S T A T E O F N E W Y O R K
________________________________________________________________________
7147
I N S E N A T E
March 16, 2010
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
tethering of dogs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 353-e to read as follows:
S 353-E. TETHERING OF DOGS. 1. FOR PURPOSES OF THIS SECTION:
(A) "TETHERING DEVICE" SHALL MEAN A CHAIN, ROPE OR OTHER RESTRAINING
DEVICE WHICH ATTACHES TO A DOG.
(B) "RUNNING CABLE TROLLEY SYSTEM" SHALL MEAN A SUSPENDED CABLE, AT
LEAST TEN FEET IN LENGTH, TO WHICH A TETHERING DEVICE, AT LEAST TEN FEET
IN LENGTH, IS ATTACHED BY MEANS OF A PULLEY, LOOP OR OTHER MOVEABLE
DEVICE.
2. ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG SHALL NOT
RESTRAIN SUCH DOG BY MEANS OF A TETHERING DEVICE ATTACHED TO A FIXED
POINT OR BY MEANS OF A RUNNING CABLE TROLLEY SYSTEM FOR A PERIOD OF MORE
THAN SIX HOURS IN ANY TWENTY-FOUR HOUR PERIOD. ANY TETHERING DEVICE
ATTACHED TO A FIXED POINT SHALL BE AT LEAST FIFTEEN FEET IN LENGTH. ANY
TETHERING DEVICE SHALL BE ATTACHED TO SUCH DOG IN SUCH A MANNER AS TO
PREVENT INJURY OR STRANGULATION TO SUCH DOG AND ENTANGLEMENT WITH OTHER
OBJECTS. NO TETHERING DEVICE SHALL BE ATTACHED TO SUCH DOG BY MEANS OF A
CHOKE-TYPE COLLAR OR A PRONG COLLAR, OR BY ANY MEANS OTHER THAN BY
ATTACHMENT TO A PROPERLY FITTED COLLAR, HARNESS OR OTHER DEVICE MADE
EXPRESSLY FOR SUCH PURPOSE.
3. (A) ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS
SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF NOT LESS
THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS FOR A FIRST
OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN
TWO HUNDRED FIFTY DOLLARS FOR EACH SECOND OR SUBSEQUENT OFFENSES. BEGIN-
NING SEVENTY-TWO HOURS AFTER A CHARGE OF VIOLATING THIS SECTION, EACH
DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN THE METHOD
USED TO RESTRAIN A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09541-01-9
S. 7147 2
CUSTODY OR CONTROL, SO AS TO BRING IT INTO COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION, SHALL CONSTITUTE A SEPARATE OFFENSE.
(B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT OF ANY FINE
IMPOSED FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
ANT PROVES HE OR SHE HAS SPENT PROVIDING A TETHERING DEVICE OR RUNNING
CABLE TROLLEY SYSTEM THAT COMPLIES WITH THE REQUIREMENTS OF THIS
SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE OF A DOG
FOR A VIOLATION OF THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
THIS ARTICLE.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
OF THIS ARTICLE.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.