Senate Bill S6315

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6315
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 13, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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  outdoor
   restraint of companion animals
 
   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 COMPANION ANIMALS. DEFINITIONS. 1. FOR
 THE PURPOSES OF THIS SECTION:
   (A) "TETHER" SHALL MEAN 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.
   (B) "DANGEROUS WEATHER CONDITIONS" SHALL  MEAN  INCLEMENT  WEATHER  AS
 DEFINED  IN  SECTION THREE HUNDRED FIFTY-THREE-B OF THIS ARTICLE, CONDI-
 TIONS DESCRIBED IN A WEATHER ALERT, ADVISORY OR OTHER WARNING ISSUED  BY
 A LOCAL, STATE OR FEDERAL AUTHORITY, OR WHEN OUTSIDE WEATHER CONDITIONS,
 INCLUDING  BUT  NOT  LIMITED TO EXTREME HEAT, COLD, WIND, RAIN, SNOW, OR
 HAIL, POSE AN ADVERSE RISK TO THE HEALTH OR SAFETY OF  A  DOG  BASED  ON
 BREED,  AGE,  AND  PHYSICAL  CONDITION,  IN ACCORDANCE WITH THE INDUSTRY
 STANDARD SET FORTH IN THE TUFTS ANIMAL CARE AND CONDITION WEATHER SAFETY
 SCALE.  EXTREME HEAT AND COLD LIMITATIONS SHALL MEAN AN AMBIENT  TEMPER-
 ATURE  OF  EIGHTY  DEGREES FAHRENHEIT AND THIRTY-FIVE DEGREES FAHRENHEIT
 RESPECTIVELY.
   (C) "SHELTER" SHALL MEAN CONDITIONS THAT ALLOW THE DOG TO  REMAIN  DRY
 AND  TO BE PROTECTED FROM THE ELEMENTS. A SHELTER SHALL: (I) COMPLY WITH
 THE MINIMUM STANDARDS FOR APPROPRIATE SHELTER  ESTABLISHED  PURSUANT  TO
 SECTION  THREE  HUNDRED  FIFTY-THREE-B  OF  THIS  ARTICLE; (II) BE FULLY
 ENCLOSED ON ALL SIDES EXCEPT ONE, WHICH SIDE SHALL HAVE AN OPENING  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00797-01-3
              

 S. 6315                             2
 
 ALLOWS  THE  DOG  EASY  ENTRY TO AND EXIT FROM THE SHELTER; (III) HAVE A
 SLANTED, WATERPROOF ROOF; (IV) HAVE A SOLID  FLOOR;  (V)  CONTAIN  CLEAN
 BEDDING  OR  STRAW/SHAVINGS.   IF STRAW/SHAVINGS ARE USED, THEY SHALL BE
 REPLACED  AT  LEAST ONCE EVERY TWO WEEKS SO THAT THE DOG CAN BURROW INTO
 IT FOR WARMTH; (VI) BE SMALL ENOUGH TO RETAIN THE DOG'S  BODY  HEAT  AND
 LARGE   ENOUGH   TO  ALLOW  THE  DOG  TO  STAND,  LIE  DOWN  WITH  LIMBS
 OUTSTRETCHED, AND TURN AROUND COMFORTABLY; AND (VII) HAVE A  SURROUNDING
 AREA THAT IS FREE OF STANDING WATER, ICE, AND WASTE.
   (D)  "CRUEL  CONDITIONS"  OR  "INHUMANE  TETHERING"  SHALL INCLUDE THE
 FOLLOWING:
   (I) EXPOSURE TO ANIMAL WASTE, GARBAGE, NOXIOUS ODORS OR  OBJECTS  THAT
 COULD  INJURE OR KILL A DOG, PROVIDED THAT A DOG MAY BE EXPOSED TO THEIR
 OWN WASTE THAT WAS PRODUCED WHILE TETHERED SO LONG AS ANY SUCH WASTE  IS
 CLEARED PRIOR TO THE DOG BEING TETHERED.
   (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.
   (V) BEING TETHERED TO A VACANT PROPERTY.
   (VI) ANY TETHERING THAT COULD REASONABLY LEAD TO THE DISTRESS, SERIOUS
 DISCOMFORT, INJURY, OR DEATH OF THE DOG.
   2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IT SHALL BE UNLAWFUL
 TO  TETHER  A  DOG OUTDOORS, EXCEPT WHEN ALL OF THE FOLLOWING CONDITIONS
 ARE MET:
   (A) THE TETHER SHALL: (I) BE AT LEAST ONE INCH THICK AND SHALL FIT THE
 DOG PROPERLY AND COMFORTABLY, INCLUDING WHEN USED ON A DOG THAT HAS  NOT
 FINISHED GROWING, IN WHICH CASE THE TETHER SHALL BE MODIFIED TO ENSURE A
 COMFORTABLE  FIT; (II) CONNECT AT BOTH ENDS WITH A SWIVEL AND BE AFFIXED
 IN SUCH A MANNER THAT IT WILL PREVENT THE DOG FROM BECOMING ENTANGLED OR
 INJURED, AND GENERALLY NOT LIKELY TO ENTANGLE THE DOG; (III) WEIGH  LESS
 THAN 1/13TH OF THE DOG'S WEIGHT AND SHALL WEIGH LESS THAN TWELVE POUNDS;
 (IV)  BE  FREE  OF  TANGLES; (V) NOT BE EMBEDDED, PARTIALLY EMBEDDED, OR
 PRONE TO BECOMING EMBEDDED IN A DOG'S SKIN; (VI) RESTRAIN THE DOG TO THE
 OWNER'S PROPERTY IN SUCH A WAY AS  TO  PREVENT  THE  DOG  FROM  REACHING
 HAZARDS, INCLUDING BUT NOT LIMITED TO POOLS, FENCES, PORCHES, OR RAILING
 THAT  POSES  A  STRANGULATION RISK; AND (VII) HAVE AN APPROPRIATE LENGTH
 SUCH THAT THE TETHER MUST ALLOW THE DOG SUFFICIENT MOVEMENT  TO  URINATE
 IN A SEPARATE AREA FROM THE AREA WHERE IT MUST EAT, DRINK, OR LIE DOWN.
   (B)  THE  LENGTH OF A STATIONARY TETHER SHALL NOT BE LESS THAN FIFTEEN
 FEET IN LENGTH, 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.
   (C) 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.
   (D) THE TETHER MUST BE ATTACHED TO THE DOG WITH A BUCKLE  TYPE  COLLAR
 OR  A  BODY  HARNESS  MADE OF MATERIAL NOT NORMALLY SUSCEPTIBLE TO BEING
 SEVERED BY THE DOG THROUGH CHEWING OR OTHERWISE AND THAT WILL NOT  CAUSE
 TRAUMA TO THE DOG.
   (E)  CHOKE-,  PINCH-, OR PRONG-TYPE COLLARS, ATTACHED WEIGHTS OR CHAIN
 LINKS OVER ONE-QUARTER INCH THICK, OR ANY OTHER  COLLAR  THAT  RESTRAINS
 THE  DOG IN SUCH A MANNER THAT IT IMPAIRS THE FLOW OF OXYGEN OR BLOOD TO
 THE DOG, WHICH MAY CAUSE CHOKING OR SUBSTANTIAL DISCOMFORT TO  THE  DOG,
 SHALL NOT BE UTILIZED FOR TETHERING.
   (F) THE TETHERED DOG MUST:
 S. 6315                             3
 
