S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4022
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL, MOSLEY -- read once and referred to
   the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  outdoor
   restraint of companion animals
 
   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-g to read as follows:
   §  353-G.  OUTDOOR  RESTRAINT OF COMPANION ANIMALS. 1. FOR PURPOSES OF
 THIS SECTION, "TETHER" MEANS TO RESTRAIN A DOG BY ATTACHING THE  DOG  TO
 ANY  OBJECT  OR  STRUCTURE,  INCLUDING WITHOUT LIMITATION A HOUSE, TREE,
 FENCE, POST, GARAGE, OR SHED, BY ANY MEANS, INCLUDING WITHOUT LIMITATION
 A CHAIN, ROPE, CORD, LEASH, OR RUNNING LINE. TETHERING DOES NOT  INCLUDE
 THE USE OF A LEASH TO WALK A DOG.
   2.  IT  SHALL BE UNLAWFUL TO TETHER A DOG OUTDOORS, EXCEPT WHEN ALL OF
 THE FOLLOWING CONDITIONS ARE MET:
   (A) THE TETHER MUST BE ATTACHED TO THE DOG WITH A BUCKLE  TYPE  COLLAR
 OR  A  BODY  HARNESS  MADE OF NYLON OR LEATHER THAT IS AT LEAST ONE INCH
 THICK.  CHOKE OR PINCH TYPE COLLARS, ATTACHED WEIGHTS  AND  CHAINS  OVER
 ONE-QUARTER INCH THICK CANNOT BE UTILIZED FOR TETHERING.
   (B)  (I)  THE LENGTH OF A STATIONARY TETHER SHALL NOT BE LESS THAN TEN
 FEET OR FIVE TIMES THE LENGTH OF THE DOG'S BODY AS MEASURED FROM THE TIP
 OF THE NOSE TO THE BASE OF THE TAIL, WHICHEVER LENGTH IS GREATER;  SHALL
 CONNECT  AT BOTH ENDS WITH A SWIVEL; SHALL WEIGH LESS THAN 1/10TH OF THE
 DOG'S WEIGHT; SHALL BE FREE OF TANGLES; AND SHALL RESTRAIN  THE  DOG  TO
 THE OWNER'S PROPERTY.
   (II)  IF  THE DOG IS TETHERED TO A PULLEY, RUNNING LINE, OR TROLLEY OR
 CABLE SYSTEM, IT MUST BE A MINIMUM OF FIFTEEN FEET LONG  AND  LESS  THAN
 SEVEN FEET ABOVE THE GROUND.
   (C)  THE  DOG MUST NOT BE TETHERED OUTDOORS WHEN A WEATHER ADVISORY OR
 WARNING IS ISSUED BY LOCAL, STATE OR FEDERAL AUTHORITIES OR WHEN OUTDOOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05266-01-7

