Relates to outdoor restraints of companion animals; prohibits tethering under cruel or inhumane conditions, including during dangerous weather conditions when a weather advisory or warning is in effect; provides for civil penalties for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1410A
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to outdoor
restraint of companion animals
PURPOSE:
This bill ensures that companion animals are tethered safely and humane-
ly.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 353-g.
Section two sets forth the effective date.
JUSTIFICATION: fsk 1 While some restrictions on the tethering of
animals are codified and enforced in New York State, and even more
specific restrictions have been passed by some local governments, many
of these restrictions are vague, contradictory or unnecessarily compli-
cated. More uniform restrictions need to be put in place on a state
level so that law enforcement and animal control officers can better
enforce the law, ensure compliance and protect vulnerable animals.
LEGISLATIVE HISTORY:
2019-20: A.729 - Referred to Agriculture
2017-18: A.4022 - Referred to Agriculture
2015-16: A.6406-A - Referred to Agriculture
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1410--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. L. ROSENTHAL, THIELE, JACKSON, STERN -- read once
and referred to the Committee on Agriculture -- recommitted to the
Committee on Agriculture 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. Definitions. 1. For
4 the purposes of this section:
5 (a) "Tether" shall mean to restrain a dog by attaching the dog to any
6 object or structure, including without limitation a house, tree, fence,
7 post, garage, or shed, by any means, including without limitation a
8 chain, rope, cord, leash, or running line. Tethering does not include
9 the use of a leash to walk a dog.
10 (b) "Dangerous weather conditions" shall mean inclement weather as
11 defined in section three hundred fifty-three-b of this article, condi-
12 tions described in a weather alert, advisory or other warning issued by
13 a local, state or federal authority, or when outside weather conditions,
14 including but not limited to extreme heat, cold, wind, rain, snow, or
15 hail, pose an adverse risk to the health or safety of a dog based on
16 breed, age, and physical condition, in accordance with the industry
17 standard set forth in the Tufts Animal Care and Condition Weather Safety
18 Scale. Extreme heat and cold limitations shall mean an ambient temper-
19 ature of eighty degrees Fahrenheit and thirty-five degrees Fahrenheit
20 respectively.
21 (c) "Shelter" shall mean conditions that allow the dog to remain dry
22 and to be protected from the elements. A shelter shall: (i) comply with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00673-04-2
A. 1410--A 2
1 the minimum standards for appropriate shelter established pursuant to
2 section three hundred fifty-three-b of this article; (ii) be fully
3 enclosed on all sides except one, which side shall have an opening that
4 allows the dog easy entry to and exit from the shelter; (iii) have a
5 slanted, waterproof roof; (iv) have a solid floor; (v) contain clean
6 bedding or straw/shavings. If straw/shavings are used, they shall be
7 replaced at least once every two weeks so that the dog can burrow into
8 it for warmth; (vi) be small enough to retain the dog's body heat and
9 large enough to allow the dog to stand, lie down with limbs
10 outstretched, and turn around comfortably; and (vii) have a surrounding
11 area that is free of standing water, ice, and waste.
12 (d) "Cruel conditions" or "inhumane tethering" shall include the
13 following:
14 (i) Exposure to animal waste, garbage, noxious odors or objects that
15 could injure or kill a dog, provided that a dog may be exposed to their
16 own waste that was produced while tethered so long as any such waste is
17 cleared prior to the dog being tethered.
18 (ii) Exposure to taunting, prodding, provoking, hitting, harassing,
19 threatening or otherwise harming a tethered or confined dog.
20 (iii) Exposing a dog to dangerous conditions, including potential
21 attacks by other animals.
22 (iv) Allowing a dog to become entangled.
23 (v) Being tethered to a vacant property.
24 (vi) Any tethering that could reasonably lead to the distress, serious
25 discomfort, injury, or death of the dog.
