S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6145
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to tether-
   ing restrictions and proper outdoor shelter for dogs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. 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:
   § 353-b. Appropriate shelter for dogs left outdoors. 1.  For  purposes
 of this section:
   (a)  "Physical condition" shall include any special medical needs of a
 dog due to disease, illness, injury, age, or breed about which the owner
 or person with custody or control of the dog should reasonably be aware.
   (b) "Inclement weather" shall mean weather conditions that are  likely
 to  adversely  affect the health or safety of the dog, including but not
 limited to rain, sleet, ice, snow, HAIL, wind, or extreme heat and cold.
   (c) "EXTREME HEAT OR  COLD"  SHALL  MEAN  TEMPERATURES  OF  THIRTY-TWO
 DEGREES FAHRENHEIT OR BELOW, OR NINETY DEGREES FAHRENHEIT OR ABOVE.
   (D) "Dogs that are left outdoors" shall mean dogs that are outdoors in
 inclement  weather  without  ready access to, or the ability to enter, a
 house, apartment building,  office  building,  or  any  other  permanent
 structure  that  complies with the standards enumerated in paragraph (b)
 of subdivision three of this section.
   2. (a) Any person who owns or has custody or control of a dog that  is
 left outdoors FOR MORE THAN THIRTY MINUTES shall provide it with CONTIN-
 UOUS ACCESS TO shelter appropriate to its breed, physical condition, and
 the  climate.  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
 two hundred fifty dollars for a second and subsequent  offenses.  Begin-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06566-01-5
              

 A. 6145                             2
 
 ning  seventy-two  hours  after a charge of violating this section, each
 day that a defendant fails to correct the deficiencies in the dog  shel-
 ter  for a dog that [he or she owns] THEY OWN or that is in [his or her]
 THEIR  custody  or  control and that is left outdoors, 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] THEY HAVE spent providing a dog shelter or
 repairing an existing dog shelter so that it complies with the  require-
 ments  of  this  section.  Nothing  in  this paragraph shall prevent the
 seizure of a dog for a violation of this section pursuant to the author-
 ity granted in this article.
   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 EXPOSURE TO direct
 sunlight, HOT PAVEMENT, OR ANY OTHER HOT SURFACE at all times when  SUCH
 exposure [to sunlight] is likely to threaten the health of the dog.
   (b)  For all dogs that are left outdoors in inclement weather, a hous-
 ing facility, which must:
   (1) have a waterproof roof;
   (2) be structurally sound AND IN GOOD REPAIR, with NO SHARP POINTS  OR
 EDGES;
   (3) BE IN AN UPRIGHT POSITION AT ALL TIMES;
   (4)  HAVE  ADEQUATE  VENTILATION SUFFICIENT TO ALLOW THE DOG TO REMAIN
 DRY AND MAINTAIN A NORMAL BODY TEMPERATURE;
   (5) HAVE A FLOOR, insulation appropriate to local climatic  conditions
 and  sufficient  to protect the dog from inclement weather AND ALLOW THE
 DOG TO MAINTAIN A NORMAL BODY  TEMPERATURE,  AND,  IF  UNDER  THIRTY-TWO
 DEGREES FAHRENHEIT, A WINDBREAK;
   [(3)]  (6)  BE LOCATED REASONABLY AWAY FROM FLOOD AREAS AND CLEARED OF
 SNOW, PRECIPITATION, AND DEBRIS;
   (7) be constructed to allow each dog adequate freedom of  movement  to
 make  normal  postural  adjustments,  including the ability to stand up,
 turn around, and lie down  with  its  limbs  outstretched,  AND  PROVIDE
 SUFFICIENT SPACE SUCH THAT WHEN THE DOG IS IN A NORMAL SITTING POSITION,
 THE TOP OF ITS HEAD CANNOT TOUCH THE SHELTER CEILING;
   (8)  ALLOW  THE  DOG  ACCESS  TO CLEAN, POTABLE WATER, AND EXPOSURE TO
 NATURAL OR ARTIFICIAL LIGHT CONSISTENT WITH A REGULAR CYCLE OF  DAY  AND
 NIGHT; and
   [(4)] (9) allow for effective removal of excretions, other waste mate-
 rial[;],  dirt, and trash. 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.
