Bill Text: NY A00729 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to outdoor restraints of companion animals; prohibits tethering for more than 3 hours or a time approved by in writing by animal control but not to exceed 12 hours in any 24 hour period; prohibits tethering when a weather advisory or warning is in effect; tethered dogs must be free of cruel conditions or inhumane tethering; misdemeanor.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A00729 Detail]

Download: New_York-2019-A00729-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           729
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. L. ROSENTHAL, MOSLEY -- 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:
     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 companion animals. 1.  For  purposes  of
     4  this  section,  "tether" means to restrain a dog by attaching the dog to
     5  any object or structure, including without  limitation  a  house,  tree,
     6  fence, post, garage, or shed, by any means, including without limitation
     7  a  chain, rope, cord, leash, or running line. Tethering does not include
     8  the use of a leash to walk a dog.
     9    2. It shall be unlawful to tether a dog outdoors, except when  all  of
    10  the following conditions are met:
    11    (a)  The  tether must be attached to the dog with a buckle type collar
    12  or a body harness made of nylon or leather that is  at  least  one  inch
    13  thick.    Choke  or pinch type collars, attached weights and chains over
    14  one-quarter inch thick cannot be utilized for tethering.
    15    (b) (i) The length of a stationary tether shall not be less  than  ten
    16  feet or five times the length of the dog's body as measured from the tip
    17  of  the nose to the base of the tail, whichever length is greater; shall
    18  connect at both ends with a swivel; shall weigh less than 1/10th of  the
    19  dog's  weight;  shall  be free of tangles; and shall restrain the dog to
    20  the owner's property.
    21    (ii) If the dog is tethered to a pulley, running line, or  trolley  or
    22  cable  system,  it  must be a minimum of fifteen feet long and less than
    23  seven feet above the ground.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02548-01-9
        A. 729                              2
     1    (c) The dog must not be tethered outdoors when a weather  advisory  or
     2  warning is issued by local, state or federal authorities or when outdoor
     3  environmental  conditions,  including,  but  not limited to, heat, cold,
     4  wind, rain, snow or hail, pose an adverse risk to the health  or  safety
     5  of such dog based on such dog's breed, age or physical condition.
     6    (d) The tethered dog is a least six months old.
     7    (e)  The  tethered dog is apparently free of any health condition that
     8  would be exacerbated by tethering.
     9    (f) If there are multiple dogs, each must be tethered separately.
    10    (g) Subject to the provisions of this section and of this  article,  a
    11  dog  may be tethered outside for a maximum of three hours or a length of
    12  time that is otherwise approved  in  writing  prior  thereto  by  animal
    13  control,  provided,  however, that time shall not exceed twelve hours in
    14  any twenty-four hour period and further provided that prior to approving
    15  an extension of the three hour maximum tethering limit,  animal  control
    16  must  obtain from the custodian of such dog written certification signed
    17  by a veterinarian licensed in New York state stating that the health  of
    18  the dog will not be jeopardized by the extension of the three hour maxi-
    19  mum  tethering  limit.  The  written veterinary certification and animal
    20  control approval required by this paragraph shall be maintained  on  the
    21  premises  of  the  dog's  custodian  and  at animal control and shall be
    22  available for inspection by officers authorized to enforce this article.
    23  Extensions of the three hour tethering limit shall be effective  for  no
    24  more than sixty days and may be subject to renewal only if the health of
    25  the  animal  has  not  changed  according  to another written veterinary
    26  certification.
    27    (h) In addition to the above requirements, tethered dogs must be  free
    28  of  cruel  conditions or inhumane tethering at any time. For purposes of
    29  this section, "cruel conditions or inhumane  tethering"  shall  include,
    30  but not be limited to, the following:
    31    (i)  Exposure  to animal waste, garbage, noxious odors or objects that
    32  could injure or kill a dog.
    33    (ii) Exposure to taunting, prodding,  provoking,  hitting,  harassing,
    34  threatening or otherwise harming a tethered or confined dog.
    35    (iii)  Exposing  a  dog  to  dangerous conditions, including potential
    36  attacks by other animals.
    37    (iv) Allowing a dog to become entangled.
    38    3. Notwithstanding any provision of this section or any other  law  to
    39  the  contrary,  no  dog  shall be tethered outdoors between the hours of
    40  eleven p.m. and six a.m.
    41    4. (a) A violation of any of the provisions of this section shall, for
    42  a first offense, be a class A misdemeanor.
    43    (b) For a second and any subsequent offense, a person shall be  guilty
    44  of a class B misdemeanor.
    45    (c) Nothing in this subdivision shall prevent the seizure of a dog for
    46  a  violation  of  this section pursuant to the authority granted in this
    47  article.
    48    5. Tethering a supervised dog for  less  than  fifteen  minutes  in  a
    49  public location shall not be a violation of this section.
    50    6.  Nothing  in  this section shall be construed to limit or prevent a
    51  municipality from enacting or enforcing a local law, rule, regulation or
    52  ordinance regarding tethering or chaining of  dogs,  provided,  however,
    53  that  any such local law, rule, regulation or ordinance shall be no less
    54  stringent than the provisions of this section.
        A. 729                              3
     1    7.  Nothing  in  this  section  shall  be  construed  to  affect   any
     2  protections  afforded to dogs under any other provisions of this article
     3  or other law or regulation.
     4    8.  The  provisions  of  this  section shall not apply to any federal,
     5  state, or local law enforcement agency.
     6    § 2. This act shall take effect on the thirtieth day  after  it  shall
     7  have become a law.