Local Health Officer Training

Section 6: You Make the Call

Section Study 1- Noisy Cow and Other Animal Concerns (continued)

As you can tell from the language, this law has been around a long time. In the meantime, other laws have come into play.  One such law, Title 17 M.R.S.A.  §2805, can trump the older nuisance law.

Title 17 M.R.S.A.  §2805 deals with farm and agricultural composting operations and allows their use – "providing there is no local ordinance stating otherwise". This "right to farm" language means if the Commissioner of the Department of Agriculture determines that "best management practices" (or BMP) are being followed, the activity will not be considered a nuisance.

In this specific case, the LHO should contact the animal control officer (ACO) and visit the property to discuss the complaint with the owner. If local zoning permits either farming or the owning of a cow(s), a decision has to be made as to the tending to the cow in terms of BMP. If it is determined that farming is allowed by ordinance, and if the cow is part of the farm then the "right to farm" law would permit the cow to be there as long as BMP are maintained. Note: Farming or owning cow(s) are two separate activities.

Sometimes, the best course of action/approach would be to discuss the issue with the owner and to work with the owner on a plan of action. It may be a matter of relocating the cow on the property. If the health of the cow is questioned, a veterinarian may be called in to make a determination of disease.  Remember to prepare using the Standard-LHO complaint flow chart (Word).

Keep in mind that "due process"  is at the forefront of all actions taken by the municipality. The right to due process, found in our Constitution, is the right to be treated fairly by your government. The Constitution protects the individual right to be treated fairly by the state, local or federal government.

Animal Complaints Other than Farming Situations

All municipalities are required to employ an animal control officer (ACO).  In addition, the statute authorizes the ACO to enforce the laws in Title 7, Chapter 725.  Below is a list of the areas/issues in which the ACO has authority to enforce the Law.

 

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