Maine Revised Statutes Title 7 Sec. 3950-A – Official refusal or neglect of duty
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1. Violation. A mayor, municipal officer, clerk, town or city manager, administrative assistant to the mayor, town or city councilor, dog recorder of unorganized territories, constable, police officer, sheriff or animal control officer commits a civil violation if that person refuses or intentionally fails to perform the duties imposed by:
A. This chapter; [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Chapter 719; [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. Chapter 720; [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
D. Chapter 721; [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
E. Chapter 725; or [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
F. Chapter 727. [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
Terms Used In Maine Revised Statutes Title 7 Sec. 3950-A
- Animal: means every living, sentient creature not a human being. See Maine Revised Statutes Title 7 Sec. 3907
- Animal control: means control of dogs, cats, and domesticated or undomesticated animals in accordance with section 3948. See Maine Revised Statutes Title 7 Sec. 3907
- Animal control officer: means the person appointed periodically by a municipality pursuant to chapter 725. See Maine Revised Statutes Title 7 Sec. 3907
- Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 3907
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Constable: means a law enforcement officer appointed by municipal officers pursuant to law. See Maine Revised Statutes Title 7 Sec. 3907
- Dog: means a member of the genus and species known as canis familiaris, except that in chapters 720, 721, 725, 727, 729 and 739 "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. See Maine Revised Statutes Title 7 Sec. 3907
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
- Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 7 Sec. 3907
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
2. Penalty. A person who violates subsection 1 commits a civil violation for which a fine of not less than $50 and not more than $500 and costs may be adjudged and, for an animal control officer, revocation of that person’s certification as an animal control officer may be imposed.
[PL 2021, c. 99, §9 (AMD).]
3. Investigation. The commissioner, at the commissioner’s own instance or upon written complaint made to the commissioner by another person, shall investigate an alleged refusal or neglect of duty by a municipal officer.
[PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4. Prosecution. The commissioner shall direct proceedings, actions and prosecutions to be instituted to enforce all laws relating to animals and to the liability of municipal officers and their agents for failure, neglect or refusal to comply with the laws relating to animals.
[PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1995, c. 490, §18 (AMD). PL 1995, c. 557, §2 (AMD). PL 1997, c. 690, §33 (AMD). PL 2003, c. 452, §B21 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2009, c. 343, §22 (AMD). PL 2021, c. 99, §9 (AMD).