Discount Pet Medicine and Pet Supply
 

All Pet Meds | Flea & Tick | Heartworm | Wormers | Arthritis & Joint | Ear Eye | Nutritional   Order Pet Medicines By Phone
1-877-726-1413
Hours
Security Info. | Cart
Home
Bulldog Topics
Features
Pet Medicine
Bowls/Feeders
Grooming
Containment
Beds
Collars/Leashes
Clothing
Books
Bulldog Shop
Sign Guest Map
Contact Info.
Security Info.
Find The Perfect Bulldog Lover Gifts at The Bulldog Press Shop!
 

Maine
Anti-Cruelty Statutes

MAINE REVISED STATUTES
TITLE 7. AGRICULTURE AND ANIMALS
PART 9. ANIMAL WELFARE
CHAPTER 739. CRUELTY TO ANIMALS

§ 4011. Cruelty to animals

1. CRUELTY TO ANIMALS. Except as provided in subsection 1-A, a person, including an owner or the owner's agent, is guilty of cruelty to animals if that person:

  • A. Kills or attempts to kill any animal belonging to another person
    without the consent of the owner or without legal privilege;

    B. Except for a licensed veterinarian or a person certified under
    Title 17, section 1042, kills or attempts to kill an animal by a
    method that does not cause instantaneous death;

    C. Is a licensed veterinarian or a person certified under Title 17,
    section 1042 and that person kills or attempts to kill an animal by a
    method that does not conform to standards adopted by a national
    association of licensed veterinarians;

    D. Injures, overworks, tortures, torments, abandons or cruelly beats
    or intentionally mutilates an animal; gives drugs to an animal with
    an intent to harm the animal; gives poison or alcohol to an animal;
    or exposes a poison with intent that it be taken by an animal. The
    owner or occupant of property is privileged to use reasonable force
    to eject a trespassing animal;

    E. Deprives an animal that the person owns or possesses of necessary
    sustenance, necessary medical attention, proper shelter, protection
    from the weather or humanely clean conditions;

    F. Keeps or leaves a domestic animal on an uninhabited or barren
    island lying off the coast of the State during the month of December,
    January, February or March without providing necessary sustenance and
    proper shelter;

    G. Hunts, traps or sells for the purpose of hunting any animal,
    except as permitted pursuant to Title 7, chapter 202-A and Title
    12, Part 10;

    H. Injects, inserts or causes ingestion of any substance used solely
    to enhance the performance of an animal by altering the animal's
    metabolism to that animal's detriment, including but not limited to
    excessive levels of sodium bicarbonate in equines used for
    competition; or

    I. Kills or tortures an animal to frighten or intimidate a person or
    forces a person to injure or kill an animal.

1-A. ANIMAL CRUELTY. Except as provided in paragraphs A and B, a person is guilty of cruelty to animals if that person kills or attempts to kill a cat or dog.

  • A. A licensed veterinarian or a person certified under Title 17,
    section 1042 may kill a cat or dog according to the methods of
    euthanasia under Title 17, chapter 42, subchapter IV.

    B. A person who owns a cat or dog, or the owner's agent, may kill
    that owner's cat or dog by shooting with a firearm provided the
    following conditions are met.

    - - - 1) The shooting is performed by a person 18 years of age or older
    using a weapon and ammunition of suitable caliber and other
    characteristics to produce instantaneous death by a single shot.

    - - - 2) Death is instantaneous.

    - - -3) Maximum precaution is taken to protect the general public,
    employees and other animals.

    - - -4) Any restraint of the cat or dog during the shooting does not
    cause undue suffering to the cat or dog.

2. AFFIRMATIVE DEFENSES. It is an affirmative defense to this section that:

  • A. The conduct was performed by a licensed veterinarian or was a part
    of scientific research governed by accepted standards;

    B. The conduct was designed to control or eliminate rodents, ants or
    other common pests on the defendant's own property; or

    C. The conduct involved the use of live animals as bait or in the
    training of other animals in accordance with the laws of the
    Department of Inland Fisheries and Wildlife, Title 12, Part 10.

