NY State Assembly Bill 2009-A7545

Assembly Bill A7545

2009-2010 Legislative Session

Specifies what constitutes appropriate shelter for dogs restrained outdoors and maximum and minimum temperature range for exposure

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 26, 2010	referred to agriculture delivered to senate passed assembly
Jan 20, 2010	amended on third reading 7545c
Jan 06, 2010	ordered to third reading cal.495 returned to assembly died in senate
Jun 18, 2009	referred to rules
Jun 16, 2009	delivered to senate passed assembly ordered to third reading rules cal.349 rules report cal.349 reported
Jun 15, 2009	reported referred to rules
Jun 09, 2009	reported referred to codes
May 20, 2009	print number 7545b
May 20, 2009	amend and recommit to agriculture
Apr 30, 2009	print number 7545a
Apr 30, 2009	amend and recommit to agriculture
Apr 14, 2009	referred to agriculture

Bill Amendments

Original

C (Active)

2009-A7545 - Details

Current Committee:: Senate Agriculture
Laws Affected:: Amd §353-b, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2122
2013-2014: A4331
2015-2016: A7033
2017-2018: A4110

2009-A7545 - Summary

Specifies what constitutes appropriate shelter for dogs restrained outdoors and provides a dog shall not be left outdoors in weather that places the dog in imminent danger due to exposure to heat and cold.

2009-A7545 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7545

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by  M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. COOK,
  GLICK, GREENE, HOOPER, JOHN, KELLNER, LUPARDO, MARKEY, McENENY,  PHEF-
  FER, REILLY -- read once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to defining
  appropriate shelter for dogs restrained outdoors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  353-b  of  the  agriculture  and
markets  law, as added by chapter 594 of the laws of 2003, is amended to
read as follows:
  3. Minimum standards for determining whether shelter is appropriate to
a dog's breed, physical condition and the climate shall include:
  (a) For dogs that are restrained in  any  manner  outdoors,  shade  by
natural  or  artificial means to protect the dog from direct sunlight at
all times when exposure to sunlight is likely to threaten the health  of
the  dog.  SUCH  SHADE SHALL BE FREELY AND EASILY ACCESSIBLE TO THE DOG.
THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST  A  SHADOW  SUFFI-
CIENT TO SHADE THE DOG'S ENTIRE BODY. IF MULTIPLE DOGS ARE RESTRAINED IN
A  COMMON  AREA, THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST A
SHADOW SUFFICIENT TO SHADE THE BODIES OF ALL DOGS OCCUPYING THE AREA.
  (b) For all dogs that are left outdoors in inclement weather, a  hous-
ing  facility,  which must: (1) have: (A) a waterproof roof WHICH COVERS
ALL OF THE HOUSING FACILITY OR AN AREA OF THE FACILITY LARGE  ENOUGH  TO
COMPLETELY  SHELTER THE DOG; (B) A FLOOR CONSTRUCTED OF A SOLID MATERIAL
OR MATERIALS, INCLUDING WOOD, SOLID STONE, CONCRETE OR CARPET OVER WOOD,
CONCRETE OR SOLID STONE, BUT EXCLUDING SECTIONS OF METAL CAGES; AND  (C)
AT LEAST THREE ENCLOSED SIDES; (2) be structurally sound with insulation
appropriate  to  local climatic conditions and sufficient to protect the
dog from inclement  weather;  (3)  be  constructed  to  allow  each  dog
adequate freedom of movement to FREELY make normal postural adjustments,
including  the  ability  to  stand up, turn around and lie down with its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06744-02-9

