A01410 Summary:

SPONSORRosenthal L
COSPNSRThiele, Jackson, Stern
Add §353-g, Ag & Mkts L
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.
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A01410 Actions:

01/11/2021referred to agriculture
01/05/2022referred to agriculture
09/16/2022amend and recommit to agriculture
09/16/2022print number 1410a
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A01410 Committee Votes:

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A01410 Floor Votes:

There are no votes for this bill in this legislative session.
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A01410 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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.
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A01410 Text:

                STATE OF NEW YORK
                               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.

        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.
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