NY State Senate Bill 2019-S6851

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to domestic animal welfare
Nov 13, 2019	referred to rules

co-Sponsors

2019-S6851 (ACTIVE) - Details

Current Committee:: Senate Domestic Animal Welfare
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §353-g, Ag & Mkts L

2019-S6851 (ACTIVE) - Summary

Establishes requirements for restraining dogs outdoors, requirements for the tether used to restrain a dog, the penalties for a violation of these provisions and exceptions to such requirements.

2019-S6851 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6851

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to
restraining dogs outdoors

 
PURPOSE:

This legislation will set guidelines for the appropriate outdoor
restraint, or tethering, of dogs.

 
SUMMARY OF PROVISIONS:

Section I. Creates a new section in Agriculture & Markets law.

1. Defines tethering

2. States it is unlawful to tether dogs except when the delineated
conditions are met

3. Sets forth requirements for the type and condition of the tether

4. Prohibits tethering under cruel or inhumane conditions, with some
included examples

5. Violations of this section shall be a class A misdemeanor, on the
third offense, an individual may be subject to forfeiture of the animal

6. Allows local municipalities to set more stringent tethering laws

7. Ensures that the provisions in this section do not erode protections
in other parts of the law

8. Exemptions

9. Allows the department to promulgate the necessary rules and regu-
lations for enforcement

Section 2. Effective Date.

 
JUSTIFICATION:

Individuals may turn to tethering to confine their animal when they lack
access to a secure yard or enclosure. This legislation seeks to create
guidelines to ensure owners are tethering their animals humanely and
safely.

Humane Society of the United States says that extensive confinement or
longterm restraint "can severely damage  
DOGS' physical and psycholog-
ical wellbeing." Examples include embedded collars, which would be
outlawed under this legislation, or anxiousness and aggression. Further-
more, The Journal of the American Veterinary Medical Association states
that tethered dogs inflict over one quarter of all dog bites recorded.

Right now, owners have few resources on safe tethering practices to
prevent dogs from becoming distressed or agitated. Socializing your
animals with humans or other animals will have a profound impact on
their health. Tethering for long periods makes such socialization nearly
impossible.

By delineating what is and is not appropriate it will educate owners
about proper outdoor care of their dogs and allow for humane organiza-
tions to easily identify abuse. This legislation takes steps to prevent
strangulation, ensure that the animal is outside only during breed
appropriate weather, and prevent the use of collars, harnesses and teth-
ers that will harm the animal.

Suffolk County has already passed some of the strictest tethering laws
in New York State. It is time the State followed suit and ensured the
protection of tethered dogs.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
90th day after it shall have become law however allowing the department
to implement necessary rules and regulations immediately.

2019-S6851 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6851
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2019
                                ___________
 
 Introduced  by Sens. MARTINEZ, KAMINSKY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Rules
 
 AN ACT to  amend  the  agriculture  and  markets  law,  in  relation  to
   restraining dogs outdoors
 
   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:
   §  353-G.  OUTDOOR RESTRAINT OF DOGS. 1. FOR PURPOSES OF THIS SECTION,
 "TETHER" MEANS TO RESTRAIN A DOG BY ATTACHING SUCH 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 SHALL NOT INCLUDE THE USE
 OF A LEASH TO WALK A DOG NOR THE TETHERING OF A DOG IN A PUBLIC LOCATION
 FOR NO MORE THAN FIFTEEN MINUTES.
   2. IT SHALL BE UNLAWFUL TO TETHER A DOG OUTDOORS, EXCEPT WHEN  ALL  OF
 THE FOLLOWING CONDITIONS ARE MET:
   (A)  THE  TETHER SHALL BE ATTACHED TO SUCH DOG AND SHALL RESTRAIN SUCH
 DOG TO THE OWNER'S PROPERTY.
   (B) SUCH DOG SHALL BE AT LEAST SIX MONTHS OLD AND FREE  OF  ANY  KNOWN
 HEALTH CONDITION THAT WOULD BE EXACERBATED BY TETHERING.
   (C)  SUCH  DOG SHALL NOT BE A NURSING MOTHER WHOSE OFFSPRING ARE PRES-
 ENT.
   (D) IF THERE ARE MULTIPLE DOGS, EACH DOG SHALL BE TETHERED  SEPARATELY
 AND  SHALL  NOT BE RESTRAINED IN A MANNER IN WHICH THEY ARE ABLE TO COME
 INTO CONTACT WITH ONE ANOTHER AT ANY POINT IN TIME WHILE RESTRAINED.
   (E) SUCH DOG IS TETHERED BETWEEN THE HOURS OF  FIVE  A.M.  AND  ELEVEN
 P.M.
   3. ALL TETHERS SHALL MEET THE FOLLOWING REQUIREMENTS:
   (A)  INCLUDE  A  BUCKLE TYPE COLLAR OR A BODY HARNESS MADE OF NYLON OR
 LEATHER THAT IS AT LEAST ONE INCH THICK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14010-02-9