A. 7545                             2

limbs outstretched; [and] (4) allow for effective removal of excretions,
other waste material; dirt and trash;  AND  (5)  BE  FREELY  AND  EASILY
ACCESSIBLE  TO  THE  DOG.  The housing facility and the area immediately
surrounding  it  shall  be  regularly  cleaned to maintain a healthy and
sanitary environment and to minimize health hazards.  IF  MULTIPLE  DOGS
ARE  RESTRAINED  IN  A COMMON AREA, A SEPARATE HOUSING FACILITY SHALL BE
PROVIDED FOR EACH DOG OR A SINGLE HOUSING FACILITY LARGE ENOUGH TO SHEL-
TER ALL OF THE DOGS SIMULTANEOUSLY SHALL BE PROVIDED.
  S 2. Subdivision 6 of section 353-b of the agriculture and markets law
is renumbered subdivision 7 and a new subdivision 6 is added to read  as
follows:
  6.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY: (A) A DOG
SHALL NOT BE LEFT OUTDOORS IN INCLEMENT WEATHER WITHOUT READY ACCESS TO,
AND THE ABILITY TO ENTER, A HOUSE, APARTMENT BUILDING,  OFFICE  BUILDING
OR  OTHER  RESIDENCE  OR PLACE OF BUSINESS OF ITS OWNER OR OF THE PERSON
WHO HAS CUSTODY OR CONTROL OF THE DOG IF BEING SO EXPOSED PLACES THE DOG
IN IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL INJURY DUE  TO  EXPOSURE
TO HEAT OR COLD, GIVEN THE DOG'S PHYSICAL CONDITION; AND
  (B)   NO   DOG  SHALL  BE  LEFT  OUTDOORS  IN  TEMPERATURES  EXCEEDING
EIGHTY-FIVE DEGREES OR IN TEMPERATURES  LOWER  THAN  THIRTY-TWO  DEGREES
WITHOUT  READY  ACCESS  TO, AND THE ABILITY TO ENTER, A HOUSE, APARTMENT
BUILDING, OFFICE BUILDING OR OTHER RESIDENCE OR PLACE OF BUSINESS OF ITS
OWNER OR OF THE PERSON WHO HAS CUSTODY OR CONTROL OF THE DOG.
  S 3. This act shall take effect immediately.

2009-A7545A - Details

Current Committee:: Senate Agriculture
Laws Affected:: Amd §353-b, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2122
2013-2014: A4331
2015-2016: A7033
2017-2018: A4110

2009-A7545A - Summary

2009-A7545A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7545--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by  M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. COOK,
  GLICK, GREENE, HOOPER, JOHN, KELLNER, LUPARDO, MARKEY, McENENY,  PHEF-
  FER,  REILLY,  ROBINSON  -- read once and referred to the Committee 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 defining
  appropriate shelter for dogs restrained outdoors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  353-b  of  the  agriculture  and
markets  law, as added by chapter 594 of the laws of 2003, is amended to
read as follows:
  3. Minimum standards for determining whether shelter is appropriate to
a dog's breed, physical condition and the climate shall include:
  (a) For dogs that are restrained in  any  manner  outdoors,  shade  by
natural  or  artificial means to protect the dog from direct sunlight at
all times when exposure to sunlight is likely to threaten the health  of
the  dog.  SUCH  SHADE SHALL BE FREELY AND EASILY ACCESSIBLE TO THE DOG.
THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST  A  SHADOW  SUFFI-
CIENT TO SHADE THE DOG'S ENTIRE BODY. IF MULTIPLE DOGS ARE RESTRAINED IN
A  COMMON  AREA, THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST A
SHADOW SUFFICIENT TO SHADE THE BODIES OF ALL DOGS OCCUPYING THE AREA.
  (b) For all dogs that are left outdoors in inclement weather, a  hous-
ing  facility,  which must: (1) have: (A) a waterproof roof WHICH COVERS
ALL OF THE HOUSING FACILITY OR AN AREA OF THE FACILITY LARGE  ENOUGH  TO
COMPLETELY  SHELTER THE DOG; (B) A FLOOR CONSTRUCTED OF A SOLID MATERIAL
OR MATERIALS, INCLUDING WOOD, SOLID STONE, CONCRETE OR CARPET OVER WOOD,
CONCRETE OR SOLID STONE, BUT EXCLUDING SECTIONS OF METAL CAGES; AND  (C)
AT LEAST THREE ENCLOSED SIDES; (2) be structurally sound with insulation
appropriate  to  local climatic conditions and sufficient to protect the
dog from inclement  weather;  (3)  be  constructed  to  allow  each  dog

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06744-03-9

A. 7545--A                          2

adequate freedom of movement to FREELY make normal postural adjustments,
including  the  ability  to  stand up, turn around and lie down with its
limbs outstretched; [and] (4) allow for effective removal of excretions,
other  waste  material;  dirt  and  trash;  AND (5) BE FREELY AND EASILY
ACCESSIBLE TO THE DOG. The housing facility  and  the  area  immediately
surrounding  it  shall  be  regularly  cleaned to maintain a healthy and
sanitary environment and to minimize health hazards.  IF  MULTIPLE  DOGS
ARE  RESTRAINED  IN  A COMMON AREA, A SEPARATE HOUSING FACILITY SHALL BE
PROVIDED FOR EACH DOG OR A SINGLE HOUSING FACILITY LARGE ENOUGH TO SHEL-
TER ALL OF THE DOGS SIMULTANEOUSLY SHALL BE PROVIDED.
  S 2. Subdivision 6 of section 353-b of the agriculture and markets law
is renumbered subdivision 7 and a new subdivision 6 is added to read  as
follows:
  6.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A DOG SHALL
NOT BE LEFT OUTDOORS IN INCLEMENT WEATHER WITHOUT READY ACCESS  TO,  AND
THE  ABILITY  TO  ENTER, A HOUSE, APARTMENT BUILDING, OFFICE BUILDING OR
OTHER RESIDENCE OR PLACE OF BUSINESS OF ITS OWNER OR OF THE  PERSON  WHO
HAS  CUSTODY OR CONTROL OF THE DOG IF BEING SO EXPOSED PLACES THE DOG IN
IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO  EXPOSURE  TO
HEAT OR COLD, GIVEN THE DOG'S PHYSICAL CONDITION.
  S 3. This act shall take effect immediately.

