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A05854 Summary:

Amd §353-b, add §352, Ag & Mkts L
Relates to dog tethering and restraint restrictions and outdoor shelter requirements for dogs that are left outdoors.
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A05854 Actions:

03/23/2023referred to agriculture
04/13/2023amend and recommit to agriculture
04/13/2023print number 5854a
01/03/2024referred to agriculture
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A05854 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Brabenec
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to tether- ing restrictions and proper outdoor shelter for dogs   PURPOSE OR GENERAL IDEA OF BILL: This bill establishes restrictions on the tethering of animals.   SUMMARY OF PROVISIONS: Section one amends the agriculture and markets law by adding a new section 353-b. Section two adds a new section, section 352. Section three sets for the effective date.   JUSTIFICATION: While some restrictions on the tethering of dogs are codified and enforced in New York State, and even. more specific restrictions have been passed by some local governments, many of these restrictions are vague, contradictory or unnecessarily complicated. This bill would require dog owners to provide adequate shelter and prohibit the unlawful tethering of dogs, especially in extreme temperatures and weather, and setting forth proper tethering specifications and techniques.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: This bill shall take effect immediately.
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A05854 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     March 23, 2023
        Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
          tee  on  Agriculture  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the agriculture and markets law, in relation to  tether-
          ing restrictions and proper outdoor shelter for dogs

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 353-b of the agriculture and markets law, as  added
     2  by chapter 594 of the laws of 2003, is amended to read as follows:
     3    §  353-b.  Appropriate shelter for dogs left outdoors. 1. For purposes
     4  of this section:
     5    (a) "Physical condition" shall include any special medical needs of  a
     6  dog due to disease, illness, injury, age, or breed about which the owner
     7  or person with custody or control of the dog should reasonably be aware.
     8    (b)  "Inclement weather" shall mean weather conditions that are likely
     9  to adversely affect the health or safety of the dog, including  but  not
    10  limited to rain, sleet, ice, snow, hail, wind, or extreme heat and cold.
    11    (c)  "Extreme  heat  or  cold"  shall  mean temperatures of thirty-two
    12  degrees Fahrenheit or below, or ninety degrees Fahrenheit or above.
    13    (d) "Dogs that are left outdoors" shall mean dogs that are outdoors in
    14  inclement weather without ready access to, or the ability  to  enter,  a
    15  house,  apartment  building,  office  building,  or  any other permanent
    16  structure that complies with the standards enumerated in  paragraph  (b)
    17  of subdivision three of this section.
    18    2.  (a) Any person who owns or has custody or control of a dog that is
    19  left outdoors for more than thirty minutes shall provide it with contin-
    20  uous access to shelter appropriate to its breed, physical condition, and
    21  the climate. Any person who knowingly violates the  provisions  of  this
    22  section shall be guilty of a violation, punishable by a fine of not less
    23  than  fifty  dollars  nor  more  than  one  hundred  dollars for a first
    24  offense, and a fine of not less than one hundred dollars nor  more  than
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5854--A                          2
     1  two  hundred  fifty dollars for a second and subsequent offenses. Begin-
     2  ning seventy-two hours after a charge of violating  this  section,  each
     3  day  that a defendant fails to correct the deficiencies in the dog shel-
     4  ter  for  a  dog that he or she owns or that is in his or her custody or
     5  control and that is left outdoors, so as to  bring  it  into  compliance
     6  with the provisions of this section shall constitute a separate offense.
     7    (b)  The  court  may, in its discretion, reduce the amount of any fine
     8  imposed for a violation of this section by the amount which the  defend-
     9  ant  proves  he or she has spent providing a dog shelter or repairing an
    10  existing dog shelter so that it complies with the requirements  of  this
    11  section.  Nothing  in  this paragraph shall prevent the seizure of a dog
    12  for a violation of this section pursuant to  the  authority  granted  in
    13  this article.
    14    3. Minimum standards for determining whether shelter is appropriate to
    15  a dog's breed, physical condition and the climate shall include:
    16    (a)  For  dogs  that  are  restrained in any manner outdoors, shade by
    17  natural or artificial means to protect the dog from exposure  to  direct
    18  sunlight,  hot pavement, or any other hot surface at all times when such
    19  exposure [to sunlight] is likely to threaten the health of the dog.
    20    (b) For all dogs that are left outdoors in inclement weather, a  hous-
    21  ing facility, which must:
    22    (1) have a waterproof roof;
    23    (2)  be structurally sound and in good repair, with no sharp points or
    24  edges;
    25    (3) be in an upright position at all times;
    26    (4) have adequate ventilation sufficient to allow the  dog  to  remain
    27  dry and maintain a normal body temperature;
    28    (5)  have a floor, insulation appropriate to local climatic conditions
    29  and sufficient to protect the dog from inclement weather and  allow  the
    30  dog  to  maintain  a  normal  body temperature, and, if under thirty-two
    31  degrees Fahrenheit, a windbreak;
    32    [(3)] (6) be located reasonably away from flood areas and  cleared  of
    33  snow, precipitation, and debris;
    34    (7)  be  constructed to allow each dog adequate freedom of movement to
    35  make normal postural adjustments, including the  ability  to  stand  up,
    36  turn  around,  and  lie  down  with  its limbs outstretched, and provide
    37  sufficient space such that when the dog is in a normal sitting position,
    38  the top of its head cannot touch the shelter ceiling;
    39    (8) allow the dog access to clean,  potable  water,  and  exposure  to
    40  natural  or  artificial light consistent with a regular cycle of day and
    41  night; and
    42    [(4)] (9) allow for effective removal of excretions, other waste mate-
    43  rial[;], dirt, and trash. The housing facility and the area  immediately
    44  surrounding  it  shall  be  regularly  cleaned to maintain a healthy and
    45  sanitary environment and to minimize health hazards.
    46    4. Shelter appropriate to a dog's breed, physical condition,  and  the
    47  climate shall not include:
    48    (a)  a  crawl  space  under  a building or part of a building, such as
    49  under steps, a deck, or a stoop;
    50    (b) the space under a vehicle; or
    51    (c) a structure:
    52    (1) made from pressure treated wood containing arsenic or chromium;
    53    (2) that is located outdoors and made from cardboard or other  materi-
    54  als that are easily degraded by the elements; or
    55    (3)  with  a floor consisting of wire or chain-link or having openings
    56  through which the paw or foot of a dog can pass.

