EQUINE
ACTIVITIES (HEADING: PL 1991, c. 779, §41 (new)
7 § 4101. Definitions
As used in this chapter, unless the
context otherwise indicates, the following terms have the following meanings.
[1991, c. 779, §41 (new); §60 (aff).]
1. Boarding stable. "Boarding
stable" means a place, building or tract of land in or on which privately
owned equines are kept for their owners in return for a fee.
[1991, c. 779, §41 (new); §60 (aff).]
2. Commercial riding facility.
"Commercial riding facility" means a place, building or tract of land
in or on which equines are kept for the purpose of offering to the public
recreational riding or instruction in riding or driving.
[1991, c. 779, §41 (new); §60 (aff).]
3. Engage in an equine activity.
"Engage in an equine activity" means to ride, train, drive or be a
passenger on an equine, whether mounted or unmounted. "Engage in an equine
activity" does not mean to observe an equine activity or participate in an
equine activity in a capacity other than riding, training, driving or riding as
a passenger on an equine.
[1991, c. 779, §41 (new); §60 (aff).]
4. Equine. "Equine" means a
horse, pony, mule, donkey or hinny. "Equine" does not mean a
standardbred horse owned or kept for harness racing in accordance with Title 8,
chapter 11.
[1991, c. 779, §41 (new); §60 (aff).]
5. Equine activity. "Equine
activity" means one or more of the following:
A. Equine shows, fairs,
competitions, performances or parades that involve any breeds of equines and
any of the equine disciplines, including, but not limited to, dressage,
hunter and jumper horse shows, grand prix jumping, 3-day events, combined
training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance
trail riding, western games and hunting; [1991, c. 779, §41 (new); §60 (aff).]
B. Equine training or teaching
activities; [1991, c. 779, §41 (new); §60 (aff).]
C. Boarding equines; [1991, c. 779,
§41 (new); §60 (aff).]
D. Riding, inspecting or evaluating
an equine belonging to another person, whether or not the owner has received
some monetary consideration or other thing of value for the use of the
equine or is permitting a prospective purchaser of the equine to ride,
inspect or evaluate the equine; and [1991, c. 779, §41 (new); §60 (aff).]
E. Rides, trips, hunts or other
equine activities of any type, however informal or impromptu, that are
sponsored by an equine activity sponsor. [1991, c. 779, §41 (new); §60 (aff).]
"Equine activity" does not
include harness racing.
[1991, c. 779, §41 (new); §60 (aff).]
6. Equine activity sponsor.
"Equine activity sponsor" means an individual, group, club,
partnership or corporation, whether operating for profit or nonprofit, that
sponsors, organizes or provides the facilities for an equine activity,
including, but not limited to: pony clubs; 4-H clubs; hunt clubs; riding clubs;
classes or programs sponsored by a school or college; therapeutic riding
programs; and operators, instructors and promoters of equine facilities at which
equine activities are held, including, but not limited to, stables, clubhouses,
ponyride strings, fairs and arenas.
[1991, c. 779, §41 (new); §60 (aff).]
7. Equine professional. "Equine
professional" means a person engaged for compensation:
A. In instructing a participant or
renting to a participant an equine for the purpose of riding, driving or
being a passenger on the equine; or [1991, c. 779, §41 (new); §60 (aff).]
B. In renting equipment or tack to
a participant. [1991, c. 779, §41 (new); §60 (aff).]
[1991, c. 779, §41 (new); §60
(aff).]
8. Participant. "Participant"
means a person, whether amateur or professional, who directly engages in an
equine activity, whether or not a fee is paid to participate in the equine
activity.
[1991, c. 779, §41 (new); §60 (aff).]
Section History:
1991, c. 779, § 41 (NEW). 1991, c.
779, § 60 (AFF).
7 § 4102. Boarding stables and
commercial riding facilities; equine activities
1. Certification. A person who boards
more than 2 equines for payment or operates a commercial riding facility with
more than 2 equines may apply for certification from the department and receive
a certificate upon completion of the certification process. The certificate
expires December 31st annually.
[1993, c. 650, §1 (amd).]
2. Equine activity permits.
[1993, c. 650, §1 (rp).]
3. Certification; criteria. The
department, in consultation with an advisory committee representing the equine
industry, shall establish criteria for certification. The criteria must include
promotion of the safety of a participant engaged in an equine activity. The
department shall submit the criteria to the joint standing committee of the
Legislature having jurisdiction over agriculture matters at least 6 months
before they become effective for review and comment. The criteria may not become
effective before January 1, 1996.