 A. 4022                             2
 
 ENVIRONMENTAL CONDITIONS, INCLUDING, BUT NOT  LIMITED  TO,  HEAT,  COLD,
 WIND,  RAIN,  SNOW OR HAIL, POSE AN ADVERSE RISK TO THE HEALTH OR SAFETY
 OF SUCH DOG BASED ON SUCH DOG'S BREED, AGE OR PHYSICAL CONDITION.
   (D) THE TETHERED DOG IS A LEAST SIX MONTHS OLD.
   (E)  THE  TETHERED DOG IS APPARENTLY FREE OF ANY HEALTH CONDITION THAT
 WOULD BE EXACERBATED BY TETHERING.
   (F) IF THERE ARE MULTIPLE DOGS, EACH MUST BE TETHERED SEPARATELY.
   (G) SUBJECT TO THE PROVISIONS OF THIS SECTION AND OF THIS  ARTICLE,  A
 DOG  MAY BE TETHERED OUTSIDE FOR A MAXIMUM OF THREE HOURS OR A LENGTH OF
 TIME THAT IS OTHERWISE APPROVED  IN  WRITING  PRIOR  THERETO  BY  ANIMAL
 CONTROL,  PROVIDED,  HOWEVER, THAT TIME SHALL NOT EXCEED TWELVE HOURS IN
 ANY TWENTY-FOUR HOUR PERIOD AND FURTHER PROVIDED THAT PRIOR TO APPROVING
 AN EXTENSION OF THE THREE HOUR MAXIMUM TETHERING LIMIT,  ANIMAL  CONTROL
 MUST  OBTAIN FROM THE CUSTODIAN OF SUCH DOG WRITTEN CERTIFICATION SIGNED
 BY A VETERINARIAN LICENSED IN NEW YORK STATE STATING THAT THE HEALTH  OF
 THE DOG WILL NOT BE JEOPARDIZED BY THE EXTENSION OF THE THREE HOUR MAXI-
 MUM  TETHERING  LIMIT.  THE  WRITTEN VETERINARY CERTIFICATION AND ANIMAL
 CONTROL APPROVAL REQUIRED BY THIS PARAGRAPH SHALL BE MAINTAINED  ON  THE
 PREMISES  OF  THE  DOG'S  CUSTODIAN  AND  AT ANIMAL CONTROL AND SHALL BE
 AVAILABLE FOR INSPECTION BY OFFICERS AUTHORIZED TO ENFORCE THIS ARTICLE.
 EXTENSIONS OF THE THREE HOUR TETHERING LIMIT SHALL BE EFFECTIVE  FOR  NO
 MORE THAN SIXTY DAYS AND MAY BE SUBJECT TO RENEWAL ONLY IF THE HEALTH OF
 THE  ANIMAL  HAS  NOT  CHANGED  ACCORDING  TO ANOTHER WRITTEN VETERINARY
 CERTIFICATION.
   (H) IN ADDITION TO THE ABOVE REQUIREMENTS, TETHERED DOGS MUST BE  FREE
 OF  CRUEL  CONDITIONS OR INHUMANE TETHERING AT ANY TIME. FOR PURPOSES OF
 THIS SECTION, "CRUEL CONDITIONS OR INHUMANE  TETHERING"  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO, THE FOLLOWING:
   (I)  EXPOSURE  TO ANIMAL WASTE, GARBAGE, NOXIOUS ODORS OR OBJECTS THAT
 COULD INJURE OR KILL A DOG.
   (II) EXPOSURE TO TAUNTING, PRODDING,  PROVOKING,  HITTING,  HARASSING,
 THREATENING OR OTHERWISE HARMING A TETHERED OR CONFINED DOG.
   (III)  EXPOSING  A  DOG  TO  DANGEROUS CONDITIONS, INCLUDING POTENTIAL
 ATTACKS BY OTHER ANIMALS.
   (IV) ALLOWING A DOG TO BECOME ENTANGLED.
   3. NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR ANY OTHER  LAW  TO
 THE  CONTRARY,  NO  DOG  SHALL BE TETHERED OUTDOORS BETWEEN THE HOURS OF
 ELEVEN P.M. AND SIX A.M.
   4. (A) A VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION SHALL, FOR
 A FIRST OFFENSE, BE A CLASS A MISDEMEANOR.
   (B) FOR A SECOND AND ANY SUBSEQUENT OFFENSE, A PERSON SHALL BE  GUILTY
 OF A CLASS B MISDEMEANOR.
   (C) NOTHING IN THIS SUBDIVISION SHALL PREVENT THE SEIZURE OF A DOG FOR
 A  VIOLATION  OF  THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN THIS
 ARTICLE.
   5. TETHERING A SUPERVISED DOG FOR  LESS  THAN  FIFTEEN  MINUTES  IN  A
 PUBLIC LOCATION SHALL NOT BE A VIOLATION OF THIS SECTION.
   6.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO LIMIT OR PREVENT A
 MUNICIPALITY FROM ENACTING OR ENFORCING A LOCAL LAW, RULE, REGULATION OR
 ORDINANCE REGARDING TETHERING OR CHAINING OF  DOGS,  PROVIDED,  HOWEVER,
 THAT  ANY SUCH LOCAL LAW, RULE, REGULATION OR ORDINANCE SHALL BE NO LESS
 STRINGENT THAN THE PROVISIONS OF THIS SECTION.
   7.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
 PROTECTIONS  AFFORDED TO DOGS UNDER ANY OTHER PROVISIONS OF THIS ARTICLE
 OR OTHER LAW OR REGULATION.

 A. 4022                             3
 
   8. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  FEDERAL,
 STATE, OR LOCAL LAW ENFORCEMENT AGENCY.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.