Sec. 1. 17 MRSA §1011, sub-§23-A is enacted to read:

23-A.__Proper shelter and protection from the weather.__ "Proper shelter" and "protection from the weather" means meeting the minimum indoor standards of shelter or minimum outdoor standards of shelter, as appropriate.

A.__"Minimum indoor standards of shelter" means:

(1)__That ambient temperature must be compatible with the health of the animal; and

(2)__That indoor housing facilities must be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

B.__"Minimum outdoor standards of shelter" means:

(1)__That for animals, not including equines, where sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means must be provided to protect the animal from direct sunlight.__If the animal is tied or caged outside under weather conditions that could adversely affect the health of the animal, a shelter of suitable size and waterproof roof must be provided to protect the animal from the weather and severe cold.__ As used in this paragraph, "caged" does not include farm fencing used to confine farm animals;

(2)__That for livestock, not including equines, either a constructed or natural shelter large enough to accommodate all livestock comfortably at one time must be available.__The shelter must be well drained and protect the livestock from direct sun, rain, sleet, snow, wind or other inclement weather; and

(3)__That for equines, an artificial shelter with a minimum of 3 sides and a waterproof roof, appropriate to the local climatic conditions, must be provided as necessary for the health of the equine.

Minimum standards for shelter, unless otherwise set out in this subsection, are set out in section 1037 and Title 7, section 4015.

SUMMARY

This bill sets forth a definition of proper shelter in the criminal cruelty to animals statute. The proposed language