Official refusal or neglect of duty

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§3950-A. Official refusal or neglect of duty

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).]

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).


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