   4.  SHELTER  APPROPRIATE TO A DOG'S BREED, PHYSICAL CONDITION, AND THE
 CLIMATE SHALL NOT INCLUDE:
   (A) A CRAWL SPACE UNDER A BUILDING OR PART  OF  A  BUILDING,  SUCH  AS
 UNDER STEPS, A DECK, OR A STOOP;
   (B) THE SPACE UNDER A VEHICLE; OR
   (C) A STRUCTURE:
   (1) MADE FROM PRESSURE TREATED WOOD CONTAINING ARSENIC OR CHROMIUM;
   (2)  THAT IS LOCATED OUTDOORS AND MADE FROM CARDBOARD OR OTHER MATERI-
 ALS THAT ARE EASILY DEGRADED BY THE ELEMENTS; OR
   (3) WITH A FLOOR CONSISTING OF WIRE OR CHAIN-LINK OR  HAVING  OPENINGS
 THROUGH WHICH THE PAW OR FOOT OF A DOG CAN PASS.
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   5.  Inadequate shelter may be indicated by the appearance of the hous-
 ing facility itself, including but  not  limited  to,  size,  structural
 soundness,  evidence  of crowding within the housing facility, healthful
 environment in the area immediately surrounding such facility, or by the
 appearance or physical condition of the dog.
   [5.]  6.  Upon  a finding of any violation of this section, any dog or
 dogs seized pursuant to the provisions of this  article  that  have  not
 been  voluntarily  surrendered  by  the  owner or custodian or forfeited
 pursuant to court order shall be returned to the owner or custodian only
 upon proof that appropriate shelter as required by this section is being
 provided.
   [6.] 7. Nothing in this section  shall  be  construed  to  affect  any
 protections afforded to dogs or other animals under any other provisions
 of this article.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 352 to read as follows:
   § 352. UNLAWFUL TETHERING OF DOGS. 1. FOR PURPOSES  OF  THIS  SECTION,
 "UNOCCUPIED  OR  VACANT PROPERTY" MEANS PROPERTY THAT IS DEVOID OF HUMAN
 INHABITANTS OR OCCUPANTS, OR ON WHICH PEOPLE DO NOT REGULARLY RESIDE  OR
 OPERATE A BUSINESS.
   2. A PERSON SHALL NOT TETHER OR RESTRAIN A DOG:
   (A)  IN ANY MANNER OR TO ANY DOG HOUSE, TREE, FENCE, VEHICLE, OR OTHER
 STATIONARY OBJECT FOR A PERIOD EXCEEDING FOUR NON-CONSECUTIVE INCREMENTS
 OF THIRTY MINUTES IN A TWENTY-FOUR HOUR PERIOD WHEN NOT UNDER THE DIRECT
 SUPERVISION OF THE OWNER OF THE DOG OR RESPONSIBLE PERSON  WITH  CUSTODY
 OR CONTROL OF SUCH DOG;
   (B) IF THE DOG IS ILL, SUFFERING FROM A DEBILITATING DISEASE, INJURED,
 OR IN DISTRESS, OR IS A NURSING FEMALE, OR IS LESS THAN SIX MONTHS OLD;
   (C) ON UNOCCUPIED OR VACANT PROPERTY, OR ANY STRUCTURE THEREON;
   (D) WITH A TETHER ON WHICH MORE THAN ONE DOG IS RESTRAINED;
   (E)  WITH  A  TETHER LENGTH OF LESS THAN THREE TIMES THE LENGTH OF THE
 SIZE OF THE DOG, AS MEASURED FROM SUCH DOG'S NOSE TO  THE  END  OF  SUCH
 DOG'S TAIL;
   (F)  WITH  A  TETHER  THAT  PERMITS THE DOG TO REACH ANOTHER DOG OR AN
 OBJECT OR LOCATION THAT POSES A  RISK  OF  ENTANGLEMENT,  STRANGULATION,
