S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5854--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee  on  Agriculture  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the agriculture and markets law, in relation to  tether-
   ing restrictions and proper outdoor shelter for dogs

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 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
 or person with custody or control of the dog should reasonably be aware.
   (b)  "Inclement weather" shall mean weather conditions that are likely
 to adversely affect the health or safety of the dog, including  but  not
 limited to rain, sleet, ice, snow, HAIL, wind, or extreme heat and cold.
   (c)  "EXTREME  HEAT  OR  COLD"  SHALL  MEAN TEMPERATURES OF THIRTY-TWO
 DEGREES FAHRENHEIT OR BELOW, OR NINETY DEGREES FAHRENHEIT OR ABOVE.
   (D) "Dogs that are left outdoors" shall mean dogs 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 that is
 left outdoors FOR MORE THAN THIRTY MINUTES shall provide it with CONTIN-
 UOUS ACCESS TO 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, punishable by a fine of not less
 than  fifty  dollars  nor  more  than  one  hundred  dollars for a first
 offense, and a fine of not less than one hundred dollars nor  more  than
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10125-02-3
              

 A. 5854--A                          2
 
 two  hundred  fifty dollars for a second and subsequent offenses. Begin-
 ning seventy-two hours after a charge of violating  this  section,  each
 day  that a defendant fails to correct the deficiencies in the dog shel-
 ter  for  a  dog 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
 for a violation of this section pursuant to  the  authority  granted  in
 this article.
   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 EXPOSURE  TO  direct
 sunlight,  HOT PAVEMENT, OR ANY OTHER HOT SURFACE at all times when SUCH
 exposure [to sunlight] is likely to threaten the health of the dog.
   (b) For all dogs that are left outdoors in inclement weather, a  hous-
 ing facility, which must:
   (1) have a waterproof roof;
   (2)  be structurally sound AND IN GOOD REPAIR, with NO SHARP POINTS OR
 EDGES;
   (3) BE IN AN UPRIGHT POSITION AT ALL TIMES;
   (4) HAVE ADEQUATE VENTILATION SUFFICIENT TO ALLOW THE  DOG  TO  REMAIN
 DRY AND MAINTAIN A NORMAL BODY TEMPERATURE;
   (5)  HAVE A FLOOR, insulation appropriate to local climatic conditions
 and sufficient to protect the dog from inclement weather AND  ALLOW  THE
 DOG  TO  MAINTAIN  A  NORMAL  BODY TEMPERATURE, AND, IF UNDER THIRTY-TWO
 DEGREES FAHRENHEIT, A WINDBREAK;
   [(3)] (6) BE LOCATED REASONABLY AWAY FROM FLOOD AREAS AND  CLEARED  OF
 SNOW, PRECIPITATION, AND DEBRIS;
   (7)  be  constructed to allow each dog 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 PROVIDE
 SUFFICIENT SPACE SUCH THAT WHEN THE DOG IS IN A NORMAL SITTING POSITION,
 THE TOP OF ITS HEAD CANNOT TOUCH THE SHELTER CEILING;
   (8) ALLOW THE DOG ACCESS TO CLEAN,  POTABLE  WATER,  AND  EXPOSURE  TO
 NATURAL  OR  ARTIFICIAL LIGHT CONSISTENT WITH A REGULAR CYCLE OF DAY AND
 NIGHT; and
   [(4)] (9) allow for effective removal of excretions, other waste mate-
 rial[;], dirt, and trash. 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.
   4. SHELTER APPROPRIATE TO A DOG'S BREED, PHYSICAL CONDITION,  AND  THE
 CLIMATE SHALL NOT INCLUDE:
   (A)  A  CRAWL  SPACE  UNDER  A BUILDING OR PART OF A BUILDING, SUCH AS
 UNDER STEPS, A DECK, OR A STOOP;
   (B) THE SPACE UNDER A VEHICLE; OR
   (C) A STRUCTURE:
   (1) MADE FROM PRESSURE TREATED WOOD CONTAINING ARSENIC OR CHROMIUM;
   (2) THAT IS LOCATED OUTDOORS AND MADE FROM CARDBOARD OR OTHER  MATERI-
 ALS THAT ARE EASILY DEGRADED BY THE ELEMENTS; OR
   (3)  WITH  A FLOOR CONSISTING OF WIRE OR CHAIN-LINK OR HAVING OPENINGS
 THROUGH WHICH THE PAW OR FOOT OF A DOG CAN PASS.
 A. 5854--A                          3
 