Evidence of proper care of any animal shall not be admissible in the defense of alleged cruelty to other animals.


--------------------------------------------------------------------------------
MAINE REVISED STATUTES
TITLE 17. CRIMES
CHAPTER 42. ANIMAL WELFARE BOARD ACT
SUBCHAPTER III. CRUELTY TO ANIMALS
Current through End of 1995 First Reg. Sess.
§ 1031. Cruelty to animals

1. Cruelty to animals. Except as provided in subsection 1-A, a person, including an owner or the owner's agent, is guilty of cruelty to animals if that person:

A. Kills or attempts to kill any animal belonging to another person without the consent of the owner or without legal privilege;

B. Except for a licensed veterinarian or a person certified under section 1042, kills or attempts to kill an animal by a method that does not cause instantaneous death;

C. If that person is a licensed veterinarian or a person certified under section 1042, kills or attempts to kill an animal by a method that causes undue suffering. The commissioner shall adopt rules that define "undue suffering";

D. Injures, overworks, tortures, torments, abandons or cruelly beats or mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The owner or occupant of property is privileged to use reasonable force to eject a trespassing animal;

E. Deprives an animal that the person owns or possesses of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions; or

F. Keeps or leaves a domestic animal on an uninhabited or barren island lying off the coast of the State during the month of December, January, February or March without providing necessary sustenance and proper shelter.

1-A. Animal cruelty. Except as provided in paragraphs A and B, a person is guilty of cruelty to animals if that person kills or attempts to kill a cat or dog.

A. A licensed veterinarian or a person certified under section 1042 may kill a cat or dog according to the methods of euthanasia under chapter 42, subchapter IV. [FN1]

B. A person who owns a cat or dog, or the owner's agent, may kill that owner's cat or dog by shooting with a firearm provided the following conditions are met.

(1) The shooting is performed by a person 18 years of age or older using a weapon and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot.

(2) Death is instantaneous.

(3) Maximum precaution is taken to protect the general public, employees and other animals.

(4) Any restraint of the cat or dog during the shooting does not cause undue suffering.

2. Affirmative defense. It is an affirmative defense to prosecution under this section that:

A. The defendant's conduct conformed to accepted veterinary practice or was a part of scientific research governed by accepted standards;

B. The defendant's conduct or that of his agent was designed to control or eliminate rodents, ants or other common pests on his own property; or

C. The defendant's conduct involved the use of live animals as bait or in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 10. [FN2]

Evidence of proper care of any animal shall not be admissible in the defense of alleged cruelty to other animals.

3. Penalty. Cruelty to animals is a Class D crime. In addition to any other penalty authorized by law, the court shall impose a fine of not less than $100 for each violation of this section.

4. Criminal or civil prosecution. A person may be arrested or detained for the crime of cruelty to animals in accordance with the rules of criminal procedure. No person may be arrested or detained for the civil violation of cruelty to animals. The attorney for the State shall elect to charge a defendant with the crime of cruelty to animals under this section or the civil violation of cruelty to animals under Title 7, section 4011. In making this election, the attorney for the State shall consider the severity of the cruelty displayed, the number of animals involved, any prior convictions or adjudications of animal cruelty entered against the defendant and such other factors as may be relevant to a determination of whether criminal or civil sanctions will best accomplish the goals of the animal welfare laws in the particular case before the attorney for the State. The election and determination required by this subsection shall not be subject to judicial review. The factors involved in such election and determination are not elements of the criminal offense or civil violation of animal cruelty and are not subject to proof or disproof as prerequisites or conditions for conviction under this subsection or adjudication under Title 7, section 4011.

Back To Sates Index

 

 

 

 
 
 
Bullwrinkle.com Trademark
Copyright © Bullwrinkle.com 2001 - 2012
All Rights Reserved