§ 17 §1037 — Proper shelter; protection from the weather and humanely clean conditions

No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter, protection from the weather or humanely clean conditions as prescribed in this section.
1.
Indoor standards.
Minimum indoor standards of shelter shall be as follows.
2.
Outdoor standards.
Minimum outdoor standards of shelter shall be as follows.
3.
Space standards.
Minimum space requirements for both indoor and outdoor enclosures shall include the following.
4.
Humanely clean conditions.
Minimum standards of sanitation necessary to provide humanely clean conditions for both indoor and outdoor enclosures shall include periodic cleanings to remove excretions and other waste materials, dirt and trash to minimize health hazards.
5.
Livestock.
Livestock must be provided with shelter suitable for the health of the animal. Except as provided in subsection 5‑A, livestock must have access to a constructed or natural shelter that is large enough to accommodate all livestock comfortably at one time. The shelter should be well drained and protect the livestock from direct sun, rain, wind and other inclement weather. Notwithstanding this subsection, shelter for equines must be provided in accordance with subsection 2, paragraph B, subparagraph (1). For purposes of this subsection, "livestock" includes large game as defined in Title 7, section 1341, subsection 5 kept at a licensed commercial large game shooting area as defined in Title 7, section 1341, subsection 1.
5-A.
Livestock maintained under a rotational grazing system.
Notwithstanding subsection 5, a person is not required to provide shelter for livestock while the animals are maintained under a rotational grazing system as long as the animals do not have injuries or infirmities that prevent them from accessing food and water and are in good body condition. For the purposes of this subsection, "rotational grazing system" means the practice of dividing up available pasture into multiple smaller areas during grazing season when pasture is available to meet the dietary requirements of the animals and subsequently moving the animals from one area to another after a number of days or weeks as determined by forage production and quality.
6.
Penalty.
Failure to provide shelter in accordance with this section is a Class D crime.
7.
Dogs confined by tethering for long time periods.
In addition to the requirements of subsection 2, paragraph B, subparagraph (2), when tethering is the primary means of confinement for a dog, the standards for shelter and tethering are as follows:

Legislative History

PL 1987, c. 383, §4 (NEW). PL 1997, c. 456, §§17-19 (AMD). PL 1999, c. 254, §25 (AMD). PL 1999, c. 765, §12 (AMD). PL 2005, c. 340, §§3,4 (AMD). PL 2007, c. 702, §§49, 50 (AMD). PL 2009, c. 343, §26 (AMD). PL 2011, c. 76, §§4-6 (AMD).