Part 9: ANIMAL WELFARE HEADING: PL 1987, C. 383, §3 (NEW)
Chapter 741: ANIMAL TRESPASS HEADING: PL 1989, C. 91 (NEW)
§4041. Animal trespass
1. Definitions.
[ 1999, c. 254, §15 (RP) .]
1-A. Trespass. An owner or keeper of an animal may not allow that animal to enter onto or remain on the property of another or unattended on any local, county or state road or highway after the owner or keeper has been informed by a law enforcement officer or animal control officer that that animal was found on that property or on that local, county or state road or highway.
[ 2009, c. 548, §4 (AMD) .]
2. Removal. The owner or keeper of an animal is responsible, at the owner's or keeper's expense, for removing any animal found trespassing. An animal control officer or law enforcement officer may, at the owner's or keeper's expense, remove and control an animal found trespassing if:
A. The owner or keeper fails to remove the animal after having been notified by an animal control officer or law enforcement officer that the animal was trespassing; or [1999, c. 254, §15 (AMD).]
B. The animal is an immediate danger to itself, persons or another's property. [1999, c. 254, §15 (AMD).]
[ 1999, c. 254, §15 (AMD) .]
3. Civil violation. A person commits a civil violation if an animal owned or kept by that person is found trespassing and:
A. That person fails to remove the animal within 12 hours, or immediately if public safety is threatened, after having been personally notified by an animal control officer or law enforcement officer that the animal was trespassing. [2007, c. 439, §30 (AMD).]
B. [1999, c. 254, §15 (RP).]
[ 2007, c. 439, §30 (AMD) .]
4. Fine. A fine of not less than $50 nor more than $500 must be adjudged for a civil violation under subsection 3. In addition, the court may as part of the sentencing include an order of restitution for costs incurred in removing and controlling the animal. When appropriate, the court may order restitution to the property owner based on damage done and financial loss. Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the owner against the offender based on the same facts. When an owner or keeper violates this section 3 or more times within a 90-day period, the court shall order restitution of all costs incurred by the department in assisting an animal control officer or law enforcement officer responding to a violation of this section.
[ 2009, c. 548, §5 (AMD) .]
5. Exemption. A person is not liable under this section if, at the time of the alleged trespass, that person was licensed or privileged to allow the animal to be on the property.
[ 1999, c. 254, §15 (AMD) .]
6. Definition. For purposes of this section, the term "animal" does not include cats.
[ 2001, c. 15, §1 (NEW) .]
SECTION HISTORY
1989, c. 91, (NEW). 1995, c. 351, §5 (AMD). 1997, c. 104, §1 (AMD). 1997, c. 690, §§47-49 (AMD). 1999, c. 254, §15 (AMD). 2001, c. 15, §1 (AMD). 2007, c. 439, §29 (AMD). 2007, c. 439, §30 (AMD). 2009, c. 548, §§4, 5 (AMD).
Part 9: ANIMAL WELFARE HEADING: PL 1987, C. 383, §3 (NEW)
Chapter 741: ANIMAL TRESPASS HEADING: PL 1989, C. 91 (NEW)
§4041. Animal trespass
1. Definitions.
[ 1999, c. 254, §15 (RP) .]
1-A. Trespass. An owner or keeper of an animal may not allow that animal to enter onto or remain on the property of another or unattended on any local, county or state road or highway after the owner or keeper has been informed by a law enforcement officer or animal control officer that that animal was found on that property or on that local, county or state road or highway.
[ 2009, c. 548, §4 (AMD) .]
2. Removal. The owner or keeper of an animal is responsible, at the owner's or keeper's expense, for removing any animal found trespassing. An animal control officer or law enforcement officer may, at the owner's or keeper's expense, remove and control an animal found trespassing if:
A. The owner or keeper fails to remove the animal after having been notified by an animal control officer or law enforcement officer that the animal was trespassing; or [1999, c. 254, §15 (AMD).]
B. The animal is an immediate danger to itself, persons or another's property. [1999, c. 254, §15 (AMD).]
[ 1999, c. 254, §15 (AMD) .]
3. Civil violation. A person commits a civil violation if an animal owned or kept by that person is found trespassing and:
A. That person fails to remove the animal within 12 hours, or immediately if public safety is threatened, after having been personally notified by an animal control officer or law enforcement officer that the animal was trespassing. [2007, c. 439, §30 (AMD).]