 S. 6851                             2
 
   (B) (I) THE LENGTH OF A STATIONARY TETHER SHALL BE AT LEAST  TEN  FEET
 OR  FIVE TIMES THE LENGTH OF SUCH DOG'S BODY AS MEASURED FROM THE TIP OF
 THE NOSE TO THE BASE OF THE TAIL, WHICHEVER LENGTH IS GREATER.
   (II)  THE  LENGTH  OF A TETHER THAT IS A PULLEY, RUNNING LINE OR CABLE
 SYSTEM SHALL BE A MINIMUM OF FIFTEEN FEET LONG AND LESS THAN SEVEN  FEET
 ABOVE THE GROUND.
   (C) THE TETHER SHALL CONNECT AT BOTH ENDS WITH A SWIVEL, SHALL BE FREE
 OF TANGLES AND SHALL WEIGH LESS THAN ONE-TENTH OF SUCH DOG'S WEIGHT.
   4.  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:
   (A) EXPOSURE TO ANIMAL WASTE, GARBAGE, NOXIOUS ODORS OR  OBJECTS  THAT
 COULD INJURE OR KILL A DOG.
   (B)  EXPOSURE  TO  TAUNTING,  PRODDING, PROVOKING, HITTING, HARASSING,
 THREATENING OR OTHERWISE HARMING A TETHERED OR CONFINED DOG.
   (C) EXPOSING  A  DOG  TO  DANGEROUS  CONDITIONS,  INCLUDING  POTENTIAL
 ATTACKS BY OTHER ANIMALS.
   (D) ALLOWING A DOG TO BECOME ENTANGLED.
   (E) ALLOWING A DOG TO BE TETHERED LONGER THAN THREE HOURS AT A TIME.
   (F)  ALLOWING  A  DOG  TO BE TETHERED (I) BY MEANS OF A CHOKE OR PINCH
 COLLAR, A COLLAR WITH ATTACHED WEIGHTS, A DEVICE  THAT  IS  EMBEDDED  OR
 PARTIALLY  EMBEDDED  OR  MAY  BECOME  EMBEDDED  IN A DOG'S SKIN; (II) BY
 CHAINS THAT ARE MORE THAN ONE-QUARTER INCH THICK; OR (III) BY  A  TETHER
 THAT HAS BECOME TANGLED.
   (G)  ALLOWING  A  DOG  TO  BE  TETHERED OUTDOORS FOR MORE THAN FIFTEEN
 MINUTES 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.
   5. (A) A VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION SHALL BE A
 CLASS A MISDEMEANOR.
   (B)  FOR A THIRD OR SUBSEQUENT OFFENSE, A PERSON MAY BE SUBJECT TO THE
 FORFEITURE OF THE ANIMAL, AT THE DISCRETION  OF  A  COURT  OF  COMPETENT
 JURISDICTION.
   (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.
   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 THE TETHERING OR CHAINING OF DOGS, PROVIDED, HOWEV-
 ER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION OR ORDINANCE SHALL  BE  NO
 LESS STRINGENT THAN THE PROVISIONS OF THIS SECTION.
   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:
   (A) ANY FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGENCY.
   (B)  A  "GUIDE DOG", "POLICE WORK DOG", "HEARING DOG" OR "SERVICE DOG"
 AS DEFINED IN SECTION ONE HUNDRED EIGHT OF THIS CHAPTER.
   (C) "WORKING DOG" AS DEFINED IN SECTION NINETY OF THE STATE LAW.
   (D) ANY LICENSED VETERINARY PRACTICE THAT TETHERS A DOG IN THE  COURSE
 OF SUCH VETERINARY PRACTICE.
   (E)  ANY  EXHIBITION,  SHOW, CONTEST OR OTHER TEMPORARY EVENT IN WHICH
 THE SKILL, BREEDING OR STAMINA OF SUCH DOG IS JUDGED OR EXAMINED.

 S. 6851                             3
 
   (F) ANY EXHIBITION, CLASS, TRAINING SESSION OR OTHER  TEMPORARY  EVENT
 IN  WHICH SUCH DOG IS USED IN A LAWFUL MANNER TO HUNT A SPECIES OF WILD-
 LIFE DURING THE HUNTING SEASON FOR SUCH SPECIES OF WILDLIFE OR IN  WHICH
 SUCH  DOG  RECEIVES  TRAINING IN A LAWFUL MANNER TO HUNT SUCH SPECIES OF
 WILDLIFE.
   (G) TEMPORARY TETHERING OF A DOG AT ANY CAMPING OR RECREATIONAL AREA.
   (H)  TEMPORARY TETHERING OF A DOG AT A GROOMING FACILITY IN THE COURSE
 OF GROOMING SUCH DOG.
   9. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  RULES  AND  REGULATIONS
 NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    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  to be made and
 completed on or before such effective date.

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Senate Bill S6851

Sponsored By

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee

co-Sponsors

2019-S6851 (ACTIVE) - Details

2019-S6851 (ACTIVE) - Summary

2019-S6851 (ACTIVE) - Sponsor Memo

2019-S6851 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6851

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Sponsored By

Monica R. Martinez

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee

co-Sponsors

Todd Kaminsky

Joseph P. Addabbo Jr.

2019-S6851 (ACTIVE) - Details

2019-S6851 (ACTIVE) - Summary

2019-S6851 (ACTIVE) - Sponsor Memo

2019-S6851 (ACTIVE) - Bill Text download pdf

Comments