(2) If a dog is tied or confined unattended outdoors under weather conditions that adversely affect the health of the dog, a shelter of suitable size with a floor above ground and waterproof roof must be provided to accommodate the dog and protect it from the weather and, in particular, from severe cold. Inadequate shelter may be indicated by the shivering of the dog due to cold weather for a continuous period of 30 minutes. Consideration may be given to the coat of a dog to determine whether or not the shelter is proper.

Sec. 19. 17 MRSA §1037, sub-§2, ¶D is enacted to read:

D.__A tether must be 5 times the length of the dog from the tip of its nose to the base of its tail.__A tether must be attached to a swivel or pulley.__The collar used to attach a dog to a tether may not be a choke type.__The use of the tether to restrain a dog may not result in the frequent entanglement of the dog and may not render the dog incapable of consuming food and water provided for the dog or prevent the dog from moving to adequate shelter.

SUMMARY

Under current law, cruelty to animals is a Class D crime. This bill increases that crime to a Class C crime for a 2nd offense or for a first offense for aggravated cruelty to animals, which is defined as causing extreme physical pain to or maliciously killing or intentionally torturing an animal. The bill includes, under the definition of animal cruelty, the act of killing or torturing an animal to frighten or intimidate a child or forcing a child to injure or kill a domestic animal. The bill requires a juvenile convicted of animal cruelty to receive psychiatric or psychological counseling. The bill also eliminates the section in which a person can lawfully kill that person's own dog or cat. The bill also amends the type of shelter that must be available for a dog to protect it from inclement weather.