|SAME AS||SAME AS S00841|
|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.|
|05/25/2017||referred to agriculture|
|01/03/2018||referred to agriculture|
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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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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. LBD06411-01-7A. 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 fifty18 dollars nor] more than [ one hundred] five thousand dollars [ for a first19 offense, and a fine of not less than one hundred dollars nor more than20 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 fine29 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 an31 existing dog shelter so that it complies with the requirements of this32 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.