Assembly Bill A2122B

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

                                  2122

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. COOK,
  GLICK, HOOPER, KELLNER, LUPARDO,  MARKEY,  McENENY,  PHEFFER,  REILLY,
  ROBINSON,  SCHIMEL,  TITONE -- read once and referred to the Committee
  on Agriculture

AN ACT to amend the agriculture and markets law, in relation to defining
  appropriate shelter for dogs restrained outdoors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  353-b of the agriculture and
markets law, as added by chapter 594 of the laws of 2003, is amended  to
read as follows:
  3. Minimum standards for determining whether shelter is appropriate to
a dog's breed, physical condition and the climate shall include:
  (a)  For  dogs  that  are  restrained in any manner outdoors, shade by
natural or artificial means to protect the dog from direct  sunlight  at
all  times when exposure to sunlight is likely to threaten the health of
the dog. SUCH SHADE SHALL BE FREELY AND EASILY ACCESSIBLE  TO  THE  DOG.
THE  SOURCE  OF  THE SHADE SHALL BE LARGE ENOUGH TO CAST A SHADOW SUFFI-
CIENT TO SHADE THE DOG'S ENTIRE BODY. IF MULTIPLE DOGS ARE RESTRAINED IN
A COMMON AREA, THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO  CAST  A
SHADOW SUFFICIENT TO SHADE THE BODIES OF ALL DOGS OCCUPYING THE AREA.
  (b)  For all dogs that are left outdoors in inclement weather, a hous-
ing facility, which must: (1) have: (A) a waterproof roof  WHICH  COVERS
ALL  OF  THE HOUSING FACILITY OR AN AREA OF THE FACILITY LARGE ENOUGH TO
COMPLETELY SHELTER THE DOG;  (B)  A  PREDOMINANT  AMOUNT  OF  THE  FLOOR
CONSTRUCTED  OF A SOLID MATERIAL OR MATERIALS, INCLUDING BUT NOT LIMITED
TO, WOOD, SOLID STONE, CONCRETE OR CARPET OVER WOOD, CONCRETE  OR  SOLID
STONE,  BUT  EXCLUDING SECTIONS OF METAL CAGES, WHICH AMOUNT SHALL, AT A
MINIMUM, BE OF AN AREA EQUAL TO THE AREA OCCUPIED BY THE DOG WHEN IT  IS
LYING  DOWN  WITH ITS LIMBS FULLY EXTENDED; AND (C) FOUR ENCLOSED SIDES,
ONE OF WHICH INCLUDES AN APPROPRIATELY-SIZED ENTRANCE WITH A CORRESPOND-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04945-01-1
              

A. 2122                             2

INGLY-SIZED FLAP TO SERVE AS A DOOR;  (2)  be  structurally  sound  with
insulation  appropriate  to  local climatic conditions and sufficient to
protect the dog from inclement weather; (3) be constructed to allow each
dog  adequate freedom of movement to FREELY make normal postural adjust-
ments, including the ability to stand up, turn around and lie down  with
its  limbs outstretched; [and] (4) allow for effective removal of excre-
tions, other waste material; dirt and trash; (5) BE  OF  AN  APPROPRIATE
SIZE  IN  PROPORTION  TO THE SIZE OF THE DOG AND IN CONSIDERATION OF THE
DOG'S PHYSICAL CONDITION TO  PERMIT  THE  BUILD-UP  WITHIN  THE  HOUSING
FACILITY  OF  THE  DOG'S  RADIANT  BODY HEAT IN COLD WEATHER; AND (6) BE
FREELY AND EASILY ACCESSIBLE TO THE DOG. The housing  facility  and  the
area immediately surrounding it shall be regularly cleaned to maintain a
healthy  and  sanitary  environment  and  to minimize health hazards. IF
MULTIPLE DOGS ARE RESTRAINED IN A COMMON AREA, A SEPARATE HOUSING FACIL-
ITY SHALL BE PROVIDED FOR EACH DOG OR A SINGLE  HOUSING  FACILITY  LARGE
ENOUGH TO SHELTER ALL OF THE DOGS SIMULTANEOUSLY SHALL BE PROVIDED.
  S 2. Subdivision 6 of section 353-b of the agriculture and markets law
is  renumbered subdivision 7 and a new subdivision 6 is added to read as
follows:
  6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  DOG  SHALL
NOT  BE  LEFT OUTDOORS IN WEATHER THAT PLACES THE DOG IN IMMINENT DANGER
OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO EXPOSURE  TO  HEAT  OR  COLD,
GIVEN  THE  DOG'S  PHYSICAL  CONDITION, WITHOUT READY ACCESS TO, AND THE
ABILITY  TO  ENTER,  AN  APPROPRIATELY  TEMPERATURE-CONTROLLED  BUILDING
INCLUDING  BUT  NOT  LIMITED TO A RESIDENTIAL HOUSE, APARTMENT BUILDING,
OFFICE BUILDING OR OTHER PLACE OF BUSINESS OF ITS OWNER OR OF THE PERSON
WHO HAS CUSTODY OR CONTROL OF THE DOG.
  S 3. This act shall take effect immediately.

