S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    729
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. L. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02548-01-9

 A. 729                              2
 
   (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
 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.

 A. 729                              3
 
   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.
   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.