Maine Revised Statutes > Title 28-A > Part 7 > Chapter 91 – Enforcement and Jurisdiction
Current as of: 2023 | Check for updates
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| Sections | ||
|---|---|---|
| Subchapter 1 | General | 2201 – 2203 |
| Subchapter 2 | Officials and Their Duties | 2211 |
| Subchapter 3 | Search and Seizure | 2221-A – 2230 |
Terms Used In Maine Revised Statutes > Title 28-A > Part 7 > Chapter 91 - Enforcement and Jurisdiction
- 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
- Adverse result: means :
A. See Maine Revised Statutes Title 16 Sec. 647Allegation: something that someone says happened. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. 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 Annual base compensation: means a member's gross compensation, based upon amounts reported by the member's employer on the member's previous year's federal wage and tax statement, that is used the first day of each April for setting the amount of coverage prior to retirement for participants in the group life insurance program administered by the board. See Maine Revised Statutes Title 5 Sec. 17001 Appeal: 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. Arrest: Taking physical custody of a person by lawful authority. 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 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Beneficiary: means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001 Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 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 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 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 of the calendar year other than a Saturday, Sunday or legal holiday. See Maine Revised Statutes Title 17 Sec. 1011 Certificate: means a certificate of competency issued by the department stating that an applicant has met the requirements for the specified operator classification. See Maine Revised Statutes Title 32 Sec. 4171 Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 5 Sec. 17001 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 28-A Sec. 2 Commissioner: 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. 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. Counterclaim: A claim that a defendant makes against a plaintiff. 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 Environmental Protection. See Maine Revised Statutes Title 32 Sec. 4171 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 32 Sec. 4311 Dependent: A person dependent for support upon another. 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 Electronic communication service: means a service that provides to users the ability to send or receive wire or electronic communications. See Maine Revised Statutes Title 16 Sec. 647 Electronic device: means a device that is electric and that enables access to, or use of, an electronic communication service, remote computing service or location information service. See Maine Revised Statutes Title 16 Sec. 647 Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Equine facility: means a boarding stable or commercial riding facility. See Maine Revised Statutes Title 17 Sec. 1011 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. Executor: A male person named in a will to carry out the decedent Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Government entity: means a state or local government agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board or commission or an individual acting or purporting to act for or on behalf of a state or local government agency. See Maine Revised Statutes Title 16 Sec. 641 Government entity: means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board or commission or an individual acting or purporting to act for or on behalf of a state or local agency. See Maine Revised Statutes Title 16 Sec. 647 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. 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 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. 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 Law enforcement officer: means any person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders, to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes, or to perform probation functions or who is an adult probation supervisor as defined in Title 17?A, section 2, subsection 3?C. See Maine Revised Statutes Title 28-A Sec. 2 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 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 Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Location information: means information concerning the location of an electronic device, including both the current location and any prior location of the device, that, in whole or in part, is generated, derived from or obtained by the operation of an electronic device. See Maine Revised Statutes Title 16 Sec. 647 Location information service: means a global positioning service or other mapping, locational or directional information service. See Maine Revised Statutes Title 16 Sec. 647 Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Micropigmentation: 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 Micropigmentation facility: means any space where micropigmentation is practiced. See Maine Revised Statutes Title 32 Sec. 4311 Micropigmentation practitioner: means a person who practices micropigmentation. See Maine Revised Statutes Title 32 Sec. 4311 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 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 28-A Sec. 2 Municipality: means a city, town or plantation. See Maine Revised Statutes Title 17 Sec. 1011 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. Operator: means a person who is certified by the department as being competent to supervise, manage or operate a wastewater treatment plant and to ensure that a wastewater treatment plant is operated in accordance with state law, rules and licenses. See Maine Revised Statutes Title 32 Sec. 4171 Operator in responsible charge: means an operator certified by the department, with a certificate in good standing, at or above the classification for the wastewater treatment plant in which the operator is designated by the wastewater treatment plant owner to be the operator responsible for supervising, managing or operating the wastewater treatment plant and ensuring that the wastewater treatment plant is operated in accordance with state law, rules and licenses. See Maine Revised Statutes Title 32 Sec. 4171 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 the person or entity having the legal title, claim or right to an electronic device. See Maine Revised Statutes Title 16 Sec. 647 Parent: means mother or father. See Maine Revised Statutes Title 5 Sec. 17001 Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001 Partnership: 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. 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 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 Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2 Probable cause: A reasonable ground for belief that the offender violated a specific law. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Remote computing service: means computer storage or processing services provided by means of an electronic communication service. See Maine Revised Statutes Title 16 Sec. 647 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 Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Serious physical injury: means :
A. See Maine Revised Statutes Title 16 Sec. 647Service 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 Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2 Summons: Another word for subpoena used by the criminal justice system. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 User: means a person or entity that uses an electronic device. See Maine Revised Statutes Title 16 Sec. 647 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 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 Wastewater treatment plant: means the facility or group of units provided for the treatment of wastewater to meet the requirements of a state pollutant discharge elimination system permit or a waste discharge license under Title 38, section 413. See Maine Revised Statutes Title 32 Sec. 4171 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 Wholesale spirits provider: means a person that has a contract under section 90 to serve as an agent of the State for the purpose of providing wholesale spirits to establishments licensed by the State to sell spirits for off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 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 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72