        A. 5854--A                          3
     1    5. Inadequate shelter may be indicated by the appearance of the  hous-
     2  ing  facility  itself,  including  but  not limited to, size, structural
     3  soundness, evidence of crowding within the housing  facility,  healthful
     4  environment in the area immediately surrounding such facility, or by the
     5  appearance or physical condition of the dog.
     6    [5.]  6.  Upon  a finding of any violation of this section, any dog or
     7  dogs seized pursuant to the provisions of this  article  that  have  not
     8  been  voluntarily  surrendered  by  the  owner or custodian or forfeited
     9  pursuant to court order shall be returned to the owner or custodian only
    10  upon proof that appropriate shelter as required by this section is being
    11  provided.
    12    [6.] 7. Nothing in this section  shall  be  construed  to  affect  any
    13  protections afforded to dogs or other animals under any other provisions
    14  of this article.
    15    §  2.  The  agriculture  and  markets  law  is amended by adding a new
    16  section 352 to read as follows:
    17    § 352. Unlawful tethering of dogs. 1. For purposes  of  this  section,
    18  "unoccupied  or  vacant property" means property that is devoid of human
    19  inhabitants or occupants, or on which people do not regularly reside  or
    20  operate a business.
    21    2. A person shall not tether or restrain a dog:
    22    (a)  in any manner or to any dog house, tree, fence, vehicle, or other
    23  stationary object for a period exceeding four non-consecutive increments
    24  of thirty minutes in a twenty-four hour period when not under the direct
    25  supervision of the owner of the dog or responsible person  with  custody
    26  or control of such dog;
    27    (b) if the dog is ill, suffering from a debilitating disease, injured,
    28  or in distress, or is a nursing female, or is less than six months old;
    29    (c) on unoccupied or vacant property, or any structure thereon;
    30    (d) with a tether on which more than one dog is restrained;
    31    (e)  with  a  tether length of less than three times the length of the
    32  size of the dog, as measured from such dog's nose to  the  end  of  such
    33  dog's tail;
    34    (f)  with  a  tether  that  permits the dog to reach another dog or an
    35  object or location that poses a  risk  of  entanglement,  strangulation,
    36  drowning,  or  other harm to the health or safety of the dog, including,
    37  but not limited to, another dog's tether or a window sill, fence,  wall,
    38  porch,  terrace,  railing, vehicle, tree, pole, pool, or public walkway,
    39  road, or highway;
    40    (g) with the use of  a  choke  collar,  prong  collar,  head  harness,
    41  martingale  collar,  or  chain  with  metal links that are more than one
    42  quarter of an inch thick, or a tether, collar, or  harness  to  which  a
    43  weight  is  attached without a properly fitting harness or collar with a
    44  swivel attachment at each end that will not cause trauma  or  injury  to
    45  the dog and allows normal breathing and swallowing;
    46    (h)  in a manner that prevents the dog's access to sanitary and liquid
    47  water, food, and proper shelter without becoming entangled when tethered
    48  for more than thirty minutes;
    49    (i) in a manner that exposes the dog to inclement weather, as  defined
    50  by  paragraph  (b)  of  subdivision  one of section three hundred fifty-
    51  three-b of this article, for more than fifteen minutes; or
    52    (j) in a manner that exposes the dog to  accumulated  waste  or  other
    53  debris, precipitation, or flooding.
    54    3.  (a) The owner of a dog shall be liable for a violation of subdivi-
    55  sion two of this section that occurs on any property belonging  to  such

        A. 5854--A                          4
     1  owner  or  on  which  such  owner  resides at the time of the violation,
     2  regardless of whether such owner is present when the violation occurs.
     3    (b)  A person with custody or control of a dog who is not the owner of
     4  the dog shall be liable for a  violation  of  subdivision  two  of  this
     5  section that occurs on any property belonging to such person or on which
     6  such  person resides at the time of the violation, regardless of whether
     7  such person is present when the violation occurs.
     8    4. Paragraphs (c), (e), and (f) of subdivision  two  of  this  section
     9  shall  not  apply  if,  at  all  times  while  the  dog  is  tethered or
    10  restrained, any person, including the owner or person  with  custody  or
    11  control of the dog:
    12    (a) is in the presence of the dog, whether indoors or outdoors; and
    13    (b)  can  see the dog, unless the person is blind or visually impaired
    14  so that the person cannot see the dog due to such  blindness  or  visual
    15  impairment,  in  which case the person shall remain immediately adjacent
    16  to the dog.
    17    5. Paragraph (e) of subdivision two of this section shall not apply if
    18  the dog is indoors and a person is indoors with the dog.
    19    6. Nothing in this section shall prevent the seizure of a  dog  for  a
    20  violation  of  this  section  pursuant  to the authority granted in this
    21  article.
    22    7.  Nothing  in  this  section  shall  be  construed  to  affect   any
    23  protections afforded to dogs or other animals under any other provisions
    24  of this article.
    25    § 3. This act shall take effect immediately.
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