S T A T E   O F   N E W   Y O R K
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                                  10310

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  outdoor
  restraint 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-g to read as follows:
  S  353-G.  OUTDOOR RESTRAINT OF DOGS. 1. FOR PURPOSES OF THIS SECTION,
"TETHER" MEANS TO RESTRAIN A DOG BY ATTACHING THE DOG TO ANY  OBJECT  OR
STRUCTURE,  INCLUDING  WITHOUT  LIMITATION  A  HOUSE, TREE, FENCE, POST,
GARAGE, OR SHED, BY ANY MEANS, INCLUDING  WITHOUT  LIMITATION  A  CHAIN,
ROPE,  CORD,  LEASH, OR RUNNING LINE. TETHERING DOES NOT INCLUDE THE USE
OF A LEASH TO WALK A DOG.
  2. NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR ANY OTHER  LAW  TO
THE  CONTRARY,  NO  DOG  SHALL BE TETHERED OUTDOORS BETWEEN THE HOURS OF
ELEVEN P.M. AND SIX A.M., PROVIDED HOWEVER, THAT THIS SUBDIVISION  SHALL
NOT APPLY TO A DOG USED BY A FARMING BUSINESS FOR THE PURPOSE OF HERDING
OR PROTECTING FARM ANIMALS.
  3.  IN  A  CITY  WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE
UNLAWFUL TO TETHER A DOG OUTDOORS, EXCEPT  WHEN  ALL  OF  THE  FOLLOWING
CONDITIONS ARE MET:
  (A)  THE  TETHER MUST BE ATTACHED TO THE DOG WITH A BUCKLE TYPE COLLAR
OR A BODY HARNESS MADE OF NYLON OR LEATHER THAT IS  AT  LEAST  ONE  INCH
THICK.    CHOKE  OR PINCH TYPE COLLARS, ATTACHED WEIGHTS AND CHAINS OVER
ONE-QUARTER INCH THICK CANNOT BE UTILIZED FOR TETHERING.
  (B) (I) THE LENGTH OF A STATIONARY TETHER SHALL NOT BE LESS  THAN  TEN
FEET OR FIVE TIMES THE LENGTH OF THE DOG'S BODY AS MEASURED FROM THE TIP
OF  THE NOSE TO THE BASE OF THE TAIL, WHICHEVER LENGTH IS GREATER; SHALL
CONNECT AT BOTH ENDS WITH A SWIVEL; SHALL WEIGH LESS THAN 1/10TH OF  THE
DOG'S  WEIGHT;  SHALL  BE FREE OF TANGLES; AND SHALL RESTRAIN THE DOG TO
THE OWNER'S PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14618-02-6

              

