Maine Statewide Rule
Maine state law: barking dogs and animal noise
Key Facts
- Controlling statute
- 7 MRS Section 3950
- Floor / ceiling
- Floor only - municipalities may go stricter
- Agricultural exemption
- Herding and guard dogs exempt
- Breed-specific bans
- Preempted statewide
Summary
Per 7 MRS Section 3950, Maine municipalities may adopt or retain more stringent barking-dog ordinances than state law; less restrictive local rules are invalid. State law also expressly exempts dogs herding livestock and agricultural guard dogs from municipal barking-dog enforcement.
1. Certain agricultural working dogs exempt from barking dog ordinances. A municipal ordinance, law or regulation that prohibits or limits barking dogs does not apply to dogs engaged in herding livestock or to agricultural guard dogs engaged in protecting livestock or warning the owners of danger to the livestock. For the purposes of this subsection, the term "livestock" has the same meaning as in section 3907, subsection 18-A.
Full Breakdown
7 MRS Section 3950 (Local regulations) is the controlling statewide rule: 'A municipality may adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. Municipalities may not adopt breed-specific ordinances, laws or regulations. Notwithstanding any provision of municipal ordinance, law or regulation to the contrary, a municipal ordinance, law or regulation governing barking dogs may not apply to dogs engaged in herding livestock or to agricultural guard dogs engaged in protecting livestock.' Maine sets no statewide barking-dog decibel limit or duration trigger - the operative rule is set municipally. Habitual barking that constitutes 'loud and unreasonable noise' can also support a Class E disorderly conduct charge under 17-A MRS Section 501-A once an officer orders the noise to cease.
Violations & Penalties
Municipal civil fines (typical Maine range: $25 first offense up to $500 for repeat violations). Owners of dogs declared 'nuisance' or 'dangerous' under 7 MRS Section 3907 et seq. face restraint, confinement, and signage orders.
Frequently Asked Questions
Does Maine state law set a barking-dog limit?
Can my town pass a breed-specific barking ordinance?
Sources
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