Maine law under Chapter 727 establishes the process for handling dogs determined by a court to be dangerous or nuisance dogs. Because dangerous dog cases are among the most serious complaints I handle, understanding how the law works helps residents know when and how to file a complaint. As your Animal Control Officer serving Buckfield, Hartford, Sumner, West Paris, Stoneham, and the Oxford County Unorganized Territories, I investigate these complaints and issue summonses when the evidence supports it.
You can read the full statute at legislature.maine.gov/statutes/7/title7sec3952-A.html.
Self-Defense: When Killing a Dog Is Lawful (7 § 3951)
Before getting into the court process, it is worth noting what the law says about immediate defense. Any person may lawfully kill a dog if necessary to protect themselves, another person, or a domesticated animal during a sudden, unprovoked assault. This provision exists separately from the dangerous dog process and does not require a court proceeding.
How to File a Complaint
Any person who has been assaulted or threatened with bodily injury by a dog may file a written complaint within 30 days of the incident. Witnessing such an assault against a person, a minor, or a domesticated animal also qualifies. So does having property or crops damaged by a dog. Complaints go to the sheriff, a local law enforcement officer, or an animal control officer. For the purposes of this chapter, “domesticated animal” includes livestock as defined in section 3907, subsection 18-A.
After receiving a complaint, a sheriff’s representative, local law enforcement officer, or animal control officer must investigate and document the findings. Following the investigation, the officer may issue a civil violation summons for keeping a dangerous or nuisance dog. Municipalities must keep all records of investigation outcomes for the life of the dog plus two years.
Base Penalty
A person whose dog a court determines to be dangerous or a nuisance commits a civil violation. The court must impose a fine of not less than $250 and not more than $5,000, plus costs. None of these amounts may be suspended. All fines, excluding costs, go to the municipality where the dog resides and into that municipality’s animal welfare account.
Dangerous Dog: What the Court Can Order
When a court finds a dog to be a dangerous dog, it must impose the base fine and may also order any combination of the following.
Euthanasia, but only if the dog has killed, maimed, or inflicted serious bodily injury on a person, or has a history of prior assault or a prior dangerous dog finding, and also presents a clear threat to public safety. Both conditions must be met.
A prohibition on the owner keeping any dogs for a set period, up to permanent, if that person has previously been adjudicated under this section.
Posting of dangerous dog signs around the entrance to the premises, visible from all directions, provided by the department. The owner pays for the signs. Written notice to any service provider with a reasonable expectation of being on the property is also required.
Confinement in a secure enclosure. Maine law defines a secure enclosure as a fence or structure at least 6 feet in height, locked, designed with secure sides, built to prevent the dog from escaping, and built to prevent the entry of young children. The court may also require a secure top and bottom. The court specifies the length of confinement and may make it permanent.
When confined, the dog may only leave the enclosure for veterinary care or to comply with a court order. Outside the enclosure, the dog must be muzzled with a basket-style muzzle and restrained on a leash no longer than 3 feet with a minimum tensile strength of 300 pounds, under direct control of the owner or keeper.
When not in a secure enclosure and off the owner’s premises, the same muzzle and leash requirements apply.
Spaying or neutering. Microchipping within 60 days of the court order. A minimum of $100,000 in liability insurance for the life of the dog. Evaluation by a certified canine behaviorist or certified dog trainer, plus attendance at dog training classes. Immediate notification to the sheriff, local law enforcement, or an animal control officer if the dog escapes.
The court may also order restitution for any damages the dog inflicted.
Nuisance Dog: What the Court Can Order
A nuisance dog finding results in the same base fine. However, the available penalties are more limited than for dangerous dogs. The court may only impose penalties from paragraphs F through K listed above. That means euthanasia and ownership bans are not available for a nuisance dog finding.
Additionally, a dog may only be classified as a nuisance dog once. After two years from the court order, the owner may petition to amend or reduce restrictions by demonstrating compliance and showing the dog no longer poses a risk.
Other Dogs on the Premises
Beyond orders affecting the dangerous or nuisance dog itself, the court may also require the owner to provide the local animal control officer with photographs and descriptions of any other dogs kept on the premises, including sex, breed, age, identifying markings, and microchip numbers. Those other dogs may also be subject to confinement orders.
Immediate Threat Before the Hearing
After a summons is issued but before the court hearing, if the dog poses an immediate or continuing threat to the public, an ACO, sheriff, or local law enforcement officer may give the owner a written order to muzzle, restrain, or confine the dog. Failure to comply with that written order is a civil violation with a fine of $50 to $200 per day of noncompliance.
If the owner still does not comply, law enforcement may apply to the District Court, Superior Court, or a justice of the peace for an ex parte order to take possession of the dog. An ex parte order may also be entered when the dog has inflicted serious bodily injury or when there is a reasonable likelihood the dog is dangerous or vicious, the owner has failed to muzzle or confine it, and that failure poses an immediate threat to the public.
Failure to Comply with Court Orders
Willfully failing to comply with any court order under this section results in a contempt finding. If the owner fails to comply with a euthanasia order within the time set by the court, the court may issue a warrant to law enforcement to have the dog humanely euthanized. The owner pays all costs of supplementary proceedings, seizure, and euthanasia.
Beyond contempt, if an owner refuses or neglects to comply with a court order and their dog wounds a person or kills or wounds a domestic animal, the owner must pay treble damages plus costs in a civil action. Refusing to comply with a court order under subsections 2, 3, 4, or 7 is also a Class D crime. A conviction may result in a prohibition on owning or possessing a dog, which may be permanent.
Prohibited Actions Involving Dangerous Dogs (7 § 3954)
Separate from the court process, the law also prohibits specific actions. No person may transfer ownership of a court-determined dangerous dog without court permission, unless the transfer is to an animal control officer or an animal shelter contracted to euthanize the dog. No person may tether a dog determined by a court to be dangerous or a nuisance. Violating either prohibition is a civil violation with a fine up to $100 plus court costs.
Leaving the Scene of a Dog Assault (7 § 3955)
If a dog assaults a person and causes an injury requiring medical attention, the owner or keeper must take specific steps before leaving the scene. First, secure aid for the injured person, including medical assistance and reporting the assault to local law enforcement. Second, after securing aid, the owner may temporarily leave to contain the dog. Third, after containing the dog, the owner must provide their name, current address, and contact information to the injured person or a law enforcement officer. Violating this section is a Class D crime.
Duty to Notify
Owners of dogs classified as dangerous or nuisance dogs must notify their municipality in writing within 30 days if ownership of the dog transfers, if the dog moves to a new address, or if the dog dies.
Reporting a Dangerous or Nuisance Dog in Oxford County
To file a complaint about a dangerous or nuisance dog in Buckfield, Hartford, Sumner, West Paris, Stoneham, or the Oxford County Unorganized Territories, contact dispatch at 207-743-9554, option 0. For more on related Maine animal laws, see the Animal Control FAQ or the full Maine Laws section.
