12.6.1302    HOUSING

(1) All wild animals (which includes all wild mammals, birds, and reptiles, whether or not such animal was bred or reared in captivity) held in captivity at roadside menageries, shall be confined at all times in cages of such strength and type of construction that it will be impossible for said animals to escape, and at no time shall any such animals be chained or otherwise tethered to stakes, posts, trees, buildings, or other anchorage, or otherwise impeded from moving freely within the cage or enclosure.

(2) All such cages and enclosures shall be of sufficient size and height to give the animals so confined ample space for exercise and to avoid overcrowding or escape. Each cage or enclosure shall be provided with a weatherproof den, nest box, rest board, perch, or shelter, and such bedding as may be required for the comfort of the species of animals, reptiles, birds, etc., so held in captivity and to protect them against inclement weather. A suitable shield for protection against the hot rays of sun shall also be provided. Where the natural climate of the species of animal being held differs from the climate of the area where the menagerie is located, provisions must be made to adjust holding conditions to the natural habitat.

(3) An effective barrier, well supported, shall be constructed around cages or enclosures on the side or sides where the public may approach them to safeguard the public and the animals from injury. Such cages and fencing shall be kept in good repair at all times, and gates and doors shall be padlocked. No nails or other sharp protrusions which might injure the animal are allowed within the cage.

(4) At least one wall of the enclosure shall be constructed so as to provide a privacy screen and windbreak for the animals confined within the enclosure or cage.

History: 87-4-802, MCA; IMP, 87-4-802, MCA; Eff. 12/31/72.