Maine § 17 §1021 Possession of animals

Maine Statutes

§ 17 §1021 — Possession of animals

Maine § 17 §1021

Title 17CRIMES

Ch. 42ANIMAL WELFARE

This text of Maine § 17 §1021 (Possession of animals) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 17, § 17 §1021 (2026).

Text

1.Possession. A state veterinarian, humane agent, sheriff, deputy sheriff, constable, police officer, animal control officer, person authorized to make arrests or the commissioner may apply to the District Court or the Superior Court for authorization:

2.Notice to owner. If the owner is known, a copy of the application must be served upon the owner with an order of court to appear at a stated time and place to show cause why the animal should not be taken and turned over to the applicant or other suitable person or disposed of humanely.

3.Full hearing. A full hearing must be held within 31 days of application for authorization under subsection 1. The court shall take notice that the evidence in a matter under this subsection is a living animal requiring proper care and nourishment and s

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1.
Possession.
A state veterinarian, humane agent, sheriff, deputy sheriff, constable, police officer, animal control officer, person authorized to make arrests or the commissioner may apply to the District Court or the Superior Court for authorization:
2.
Notice to owner.
If the owner is known, a copy of the application must be served upon the owner with an order of court to appear at a stated time and place to show cause why the animal should not be taken and turned over to the applicant or other suitable person or disposed of humanely.
3.
Full hearing.
A full hearing must be held within 31 days of application for authorization under subsection 1. The court shall take notice that the evidence in a matter under this subsection is a living animal requiring proper care and nourishment and shall advance the matter on the docket and give the matter priority over other cases when the court determines that the interests of justice so require. In the event of a postponement of the original hearing date, the court shall reschedule the matter for full hearing no more than 14 days later than the original hearing date. It is the owner's responsibility at the hearing to show cause why the animal should not be seized permanently or disposed of humanely. If it appears at the hearing that the animal has been abandoned or cruelly treated by its owner or the animal is maimed, disabled, diseased, dehydrated, malnourished or injured, the court shall:
3-A.
Emergency euthanasia.
If an animal in the possession of a humane agent, state veterinarian, sheriff, deputy sheriff, constable, police officer, animal control officer, person authorized to make arrests or the commissioner is in a condition that could cause the animal to suffer while in custody or if the animal is severely sick or severely injured and there is no possibility of recovery, the animal may be euthanized. The custodian of the animal shall submit in writing to the district attorney in the prosecutorial district where the animal is located a written report including a statement from a veterinarian stating the condition of the animal and how continued care could cause greater harm or damage to the animal. An animal euthanized under this subsection must receive a full necropsy to detail the condition of the animal and confirm the veterinarian's diagnosis.
4.
Ex parte order.
An ex parte order shall be as follows.
5.
Seizure for observation and examination.
Seizure of animals for observation and examination is as follows.
5-A.
Seizure by humane agent, state veterinarian or person authorized to make arrests without court order.
A humane agent, state veterinarian or person authorized to make arrests who has reasonable cause to believe that a violation of section 1031 or 1032 has taken place or is taking place may take possession of and retain the cruelly treated animal. Upon taking possession of an animal under this section, the humane agent or the state veterinarian shall present the owner with a notice that:
5-B.
Temporary possession ban.
An owner or keeper of an animal that was lawfully seized or impounded pursuant to this section or section 1034 is prohibited from possessing or acquiring an animal prior to any hearing to determine possession of the animal that was lawfully seized or impounded. Notice of the prohibition under this subsection must be served to the owner or keeper subject to the prohibition. An owner or keeper who violates the prohibition under this subsection commits a civil violation for which a fine of not more than $200 may be adjudged for each day of violation.
6.
Attachment and enforcement of lien.
Attachment and enforcement of liens shall be as follows.

Legislative History

PL 1987, c. 383, §4 (NEW). PL 1987, c. 736, §27 (AMD). PL 1991, c. 779, §§46-48 (AMD). PL 1993, c. 468, §§21,22 (AMD). PL 1993, c. 657, §§45,46 (AMD). PL 1995, c. 490, §§23,24 (AMD). PL 1997, c. 690, §§62-64 (AMD). PL 2007, c. 702, §§41-44 (AMD). PL 2009, c. 573, §1 (AMD). PL 2011, c. 559, Pt. A, §§15, 16 (AMD). RR 2013, c. 2, §30 (COR). PL 2019, c. 237, §§1-5 (AMD). RR 2019, c. 1, Pt. A, §15 (COR).