Maine law prohibits any person who owns or is responsible for confining or impounding an animal from failing to provide that animal with proper shelter. They must also provide protection from the weather. Additionally, animals should be kept in humanely clean conditions. This applies to all animals, indoors and outdoors. It includes specific requirements for dogs kept on tethers. It also covers livestock and animals housed in enclosures. I serve as the Animal Control Officer for Buckfield, Hartford, Sumner, West Paris, Stoneham, and the Oxford County Unorganized Territories. Shelter complaints are among the most common welfare concerns I respond to. These complaints occur particularly during winter.
You can read the full statute at legislature.maine.gov/statutes/7/title7sec4015.html.
Indoor Standards
For animals housed indoors, the ambient temperature must be compatible with the health of the animal. Indoor housing must also be adequately ventilated by natural or mechanical means at all times.
Outdoor Standards
Provide sufficient shade when sunlight is likely to cause heat exhaustion of an animal tied or caged outside. Use natural or artificial means to protect the animal from direct sunlight. Farm fencing used to confine livestock does not count as caging for this purpose.
An artificial shelter with a minimum of three sides and a waterproof roof must be provided for shelter from inclement weather. This is necessary for the health of the animal, appropriate to local climate and the species or breed. If a dog is tied or confined unattended outdoors under weather conditions that adversely affect its health, a shelter must be provided. This will accommodate the dog and protect it from severe cold. Inadequate shelter may be indicated by the dog shivering due to cold weather for 10 continuous minutes. Symptoms of frostbite or hypothermia also indicate inadequate shelter. A metal barrel is not adequate shelter for a dog.
Space Standards
All housing facilities must be structurally sound and maintained in good repair to protect the animal from injury and to contain it. Enclosures must be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of overcrowding, debility, stress, or abnormal behavior patterns.
Humanely Clean Conditions
Both indoor and outdoor enclosures must be periodically cleaned. This cleaning removes excretions, waste materials, dirt, and trash. These actions minimize health hazards.
Livestock
Livestock must be provided with shelter suitable for the health of the animal. Except under the rotational grazing exemption described below, livestock must have access to a constructed or natural shelter. The shelter should be large enough to accommodate all livestock comfortably at one time. The shelter should be well drained and protect from direct sun, rain, wind, and other inclement weather. For purposes of this section, livestock includes large game kept at a licensed commercial large game shooting area.
Equines must be provided shelter in accordance with the general outdoor standards under subsection 2, paragraph B, subparagraph 1.
A person is not required to provide shelter for livestock maintained under a rotational grazing system. This is valid as long as the animals do not have injuries or infirmities. Such conditions should not prevent them from accessing food and water. The animals must also be in good body condition. A rotational grazing system involves dividing available pasture into multiple smaller areas during the grazing season. Animals move from one area to another after a period of days or weeks. This movement depends on forage production and quality.
Dogs Confined by Tethering as the Primary Means of Confinement
These standards apply when tethering is the primary means of confinement for a dog. This means the dog is confined by tether for more than 12 hours in any 24-hour period.
The shelter must be fully enclosed except for a portal. The portal must be large enough to allow the dog unimpeded passage in and out. For dogs other than arctic breeds, the portal must include a baffle or similar means of keeping wind and precipitation out of the interior. The shelter must be constructed of materials with a thermal resistance factor of 0.9 or greater and must contain clean bedding sufficient to retain the dog’s normal body heat.
The tether or chain must be attached to the dog. It must also be attached to the anchor using swivels or similar devices. This prevents entanglement or twisting. It must be attached to a well-fitted collar or harness. For most dogs, the tether must be at least five times the length of the dog measured from the tip of the nose to the base of the tail. For sled dogs or dogs used in competition, the tether must be at least 2.5 times the dog’s length if the anchor is stationary, or at least 1.5 times the dog’s length if the anchor is a pivot point allowing 360-degree movement.
Arctic breeds, defined as Siberian Huskies, Alaskan Huskies, Alaskan Malamutes, and other dogs with a double-layered coat bred for arctic climates, are exempt from the portal baffle requirement.
Penalties (7 § 4016)
Violations of this chapter are civil violations. For a first violation the court shall adjudge a civil fine of not less than $500 and not more than $5,000, none of which may be suspended. For a second or subsequent violation the fine is not less than $1,000 and not more than $10,000, none of which may be suspended. The court may also order the person to pay costs of care, housing, and veterinary treatment for the animal, prohibit the person from owning or possessing animals for a period of time up to and including permanent relinquishment, and order a psychological evaluation.
It is an affirmative defense that the animal was kept as part of an agricultural operation in compliance with best management practices for animal husbandry as determined by the department.
Reporting a Shelter Concern
If you have concerns about an animal’s shelter conditions in Buckfield, Hartford, Sumner, West Paris, Stoneham, or the Oxford County Unorganized Territories, contact me through dispatch at 207-743-9554, option 0. For more on Maine animal welfare laws, see the Animal Control FAQ or the full Maine Laws section. For information on animal cruelty laws more broadly, see the Animal Cruelty post.