2009-A7545B - Details

Current Committee:: Senate Agriculture
Laws Affected:: Amd §353-b, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2122
2013-2014: A4331
2015-2016: A7033
2017-2018: A4110

2009-A7545B - Summary

2009-A7545B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7545--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by  M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. COOK,
  GLICK, HOOPER, JOHN, KELLNER, LUPARDO, MARKEY, McENENY, PHEFFER, REIL-
  LY, ROBINSON, SCHIMEL, TITONE -- read once and referred to the Commit-
  tee on Agriculture --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the agriculture and markets law, in relation to defining
  appropriate shelter for dogs restrained outdoors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  353-b  of  the  agriculture  and
markets  law, as added by chapter 594 of the laws of 2003, is amended to
read as follows:
  3. Minimum standards for determining whether shelter is appropriate to
a dog's breed, physical condition and the climate shall include:
  (a) For dogs that are restrained in  any  manner  outdoors,  shade  by
natural  or  artificial means to protect the dog from direct sunlight at
all times when exposure to sunlight is likely to threaten the health  of
the  dog.  SUCH  SHADE SHALL BE FREELY AND EASILY ACCESSIBLE TO THE DOG.
THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST  A  SHADOW  SUFFI-
CIENT TO SHADE THE DOG'S ENTIRE BODY. IF MULTIPLE DOGS ARE RESTRAINED IN
A  COMMON  AREA, THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST A
SHADOW SUFFICIENT TO SHADE THE BODIES OF ALL DOGS OCCUPYING THE AREA.
  (b) For all dogs that are left outdoors in inclement weather, a  hous-
ing  facility,  which must: (1) have: (A) a waterproof roof WHICH COVERS
ALL OF THE HOUSING FACILITY OR AN AREA OF THE FACILITY LARGE  ENOUGH  TO
COMPLETELY  SHELTER  THE  DOG;  (B)  A  PREDOMINANT  AMOUNT OF THE FLOOR
CONSTRUCTED OF A SOLID MATERIAL OR MATERIALS, INCLUDING BUT NOT  LIMITED
TO,  WOOD,  SOLID STONE, CONCRETE OR CARPET OVER WOOD, CONCRETE OR SOLID
STONE, BUT EXCLUDING SECTIONS OF METAL CAGES WHICH AMOUNT  SHALL,  AT  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06744-06-9

A. 7545--B                          2

MINIMUM,  BE OF AN AREA EQUAL TO THE AREA OCCUPIED BY THE DOG WHEN IT IS
LYING DOWN WITH ITS  LIMBS  FULLY  EXTENDED;  AND  (C)  AT  LEAST  THREE
ENCLOSED SIDES; (2) be structurally sound with insulation appropriate to
local  climatic conditions and sufficient to protect the dog from incle-
ment weather; (3) be constructed to allow each dog adequate  freedom  of
movement to FREELY make normal postural adjustments, including the abil-
ity  to  stand up, turn around and lie down with its limbs outstretched;
[and] (4) allow for effective removal of excretions, other waste materi-
al; dirt and trash; AND (5) BE FREELY AND EASILY ACCESSIBLE TO THE  DOG.
The  housing  facility  and the area immediately surrounding it shall be
regularly cleaned to maintain a healthy and sanitary environment and  to
minimize  health  hazards.  IF  MULTIPLE DOGS ARE RESTRAINED IN A COMMON
AREA, A SEPARATE HOUSING FACILITY SHALL BE PROVIDED FOR EACH  DOG  OR  A
SINGLE  HOUSING  FACILITY LARGE ENOUGH TO SHELTER ALL OF THE DOGS SIMUL-
TANEOUSLY SHALL BE PROVIDED.
  S 2. Subdivision 6 of section 353-b of the agriculture and markets law
is renumbered subdivision 7 and a new subdivision 6 is added to read  as
follows:
  6.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A DOG SHALL
NOT BE LEFT OUTDOORS IN INCLEMENT WEATHER WITHOUT READY ACCESS  TO,  AND
THE ABILITY TO ENTER, A STRUCTURALLY SOUND HOUSING FACILITY, AS REQUIRED
IN  PARAGRAPH  B  OF  SUBDIVISION  THREE  OF THIS SECTION, A RESIDENTIAL
HOUSE, APARTMENT BUILDING, OFFICE BUILDING OR OTHER RESIDENCE  OR  PLACE
OF  BUSINESS OF ITS OWNER OR OF THE PERSON WHO HAS CUSTODY OR CONTROL OF
THE DOG IF BEING SO EXPOSED PLACES THE DOG IN IMMINENT DANGER  OF  DEATH
OR  SERIOUS  PHYSICAL  INJURY DUE TO EXPOSURE TO HEAT OR COLD, GIVEN THE
DOG'S PHYSICAL CONDITION.
  S 3. This act shall take effect immediately.

