A06406 Summary:

Add §353-g, Ag & Mkts L
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.
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A06406 Actions:

03/24/2015referred to agriculture
01/06/2016referred to agriculture
02/02/2016amend and recommit to agriculture
02/02/2016print number 6406a
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A06406 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     March 24, 2015
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Agriculture -- recommitted to the Committee  on  Agricul-
          ture  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

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

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

        A. 6406--A                          3
     1  that any such local law, rule, regulation or ordinance shall be no  less
     2  stringent than the provisions of this section.
     3    7.   Nothing  in  this  section  shall  be  construed  to  affect  any
     4  protections afforded to dogs under any other provisions of this  article
     5  or other law or regulation.
     6    8.  The  provisions  of  this  section shall not apply to any federal,
     7  state, or local law enforcement agency.
     8    § 2. This act shall take effect on the thirtieth day  after  it  shall
     9  have become a law.
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