S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8089
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   provision of food, water and appropriate shelter for companion animals
   left outdoors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 353 of the agriculture and
 markets law, as amended by chapter 523 of the laws of 2005,  is  amended
 to read as follows:
   A  person  who  overdrives,  overloads,  tortures  or cruelly beats or
 unjustifiably injures, maims, mutilates or  kills  any  animal,  whether
 wild  or  tame,  and  whether  belonging  to  himself  or to another, or
 deprives any animal, OTHER THAN A COMPANION ANIMAL, of necessary  suste-
 nance,  food  or drink, or neglects or refuses to furnish it such suste-
 nance or drink, or causes, procures or permits any animal  to  be  over-
 driven,  overloaded, tortured, cruelly beaten, or unjustifiably injured,
 maimed, mutilated or killed, or, BEING ANY ANIMAL OTHER THAN A COMPANION
 ANIMAL, to be deprived of necessary food or drink, or who wilfully  sets
 on  foot,  instigates,  engages  in,  or  in any way furthers any act of
 cruelty to any animal, or any act tending to produce  such  cruelty,  is
 guilty  of  a  class  A misdemeanor and for purposes of paragraph (b) of
 subdivision one of section 160.10 of the criminal procedure  law,  shall
 be treated as a misdemeanor defined in the penal law.
   §  2.    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:
   §  353-b.  Appropriate  shelter  for  [dogs]  COMPANION  ANIMALS  left
 outdoors. 1. For purposes of this section:
   (a)  "Physical condition" shall include any special medical needs of a
 dog due to disease, illness, injury, age or breed about which the  owner

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06411-01-7
              

 A. 8089                             2
 
 or person with custody or control of [the dog] A COMPANION ANIMAL should
 reasonably be aware.
   (b)  "Inclement weather" shall mean weather conditions that are likely
 to adversely affect the health  or  safety  of  [the  dog]  A  COMPANION
 ANIMAL,  including  but  not limited to rain, sleet, ice, snow, wind, or
 extreme heat and cold.
   (c) "[Dogs] COMPANION ANIMALS  that  are  left  outdoors"  shall  mean
 [dogs]  COMPANION ANIMALS that are outdoors in inclement weather without
 ready access to, or the ability to enter, a house,  apartment  building,
 office building, or any other permanent structure that complies with the
 standards  enumerated  in  paragraph  (b)  of  subdivision three of this
 section.
   2. (a) Any person who owns or  has  custody  or  control  of  a  [dog]
 COMPANION  ANIMAL  that  is  left outdoors shall provide it with shelter
 appropriate to its breed, physical condition and the climate. Any person
 who knowingly violates the provisions of this section shall be guilty of
 a [violation] FELONY, punishable by a  fine  of  not  [less  than  fifty
 dollars  nor] more than [one hundred] FIVE THOUSAND dollars [for a first
 offense, and a fine of not less than one hundred dollars nor  more  than
 two  hundred  fifty  dollars  for  a second and subsequent offenses], OR
 IMPRISONMENT FOR NOT MORE THAN TWO YEARS, OR BOTH SUCH FINE  AND  IMPRI-
 SONMENT.    Beginning seventy-two hours after a charge of violating this
 section, each day that a defendant fails to correct the deficiencies  in
 the  [dog]  shelter  for a [dog] COMPANION ANIMAL that he or she owns or
 that is in his or her custody or control and that is left  outdoors,  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 dog shelter or repairing an
 existing dog shelter so that it complies with the requirements  of  this
 section.] Nothing in this paragraph shall prevent the seizure of a [dog]
 COMPANION ANIMAL for a violation of this section pursuant to the author-
 ity granted in this article.
   3. Minimum standards for determining whether shelter is appropriate to
 a  [dog's]  COMPANION ANIMAL'S breed, physical condition and the climate
 shall include:
   (a) For [dogs] COMPANION ANIMALS that are  restrained  in  any  manner
 outdoors,  shade  by  natural  or  artificial means to protect the [dog]
 COMPANION ANIMAL from direct sunlight at  all  times  when  exposure  to
 sunlight is likely to threaten the health of the [dog] COMPANION ANIMAL.
   (b)  For all [dogs] COMPANION ANIMALS that are left outdoors in incle-
 ment weather, a housing facility, which  must:  (1)  have  a  waterproof
 roof;  (2)  be  structurally sound [with] SO AS TO PROTECT THE COMPANION
 ANIMAL FROM THE INCLEMENT WEATHER; (3) BE APPROPRIATE FOR THE  COMPANION
 ANIMAL'S  BREED  AND PHYSICAL CONDITION, AND THE CLIMATE; (4) HAVE insu-
 lation appropriate  to  local  climatic  conditions  and  sufficient  to
 protect  the  [dog]  COMPANION  ANIMAL from inclement weather; [(3)] (5)
 HAVE FOUR CONNECTED SIDES AND A RAISED FLOOR; (6) HAVE A DOOR MAINTAINED
 IN GOOD REPAIR, THAT IS OFFSET AND BAFFLED, IF NECESSARY,  TO  ELIMINATE
 THE  ENTRY  OF DRAFTS AND PRECIPITATION, AND ALSO ALLOW THE ACCUMULATION
 OF BODY HEAT; PROVIDED,  FURTHER,  THAT  DAMAGED  DOOR  FLAPS  SHALL  BE
 REPLACED;  (7)  be  constructed  to  allow  each  [dog] COMPANION ANIMAL
 adequate freedom  of  movement  to  make  normal  postural  adjustments,
 including  the  ability  to  stand up, turn around and lie down with its
 limbs outstretched; and [(4)] (8) allow for effective removal of  excre-