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

                                 2122--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. COOK,
  GLICK, HOOPER, KELLNER, LUPARDO, MARKEY, McENENY,  ROBINSON,  SCHIMEL,
  TITONE  --  read  once and referred to the Committee on Agriculture --
  reported  and  referred  to  the  Committee  on  Codes  --   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 defining
  appropriate shelter for dogs restrained outdoors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  353-b  of  the  agriculture  and
markets  law, as added by chapter 594 of the laws of 2003, is amended to
read as follows:
  3. Minimum standards for determining whether shelter is appropriate to
a dog's breed, physical condition and the climate shall include:
  (a) For dogs that are restrained in  any  manner  outdoors,  shade  by
natural  or  artificial means to protect the dog from direct sunlight at
all times when exposure to sunlight is likely to threaten the health  of
the  dog.  SUCH  SHADE SHALL BE FREELY AND EASILY ACCESSIBLE TO THE DOG.
THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST  A  SHADOW  SUFFI-
CIENT TO SHADE THE DOG'S ENTIRE BODY. IF MULTIPLE DOGS ARE RESTRAINED IN
A  COMMON  AREA, THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST A
SHADOW SUFFICIENT TO SHADE THE BODIES OF ALL DOGS OCCUPYING THE AREA.
  (b) For all dogs that are left outdoors in inclement weather, a  hous-
ing  facility,  which must: (1) have: (A) a waterproof roof WHICH COVERS
ALL OF THE HOUSING FACILITY OR AN AREA OF THE FACILITY LARGE  ENOUGH  TO
COMPLETELY  SHELTER  THE  DOG;  (B)  A  PREDOMINANT  AMOUNT OF THE FLOOR
CONSTRUCTED OF A SOLID MATERIAL OR MATERIALS, INCLUDING BUT NOT  LIMITED
TO,  WOOD,  SOLID STONE, CONCRETE OR CARPET OVER WOOD, CONCRETE OR SOLID
STONE, BUT EXCLUDING SECTIONS OF METAL CAGES, WHICH AMOUNT SHALL,  AT  A
MINIMUM,  BE OF AN AREA EQUAL TO THE AREA OCCUPIED BY THE DOG WHEN IT IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04945-02-1
              

A. 2122--A                          2

LYING DOWN WITH ITS LIMBS FULLY EXTENDED; AND (C) FOUR  ENCLOSED  SIDES,
ONE OF WHICH INCLUDES AN APPROPRIATELY-SIZED ENTRANCE WITH A CORRESPOND-
INGLY-SIZED  FLAP  TO  SERVE  AS  A DOOR; (2) be structurally sound with
insulation  appropriate  to  local climatic conditions and sufficient to
protect the dog from inclement weather; (3) be constructed to allow each
dog adequate freedom of movement to FREELY make normal postural  adjust-
ments,  including the ability to stand up, turn around and lie down with
its limbs outstretched; [and] (4) allow for effective removal of  excre-
tions,  other  waste  material; dirt and trash; (5) BE OF AN APPROPRIATE
SIZE IN PROPORTION TO THE SIZE OF THE DOG AND IN  CONSIDERATION  OF  THE
DOG'S  PHYSICAL  CONDITION  TO  PERMIT  THE  BUILD-UP WITHIN THE HOUSING
FACILITY OF THE DOG'S RADIANT BODY HEAT IN  COLD  WEATHER;  AND  (6)  BE
FREELY  AND  EASILY  ACCESSIBLE TO THE DOG. The housing facility and the
area immediately surrounding it shall be regularly cleaned to maintain a
healthy and sanitary environment and  to  minimize  health  hazards.  IF
MULTIPLE DOGS ARE RESTRAINED IN A COMMON AREA, A SEPARATE HOUSING FACIL-
ITY  SHALL  BE  PROVIDED FOR EACH DOG OR A SINGLE HOUSING FACILITY LARGE
ENOUGH TO SHELTER ALL OF THE DOGS SIMULTANEOUSLY SHALL BE PROVIDED.
  S 2. Subdivision 6 of section 353-b of the agriculture and markets law
is renumbered subdivision 7 and a new subdivision 6 is added to read  as
follows:
  6.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A DOG SHALL
NOT BE LEFT OUTDOORS IF THE SHELTER DESCRIBED IN  SUBDIVISION  THREE  OF
THIS  SECTION  IS NOT SUFFICIENT TO PROTECT THE DOG FROM IMMINENT DANGER
OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO EXTREME  TEMPERATURES,  GIVEN
THE  DOG'S  PHYSICAL CONDITION, WITHOUT READY ACCESS TO, AND THE ABILITY
TO ENTER, AN APPROPRIATELY TEMPERATURE-CONTROLLED BUILDING INCLUDING BUT
NOT LIMITED TO A RESIDENTIAL HOUSE, APARTMENT BUILDING, OFFICE  BUILDING
OR OTHER PLACE OF BUSINESS OF ITS OWNER OR OF THE PERSON WHO HAS CUSTODY
OR CONTROL OF THE DOG.
  S 3. This act shall take effect immediately.