S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    165
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL, JACKSON, STERN, GLICK, DAVILA, KELLES,
   SIMONE -- read once and referred to the Committee on Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to outdoor
   restraint of dogs

   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 DOGS.  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 OR CIRCUMSTANCES WHERE A DOG IS OTHER-
 WISE ACCOMPANIED BY A PERSON WHO OWNS OR HAS CUSTODY OR CONTROL  OF  THE
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00938-01-5
 A. 165                              2
 
 THE  MINIMUM  STANDARDS  FOR APPROPRIATE SHELTER ESTABLISHED PURSUANT TO
 SECTION THREE HUNDRED FIFTY-THREE-B  OF  THIS  ARTICLE;  (II)  BE  FULLY
 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) EXPOSING A DOG TO DANGEROUS WEATHER CONDITIONS.
   (V) ALLOWING A DOG TO BECOME ENTANGLED.
   (VI) BEING TETHERED TO A VACANT PROPERTY.
   (VII) ANY TETHERING THAT COULD REASONABLY LEAD TO THE DISTRESS,  SERI-
 OUS DISCOMFORT, INJURY, OR DEATH OF THE DOG.
   2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IT SHALL BE UNLAWFUL
 TO  TETHER AN UNACCOMPANIED DOG OUTDOORS, EXCEPT WHEN ALL OF THE FOLLOW-
 ING CONDITIONS ARE MET:
   (A) THE TETHER SHALL: (I) BE IN COMPLIANCE WITH THE  RULES  AND  REGU-
 LATIONS  SET  FORTH  BY  THE DEPARTMENT; (II) NOT BE EMBEDDED, PARTIALLY
 EMBEDDED, OR PRONE TO BECOMING EMBEDDED IN A DOG'S SKIN; (III)  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  (IV)  ALLOW  THE  DOG
 SUFFICIENT MOVEMENT TO URINATE IN A SEPARATE AREA FROM THE AREA WHERE IT
 MUST EAT, DRINK, OR LIE DOWN.
   (B) 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.
   (C) IF THERE ARE MULTIPLE DOGS, EACH MUST BE TETHERED SEPARATELY.
   (D)  NO  DOG  SHALL BE TETHERED OUTDOORS BETWEEN THE HOURS OF TEN P.M.
 AND SIX A.M.
   (E) 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.
   (F) TETHERED DOGS MUST HAVE UNENCUMBERED ACCESS TO SHADE, FOOD, WATER,
 SHELTER, AND DRY GROUND WITHOUT BECOMING ENTANGLED.
   (G) TETHERED DOGS MUST BE FREE OF CRUEL CONDITIONS OR INHUMANE TETHER-
 ING.
 A. 165                              3
 
   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, BE PUNISHABLE BY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS
 TOTAL.
   (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  REDUCE  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.
   8. THE DEPARTMENT SHALL ISSUE  ANY  NECESSARY  RULES  AND  REGULATIONS
 DESCRIBING  THE  HUMANE USE OF A TETHER AND THE PROPER LENGTH AND WEIGHT
 OF SUCH TETHER TO ENSURE THE REQUIREMENTS OF THIS SECTION ARE MET.
   9. THE DEPARTMENT SHALL ENGAGE  IN  A  PUBLIC  EDUCATION  CAMPAIGN  TO
 ENSURE THAT DOG OWNERS ARE AWARE OF THE PROVISIONS OF THIS SECTION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.