Maine Revised Statutes Title 7 Sec. 3922 – Issuance of license
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1. License; January 1st. Each owner or keeper of a dog at the age of 6 months or more, on or before January lst of each year, shall obtain a license:
A. From the clerk of the municipality where the dog is kept; [PL 2001, c. 422, §6 (AMD).]
B. From the dog recorder in the unorganized territory where the dog is kept or, in the absence of a duly authorized dog recorder, from a dog recorder in the nearest municipality or unorganized territory in the same county where the dog is kept; [PL 2003, c. 405, §10 (AMD).]
D. From the department using the Internet in accordance with section 3923?G. [PL 2003, c. 405, §12 (NEW).]
[PL 2013, c. 115, §9 (AMD).]
Terms Used In Maine Revised Statutes Title 7 Sec. 3922
- Animal: means every living, sentient creature not a human being. See Maine Revised Statutes Title 7 Sec. 3907
- Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 3907
- Dangerous dog: means a dog or wolf hybrid that causes the death of or inflicts serious bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury or death; a dog or wolf hybrid that causes a reasonable and prudent person who is not on the dog or wolf hybrid owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent serious bodily injury by assaulting or threatening to assault that individual or individual's domesticated animal; or a dog or wolf hybrid that inflicts bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury and has previously been determined by a court of competent jurisdiction to be a nuisance dog. See Maine Revised Statutes Title 7 Sec. 3907
- Dog: means a member of the genus and species known as canis familiaris, except that in chapters 720, 721, 725, 727, 729 and 739 "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. See Maine Revised Statutes Title 7 Sec. 3907
- 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.
- 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 7 Sec. 3907
- 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 Part. See Maine Revised Statutes Title 7 Sec. 3907
- Municipality: means an organized city, town or plantation. See Maine Revised Statutes Title 7 Sec. 3907
- Nuisance dog: means a dog or wolf hybrid that causes bodily injury, other than serious bodily injury, to an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury; a dog or wolf hybrid that causes a reasonable and prudent person who is not on the dog or wolf hybrid owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear bodily injury, other than serious bodily injury, by assaulting or threatening to assault that individual or individual's domesticated animal; or a dog or wolf hybrid that causes damage to property or crops not owned by the dog or wolf hybrid owner or keeper while the dog or wolf hybrid is not on the owner's or keeper's premises. See Maine Revised Statutes Title 7 Sec. 3907
- Owner: means a person owning, keeping or harboring a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907
- Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 7 Sec. 3907
- 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 7 Sec. 3907
- Unorganized territory: means all areas located within the jurisdiction of the State, except areas located within organized cities and towns, and Indian reservations. See Maine Revised Statutes Title 7 Sec. 3907
- 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 7 Sec. 3907
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. License; after January 1st. The owner or keeper, within 10 days of the conditions of paragraph A or B being met, shall obtain a license, if between January lst and October 15th of any year:
A. A dog reaches the age of 6 months or more; or [PL 1997, c. 690, §14 (AMD).]
B. A person becomes the owner or keeper of a dog aged 6 months or more. [PL 1997, c. 690, §14 (AMD).]
[PL 1997, c. 690, §14 (AMD).]
3. Proof of immunization. A municipal clerk may not issue a license for a dog until the applicant has filed with the clerk proof that the dog has been immunized against rabies in accordance with rules adopted by the Commissioner of Health and Human Services, except that the requirement of immunization may be waived by the clerk under conditions set forth by the Commissioner of Health and Human Services.
The commissioner shall adopt rules that allow the clerk and the commissioner to accept valid proof of immunization against rabies provided by another state.
[PL 2007, c. 439, §12 (AMD).]
3-A. Exception to immunization requirement for wolf hybrids.
[PL 2007, c. 439, §13 (RP).]
3-B. Proof of permanent identification and other restrictions on licensing a wolf hybrid. A municipal clerk may not issue a license for a wolf hybrid until the applicant has filed with the clerk proof that:
A. The wolf hybrid has been permanently identified in accordance with section 3921?A; [PL 2011, c. 100, §11 (NEW).]
B. The wolf hybrid has been spayed or neutered; and [PL 2011, c. 100, §11 (NEW).]
C. The wolf hybrid was licensed in this State in 2011 by:
(1) June 1, 2011 if the wolf hybrid was 6 months old or older on June 1, 2011; or
(2) December 31, 2011 if the wolf hybrid was less than 6 months old on June 1, 2011. [PL 2011, c. 100, §11 (NEW).]
[PL 2011, c. 100, §11 (AMD).]
4. Service dogs. If a service dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk may not register the dog nor issue to its owner or keeper a license unless the applicant presents written evidence to the municipal clerk that the dog meets the definition of “service dog.” For the purpose of this subsection, “written evidence” means a service dog certification form approved by the department in consultation with the Maine Human Rights Commission.
[PL 2019, c. 437, §1 (AMD).]
5. Form of license. The license must state the breed, sex, color and markings of the dog, whether the animal is a dog or wolf hybrid, whether the dog has been determined by a court of competent jurisdiction to be a dangerous dog or a nuisance dog and the name and address of the owner or keeper. If the person applying for a license declares that the dog is a wolf hybrid, the license must state that the dog is a wolf hybrid. The license must be issued in triplicate and the original must be given to the applicant and the remaining 2 copies must be retained by the municipal clerk or dog recorder.
[PL 2017, c. 404, §5 (AMD).]
6. Designation of wolf hybrid. An owner or keeper of a dog declared as a wolf hybrid may not change the license designation. A dog that has been declared a wolf hybrid must be treated as a wolf hybrid in accordance with Title 22, chapter 251, subchapter 5. The procedure prescribed under Title 22, chapter 251, subchapter 5 for a wolf hybrid suspected of having rabies does not change based on proof that the wolf hybrid has received a rabies vaccination.
[PL 2007, c. 439, §14 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1987, c. 643, §2 (AMD). PL 1993, c. 468, §25 (AMD). PL 1993, c. 657, §§20,21 (AMD). PL 1995, c. 409, §4 (AMD). PL 1997, c. 690, §14 (AMD). PL 1997, c. 704, §§7-10 (AMD). PL 2001, c. 129, §3 (AMD). PL 2001, c. 422, §§6,7 (AMD). PL 2003, c. 405, §§10-12 (AMD). PL 2003, c. 689, §B7 (REV). PL 2007, c. 439, §§12-14 (AMD). PL 2007, c. 664, §11 (AMD). PL 2011, c. 100, §11 (AMD). PL 2013, c. 115, §9 (AMD). PL 2017, c. 404, §5 (AMD). PL 2019, c. 437, §1 (AMD).