 A. 8089                             3
 
 tions, other waste material[;], dirt and trash. The housing facility and
 the  area immediately surrounding it shall be regularly cleaned to main-
 tain a healthy and sanitary environment and to minimize health hazards.
   (C)  FOR  COMPANION ANIMALS THAT ARE RESTRAINED IN ANY MANNER OUTDOORS
 IN AN ENCLOSURE, SUCH ENCLOSURE SHALL BE SET ON A SOLID FOUNDATION, SUCH
 AS STONE OR CONCRETE, OR SOLID GROUND THAT IS WELL DRAINED.
   (D) FOR COMPANION ANIMALS THAT ARE RESTRAINED IN ANY ENCLOSURE, WHETH-
 ER INDOORS OR OUTDOORS, THE ANIMAL SHALL BE PROVIDED  WITH  DRY  BEDDING
 AND/OR  SOLID  RESTING BOARDS SO AS TO CONSERVE ITS BODY HEAT, AND UNDER
 NO CIRCUMSTANCE SHALL A COMPANION ANIMAL BE FORCED  TO  LIE  ON  A  DAMP
 SURFACE OR UPON UNHEATED CONCRETE OR STONE.
   4.  Inadequate shelter may be indicated by the appearance of the hous-
 ing facility itself, including but  not  limited  to,  size,  structural
 soundness,  evidence  of crowding within the housing facility, healthful
 environment in the area immediately surrounding such facility, or by the
 appearance or physical condition of the [dog] COMPANION ANIMAL.
   5. Upon a finding of any violation of this section, any [dog or  dogs]
 COMPANION  ANIMAL OR COMPANION ANIMALS seized pursuant to the provisions
 of this article that have not been voluntarily surrendered by the  owner
 or  custodian  or forfeited pursuant to court order shall be returned to
 the owner or custodian only  upon  proof  that  appropriate  shelter  as
 required  by  this  section  is being provided AND THE COMPLETION OF ANY
 SENTENCE OF IMPRISONMENT IMPOSED FOR VIOLATION OF THIS SECTION.
   6.  Nothing  in  this  section  shall  be  construed  to  affect   any
 protections  afforded to [dogs] COMPANION ANIMALS or other animals under
 any other provisions of this article.
   § 3. The agriculture and markets  law  is  amended  by  adding  a  new
 section 353-g to read as follows:
   §  353-G.  FAILURE  TO  PROVIDE  PROPER  FOOD AND DRINK TO A COMPANION
 ANIMAL. ANY PERSON WHO,  HAVING  OWNERSHIP,  CUSTODY  OR  CONTROL  OF  A
 COMPANION ANIMAL, REFUSES OR NEGLECTS TO SUPPLY SUCH ANIMAL A SUFFICIENT
 SUPPLY  OF  FOOD  OR  WATER  SO AS TO IMPAIR THE HEALTH OF THE COMPANION
 ANIMAL SHALL BE GUILTY OF A FELONY, PUNISHABLE BY A  FINE  OF  NOT  MORE
 THAN FIVE THOUSAND DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN TWO YEARS,
 OR BOTH SUCH FINE AND IMPRISONMENT.
   §  4.  Section  356  of the agriculture and markets law, as amended by
 chapter 458 of the laws of 1985, is amended to read as follows:
   § 356. Failure to provide proper food and drink to impounded animal. A
 person who, having impounded  or  confined  any  animal,  OTHER  THAN  A
 COMPANION  ANIMAL,  refuses  or neglects to supply to such animal during
 its confinement a sufficient supply of good  and  wholesome  air,  food,
 shelter  and  water, is guilty of a misdemeanor, punishable by imprison-
 ment for not more than one year, or by a fine of not more than one thou-
 sand dollars, or by both. In case  any  animal,  INCLUDING  A  COMPANION
 ANIMAL,  shall be at any time impounded as aforesaid, and shall continue
 to be without necessary food and water for more than  twelve  successive
 hours,  it  shall  be  lawful  for any person, from time to time, and as
 often as it shall be necessary, to enter into  and  upon  any  pound  in
 which any such animal shall be so confined, and to supply it with neces-
 sary food and water, so long as it shall remain so confined; such person
 shall  not  be  liable  to any action for such entry, and the reasonable
 cost of such food and water may be collected by  [him  of]  SUCH  PERSON
 FROM  the  owner of such animal, and the said animal shall not be exempt
 from levy and sale upon execution issued upon a judgment therefor.
   § 5. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.