Prohibits tethering, restraining, caging or penning of dogs outdoors between the hours of 7 p.m. to 6 a.m.; provides dogs may be tethered outdoors between the hours of 6 a.m. and 7 p.m. to a stationary object or a pen or cage in a sized pen or cage four times the height and length of said dog.
STATE OF NEW YORK
________________________________________________________________________
381
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
tethering of dogs
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. Tethering, restraining, caging or penning of dogs. 1. It
4 shall be unlawful to tie, tether, restrain, cage or pen a working or
5 non-working dog outdoors, between the hours of 7 p.m. to 6 a.m.
6 2. A working or non-working dog may be tied, tethered, caged or penned
7 outdoors between the hours of 6 a.m. and 7 p.m., to a stationary object
8 or a pen or cage in a sized pen or cage four times the height and length
9 of said dog; provided it is in a manner that is not inhumane or detri-
10 mental to the dog's welfare, doesn't cause the dog to choke, permits the
11 dog to escape harm and permits the dog to reach food, water, shade and
12 dry ground.
13 3. Any person who knowingly violates the provisions of this section
14 shall be guilty of a misdemeanor, punishable by incarceration in city,
15 town, village or county jail for not less than two days and not more
16 than six months, shall perform between forty-eight and one hundred twen-
17 ty hours of community service, and shall be subject to a fine of between
18 two hundred dollars and one thousand dollars, upon their first offense.
19 Upon their second offense, such person shall be subject to incarceration
20 in city, town, village or county jail for not less than ten days and not
21 more than six months, and shall be subject to a fine of between one
22 thousand dollars and two thousand dollars. Upon their third offense,
23 such person shall be subject to a felony.
24 § 2. This act shall take effect on the sixtieth day after it shall
25 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00828-01-3