 DROWNING,  OR  OTHER HARM TO THE HEALTH OR SAFETY OF THE DOG, INCLUDING,
 BUT NOT LIMITED TO, ANOTHER DOG'S TETHER OR A WINDOW SILL, FENCE,  WALL,
 PORCH,  TERRACE,  RAILING, VEHICLE, TREE, POLE, POOL, OR PUBLIC WALKWAY,
 ROAD, OR HIGHWAY;
   (G) WITH THE USE OF  A  CHOKE  COLLAR,  PRONG  COLLAR,  HEAD  HARNESS,
 MARTINGALE  COLLAR,  OR  CHAIN  WITH  METAL LINKS THAT ARE MORE THAN ONE
 QUARTER OF AN INCH THICK, OR A TETHER, COLLAR, OR  HARNESS  TO  WHICH  A
 WEIGHT  IS  ATTACHED WITHOUT A PROPERLY FITTING HARNESS OR COLLAR WITH A
 SWIVEL ATTACHMENT AT EACH END THAT WILL NOT CAUSE TRAUMA  OR  INJURY  TO
 THE DOG AND ALLOWS NORMAL BREATHING AND SWALLOWING;
   (H)  IN A MANNER THAT PREVENTS THE DOG'S ACCESS TO SANITARY AND LIQUID
 WATER, FOOD, AND PROPER SHELTER WITHOUT BECOMING ENTANGLED WHEN TETHERED
 FOR MORE THAN THIRTY MINUTES;
   (I) IN A MANNER THAT EXPOSES THE DOG TO INCLEMENT WEATHER, AS  DEFINED
 BY  PARAGRAPH  (B)  OF  SUBDIVISION  ONE OF SECTION THREE HUNDRED FIFTY-
 THREE-B OF THIS ARTICLE, FOR MORE THAN FIFTEEN MINUTES; OR
   (J) IN A MANNER THAT EXPOSES THE DOG TO  ACCUMULATED  WASTE  OR  OTHER
 DEBRIS, PRECIPITATION, OR FLOODING.
   3.  (A) THE OWNER OF A DOG SHALL BE LIABLE FOR A VIOLATION OF SUBDIVI-
 SION TWO OF THIS SECTION THAT OCCURS ON ANY PROPERTY BELONGING  TO  SUCH
 A. 6145                             4
 
 OWNER  OR  ON  WHICH  SUCH  OWNER  RESIDES AT THE TIME OF THE VIOLATION,
 REGARDLESS OF WHETHER SUCH OWNER IS PRESENT WHEN THE VIOLATION OCCURS.
   (B)  A PERSON WITH CUSTODY OR CONTROL OF A DOG WHO IS NOT THE OWNER OF
 THE DOG SHALL BE LIABLE FOR A  VIOLATION  OF  SUBDIVISION  TWO  OF  THIS
 SECTION THAT OCCURS ON ANY PROPERTY BELONGING TO SUCH PERSON OR ON WHICH
 SUCH  PERSON RESIDES AT THE TIME OF THE VIOLATION, REGARDLESS OF WHETHER
 SUCH PERSON IS PRESENT WHEN THE VIOLATION OCCURS.
   4. PARAGRAPHS (C), (E), AND (F) OF SUBDIVISION  TWO  OF  THIS  SECTION
 SHALL  NOT  APPLY  IF,  AT  ALL  TIMES  WHILE  THE  DOG  IS  TETHERED OR
 RESTRAINED, ANY PERSON, INCLUDING THE OWNER OR PERSON  WITH  CUSTODY  OR
 CONTROL OF THE DOG:
   (A) IS IN THE PRESENCE OF THE DOG, WHETHER INDOORS OR OUTDOORS; AND
   (B)  CAN  SEE THE DOG, UNLESS THE PERSON IS BLIND OR VISUALLY IMPAIRED
 SO THAT THE PERSON CANNOT SEE THE DOG DUE TO SUCH  BLINDNESS  OR  VISUAL
 IMPAIRMENT,  IN  WHICH CASE THE PERSON SHALL REMAIN IMMEDIATELY ADJACENT
 TO THE DOG.
   5. PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY IF
 THE DOG IS INDOORS AND A PERSON IS INDOORS WITH THE DOG.
   6. NOTHING IN THIS SECTION SHALL PREVENT THE SEIZURE OF A  DOG  FOR  A
 VIOLATION  OF  THIS  SECTION  PURSUANT  TO THE AUTHORITY GRANTED IN THIS
 ARTICLE.
   7.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
 PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
 OF THIS ARTICLE.
   § 3. This act shall take effect immediately.