NY State Senate Bill 2009-S4327

Senate Bill S4327

2009-2010 Legislative Session

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

download bill text pdf

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
Feb 04, 2010	print number 4327c
Feb 04, 2010	amend and recommit to agriculture
Jan 06, 2010	referred to agriculture
Jul 16, 2009	committed to rules
Jun 04, 2009	advanced to third reading
Jun 03, 2009	2nd report cal.
Jun 02, 2009	1st report cal.524
May 21, 2009	print number 4327b
May 21, 2009	amend and recommit to agriculture
May 14, 2009	print number 4327a
May 14, 2009	amend and recommit to agriculture
Apr 22, 2009	referred to agriculture

Bill Amendments

Original

C (Active)

2009-S4327 - Details

Current Committee:: Senate Agriculture
Laws Affected:: Amd §353-b, Ag & Mkts L

2009-S4327 - 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-S4327 - Sponsor Memo

                                 BILL NUMBER:  S4327

 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 of2003:  3(a): Adds for the
provision of shade; 3(b) Adds: (1A) for the provision of a waterproof
roof, (1B) a floor constructed of solid materials, (1C) three enclosed
sides, (2) insulation 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) effective removal of excretions and other waste
materials and (5) be freely and easily accessible to the dog.  6(a)
Adds that a dog shall not be left outdoors in inclement weather
without ready access to indoor shelter, and 6(b) Specifies the
temperatures in which a dog shall not to be left outdoors - not to
exceed 85 degrees or lower than 32 degrees - without access to indoor

shelter.

 JUSTIFICATION :
A recent nationally-televised ASPCA  American Society for the
Prevention of Cruelty to Animals  commercial reminds us that "everyday
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 legislature 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 of2003). 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-S4327 - Bill Text download pdf

2009-S4327A - Details

Current Committee:: Senate Agriculture
Laws Affected:: Amd §353-b, Ag & Mkts L

2009-S4327A - Summary

2009-S4327A - Sponsor Memo

                                 BILL NUMBER:  S4327A

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


 PURPOSE :
Specifies what constitutes appropriate proper shelter for dogs
restrained outdoors.

 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: Subdivision 3(a): Adds
for the provision of shade; 3(b) Adds: (1A) for the provision of a
waterproof roof, (1B) a floor constructed of solid materials, (1C)
three enclosed sides, (2) insulation 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) effective removal of excretions and other
waste materials and (5) be freely and easily accessible to the dog.
Subdivision 6: Adds that a dog shall not be left outdoors in inclement
weather without ready access to indoor shelter.

 JUSTIFICATION :
A recent nationally-televised American Society for the Prevention of

Cruelty to Animals (ASPCA) commercial reminds us that "everyday 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 legislature 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-S4327A - Bill Text download pdf

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

                                 4327--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed 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
adequate freedom of movement to FREELY make normal postural adjustments,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06744-04-9

S. 4327--A                          2

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-S4327B - Details

Current Committee:: Senate Agriculture
Laws Affected:: Amd §353-b, Ag & Mkts L

2009-S4327B - Summary

2009-S4327B - Sponsor Memo

                                 BILL NUMBER:  S4327B

 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, (1B) a floor
constructed of solid materials, (1C) three enclosed sides, (2)
insulation 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)
effective 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 "everyday
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 legislature 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 of2003). 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 3 ft x 3.5 ft 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-S4327B - Bill Text download pdf

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

                                 4327--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06744-05-9

S. 4327--B                          2

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.

2009-S4327C (ACTIVE) - Details

Current Committee:: Senate Agriculture
Laws Affected:: Amd §353-b, Ag & Mkts L

2009-S4327C (ACTIVE) - Summary

2009-S4327C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4327C

 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, (1B) a floor
constructed of solid materials, (1C) three enclosed sides, (2)
insulation 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)
effective 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 "everyday
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 legislature is forced to enact laws to protect the health
and wellbeing 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-S4327C (ACTIVE) - Bill Text download pdf

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

                                 4327--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Agriculture in accordance with Senate Rule 6, sec.
  8  -- 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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06744-08-0

S. 4327--C                          2

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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