Section 001-703-8 - Facilities, outdoor(a)Shelter from sunlight. When sunlight is likely to cause overheating or discomfort of the elephants, sufficient shade by natural or artificial means shall be provided to allow all elephants kept outdoors to protect themselves from direct sunlight.(b)Shelter from inclement weather. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided for all elephants kept outdoors to afford them protection and to prevent discomfort to such elephants. Individual elephants shall be acclimated before they are exposed to the extremes of the individual climate.(c)Drainage. A suitable method shall be provided to rapidly eliminate excess water. The method of drainage shall comply with applicable Federal, State, and local laws and regulations relating to pollution control or the protection of the environment.(d)Perimeter fence. All outdoor housing facilities (i.e., facilities not entirely indoors) must be enclosed by a perimeter fence that is of sufficient height to keep unauthorized persons out. Fences less than 8 feet high must be approved in writing by the Department. The fence must be constructed so that it protects the elephants in the facility by restricting the elephants and unauthorized persons from going through it or under it and having contact with the elephants in the facility. A perimeter fence is not required:
(1) Where the outside walls of the primary enclosure are made of sturdy, durable material, which may include certain types of concrete, wood, plastic, metal, or glass, and which are high enough and constructed in a manner that restricts the elephants to the facility and restricts entry by unauthorized persons as approved by the Department in writing; or(2) Where an effective natural barrier is in place that restricts the elephants to the facility; protects the outdoor housing facility and restricts entry by unauthorized persons as approved by the Department in writing;(3) Where appropriate alternative security measures are employed as approved by the Department in writing; or(4) For traveling facilities where appropriate alternative security measures are employed.01-001 C.M.R. ch. 703, § 8