   5. 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.
   [5.]  6.  Upon  a finding of any violation of this section, any dog or
 dogs 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.
   [6.] 7. Nothing in this section  shall  be  construed  to  affect  any
 protections afforded to dogs or other animals under any other provisions
 of this article.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 352 to read as follows:
   § 352. UNLAWFUL TETHERING OF DOGS. 1. FOR PURPOSES  OF  THIS  SECTION,
 "UNOCCUPIED  OR  VACANT PROPERTY" MEANS PROPERTY THAT IS DEVOID OF HUMAN
 INHABITANTS OR OCCUPANTS, OR ON WHICH PEOPLE DO NOT REGULARLY RESIDE  OR
 OPERATE A BUSINESS.
   2. A PERSON SHALL NOT TETHER OR RESTRAIN A DOG:
   (A)  IN ANY MANNER OR TO ANY DOG HOUSE, TREE, FENCE, VEHICLE, OR OTHER
 STATIONARY OBJECT FOR A PERIOD EXCEEDING FOUR NON-CONSECUTIVE INCREMENTS
 OF THIRTY MINUTES IN A TWENTY-FOUR HOUR PERIOD WHEN NOT UNDER THE DIRECT
 SUPERVISION OF THE OWNER OF THE DOG OR RESPONSIBLE PERSON  WITH  CUSTODY
 OR CONTROL OF SUCH DOG;
   (B) IF THE DOG IS ILL, SUFFERING FROM A DEBILITATING DISEASE, INJURED,
 OR IN DISTRESS, OR IS A NURSING FEMALE, OR IS LESS THAN SIX MONTHS OLD;
   (C) ON UNOCCUPIED OR VACANT PROPERTY, OR ANY STRUCTURE THEREON;
   (D) WITH A TETHER ON WHICH MORE THAN ONE DOG IS RESTRAINED;
   (E)  WITH  A  TETHER LENGTH OF LESS THAN THREE TIMES THE LENGTH OF THE
 SIZE OF THE DOG, AS MEASURED FROM SUCH DOG'S NOSE TO  THE  END  OF  SUCH
 DOG'S TAIL;
   (F)  WITH  A  TETHER  THAT  PERMITS THE DOG TO REACH ANOTHER DOG OR AN
 OBJECT OR LOCATION THAT POSES A  RISK  OF  ENTANGLEMENT,  STRANGULATION,
 DROWNING,  OR  OTHER HARM TO THE HEALTH OR SAFETY OF THE DOG, INCLUDING,
 BUT NOT LIMITED TO, ANOTHER DOG'S TETHER OR A WINDOW SILL, FENCE,  WALL,
 PORCH,  TERRACE,  RAILING, VEHICLE, TREE, POLE, POOL, OR PUBLIC WALKWAY,
 ROAD, OR HIGHWAY;
   (G) WITH THE USE OF  A  CHOKE  COLLAR,  PRONG  COLLAR,  HEAD  HARNESS,
 MARTINGALE  COLLAR,  OR  CHAIN  WITH  METAL LINKS THAT ARE MORE THAN ONE
 QUARTER OF AN INCH THICK, OR A TETHER, COLLAR, OR  HARNESS  TO  WHICH  A
 WEIGHT  IS  ATTACHED WITHOUT A PROPERLY FITTING HARNESS OR COLLAR WITH A
 SWIVEL ATTACHMENT AT EACH END THAT WILL NOT CAUSE TRAUMA  OR  INJURY  TO
 THE DOG AND ALLOWS NORMAL BREATHING AND SWALLOWING;
   (H)  IN A MANNER THAT PREVENTS THE DOG'S ACCESS TO SANITARY AND LIQUID
 WATER, FOOD, AND PROPER SHELTER WITHOUT BECOMING ENTANGLED WHEN TETHERED
 FOR MORE THAN THIRTY MINUTES;
   (I) IN A MANNER THAT EXPOSES THE DOG TO INCLEMENT WEATHER, AS  DEFINED
 BY  PARAGRAPH  (B)  OF  SUBDIVISION  ONE OF SECTION THREE HUNDRED FIFTY-
 THREE-B OF THIS ARTICLE, FOR MORE THAN FIFTEEN MINUTES; OR
   (J) IN A MANNER THAT EXPOSES THE DOG TO  ACCUMULATED  WASTE  OR  OTHER
 DEBRIS, PRECIPITATION, OR FLOODING.
   3.  (A) THE OWNER OF A DOG SHALL BE LIABLE FOR A VIOLATION OF SUBDIVI-
 SION TWO OF THIS SECTION THAT OCCURS ON ANY PROPERTY BELONGING  TO  SUCH
 A. 5854--A                          4
 
 OWNER  OR  ON  WHICH  SUCH  OWNER  RESIDES AT THE TIME OF THE VIOLATION,
 REGARDLESS OF WHETHER SUCH OWNER IS PRESENT WHEN THE VIOLATION OCCURS.
   (B)  A PERSON WITH CUSTODY OR CONTROL OF A DOG WHO IS NOT THE OWNER OF
 THE DOG SHALL BE LIABLE FOR A  VIOLATION  OF  SUBDIVISION  TWO  OF  THIS
 SECTION THAT OCCURS ON ANY PROPERTY BELONGING TO SUCH PERSON OR ON WHICH
 SUCH  PERSON RESIDES AT THE TIME OF THE VIOLATION, REGARDLESS OF WHETHER
 SUCH PERSON IS PRESENT WHEN THE VIOLATION OCCURS.
   4. PARAGRAPHS (C), (E), AND (F) OF SUBDIVISION  TWO  OF  THIS  SECTION
 SHALL  NOT  APPLY  IF,  AT  ALL  TIMES  WHILE  THE  DOG  IS  TETHERED OR
 RESTRAINED, ANY PERSON, INCLUDING THE OWNER OR PERSON  WITH  CUSTODY  OR
 CONTROL OF THE DOG:
   (A) IS IN THE PRESENCE OF THE DOG, WHETHER INDOORS OR OUTDOORS; AND
   (B)  CAN  SEE THE DOG, UNLESS THE PERSON IS BLIND OR VISUALLY IMPAIRED
 SO THAT THE PERSON CANNOT SEE THE DOG DUE TO SUCH  BLINDNESS  OR  VISUAL
 IMPAIRMENT,  IN  WHICH CASE THE PERSON SHALL REMAIN IMMEDIATELY ADJACENT
 TO THE DOG.
   5. PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY IF
 THE DOG IS INDOORS AND A PERSON IS INDOORS WITH THE DOG.
   6. NOTHING IN THIS SECTION SHALL PREVENT THE SEIZURE OF A  DOG  FOR  A
 VIOLATION  OF  THIS  SECTION  PURSUANT  TO THE AUTHORITY GRANTED IN THIS
 ARTICLE.
   7.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
 PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
 OF THIS ARTICLE.
   § 3. This act shall take effect immediately.