S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    54
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, THIELE, JACKSON, STERN -- 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. DEFINITIONS.  1.  FOR
 THE PURPOSES OF THIS SECTION:
   (A)  "TETHER" SHALL MEAN 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.
   (B)  "DANGEROUS  WEATHER  CONDITIONS"  SHALL MEAN INCLEMENT WEATHER AS
 DEFINED IN SECTION THREE HUNDRED FIFTY-THREE-B OF THIS  ARTICLE,  CONDI-
 TIONS  DESCRIBED IN A WEATHER ALERT, ADVISORY OR OTHER WARNING ISSUED BY
 A LOCAL, STATE OR FEDERAL AUTHORITY, OR WHEN OUTSIDE WEATHER CONDITIONS,
 INCLUDING BUT NOT LIMITED TO EXTREME HEAT, COLD, WIND,  RAIN,  SNOW,  OR
 HAIL,  POSE  AN  ADVERSE  RISK TO THE HEALTH OR SAFETY OF A DOG BASED ON
 BREED, AGE, AND PHYSICAL CONDITION,  IN  ACCORDANCE  WITH  THE  INDUSTRY
 STANDARD SET FORTH IN THE TUFTS ANIMAL CARE AND CONDITION WEATHER SAFETY
 SCALE.   EXTREME HEAT AND COLD LIMITATIONS SHALL MEAN AN AMBIENT TEMPER-
 ATURE OF EIGHTY DEGREES FAHRENHEIT AND  THIRTY-FIVE  DEGREES  FAHRENHEIT
 RESPECTIVELY.
   (C)  "SHELTER"  SHALL MEAN CONDITIONS THAT ALLOW THE DOG TO REMAIN DRY
 AND TO BE PROTECTED FROM THE ELEMENTS. A SHELTER SHALL: (I) COMPLY  WITH
 THE  MINIMUM  STANDARDS  FOR APPROPRIATE SHELTER ESTABLISHED PURSUANT TO
 SECTION THREE HUNDRED FIFTY-THREE-B  OF  THIS  ARTICLE;  (II)  BE  FULLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00797-01-3
 A. 54                               2
 
 ENCLOSED  ON ALL SIDES EXCEPT ONE, WHICH SIDE SHALL HAVE AN OPENING THAT
 ALLOWS THE DOG EASY ENTRY TO AND EXIT FROM THE  SHELTER;  (III)  HAVE  A
 SLANTED,  WATERPROOF  ROOF;  (IV)  HAVE A SOLID FLOOR; (V) CONTAIN CLEAN
 BEDDING  OR  STRAW/SHAVINGS.   IF STRAW/SHAVINGS ARE USED, THEY SHALL BE
 REPLACED AT LEAST ONCE EVERY TWO WEEKS SO THAT THE DOG CAN  BURROW  INTO
 IT  FOR  WARMTH;  (VI) BE SMALL ENOUGH TO RETAIN THE DOG'S BODY HEAT AND
 LARGE  ENOUGH  TO  ALLOW  THE  DOG  TO  STAND,  LIE  DOWN   WITH   LIMBS
 OUTSTRETCHED,  AND TURN AROUND COMFORTABLY; AND (VII) HAVE A SURROUNDING
 AREA THAT IS FREE OF STANDING WATER, ICE, AND WASTE.
   (D) "CRUEL CONDITIONS"  OR  "INHUMANE  TETHERING"  SHALL  INCLUDE  THE
 FOLLOWING:
   (I)  EXPOSURE  TO ANIMAL WASTE, GARBAGE, NOXIOUS ODORS OR OBJECTS THAT
 COULD INJURE OR KILL A DOG, PROVIDED THAT A DOG MAY BE EXPOSED TO  THEIR
 OWN  WASTE THAT WAS PRODUCED WHILE TETHERED SO LONG AS ANY SUCH WASTE IS
 CLEARED PRIOR TO THE DOG BEING TETHERED.
   (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.
   (V) BEING TETHERED TO A VACANT PROPERTY.
   (VI) ANY TETHERING THAT COULD REASONABLY LEAD TO THE DISTRESS, SERIOUS
 DISCOMFORT, INJURY, OR DEATH OF THE DOG.
   2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IT SHALL BE UNLAWFUL
 TO TETHER A DOG OUTDOORS, EXCEPT WHEN ALL OF  THE  FOLLOWING  CONDITIONS
 ARE MET:
   (A) THE TETHER SHALL: (I) BE AT LEAST ONE INCH THICK AND SHALL FIT THE
 DOG  PROPERLY AND COMFORTABLY, INCLUDING WHEN USED ON A DOG THAT HAS NOT
 FINISHED GROWING, IN WHICH CASE THE TETHER SHALL BE MODIFIED TO ENSURE A
 COMFORTABLE FIT; (II) CONNECT AT BOTH ENDS WITH A SWIVEL AND BE  AFFIXED
 IN SUCH A MANNER THAT IT WILL PREVENT THE DOG FROM BECOMING ENTANGLED OR
 INJURED,  AND GENERALLY NOT LIKELY TO ENTANGLE THE DOG; (III) WEIGH LESS
 THAN 1/13TH OF THE DOG'S WEIGHT AND SHALL WEIGH LESS THAN TWELVE POUNDS;
 (IV) BE FREE OF TANGLES; (V) NOT BE  EMBEDDED,  PARTIALLY  EMBEDDED,  OR
 PRONE TO BECOMING EMBEDDED IN A DOG'S SKIN; (VI) RESTRAIN THE DOG TO THE
 OWNER'S  PROPERTY  IN  SUCH  A  WAY  AS TO PREVENT THE DOG FROM REACHING
 HAZARDS, INCLUDING BUT NOT LIMITED TO POOLS, FENCES, PORCHES, OR RAILING
 THAT POSES A STRANGULATION RISK; AND (VII) HAVE  AN  APPROPRIATE  LENGTH
 SUCH  THAT  THE TETHER MUST ALLOW THE DOG SUFFICIENT MOVEMENT TO URINATE
 IN A SEPARATE AREA FROM THE AREA WHERE IT MUST EAT, DRINK, OR LIE DOWN.