[1993, c. 650, §1 (amd).]
4. Inspection. The commissioner, a
state humane agent or a veterinarian employed by the State, at any reasonable
time, may enter a boarding stable or commercial riding facility and make
examination and conduct any recognized test for the existence of any contagious
or infectious disease or condition. The department may inspect boarding stables
or commercial riding facilities to determine compliance with the department’s
sanitation, health and other rules.
A veterinarian employed by the State or
any licensed veterinarian may quarantine a boarding stable or commercial riding
facility in person or by registered mail and the quarantine is maintained as
long as the department determines necessary. The decision and order for this
quarantine is not considered licensing or an adjudicatory proceeding under the
Maine Administrative Procedure Act.
[1991, c. 779, §41 (new); §60 (aff).]
5. Equine activity. The department
shall assist the equine industry to develop a plan to organize and promote
equine activity throughout the State.
[1993, c. 650, §2 (new).]
Section History:
1991, c. 779, § 41 (NEW). 1991, c.
779, § 60 (AFF). 1993, c. 650, § 1,2 (AMD).
7 § 4103. Liability for equine
activities
1. Adherence to standards of care.
Adherence by an equine activity sponsor or an equine professional with a valid
certificate issued under section 4102 to the standards of care within the
profession creates a rebuttable presumption that the conduct of the equine
activity sponsor or equine professional was not negligent.
[1993, c. 650, §3 (amd).]
2. Exceptions. Nothing in this section
applies to the horse racing industry or prevents or limits the liability of an
equine activity sponsor or an equine professional:
A. If the equine activity sponsor
or the equine professional:
(1) Provides equipment or tack
to a participant and the equipment or tack causes an injury; or
(2) Provides an equine to a
participant and fails to make reasonable and prudent efforts to
determine the ability of the participant to engage safely in the equine
activity, the ability of the equine to behave safely with the
participant and the ability of the participant to safely manage the
particular equine and an injury occurs; [1991, c. 779, §41 (new); §60
(aff).]
B. If the equine activity sponsor
or the equine professional owns, leases, rents or otherwise is in lawful
possession and control of the land or facilities upon which a participant
sustains injuries because of a dangerous latent condition that was known or
should have been known to the equine activity sponsor or the equine
professional and for which warning signs were not conspicuously posted;
[1991, c. 779, §41 (new); §60 (aff).]
C. If the equine activity sponsor
or equine professional commits an act or omission that constitutes negligent
disregard for the safety of the participant and that act or omission causes
an injury; [1991, c. 779, §41 (new); §60 (aff).]
D. If the equine activity sponsor
or the equine professional intentionally injures the participant; or [1991,
c. 779, §41 (new); §60 (aff).]
E. Under liability provisions as
provided in Title 14, section 221. [1991, c. 779, §41 (new); §60 (aff).]
[1991, c. 779, §41 (new); §60
(aff).]
Section History:
1991, c. 779, § 41 (NEW). 1991, c.
779, § 60 (AFF). 1993, c. 650, § 3 (AMD).
7 § 4104-A. Equine professional;
contracts
1. Statement of inherent risks. A
written contract entered into by an equine professional for the provision of
professional services, instruction or the rental of equipment, tack or an equine
to a participant, whether or not the contract involves equine activities on or
off the location or site of the equine professional’s business, must include a
statement of the inherent risks of equine activities including, but not limited
to:
A. The propensity of an equine to
behave in ways that may result in injury, harm or death to persons on or
around the equine; [1993, c. 650, §5 (new).]
B. The unpredictability of an
equine’s reaction to such things as sounds, sudden movement and unfamiliar
objects, persons or other animals; [1993, c. 650, §5 (new).]
C. Certain hazards, such as surface
or subsurface conditions; [1993, c. 650, §5 (new).]
D. Collisions with other equines or
objects; and [1993, c. 650, §5 (new).]
E. The potential of a participant
to act in a negligent manner that may contribute to injury to the
participant or others, such as failing to maintain control over the equine
or not acting within the participant’s ability. [1993, c. 650, §5 (new).]
[1993, c. 650, §5 (new).]
2. Effective date. This section takes
effect January 1, 1996.
[1993, c. 650, §5 (new).]
Section History:
1993, c. 650, § 5 (NEW).
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