B. [1999, c. 254, §15 (RP).]
[ 2007, c. 439, §30 (AMD) .]
4. Fine. A fine of not less than $50 nor more than $500 must be adjudged for a civil violation under subsection 3. In addition, the court may as part of the sentencing include an order of restitution for costs incurred in removing and controlling the animal. When appropriate, the court may order restitution to the property owner based on damage done and financial loss. Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the owner against the offender based on the same facts. When an owner or keeper violates this section 3 or more times within a 90-day period, the court shall order restitution of all costs incurred by the department in assisting an animal control officer or law enforcement officer responding to a violation of this section.
[ 2009, c. 548, §5 (AMD) .]
5. Exemption. A person is not liable under this section if, at the time of the alleged trespass, that person was licensed or privileged to allow the animal to be on the property.
[ 1999, c. 254, §15 (AMD) .]
6. Definition. For purposes of this section, the term "animal" does not include cats.
[ 2001, c. 15, §1 (NEW) .]
SECTION HISTORY
1989, c. 91, (NEW). 1995, c. 351, §5 (AMD). 1997, c. 104, §1 (AMD). 1997, c. 690, §§47-49 (AMD). 1999, c. 254, §15 (AMD). 2001, c. 15, §1 (AMD). 2007, c. 439, §29 (AMD). 2007, c. 439, §30 (AMD). 2009, c. 548, §§4, 5 (AMD).
Part 9: ANIMAL WELFARE HEADING: PL 1987, C. 383, §3 (NEW)
Chapter 741: ANIMAL TRESPASS HEADING: PL 1989, C. 91 (NEW)
§4041. Animal trespass
1. Definitions.
[ 1999, c. 254, §15 (RP) .]
1-A. Trespass. An owner or keeper of an animal may not allow that animal to enter onto or remain on the property of another or unattended on any local, county or state road or highway after the owner or keeper has been informed by a law enforcement officer or animal control officer that that animal was found on that property or on that local, county or state road or highway.
[ 2009, c. 548, §4 (AMD) .]
2. Removal. The owner or keeper of an animal is responsible, at the owner's or keeper's expense, for removing any animal found trespassing. An animal control officer or law enforcement officer may, at the owner's or keeper's expense, remove and control an animal found trespassing if:
A. The owner or keeper fails to remove the animal after having been notified by an animal control officer or law enforcement officer that the animal was trespassing; or [1999, c. 254, §15 (AMD).]
B. The animal is an immediate danger to itself, persons or another's property. [1999, c. 254, §15 (AMD).]
[ 1999, c. 254, §15 (AMD) .]
3. Civil violation. A person commits a civil violation if an animal owned or kept by that person is found trespassing and:
A. That person fails to remove the animal within 12 hours, or immediately if public safety is threatened, after having been personally notified by an animal control officer or law enforcement officer that the animal was trespassing. [2007, c. 439, §30 (AMD).]
B. [1999, c. 254, §15 (RP).]
[ 2007, c. 439, §30 (AMD) .]
4. Fine. A fine of not less than $50 nor more than $500 must be adjudged for a civil violation under subsection 3. In addition, the court may as part of the sentencing include an order of restitution for costs incurred in removing and controlling the animal. When appropriate, the court may order restitution to the property owner based on damage done and financial loss. Any restitution ordered and paid must be deducted from the amount of any judgment awarded in a civil action brought by the owner against the offender based on the same facts. When an owner or keeper violates this section 3 or more times within a 90-day period, the court shall order restitution of all costs incurred by the department in assisting an animal control officer or law enforcement officer responding to a violation of this section.
[ 2009, c. 548, §5 (AMD) .]
5. Exemption. A person is not liable under this section if, at the time of the alleged trespass, that person was licensed or privileged to allow the animal to be on the property.
[ 1999, c. 254, §15 (AMD) .]
6. Definition. For purposes of this section, the term "animal" does not include cats.
[ 2001, c. 15, §1 (NEW) .]
SECTION HISTORY
1989, c. 91, (NEW). 1995, c. 351, §5 (AMD). 1997, c. 104, §1 (AMD). 1997, c. 690, §§47-49 (AMD). 1999, c. 254, §15 (AMD). 2001, c. 15, §1 (AMD). 2007, c. 439, §29 (AMD). 2007, c. 439, §30 (AMD). 2009, c. 548, §§4, 5 (AMD).
