Bill Text: NY A02122 | 2011-2012 | General Assembly | Amended

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Bill Title: Specifies what constitutes appropriate shelter for dogs restrained outdoors and provides a dog shall not be left outdoors in weather that places the dog in imminent danger due to exposure to heat and cold.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced - Dead) 2012-03-01 - advanced to third reading cal.373 [A02122 Detail]

Download: New_York-2011-A02122-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2122--B
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2011
                                      ___________
       Introduced  by  M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. COOK,
         GLICK, HOOPER, KELLNER, LUPARDO, MARKEY, McENENY,  ROBINSON,  SCHIMEL,
         TITONE  --  read  once and referred to the Committee on Agriculture --
         reported  and  referred  to  the  Committee  on  Codes  --   committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  -- again reported from said committee with amend-
         ments, ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the agriculture and markets law, in relation to defining
         appropriate shelter for dogs restrained outdoors
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  3  of  section  353-b of the agriculture and
    2  markets law, as added by chapter 594 of the laws of 2003, is amended  to
    3  read as follows:
    4    3. Minimum standards for determining whether shelter is appropriate to
    5  a dog's breed, physical condition and the climate shall include:
    6    (a)  For  dogs  that  are  restrained in any manner outdoors, shade by
    7  natural or artificial means to protect the dog from direct  sunlight  at
    8  all  times when exposure to sunlight is likely to threaten the health of
    9  the dog. SUCH SHADE SHALL BE FREELY AND EASILY ACCESSIBLE  TO  THE  DOG.
   10  THE  SOURCE  OF  THE SHADE SHALL BE LARGE ENOUGH TO CAST A SHADOW SUFFI-
   11  CIENT TO SHADE THE DOG'S ENTIRE BODY. IF MULTIPLE DOGS ARE RESTRAINED IN
   12  A COMMON AREA, THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO  CAST  A
   13  SHADOW SUFFICIENT TO SHADE THE BODIES OF ALL DOGS OCCUPYING THE AREA.
   14    (b)  For all dogs that are left outdoors in inclement weather, a hous-
   15  ing facility, which must: (1) have: (A) a waterproof roof  WHICH  COVERS
   16  ALL  OF  THE HOUSING FACILITY OR AN AREA OF THE FACILITY LARGE ENOUGH TO
   17  COMPLETELY SHELTER THE DOG;  (B)  A  PREDOMINANT  AMOUNT  OF  THE  FLOOR
   18  CONSTRUCTED  OF A SOLID MATERIAL OR MATERIALS, INCLUDING BUT NOT LIMITED
   19  TO, WOOD, SOLID STONE, CONCRETE OR CARPET OVER WOOD, CONCRETE  OR  SOLID
   20  STONE,  BUT  EXCLUDING SECTIONS OF METAL CAGES, WHICH AMOUNT SHALL, AT A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04945-03-1
       A. 2122--B                          2
    1  MINIMUM, BE OF AN AREA EQUAL TO THE AREA OCCUPIED BY THE DOG WHEN IT  IS
    2  LYING  DOWN  WITH ITS LIMBS FULLY EXTENDED; AND (C) FOUR ENCLOSED SIDES,
    3  ONE OF WHICH INCLUDES AN APPROPRIATELY-SIZED ENTRANCE WITH A CORRESPOND-
    4  INGLY-SIZED  FLAP  TO  SERVE  AS  A DOOR; (2) be structurally sound with
    5  insulation appropriate to local climatic conditions  and  sufficient  to
    6  protect the dog from inclement weather; (3) be constructed to allow each
    7  dog  adequate freedom of movement to FREELY make normal postural adjust-
    8  ments, including the ability to stand up, turn around and lie down  with
    9  its  limbs outstretched; [and] (4) allow for effective removal of excre-
   10  tions, other waste material; dirt and trash; (5) BE  OF  AN  APPROPRIATE
   11  SIZE  IN  PROPORTION  TO THE SIZE OF THE DOG AND IN CONSIDERATION OF THE
   12  DOG'S PHYSICAL CONDITION TO  PERMIT  THE  BUILD-UP  WITHIN  THE  HOUSING
   13  FACILITY  OF  THE  DOG'S  RADIANT  BODY HEAT IN COLD WEATHER; AND (6) BE
   14  FREELY AND EASILY ACCESSIBLE TO THE DOG. The housing  facility  and  the
   15  area immediately surrounding it shall be regularly cleaned to maintain a
   16  healthy  and  sanitary  environment  and  to minimize health hazards. IF
   17  MULTIPLE DOGS ARE RESTRAINED IN A COMMON AREA, A SEPARATE HOUSING FACIL-
   18  ITY SHALL BE PROVIDED FOR EACH DOG OR A SINGLE  HOUSING  FACILITY  LARGE
   19  ENOUGH TO SHELTER ALL OF THE DOGS SIMULTANEOUSLY SHALL BE PROVIDED.
   20    S 2. Subdivision 6 of section 353-b of the agriculture and markets law
   21  is  renumbered subdivision 7 and a new subdivision 6 is added to read as
   22  follows:
   23    6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  DOG  SHALL
   24  NOT  BE  LEFT  OUTDOORS IF THE SHELTER DESCRIBED IN SUBDIVISION THREE OF
   25  THIS SECTION IS NOT SUFFICIENT TO PROTECT THE DOG FROM  IMMINENT  DANGER
   26  OF  DEATH  OR SERIOUS PHYSICAL INJURY DUE TO EXTREME TEMPERATURES, GIVEN
   27  THE DOG'S PHYSICAL CONDITION, WITHOUT READY ACCESS TO, AND  THE  ABILITY
   28  TO  ENTER  A  BUILDING INCLUDING BUT NOT LIMITED TO A RESIDENTIAL HOUSE,
   29  APARTMENT BUILDING, OFFICE BUILDING OR OTHER PLACE OF  BUSINESS  OF  ITS
   30  OWNER OR OF THE PERSON WHO HAS CUSTODY OR CONTROL OF THE DOG.
   31    S 3. This act shall take effect immediately.