Maine state law: breed-specific bans expressly preempted (7 MRS § 3950)

Per 7 MRS § 3950 (Local regulations): '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.' Maine state law thus EXPRESSLY PREEMPTS breed-specific bans by all municipalities, no Maine city or town may enact a pit-bull ban, a Rottweiler ban, or any other dog-breed-specific restriction. Dangerous-dog declarations and restraint orders under 7 MRS § 3952 et seq. (formerly 3907 et seq.) must be based on individual-dog behavior (bite history, aggressive conduct), not on breed. Owners of a dog declared dangerous must comply with court-ordered restraint, confinement, signage, insurance, and registration conditions or face misdemeanor liability. The result: housing providers, insurance carriers, and tenants in Maine cannot rely on a municipal breed ban, the inquiry is always behavior-based.

There is no penalty for owning a breed in Maine: the penalty falls on a municipality that attempts to enforce a breed-specific ordinance (such an ordinance is void by operation of 7 MRS § 3950). Individual dangerous-dog violations (failure to restrain, missing insurance, signage) are misdemeanors with fines and potential dog forfeiture under 7 MRS § 3952 et seq.