o:p> 

TITLE 7.  AGRICULTURE AND ANIMALS

 

PART 9.  ANIMAL WELFARE

 

CHAPTER 717.  ANIMAL WELFARE ACT

 

7 M.R.S. §  3907 (2003)

 

§  3907.  Definitions

 

   As used in this Part, and in every law relating to or affecting animals, unless the context indicates otherwise, the following terms have the following meanings.

 

   1. ACT. "Act" means the Animal Welfare Board Act.

 

   1-A. ABANDONED DOG. "Abandoned dog" means a dog that has been deserted by its owner or keeper.

 

   2. ANIMAL. "Animal" means every living, sentient creature not a human being.

 

   3. ANIMAL CONTROL. "Animal control" means control of dogs, cats, and domesticated or undomesticated animals in accordance with section 3948.

 

   4. ANIMAL CONTROL OFFICER. "Animal control officer" means the person appointed periodically by a municipality pursuant to chapter 725.

 

   5. REPEALED. Laws 1993, c. 657, §  2.

 

   5-A. ANIMAL SHELTER. "Animal shelter" means a facility that includes a physical structure or part of a physical structure that provides temporary or permanent shelter to stray, abandoned, abused or owner-surrendered animals.

 

   6. AT LARGE. "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 animal.

 

   7. BOARD. "Board" means the Animal Welfare Board or its duly authorized agent.

 

   8. BOARDING KENNEL. "Boarding kennel" means any place, building, tract of land or abode in or on which 3 or more privately owned dogs or other pets, or both, are kept at any one time for their owners in return for a fee.

 

   8-A. BREEDING KENNEL. "Breeding kennel" means a facility operated for the purpose of breeding or buying, selling or in any way exchanging dogs or cats for value that exchanges more than 16 dogs or 16 cats in a 12-month period.

 

   9. BUSINESS DAY. "Business day" means any day of the calendar year other than a Saturday, Sunday or legal holiday.

 

   9-A. CAT IDENTIFICATION. "Cat identification" means:

 

     A. A registered microchip used in conjunction with a visible collar

     and tag, with a faceted, reflective ear stud or a tipped or notched

     ear;

 

     B. A collar or collar and tag worn by the cat that provides the

     current name, address and telephone number of the owner; or

 

     C. A collar and tag providing the name and address of the animal

     shelter that issued the tag.

 

   10. CLERK; MUNICIPAL CLERK. "Clerk" or "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.

 

   11. COMMISSIONER. "Commissioner" means the Commissioner of Agriculture, Food and Rural Resources or his duly authorized agent.

 

   12. CONSTABLE. "Constable" means a law enforcement officer appointed by municipal officers pursuant to law.

 

   12-A. REPEALED. Laws 1999, c. 498, §  1.

 

   12-B. FOSTER HOME. "Foster home" means a facility that includes a physical structure or part of a physical structure and that contracts with an animal shelter to provide temporary shelter to stray, abandoned, abused or owner-surrendered animals.

 

   12-C. DOG. "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.

 

   12-D. DANGEROUS DOG. "Dangerous dog" means a dog that bites an individual who is not trespassing on the dog owner's or keeper's premises at the time of the bite or a dog that causes a reasonable and prudent person who is not on the dog owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent bodily injury by assaulting or threatening to assault that individual or individual's domestic animal. "Dangerous dog" does not include a dog certified by the State and used for law enforcement use.

 

For the purposes of this definition, "dog owner's or keeper's premises" means the residence or residences, including buildings and land and motor vehicles, belonging to the owner or keeper of the dog.

 

   13. GUIDE DOG OR HEARING DOG KEPT FOR BREEDING PURPOSES. "Guide dog or hearing 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 guide dogs or hearing dogs and living with a resident of the State.

 

   14. GUIDE DOG OR HEARING DOG KEPT PRIOR TO TRAINING. "Guide dog or hearing 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 guide dog or hearing dog and living temporarily with a resident of the State prior to training.

 

   15. HUMANE AGENT. "Humane agent" means an employee of the department who assists in enforcing this Part.

 

   15-A. REPEALED. Laws 1993, c. 657, §  4.

 

   16. KEEPER. "Keeper" means a person in possession or control of a dog or other animal. A person becomes the keeper of a stray domesticated animal, other than a dog or livestock, if the person feeds that animal for at least 10 consecutive days.

 

   17. KENNEL. "Kennel" means one pack or collection of dogs or wolf hybrids kept in a single location under one ownership for breeding, hunting, show, training, field trials and exhibition purposes.

 

   18. LAW ENFORCEMENT OFFICER. "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.

 

   18-A. LIVESTOCK. "Livestock" means cattle, equines, sheep, goats, swine and domesticated deer, fowl and rabbits.

 

   19. MUNICIPALITY. "Municipality" means an organized city, town or plantation.

 

   20. MUTILATE. "Mutilate" 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.

 

   21. OWNER. "Owner" means a person owning, keeping or harboring a dog or other animal.

 

   22. PERSON. "Person" means an individual, corporation, partnership, association or any other legal entity.

 

   22-A. REPEALED. Laws 1997, c. 690, §  6.

 

   22-B. PET. "Pet" means a dog, cat or other domesticated animal commonly kept as a companion, but does not include tamed animals that are ordinarily considered wild animals or livestock.

 

   23. PET SHOP. "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.

 

   24. RESPECTIVE MUNICIPALITY. "Respective municipality" means, in the case of towns, plantations and cities, the municipality where the dog or ferret is found; in the case of unorganized territories, the municipality near or adjacent to the unorganized territory where the dog or ferret is found; or the designee of that municipality.

 

   25. REPEALED. Laws 1993, c. 657, §  10.

 

   25-A. STRAY. "Stray" means off the owner's premises and not under the control of a person.

 

   26. TORMENT, TORTURE AND CRUELTY. "Torment, torture and cruelty" means every act, omission or neglect, whether by the owner or any other person, where unjustifiable physical pain, suffering or death is caused or permitted.

 

   26-A. UNORGANIZED TERRITORY. "Unorganized territory" means all areas located within the jurisdiction of the State, except areas located within organized cities and towns, and Indian reservations. "Unorganized territory" does not include plantations.

 

   27. VERTEBRATE. "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.

 

   28. WARRANT. "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.

 

   29. WELL CARED FOR. "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.

 

   30. WOLF HYBRID. "Wolf hybrid" means a mammal that is the offspring of the reproduction between a species of wild canid or wild canid hybrid and a domestic dog or wild canid hybrid. "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.