   (B) THE LENGTH OF A STATIONARY TETHER SHALL NOT BE LESS  THAN  FIFTEEN
 FEET  IN  LENGTH, 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.
   (C)  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.
   (D)  THE  TETHER MUST BE ATTACHED TO THE DOG WITH A BUCKLE TYPE COLLAR
 OR A BODY HARNESS MADE OF MATERIAL NOT  NORMALLY  SUSCEPTIBLE  TO  BEING
 SEVERED  BY THE DOG THROUGH CHEWING OR OTHERWISE AND THAT WILL NOT CAUSE
 TRAUMA TO THE DOG.
   (E) CHOKE-, PINCH-, OR PRONG-TYPE COLLARS, ATTACHED WEIGHTS  OR  CHAIN
 LINKS  OVER  ONE-QUARTER  INCH THICK, OR ANY OTHER COLLAR THAT RESTRAINS
 THE DOG IN SUCH A MANNER THAT IT IMPAIRS THE FLOW OF OXYGEN OR BLOOD  TO
 THE  DOG,  WHICH MAY CAUSE CHOKING OR SUBSTANTIAL DISCOMFORT TO THE DOG,
 SHALL NOT BE UTILIZED FOR TETHERING.
 A. 54                               3
 
   (F) THE TETHERED DOG MUST:
   (I) BE AT LEAST SIX MONTHS OLD;
   (II) NOT BE A NURSING FEMALE OR IN THE ADVANCED STAGES OF PREGNANCY;
   (III)  NOT BE SUFFERING FROM ILLNESS, DEBILITATING DISEASE, INJURY, OR
 DISTRESS; AND
   (IV) BE APPARENTLY FREE OF ANY HEALTH CONDITION THAT WOULD BE  EXACER-
 BATED BY TETHERING.
   (G) IF THERE ARE MULTIPLE DOGS, EACH MUST BE TETHERED SEPARATELY.
   (H)  NO  DOG  SHALL BE TETHERED OUTDOORS BETWEEN THE HOURS OF TEN P.M.
 AND SIX A.M.
   (I) A DOG SHALL NOT BE TETHERED OUTSIDE FOR LONGER THAN  FOUR  CONSEC-
 UTIVE  HOURS OR A TOTAL TIME OUTSIDE IN EXCESS OF SIX HOURS IN A TWENTY-
 FOUR HOUR PERIOD.
   (J) 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.
   (K) TETHERED DOGS MUST HAVE UNENCUMBERED ACCESS TO SHADE, FOOD, WATER,
 SHELTER, AND DRY GROUND WITHOUT BECOMING ENTANGLED.
   (L) TETHERED DOGS MUST BE FREE OF CRUEL CONDITIONS OR INHUMANE TETHER-
 ING AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
   3.  TETHERING  A  SUPERVISED  DOG  FOR  LESS THAN FIFTEEN MINUTES IN A
 PUBLIC LOCATION SHALL NOT BE A VIOLATION OF THIS SECTION SO LONG AS  THE
 TETHERED DOG IS FREE OF CRUEL CONDITIONS OR INHUMANE TETHERING.
   4. THIS SECTION SHALL BE ENFORCED BY THE ATTORNEY GENERAL.
   (A)  A VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION SHALL, FOR A
 FIRST OFFENSE, SHALL BE PUNISHABLE BY A CIVIL FINE NOT  TO  EXCEED  FIVE
 HUNDRED DOLLARS PER DOG.
   (B)  FOR  A SECOND OFFENSE, THE FINE SHALL BE ONE THOUSAND DOLLARS PER
 DOG PLUS REIMBURSEMENT OF INVESTIGATION COSTS.
   (C) FOR A THIRD OR SUBSEQUENT OFFENSE, THE FINE SHALL BE  THREE  THOU-
 SAND  DOLLARS  PER  DOG  PLUS REIMBURSEMENT OF INVESTIGATION COSTS. SUCH
 PERSON SHALL REGISTER WITH ANY APPLICABLE LOCAL  ANIMAL  ABUSE  REGISTRY
 AND SHALL FORFEIT ALL ANIMALS IN SUCH PERSON'S POSSESSION.
   5.  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.
   6.  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.
   7. 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.