senate Bill S1239

2011-2012 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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to agriculture
Jan 06, 2011 referred to agriculture

Co-Sponsors

S1239 - Bill Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง353-e, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S7147

S1239 - Bill Texts

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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.

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BILL NUMBER:S1239 REVISED 03/16/11

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. Further, the New York City Council passed a law in
January 2011 that prohibited an individual from tying up a dog for
more than three consecutive hours in a twelve hour period. As this is
a recognizable issue, there is a great need for New York state to
implement policy and fines for tethering and chaining a dog.

We should be doing everything we can to decrease the number of
aggressive, non-socialized dogs. The results will be 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:
2010: S.7147 - Motion to consider bill by Agriculture Committee was
defeated

FISCAL IMPLICATIONS:
None.

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

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

                                  1239

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  OPPENHEIMER,  PERALTA -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02024-01-1

S. 1239                             2

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
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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