NY State Senate Bill 2009-S7147

Senate Bill S7147

2009-2010 Legislative Session

Provides that no dog shall be restrained by a tethering device attached to a fixed point or to a running cable trolley system for more than six hours per day

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	considered by committee - defeated
May 03, 2010	notice of committee consideration - requested
Mar 16, 2010	referred to agriculture

Votes

- May 25, 2010 - Agriculture Committee Vote
  S7147
  
  3
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 25, 2010
      
      aye (3)
      
      Breslin
      
      Montgomery
      
      Valesky
      
      nay (5)
      
      Aubertine
      
      Ranzenhofer
      
      Seward
      
      Winner
      
      Young
      
      aye wr (1)
      
      Stachowski

co-Sponsors

2009-S7147 (ACTIVE) - Details

See Assembly Version of this Bill:: A6046
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §353-e, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: S1239

2009-S7147 (ACTIVE) - Summary

Provides that no dog shall be restrained by a tethering device attached to a fixed point or to a running cable trolley system for more than six hours per day.

2009-S7147 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7147

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to the
tethering of dogs


 PURPOSE :
To prohibit the tethering and chaining of dogs for a period of greater
than six hours in a twenty-four hour period.

 SUMMARY OF PROVISIONS :
Section 1 -- Adds a new section 353-c to the Agriculture and Markets
Law to prohibit dogs from being tethered for more than six hours in
any twenty-four hour period. Anyone violating this provision will be
subject to a fine of $50-$100 for a first offense and $100-$250 for a
second or subsequent offense.

Section 2 -- Effective date.

 JUSTIFICATION :
Across the country, there is a greater recognition of the negative
physical and psychological effects that the chaining of dogs has on
our canine friends. In the past, studies have shown that dogs who are
chained up for long periods of time are not properly socialized and
have a tendency to be more aggressive.

In one study, it was found that chained dogs account for a substantial
portion of serious and fatal bites. Each year, dog bites result in
over $100 million in medical costs with another $1 billion in
liability claims.

We should be doing everything we can to decrease the number of
aggressive, non-socialized dogs. That will roost certainly translate
into fewer dog bites, healthier children (as they are most often the
ones bitten), and a substantial decrease in the insurance claims
related to dogs. Once again, a large part of that is ensuring that our
dogs are not unduly and unnecessarily chained for long periods of time
thus providing them with the exercise and social outlet that they want
and need.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2009-S7147 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7147

                            I N  S E N A T E

                             March 16, 2010
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. The agriculture and markets law is amended by adding a  new
section 353-e to read as follows:
  S 353-E. TETHERING OF DOGS. 1. FOR PURPOSES OF THIS SECTION:
  (A)  "TETHERING  DEVICE" SHALL MEAN A CHAIN, ROPE OR OTHER RESTRAINING
DEVICE WHICH ATTACHES TO A DOG.
  (B) "RUNNING CABLE TROLLEY SYSTEM" SHALL MEAN A  SUSPENDED  CABLE,  AT
LEAST TEN FEET IN LENGTH, TO WHICH A TETHERING DEVICE, AT LEAST TEN FEET
IN  LENGTH,  IS  ATTACHED  BY  MEANS OF A PULLEY, LOOP OR OTHER MOVEABLE
DEVICE.
  2. ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A  DOG  SHALL  NOT
RESTRAIN  SUCH  DOG  BY  MEANS OF A TETHERING DEVICE ATTACHED TO A FIXED
POINT OR BY MEANS OF A RUNNING CABLE TROLLEY SYSTEM FOR A PERIOD OF MORE
THAN SIX HOURS IN ANY TWENTY-FOUR  HOUR  PERIOD.  ANY  TETHERING  DEVICE
ATTACHED  TO A FIXED POINT SHALL BE AT LEAST FIFTEEN FEET IN LENGTH. ANY
TETHERING DEVICE SHALL BE ATTACHED TO SUCH DOG IN SUCH A  MANNER  AS  TO
PREVENT  INJURY OR STRANGULATION TO SUCH DOG AND ENTANGLEMENT WITH OTHER
OBJECTS. NO TETHERING DEVICE SHALL BE ATTACHED TO SUCH DOG BY MEANS OF A
CHOKE-TYPE COLLAR OR A PRONG COLLAR, OR  BY  ANY  MEANS  OTHER  THAN  BY
ATTACHMENT  TO  A  PROPERLY  FITTED COLLAR, HARNESS OR OTHER DEVICE MADE
EXPRESSLY FOR SUCH PURPOSE.
  3. (A) ANY PERSON  WHO  KNOWINGLY  VIOLATES  THE  PROVISIONS  OF  THIS
SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF NOT LESS
THAN  FIFTY  DOLLARS  NOR  MORE  THAN  ONE  HUNDRED  DOLLARS FOR A FIRST
OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR  MORE  THAN
TWO HUNDRED FIFTY DOLLARS FOR EACH SECOND OR SUBSEQUENT OFFENSES. BEGIN-
NING  SEVENTY-TWO  HOURS  AFTER A CHARGE OF VIOLATING THIS SECTION, EACH
DAY THAT A DEFENDANT FAILS TO CORRECT THE  DEFICIENCIES  IN  THE  METHOD
USED  TO  RESTRAIN  A  DOG  THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER

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

                                                           LBD09541-01-9

S. 7147                             2

CUSTODY OR  CONTROL,  SO  AS  TO  BRING  IT  INTO  COMPLIANCE  WITH  THE
PROVISIONS OF THIS SECTION, SHALL CONSTITUTE A SEPARATE OFFENSE.
  (B)  THE  COURT  MAY, IN ITS DISCRETION, REDUCE THE AMOUNT OF ANY FINE
IMPOSED FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE  DEFEND-
ANT  PROVES  HE OR SHE HAS SPENT PROVIDING A TETHERING DEVICE OR RUNNING
CABLE TROLLEY  SYSTEM  THAT  COMPLIES  WITH  THE  REQUIREMENTS  OF  THIS
SECTION.    NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE OF A DOG
FOR A VIOLATION OF THIS SECTION PURSUANT TO  THE  AUTHORITY  GRANTED  IN
THIS ARTICLE.
  4.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
OF THIS ARTICLE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S7147

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Sponsored By

Joseph P. Addabbo Jr.