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.
STATE OF NEW YORK
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4022
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
___________
Introduced by M. of A. 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.
24 (c) The dog must not be tethered outdoors when a weather advisory or
25 warning is issued by local, state or federal authorities or when outdoor
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05266-01-7
A. 4022 2
1 environmental conditions, including, but not limited to, heat, cold,
2 wind, rain, snow or hail, pose an adverse risk to the health or safety
3 of such dog based on such dog's breed, age or physical condition.
4 (d) The tethered dog is a least six months old.
5 (e) The tethered dog is apparently free of any health condition that
6 would be exacerbated by tethering.
7 (f) If there are multiple dogs, each must be tethered separately.
8 (g) Subject to the provisions of this section and of this article, a
9 dog may be tethered outside for a maximum of three hours or a length of
10 time that is otherwise approved in writing prior thereto by animal
11 control, provided, however, that time shall not exceed twelve hours in
12 any twenty-four hour period and further provided that prior to approving
13 an extension of the three hour maximum tethering limit, animal control
14 must obtain from the custodian of such dog written certification signed
15 by a veterinarian licensed in New York state stating that the health of
16 the dog will not be jeopardized by the extension of the three hour maxi-
17 mum tethering limit. The written veterinary certification and animal
18 control approval required by this paragraph shall be maintained on the
19 premises of the dog's custodian and at animal control and shall be
20 available for inspection by officers authorized to enforce this article.
21 Extensions of the three hour tethering limit shall be effective for no
22 more than sixty days and may be subject to renewal only if the health of
23 the animal has not changed according to another written veterinary
24 certification.
25 (h) In addition to the above requirements, tethered dogs must be free
26 of cruel conditions or inhumane tethering at any time. For purposes of
27 this section, "cruel conditions or inhumane tethering" shall include,
28 but not be limited to, the following:
29 (i) Exposure to animal waste, garbage, noxious odors or objects that
30 could injure or kill a dog.
31 (ii) Exposure to taunting, prodding, provoking, hitting, harassing,
32 threatening or otherwise harming a tethered or confined dog.
33 (iii) Exposing a dog to dangerous conditions, including potential
34 attacks by other animals.
35 (iv) Allowing a dog to become entangled.
36 3. Notwithstanding any provision of this section or any other law to
37 the contrary, no dog shall be tethered outdoors between the hours of
38 eleven p.m. and six a.m.
39 4. (a) A violation of any of the provisions of this section shall, for
40 a first offense, be a class A misdemeanor.
41 (b) For a second and any subsequent offense, a person shall be guilty
42 of a class B misdemeanor.
43 (c) Nothing in this subdivision shall prevent the seizure of a dog for
44 a violation of this section pursuant to the authority granted in this
45 article.
46 5. Tethering a supervised dog for less than fifteen minutes in a
47 public location shall not be a violation of this section.
48 6. Nothing in this section shall be construed to limit or prevent a
49 municipality from enacting or enforcing a local law, rule, regulation or
50 ordinance regarding tethering or chaining of dogs, provided, however,
51 that any such local law, rule, regulation or ordinance shall be no less
52 stringent than the provisions of this section.
53 7. Nothing in this section shall be construed to affect any
54 protections afforded to dogs under any other provisions of this article
55 or other law or regulation.
A. 4022 3
1 8. The provisions of this section shall not apply to any federal,
2 state, or local law enforcement agency.
3 § 2. This act shall take effect on the thirtieth day after it shall
4 have become a law.