co-Sponsors

multi-Sponsors

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2009-A7545C (ACTIVE) - Details

Current Committee:: Senate Agriculture
Laws Affected:: Amd §353-b, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2122
2013-2014: A4331
2015-2016: A7033
2017-2018: A4110

2009-A7545C (ACTIVE) - Summary

2009-A7545C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7545C

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to defining appropriate shelter for dogs restrained outdoors

PURPOSE OF BILL: Specifies what constitutes appropriate proper shelter
for dogs restrained outdoors and maximum and minimum temperature range
for exposure.

SUMMARY OF PROVISIONS: Subdivisions 3 and 6 of Section 353-b of the
Agriculture and Markets, as added by Chapter 594 of the Laws of 2003:

3(a) Adds for the provision of shade;

3(b) Adds; (1A) for the provision of a waterproof roof, (18) a floor
constructed of solid materials, (1C) three enclosed sides, (2) insu-
lation to local climatic conditions, (3) enough room to allow the dog
freedom of movement including normal postural adjustments, ability to
stand up, turn around and lie down with limbs outstretched, (4) effec-
tive removal of excretions and other waste materials and (5) be freely
and easily accessible to the dog.  6) Adds that a dog shall not be left
outdoors in inclement weather without ready access to indoor shelter.

JUSTIFICATION: A recent nationally-televised ASPCA (American Society for
the Prevention of Cruelty to Animals) commercial reminds us that "every-
day in America thousands of animals suffer from cruelty and neglect."

Animals don't have a voice; they cannot tell anyone that they are being
abused or neglected. Owning a pet can bring great joy and comfort as
well as additional responsibilities for the owner and the family. Too
often, those responsibilities are ignored and, as a result, the legisla-
ture is forced to enact laws to protect the health and well-being of the
family pet before he/she becomes abused and neglected.

In response to the growing outcry regarding the inhumane treatment of
outdoor pets, specifically dogs, in 2003 New York State joined with a
number of other states in enacting a law requiring owners of outdoor
domesticated animals to provide "structurally sound shelters for their
pets" (Ch.594 of 2003). Legislators were astonished that a law of this
nature had to be enacted as this seemed fundamental to the caretaking of
the family pet. Since then, owners who have violated the law have
successfully argued that the law's language was too vague and subject to
interpretation.

In western NY, Pepie, a 16-year old Husky with arthritis lived outdoors
year-round in a 10ft x 3ft x 3.5ft metal cage where he died in January
2009. Being housed 24-hours a day in a metal cage, outdoors, especially
during the upstate winters, is simply cruel, but the law's language
affirms that the metal cage is "structurally sound shelter." This bill
amends Chapter 594, clarifying the "vagueness" that continues to plague
outdoor animals at risk of cruel and inhumane treatment.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPACT: None to the State

EFFECTIVE DATE: The act will take effect immediately

2009-A7545C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7545--C
                                                        Cal. No. 495

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by  M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. COOK,
  GLICK, HOOPER, JOHN, KELLNER, LUPARDO, MARKEY, McENENY, PHEFFER, REIL-
  LY, ROBINSON, SCHIMEL, TITONE -- read once and referred to the Commit-
  tee on Agriculture --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported from committee,
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

