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A08089 Summary:

BILL NOA08089
 
SAME ASSAME AS S00841
 
SPONSORRosenthal
 
COSPNSR
 
MLTSPNSR
 
Amd 353, 353-b & 356, add 353-g, Ag & Mkts L
 
Makes the failure to provide food, water or appropriate shelter to a companion animal (dogs and cats) left outside a felony punishable by a fine of not more than $5,000, or imprisonment for not more than 2 years, or by both such fine and imprisonment.
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A08089 Actions:

BILL NOA08089
 
05/25/2017referred to agriculture
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A08089 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8089
 
SPONSOR: Rosenthal
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the provision of food, water and appropriate shelter for companion animals left outdoors   PURPOSE: The purpose of this legislation is to increase penalties on those who fail to provide adequate shelter to any companion animals left outdoors in weather conditions that are likely to adversely affect the animal's health or safety. Such acts would result in a felony conviction, up to two years in prison and up to $55,000 in fines.   SUMMARY OF PROVISIONS: Section one: Creates a new provision of the agriculture and markets law, S 353-b which changes the term "dogs" to "companion animals," and estab- lishes that term throughout. Section two: Extends the current law regarding penalties for any person who knowingly violates the provisions of this section from being guilty of a mere violation to a felony. Additionally, the fine of not more that 5100 is raised to 55000.00, and imprisonment for not more than two years, or both such fine and imprisonment. Section three : (b) Provides in greater detail an explanation of the standards related to the companion animal's housing facilities indicat- ing that they be structurally sound "so as to protect the companion animal from the inclement weather; be appropriate for the companion animal's breed and physical condition, and the climate." This section also calls for the structure to "have four connected sides and a raised floor; have a door maintained in good repair that is offset and baffled if necessary, to eliminate the entry of drafts and precipitation, and also allow the accumulation of body heat; provided, further, that damaged door flaps shall be replaced." (c) Calls for enclosures to be set on a solid foundation such as stone or concrete with proper drainage, submitted in accordance with Senate Rule VI, S 1 (d) Provides that the companion animal be provided with dry bedding and/or solid resting boards so as to conserve its body heat. Section five: Connotes completion of any sentence of imprisonment imposed for violation of this section. Section six: Adds a new section (S 353-f) which reads as follows; "Fail- ure to provide proper food and drink to a companion animal. Any person who, having ownership, custody or control of a companion animal, refuses or neglects to supply such animal a sufficient supply of food or water so as to impair the health of the companion animal shall be guilty of a felony, punishable by a fine of not more than five thousand dollars, or imprisonment for not more than two years, or both such fine and impri- sonment." This section also provides for an effective date of September 1, succeeding enactment.   JUSTIFICATION: Leaving a companion animal outside in the extreme cold to live in a barrel or out in a yard day in and day out is no way to treat man's best friend. The punishment for leaving a dog out in the freezing cold to potentially die should be beyond a mere slap on the wrist, pay your fine and go back to your puppy mill to extract more blood money. It should be criminal. This legislation seeks to modernize this anachronism in our state's animal cruelty laws and ensure we can better protect those who have no voice - our companion animals - from abuse and neglect.   FISCAL IMPLICATIONS: None Strict enforcement of penalties and fines may create additional revenues for municipalities.   EFFECTIVE DATE: This act shall take effect on the first of September next succeeding the date on which it shall have become law.
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A08089 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8089
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Agriculture
 