26 2. Notwithstanding any other law to the contrary, it shall be unlawful
27 to tether a dog outdoors, except when all of the following conditions
28 are met:
29 (a) The tether shall: (i) be at least one inch thick and shall fit the
30 dog properly and comfortably, including when used on a dog that has not
31 finished growing, in which case the tether shall be modified to ensure a
32 comfortable fit; (ii) connect at both ends with a swivel and be affixed
33 in such a manner that it will prevent the dog from becoming entangled or
34 injured, and generally not likely to entangle the dog; (iii) weigh less
35 than 1/13th of the dog's weight and shall weigh less than twelve pounds;
36 (iv) be free of tangles; (v) not be embedded, partially embedded, or
37 prone to becoming embedded in a dog's skin; (vi) restrain the dog to the
38 owner's property in such a way as to prevent the dog from reaching
39 hazards, including but not limited to pools, fences, porches, or railing
40 that poses a strangulation risk; and (vii) have an appropriate length
41 such that the tether must allow the dog sufficient movement to urinate
42 in a separate area from the area where it must eat, drink, or lie down.
43 (b) The length of a stationary tether shall not be less than fifteen
44 feet in length, or five times the length of the dog's body as measured
45 from the tip of the nose to the base of the tail, whichever length is
46 greater.
47 (c) If the dog is tethered to a pulley, running line, or trolley or
48 cable system, it must be a minimum of fifteen feet long and less than
49 seven feet above the ground.
50 (d) The tether must be attached to the dog with a buckle type collar
51 or a body harness made of material not normally susceptible to being
52 severed by the dog through chewing or otherwise and that will not cause
53 trauma to the dog.
54 (e) Choke-, pinch-, or prong-type collars, attached weights or chain
55 links over one-quarter inch thick, or any other collar that restrains
56 the dog in such a manner that it impairs the flow of oxygen or blood to
A. 1410--A 3
1 the dog, which may cause choking or substantial discomfort to the dog,
2 shall not be utilized for tethering.
3 (f) The tethered dog must:
4 (i) be at least six months old;
5 (ii) not be a nursing female or in the advanced stages of pregnancy;
6 (iii) not be suffering from illness, debilitating disease, injury, or
7 distress; and
8 (iv) be apparently free of any health condition that would be exacer-
9 bated by tethering.
10 (g) If there are multiple dogs, each must be tethered separately.
11 (h) No dog shall be tethered outdoors between the hours of ten p.m.
12 and six a.m.
13 (i) A dog shall not be tethered outside for longer than four consec-
14 utive hours or a total time outside in excess of six hours in a twenty-
15 four hour period.
16 (j) The dog must not be tethered outdoors when a weather advisory or
17 warning is issued by local, state or federal authorities or when outdoor
18 environmental conditions, including, but not limited to, heat, cold,
19 wind, rain, snow or hail, pose an adverse risk to the health or safety
20 of such dog based on such dog's breed, age or physical condition.
21 (k) Tethered dogs must have unencumbered access to shade, food, water,
22 shelter, and dry ground without becoming entangled.
23 (l) Tethered dogs must be free of cruel conditions or inhumane tether-
24 ing as defined in subdivision one of this section.
25 3. Tethering a supervised dog for less than fifteen minutes in a
26 public location shall not be a violation of this section so long as the
27 tethered dog is free of cruel conditions or inhumane tethering.
28 4. This section shall be enforced by the attorney general.
29 (a) A violation of any of the provisions of this section shall, for a
30 first offense, shall be punishable by a civil fine not to exceed five
31 hundred dollars per dog.
32 (b) For a second offense, the fine shall be one thousand dollars per
33 dog plus reimbursement of investigation costs.
34 (c) For a third or subsequent offense, the fine shall be three thou-
35 sand dollars per dog plus reimbursement of investigation costs. Such
36 person shall register with any applicable local animal abuse registry
37 and shall forfeit all animals in such person's possession.
38 5. Nothing in this section shall be construed to limit or prevent a
39 municipality from enacting or enforcing a local law, rule, regulation or
40 ordinance regarding tethering or chaining of dogs, provided, however,
41 that any such local law, rule, regulation or ordinance shall be no less
42 stringent than the provisions of this section.
43 6. Nothing in this section shall be construed to affect any
44 protections afforded to dogs under any other provisions of this article
45 or other law or regulation.
46 7. The provisions of this section shall not apply to any federal,
47 state, or local law enforcement agency.
48 § 2. This act shall take effect on the thirtieth day after it shall
49 have become a law.