A. 10310                            2

  (II) IF THE DOG IS TETHERED TO A PULLEY, RUNNING LINE, OR  TROLLEY  OR
CABLE  SYSTEM,  IT  MUST BE A MINIMUM OF FIFTEEN FEET LONG AND LESS THAN
SEVEN FEET ABOVE THE GROUND.
  (C)  THE  DOG MUST NOT BE TETHERED OUTDOORS WHEN A WEATHER ADVISORY OR
WARNING IS ISSUED BY LOCAL, STATE OR FEDERAL AUTHORITIES OR WHEN OUTDOOR
ENVIRONMENTAL CONDITIONS, INCLUDING, BUT NOT  LIMITED  TO,  HEAT,  COLD,
WIND,  RAIN,  SNOW OR HAIL, POSE AN ADVERSE RISK TO THE HEALTH OR SAFETY
OF SUCH DOG BASED ON SUCH DOG'S BREED, AGE OR PHYSICAL CONDITION.
  (D) THE TETHERED DOG IS AT LEAST SIX MONTHS OLD.
  (E) THE TETHERED DOG IS APPARENTLY FREE OF ANY HEALTH  CONDITION  THAT
WOULD BE EXACERBATED BY TETHERING.
  (F) IF THERE ARE MULTIPLE DOGS, EACH MUST BE TETHERED SEPARATELY.
  (G)  SUBJECT  TO THE PROVISIONS OF THIS SECTION AND OF THIS ARTICLE, A
DOG MAY BE TETHERED OUTSIDE FOR A MAXIMUM OF THREE HOURS OR A LENGTH  OF
TIME  THAT  IS  OTHERWISE  APPROVED  IN  WRITING PRIOR THERETO BY ANIMAL
CONTROL, PROVIDED, HOWEVER, THAT TIME SHALL NOT EXCEED TWELVE  HOURS  IN
ANY TWENTY-FOUR HOUR PERIOD AND FURTHER PROVIDED THAT PRIOR TO APPROVING
AN  EXTENSION  OF THE THREE HOUR MAXIMUM TETHERING LIMIT, ANIMAL CONTROL
MUST OBTAIN FROM THE CUSTODIAN OF SUCH DOG WRITTEN CERTIFICATION  SIGNED
BY  A VETERINARIAN LICENSED IN NEW YORK STATE STATING THAT THE HEALTH OF
THE DOG WILL NOT BE JEOPARDIZED BY THE EXTENSION OF THE THREE HOUR MAXI-
MUM TETHERING LIMIT. THE WRITTEN  VETERINARY  CERTIFICATION  AND  ANIMAL
CONTROL  APPROVAL  REQUIRED BY THIS PARAGRAPH SHALL BE MAINTAINED ON THE
PREMISES OF THE DOG'S CUSTODIAN AND  AT  ANIMAL  CONTROL  AND  SHALL  BE
AVAILABLE FOR INSPECTION BY OFFICERS AUTHORIZED TO ENFORCE THIS ARTICLE.
EXTENSIONS  OF  THE THREE HOUR TETHERING LIMIT SHALL BE EFFECTIVE FOR NO
MORE THAN SIXTY DAYS AND MAY BE SUBJECT TO RENEWAL ONLY IF THE HEALTH OF
THE ANIMAL HAS NOT  CHANGED  ACCORDING  TO  ANOTHER  WRITTEN  VETERINARY
CERTIFICATION.
  (H)  IN ADDITION TO THE ABOVE REQUIREMENTS, TETHERED DOGS MUST BE FREE
OF CRUEL CONDITIONS OR INHUMANE TETHERING AT ANY TIME. FOR  PURPOSES  OF
THIS  SECTION,  "CRUEL  CONDITIONS OR INHUMANE TETHERING" SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE FOLLOWING:
  (I) EXPOSURE TO ANIMAL WASTE, GARBAGE, NOXIOUS ODORS OR  OBJECTS  THAT
COULD INJURE OR KILL A DOG.
  (II)  EXPOSURE  TO  TAUNTING, PRODDING, PROVOKING, HITTING, HARASSING,
THREATENING OR OTHERWISE HARMING A TETHERED OR CONFINED DOG.
  (III) EXPOSING A DOG  TO  DANGEROUS  CONDITIONS,  INCLUDING  POTENTIAL
ATTACKS BY OTHER ANIMALS.
  (IV) ALLOWING A DOG TO BECOME ENTANGLED.
  4. (A) A VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION SHALL, FOR
A FIRST OFFENSE, BE A CLASS A MISDEMEANOR.
  (B)  FOR A SECOND AND ANY SUBSEQUENT OFFENSE, A PERSON SHALL BE GUILTY
OF A CLASS B MISDEMEANOR.
  (C) NOTHING IN THIS SUBDIVISION SHALL PREVENT THE SEIZURE OF A DOG FOR
A VIOLATION OF THIS SECTION PURSUANT TO THE AUTHORITY  GRANTED  IN  THIS
ARTICLE.
  5.  TETHERING  A  SUPERVISED  DOG  FOR  LESS THAN FIFTEEN MINUTES IN A
PUBLIC LOCATION SHALL NOT BE A VIOLATION OF THIS SECTION.
  6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT  OR  PREVENT  A
MUNICIPALITY FROM ENACTING OR ENFORCING A LOCAL LAW, RULE, REGULATION OR
ORDINANCE  REGARDING  TETHERING  OR CHAINING OF DOGS, PROVIDED, HOWEVER,
THAT ANY SUCH LOCAL LAW, RULE, REGULATION OR ORDINANCE SHALL BE NO  LESS
STRINGENT THAN THE PROVISIONS OF THIS SECTION.

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  7.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
PROTECTIONS AFFORDED TO DOGS UNDER ANY OTHER PROVISIONS OF THIS  ARTICLE
OR OTHER LAW OR REGULATION.
  8.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT APPLY TO ANY FEDERAL,
STATE, OR LOCAL LAW ENFORCEMENT AGENCY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.