S T A T E   O F   N E W   Y O R K
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                                  7033

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 20, 2015
                               ___________

Introduced  by M. of A. MAGEE -- 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  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) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09386-01-5
              

A. 7033                             2

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 IF THE SHELTER DESCRIBED IN SUBDIVISION THREE OF
THIS SECTION IS NOT SUFFICIENT TO PROTECT THE DOG FROM  IMMINENT  DANGER
OF  DEATH  OR SERIOUS PHYSICAL INJURY DUE TO EXTREME TEMPERATURES, GIVEN
THE DOG'S PHYSICAL CONDITION, WITHOUT READY ACCESS TO, AND  THE  ABILITY
TO  ENTER  A  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.