S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6380
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2025
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed 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
 THE MINIMUM STANDARDS FOR APPROPRIATE SHELTER  ESTABLISHED  PURSUANT  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00938-01-5
              

 S. 6380                             2
 
 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.
   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.
 S. 6380                             3
 
   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.