AN ACT to amend the agriculture and markets law, in relation to defining
  appropriate shelter for dogs restrained outdoors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  353-b  of  the  agriculture  and
markets  law, as added by chapter 594 of the laws of 2003, is amended to
read as follows:
  3. Minimum standards for determining whether shelter is appropriate to
a dog's breed, physical condition and the climate shall include:
  (a) For dogs that are restrained in  any  manner  outdoors,  shade  by
natural  or  artificial means to protect the dog from direct sunlight at
all times when exposure to sunlight is likely to threaten the health  of
the  dog.  SUCH  SHADE SHALL BE FREELY AND EASILY ACCESSIBLE TO THE DOG.
THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST  A  SHADOW  SUFFI-
CIENT TO SHADE THE DOG'S ENTIRE BODY. IF MULTIPLE DOGS ARE RESTRAINED IN
A  COMMON  AREA, THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST A
SHADOW SUFFICIENT TO SHADE THE BODIES OF ALL DOGS OCCUPYING THE AREA.
  (b) For all dogs that are left outdoors in inclement weather, a  hous-
ing  facility,  which must: (1) have: (A) a waterproof roof WHICH COVERS
ALL OF THE HOUSING FACILITY OR AN AREA OF THE FACILITY LARGE  ENOUGH  TO
COMPLETELY  SHELTER  THE  DOG;  (B)  A  PREDOMINANT  AMOUNT OF THE FLOOR
CONSTRUCTED OF A SOLID MATERIAL OR MATERIALS, INCLUDING BUT NOT  LIMITED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD06744-07-0

A. 7545--C                          2

TO,  WOOD,  SOLID STONE, CONCRETE OR CARPET OVER WOOD, CONCRETE OR SOLID
STONE, BUT EXCLUDING SECTIONS OF METAL CAGES, WHICH AMOUNT SHALL,  AT  A
MINIMUM,  BE OF AN AREA EQUAL TO THE AREA OCCUPIED BY THE DOG WHEN IT IS
LYING  DOWN  WITH ITS LIMBS FULLY EXTENDED; AND (C) FOUR ENCLOSED SIDES,
ONE OF WHICH INCLUDES AN APPROPRIATELY-SIZED ENTRANCE WITH A CORRESPOND-
INGLY-SIZED FLAP TO SERVE AS A DOOR;  (2)  be  structurally  sound  with
insulation  appropriate  to  local climatic conditions and sufficient to
protect the dog from inclement weather; (3) be constructed to allow each
dog adequate freedom of movement to FREELY make normal postural  adjust-
ments,  including the ability to stand up, turn around and lie down with
its limbs outstretched; [and] (4) allow for effective removal of  excre-
tions,  other  waste  material; dirt and trash; (5) BE OF AN APPROPRIATE
SIZE IN PROPORTION TO THE SIZE OF THE DOG AND IN  CONSIDERATION  OF  THE
DOG'S  PHYSICAL  CONDITION  TO  PERMIT  THE  BUILD-UP WITHIN THE HOUSING
FACILITY OF THE DOG'S RADIANT BODY HEAT IN  COLD  WEATHER;  AND  (6)  BE
FREELY  AND  EASILY  ACCESSIBLE TO THE DOG. The housing facility and the
area immediately surrounding it shall be regularly cleaned to maintain a
healthy and sanitary environment and  to  minimize  health  hazards.  IF
MULTIPLE DOGS ARE RESTRAINED IN A COMMON AREA, A SEPARATE HOUSING FACIL-
ITY  SHALL  BE  PROVIDED FOR EACH DOG OR A SINGLE HOUSING FACILITY LARGE
ENOUGH TO SHELTER ALL OF THE DOGS SIMULTANEOUSLY SHALL BE PROVIDED.
  S 2. Subdivision 6 of section 353-b of the agriculture and markets law
is renumbered subdivision 7 and a new subdivision 6 is added to read  as
follows:
  6.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A DOG SHALL
NOT BE LEFT OUTDOORS IN WEATHER THAT PLACES THE DOG IN  IMMINENT  DANGER
OF  DEATH  OR  SERIOUS  PHYSICAL INJURY DUE TO EXPOSURE TO HEAT OR COLD,
GIVEN THE DOG'S PHYSICAL CONDITION, WITHOUT READY  ACCESS  TO,  AND  THE
ABILITY  TO  ENTER,  AN  APPROPRIATELY  TEMPERATURE-CONTROLLED  BUILDING
INCLUDING BUT NOT LIMITED TO A RESIDENTIAL  HOUSE,  APARTMENT  BUILDING,
OFFICE BUILDING OR OTHER PLACE OF BUSINESS OF ITS OWNER OR OF THE PERSON
WHO HAS CUSTODY OR CONTROL OF THE DOG.
  S 3. This act shall take effect immediately.

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Assembly Bill A7545

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MILLMAN