   (I) BE AT LEAST SIX MONTHS OLD;
   (II) NOT BE A NURSING FEMALE OR IN THE ADVANCED STAGES OF PREGNANCY;
   (III)  NOT BE SUFFERING FROM ILLNESS, DEBILITATING DISEASE, INJURY, OR
 DISTRESS; AND
   (IV) BE APPARENTLY FREE OF ANY HEALTH CONDITION THAT WOULD BE  EXACER-
 BATED BY TETHERING.
   (G) IF THERE ARE MULTIPLE DOGS, EACH MUST BE TETHERED SEPARATELY.
   (H)  NO  DOG  SHALL BE TETHERED OUTDOORS BETWEEN THE HOURS OF TEN P.M.
 AND SIX A.M.
   (I) A DOG SHALL NOT BE TETHERED OUTSIDE FOR LONGER THAN  FOUR  CONSEC-
 UTIVE  HOURS OR A TOTAL TIME OUTSIDE IN EXCESS OF SIX HOURS IN A TWENTY-
 FOUR HOUR PERIOD.
   (J) 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.
   (K) TETHERED DOGS MUST HAVE UNENCUMBERED ACCESS TO SHADE, FOOD, WATER,
 SHELTER, AND DRY GROUND WITHOUT BECOMING ENTANGLED.
   (L) TETHERED DOGS MUST BE FREE OF CRUEL CONDITIONS OR INHUMANE TETHER-
 ING AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
   3.  TETHERING  A  SUPERVISED  DOG  FOR  LESS THAN FIFTEEN MINUTES IN A
 PUBLIC LOCATION SHALL NOT BE A VIOLATION OF THIS SECTION SO LONG AS  THE
 TETHERED DOG IS FREE OF CRUEL CONDITIONS OR INHUMANE TETHERING.
   4. THIS SECTION SHALL BE ENFORCED BY THE ATTORNEY GENERAL.
   (A)  A VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION SHALL, FOR A
 FIRST OFFENSE, SHALL BE PUNISHABLE BY A CIVIL FINE NOT  TO  EXCEED  FIVE
 HUNDRED DOLLARS PER DOG.
   (B)  FOR  A SECOND OFFENSE, THE FINE SHALL BE ONE THOUSAND DOLLARS PER
 DOG PLUS REIMBURSEMENT OF INVESTIGATION COSTS.
   (C) FOR A THIRD OR SUBSEQUENT OFFENSE, THE FINE SHALL BE  THREE  THOU-
 SAND  DOLLARS  PER  DOG  PLUS REIMBURSEMENT OF INVESTIGATION COSTS. SUCH
 PERSON SHALL REGISTER WITH ANY APPLICABLE LOCAL  ANIMAL  ABUSE  REGISTRY
 AND SHALL FORFEIT ALL ANIMALS IN SUCH PERSON'S POSSESSION.
   5.  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.
   6.  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.
   7. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  FEDERAL,
 STATE, OR LOCAL LAW ENFORCEMENT AGENCY.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.