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          provision of food, water and appropriate shelter for companion animals
          left outdoors
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of section 353 of the agriculture and
     2  markets law, as amended by chapter 523 of the laws of 2005,  is  amended
     3  to read as follows:
     4    A  person  who  overdrives,  overloads,  tortures  or cruelly beats or
     5  unjustifiably injures, maims, mutilates or  kills  any  animal,  whether
     6  wild  or  tame,  and  whether  belonging  to  himself  or to another, or
     7  deprives any animal, other than a companion animal, of necessary  suste-
     8  nance,  food  or drink, or neglects or refuses to furnish it such suste-
     9  nance or drink, or causes, procures or permits any animal  to  be  over-
    10  driven,  overloaded, tortured, cruelly beaten, or unjustifiably injured,
    11  maimed, mutilated or killed, or, being any animal other than a companion
    12  animal, to be deprived of necessary food or drink, or who wilfully  sets
    13  on  foot,  instigates,  engages  in,  or  in any way furthers any act of
    14  cruelty to any animal, or any act tending to produce  such  cruelty,  is
    15  guilty  of  a  class  A misdemeanor and for purposes of paragraph (b) of
    16  subdivision one of section 160.10 of the criminal procedure  law,  shall
    17  be treated as a misdemeanor defined in the penal law.
    18    §  2.    Section 353-b of the agriculture and markets law, as added by
    19  chapter 594 of the laws of 2003, is amended to read as follows:
    20    §  353-b.  Appropriate  shelter  for  [dogs]  companion  animals  left
    21  outdoors. 1. For purposes of this section:
    22    (a)  "Physical condition" shall include any special medical needs of a
    23  dog due to disease, illness, injury, age or breed about which the  owner

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06411-01-7

        A. 8089                             2
 
     1  or person with custody or control of [the dog] a companion animal should
     2  reasonably be aware.
     3    (b)  "Inclement weather" shall mean weather conditions that are likely
     4  to adversely affect the health  or  safety  of  [the  dog]  a  companion
     5  animal,  including  but  not limited to rain, sleet, ice, snow, wind, or
     6  extreme heat and cold.
     7    (c) "[Dogs] Companion animals  that  are  left  outdoors"  shall  mean
     8  [dogs]  companion animals that are outdoors in inclement weather without
     9  ready access to, or the ability to enter, a house,  apartment  building,
    10  office building, or any other permanent structure that complies with the
    11  standards  enumerated  in  paragraph  (b)  of  subdivision three of this
    12  section.
    13    2. (a) Any person who owns or  has  custody  or  control  of  a  [dog]
    14  companion  animal  that  is  left outdoors shall provide it with shelter
    15  appropriate to its breed, physical condition and the climate. Any person
    16  who knowingly violates the provisions of this section shall be guilty of
    17  a [violation] felony, punishable by a  fine  of  not  [less  than  fifty
    18  dollars  nor] more than [one hundred] five thousand dollars [for a first
    19  offense, and a fine of not less than one hundred dollars nor  more  than
    20  two  hundred  fifty  dollars  for  a second and subsequent offenses], or
    21  imprisonment for not more than two years, or both such fine  and  impri-
    22  sonment.    Beginning seventy-two hours after a charge of violating this
    23  section, each day that a defendant fails to correct the deficiencies  in
    24  the  [dog]  shelter  for a [dog] companion animal that he or she owns or
    25  that is in his or her custody or control and that is left  outdoors,  so
    26  as to bring it into compliance with the provisions of this section shall
    27  constitute a separate offense.
    28    (b)  [The  court may, in its discretion, reduce the amount of any fine
    29  imposed for a violation of this section by the amount which the  defend-
    30  ant  proves  he or she has spent providing a dog shelter or repairing an
    31  existing dog shelter so that it complies with the requirements  of  this
    32  section.] Nothing in this paragraph shall prevent the seizure of a [dog]
    33  companion animal for a violation of this section pursuant to the author-
    34  ity granted in this article.
    35    3. Minimum standards for determining whether shelter is appropriate to
    36  a  [dog's]  companion animal's breed, physical condition and the climate
    37  shall include:
    38    (a) For [dogs] companion animals that are  restrained  in  any  manner
    39  outdoors,  shade  by  natural  or  artificial means to protect the [dog]
    40  companion animal from direct sunlight at  all  times  when  exposure  to
    41  sunlight is likely to threaten the health of the [dog] companion animal.
    42    (b)  For all [dogs] companion animals that are left outdoors in incle-
    43  ment weather, a housing facility, which  must:  (1)  have  a  waterproof
    44  roof;  (2)  be  structurally sound [with] so as to protect the companion
    45  animal from the inclement weather; (3) be appropriate for the  companion
    46  animal's  breed  and physical condition, and the climate; (4) have insu-
    47  lation appropriate  to  local  climatic  conditions  and  sufficient  to
    48  protect  the  [dog]  companion  animal from inclement weather; [(3)] (5)
    49  have four connected sides and a raised floor; (6) have a door maintained
    50  in good repair, that is offset and baffled, if necessary,  to  eliminate
    51  the  entry  of drafts and precipitation, and also allow the accumulation
    52  of body heat; provided,  further,  that  damaged  door  flaps  shall  be
    53  replaced;  (7)  be  constructed  to  allow  each  [dog] companion animal
    54  adequate freedom  of  movement  to  make  normal  postural  adjustments,
    55  including  the  ability  to  stand up, turn around and lie down with its
    56  limbs outstretched; and [(4)] (8) allow for effective removal of  excre-

