated or exposed to a poison with the intent that it be taken by the animal. See Maine Revised Statutes Title 17 Sec. 1011 Wolf hybrid: includes a mammal that is represented by its owner to be a wolf hybrid, coyote hybrid, coydog or any other kind of wild canid hybrid. See Maine Revised Statutes Title 17 Sec. 1011 working waterfront property: means land, legally filled lands and piers and wharves and other improvements to land adjacent to the navigable coastal waters of the State and used by a commercial fisheries business. See Maine Revised Statutes Title 5 Sec. 6201 Wrecker: means a motor vehicle with hoisting apparatus and special equipment designed and used for towing or carrying wrecked or disabled vehicles or freeing vehicles stalled or stuck in snow, mud or sand, when such a motor vehicle in fact is being used for one of those purposes. See Maine Revised Statutes Title 29-A Sec. 101 Writ: A formal written command, issued from the court, requiring the performance of a specific act.