Bill Text: NY A00054 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to outdoor restraints of dogs; prohibits tethering under cruel or inhumane conditions, including during dangerous weather conditions when a weather alert, advisory or warning is in effect; provides for civil penalties for violations.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-01-03 - referred to agriculture [A00054 Detail]

Download: New_York-2023-A00054-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          54--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M. of A. L. ROSENTHAL, THIELE, JACKSON, STERN, SIMONE --
          read once and referred to the Committee 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 outdoor
          restraint of dogs

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 353-g to read as follows:
     3    § 353-g. Outdoor restraint of dogs.  Definitions. 1. For the  purposes
     4  of this section:
     5    (a)  "Tether" shall mean to restrain a dog by attaching the dog to any
     6  object or structure, including without limitation a house, tree,  fence,
     7  post,  garage,  or  shed,  by  any means, including without limitation a
     8  chain, rope, cord, leash, or running line. Tethering  does  not  include
     9  the  use of a leash to walk a dog or circumstances where a dog is other-
    10  wise accompanied by a person who owns or has custody or control  of  the
    11  dog.
    12    (b)  "Dangerous  weather  conditions"  shall mean inclement weather as
    13  defined in section three hundred fifty-three-b of this  article,  condi-
    14  tions  described in a weather alert, advisory or other warning issued by
    15  a local, state or federal authority, or when outside weather conditions,
    16  including but not limited to extreme heat, cold, wind,  rain,  snow,  or
    17  hail,  pose  an  adverse  risk to the health or safety of a dog based on
    18  breed, age, and physical condition,  in  accordance  with  the  industry
    19  standard set forth in the Tufts Animal Care and Condition Weather Safety
    20  Scale.   Extreme heat and cold limitations shall mean an ambient temper-
    21  ature of eighty degrees Fahrenheit and  thirty-five  degrees  Fahrenheit
    22  respectively.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00797-04-3

        A. 54--A                            2

     1    (c)  "Shelter"  shall mean conditions that allow the dog to remain dry
     2  and to be protected from the elements. A shelter shall: (i) comply  with
     3  the  minimum  standards  for appropriate shelter established pursuant to
     4  section three hundred fifty-three-b  of  this  article;  (ii)  be  fully
     5  enclosed  on all sides except one, which side shall have an opening that
     6  allows the dog easy entry to and exit from the  shelter;  (iii)  have  a
     7  slanted,  waterproof  roof;  (iv)  have a solid floor; (v) contain clean
     8  bedding or straw/shavings.  If straw/shavings are used,  they  shall  be
     9  replaced  at  least once every two weeks so that the dog can burrow into
    10  it for warmth; (vi) be small enough to retain the dog's  body  heat  and
    11  large   enough   to  allow  the  dog  to  stand,  lie  down  with  limbs
    12  outstretched, and turn around comfortably; and (vii) have a  surrounding
    13  area that is free of standing water, ice, and waste.
    14    (d)  "Cruel  conditions"  or  "inhumane  tethering"  shall include the
    15  following:
    16    (i) Exposure to animal waste, garbage, noxious odors or  objects  that
    17  could  injure or kill a dog, provided that a dog may be exposed to their
    18  own waste that was produced while tethered so long as any such waste  is
    19  cleared prior to the dog being tethered.
    20    (ii)  Exposure  to  taunting, prodding, provoking, hitting, harassing,
    21  threatening or otherwise harming a tethered or confined dog.
    22    (iii) Exposing a dog  to  dangerous  conditions,  including  potential
    23  attacks by other animals.
    24    (iv) Exposing a dog to dangerous weather conditions.
    25    (v) Allowing a dog to become entangled.
    26    (vi) Being tethered to a vacant property.
    27    (vii)  Any tethering that could reasonably lead to the distress, seri-
    28  ous discomfort, injury, or death of the dog.
    29    2. Notwithstanding any other law to the contrary, it shall be unlawful
    30  to tether an unaccompanied dog outdoors, except when all of the  follow-
    31  ing conditions are met:
    32    (a)  The  tether  shall: (i) be in compliance with the rules and regu-
    33  lations set forth by the department; (ii)  not  be  embedded,  partially
    34  embedded,  or prone to becoming embedded in a dog's skin; (iii) restrain
    35  the dog to the owner's property in such a way as to prevent the dog from
    36  reaching hazards, including but not limited to pools,  fences,  porches,
    37  or  railing  that  poses  a  strangulation  risk; and (iv) allow the dog
    38  sufficient movement to urinate in a separate area from the area where it
    39  must eat, drink, or lie down.
    40    (b) The tethered dog must:
    41    (i) be at least six months old;
    42    (ii) not be a nursing female or in the advanced stages of pregnancy;
    43    (iii) not be suffering from illness, debilitating disease, injury,  or
    44  distress; and
    45    (iv)  be apparently free of any health condition that would be exacer-
    46  bated by tethering.
    47    (c) If there are multiple dogs, each must be tethered separately.
    48    (d) No dog shall be tethered outdoors between the hours  of  ten  p.m.
    49  and six a.m.
    50    (e)  A  dog shall not be tethered outside for longer than four consec-
    51  utive hours or a total time outside in excess of six hours in a  twenty-
    52  four hour period.
    53    (f) Tethered dogs must have unencumbered access to shade, food, water,
    54  shelter, and dry ground without becoming entangled.
    55    (g) Tethered dogs must be free of cruel conditions or inhumane tether-
    56  ing.

        A. 54--A                            3

     1    3.  Tethering  a  supervised  dog  for  less than fifteen minutes in a
     2  public location shall not be a violation of this section so long as  the
     3  tethered dog is free of cruel conditions or inhumane tethering.
     4    4. This section shall be enforced by the attorney general.
     5    (a)  A violation of any of the provisions of this section shall, for a
     6  first offense, be punishable by a civil fine not to exceed fifty dollars
     7  total.
     8    (b) For a second offense, the fine shall be one thousand  dollars  per
     9  dog plus reimbursement of investigation costs.
    10    (c)  For  a third or subsequent offense, the fine shall be three thou-
    11  sand dollars per dog plus reimbursement  of  investigation  costs.  Such
    12  person  shall  register  with any applicable local animal abuse registry
    13  and shall forfeit all animals in such person's possession.
    14    5. Nothing in this section shall be construed to limit  or  prevent  a
    15  municipality from enacting or enforcing a local law, rule, regulation or
    16  ordinance  regarding  tethering  or chaining of dogs, provided, however,
    17  that any such local law, rule, regulation or ordinance shall be no  less
    18  stringent than the provisions of this section.
    19    6.   Nothing  in  this  section  shall  be  construed  to  reduce  any
    20  protections afforded to dogs under any other provisions of this  article
    21  or other law or regulation.
    22    7.  The  provisions  of  this  section shall not apply to any federal,
    23  state or local law enforcement agency.
    24    8. The department shall issue  any  necessary  rules  and  regulations
    25  describing  the  humane use of a tether and the proper length and weight
    26  of such tether to ensure the requirements of this section are met.
    27    9. The department shall engage  in  a  public  education  campaign  to
    28  ensure that dog owners are aware of the provisions of this section.
    29    §  2.  This  act shall take effect on the thirtieth day after it shall
    30  have become a law.
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