        A. 8089                             3
 
     1  tions, other waste material[;], dirt and trash. The housing facility and
     2  the  area immediately surrounding it shall be regularly cleaned to main-
     3  tain a healthy and sanitary environment and to minimize health hazards.
     4    (c)  For  companion animals that are restrained in any manner outdoors
     5  in an enclosure, such enclosure shall be set on a solid foundation, such
     6  as stone or concrete, or solid ground that is well drained.
     7    (d) For companion animals that are restrained in any enclosure, wheth-
     8  er indoors or outdoors, the animal shall be provided  with  dry  bedding
     9  and/or  solid  resting boards so as to conserve its body heat, and under
    10  no circumstance shall a companion animal be forced  to  lie  on  a  damp
    11  surface or upon unheated concrete or stone.
    12    4.  Inadequate shelter may be indicated by the appearance of the hous-
    13  ing facility itself, including but  not  limited  to,  size,  structural
    14  soundness,  evidence  of crowding within the housing facility, healthful
    15  environment in the area immediately surrounding such facility, or by the
    16  appearance or physical condition of the [dog] companion animal.
    17    5. Upon a finding of any violation of this section, any [dog or  dogs]
    18  companion  animal or companion animals seized pursuant to the provisions
    19  of this article that have not been voluntarily surrendered by the  owner
    20  or  custodian  or forfeited pursuant to court order shall be returned to
    21  the owner or custodian only  upon  proof  that  appropriate  shelter  as
    22  required  by  this  section  is being provided and the completion of any
    23  sentence of imprisonment imposed for violation of this section.
    24    6.  Nothing  in  this  section  shall  be  construed  to  affect   any
    25  protections  afforded to [dogs] companion animals or other animals under
    26  any other provisions of this article.
    27    § 3. The agriculture and markets  law  is  amended  by  adding  a  new
    28  section 353-g to read as follows:
    29    §  353-g.  Failure  to  provide  proper  food and drink to a companion
    30  animal. Any person who,  having  ownership,  custody  or  control  of  a
    31  companion animal, refuses or neglects to supply such animal a sufficient
    32  supply  of  food  or  water  so as to impair the health of the companion
    33  animal shall be guilty of a felony, punishable by a  fine  of  not  more
    34  than five thousand dollars, or imprisonment for not more than two years,
    35  or both such fine and imprisonment.
    36    §  4.  Section  356  of the agriculture and markets law, as amended by
    37  chapter 458 of the laws of 1985, is amended to read as follows:
    38    § 356. Failure to provide proper food and drink to impounded animal. A
    39  person who, having impounded  or  confined  any  animal,  other  than  a
    40  companion  animal,  refuses  or neglects to supply to such animal during
    41  its confinement a sufficient supply of good  and  wholesome  air,  food,
    42  shelter  and  water, is guilty of a misdemeanor, punishable by imprison-
    43  ment for not more than one year, or by a fine of not more than one thou-
    44  sand dollars, or by both. In case  any  animal,  including  a  companion
    45  animal,  shall be at any time impounded as aforesaid, and shall continue
    46  to be without necessary food and water for more than  twelve  successive
    47  hours,  it  shall  be  lawful  for any person, from time to time, and as
    48  often as it shall be necessary, to enter into  and  upon  any  pound  in
    49  which any such animal shall be so confined, and to supply it with neces-
    50  sary food and water, so long as it shall remain so confined; such person
    51  shall  not  be  liable  to any action for such entry, and the reasonable
    52  cost of such food and water may be collected by  [him  of]  such  person
    53  from  the  owner of such animal, and the said animal shall not be exempt
    54  from levy and sale upon execution issued upon a judgment therefor.
    55    § 5. This act shall  take  effect  on  the  first  of  September  next
    56  succeeding the date on which it shall have become a law.
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