Bill Text: NY A07545 | 2009-2010 | General Assembly | Amended

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Bill Title: Specifies what constitutes appropriate shelter for dogs restrained outdoors and provides a dog shall not be left outdoors in weather that places the dog in imminent danger due to exposure to heat and cold.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed - Dead) 2010-05-26 - REFERRED TO AGRICULTURE [A07545 Detail]

Download: New_York-2009-A07545-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7545--C
                                                               Cal. No. 495
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 14, 2009
                                      ___________
       Introduced  by  M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. COOK,
         GLICK, HOOPER, JOHN, KELLNER, LUPARDO, MARKEY, McENENY, PHEFFER, REIL-
         LY, ROBINSON, SCHIMEL, TITONE -- read once and referred to the Commit-
         tee on Agriculture --  committee  discharged,  bill  amended,  ordered
         reprinted  as  amended  and  recommitted  to  said  committee -- again
         reported from said committee with  amendments,  ordered  reprinted  as
         amended  and recommitted to said committee -- reported from committee,
         advanced to a third reading, amended and ordered reprinted,  retaining
         its place on the order of third reading
       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:
    1    Section 1. Subdivision 3 of  section  353-b  of  the  agriculture  and
    2  markets  law, as added by chapter 594 of the laws of 2003, is amended to
    3  read as follows:
    4    3. Minimum standards for determining whether shelter is appropriate to
    5  a dog's breed, physical condition and the climate shall include:
    6    (a) For dogs that are restrained in  any  manner  outdoors,  shade  by
    7  natural  or  artificial means to protect the dog from direct sunlight at
    8  all times when exposure to sunlight is likely to threaten the health  of
    9  the  dog.  SUCH  SHADE SHALL BE FREELY AND EASILY ACCESSIBLE TO THE DOG.
   10  THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST  A  SHADOW  SUFFI-
   11  CIENT TO SHADE THE DOG'S ENTIRE BODY. IF MULTIPLE DOGS ARE RESTRAINED IN
   12  A  COMMON  AREA, THE SOURCE OF THE SHADE SHALL BE LARGE ENOUGH TO CAST A
   13  SHADOW SUFFICIENT TO SHADE THE BODIES OF ALL DOGS OCCUPYING THE AREA.
   14    (b) For all dogs that are left outdoors in inclement weather, a  hous-
   15  ing  facility,  which must: (1) have: (A) a waterproof roof WHICH COVERS
   16  ALL OF THE HOUSING FACILITY OR AN AREA OF THE FACILITY LARGE  ENOUGH  TO
   17  COMPLETELY  SHELTER  THE  DOG;  (B)  A  PREDOMINANT  AMOUNT OF THE FLOOR
   18  CONSTRUCTED OF A SOLID MATERIAL OR MATERIALS, INCLUDING BUT NOT  LIMITED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06744-07-0
       A. 7545--C                          2
    1  TO,  WOOD,  SOLID STONE, CONCRETE OR CARPET OVER WOOD, CONCRETE OR SOLID
    2  STONE, BUT EXCLUDING SECTIONS OF METAL CAGES, WHICH AMOUNT SHALL,  AT  A
    3  MINIMUM,  BE OF AN AREA EQUAL TO THE AREA OCCUPIED BY THE DOG WHEN IT IS
    4  LYING  DOWN  WITH ITS LIMBS FULLY EXTENDED; AND (C) FOUR ENCLOSED SIDES,
    5  ONE OF WHICH INCLUDES AN APPROPRIATELY-SIZED ENTRANCE WITH A CORRESPOND-
    6  INGLY-SIZED FLAP TO SERVE AS A DOOR;  (2)  be  structurally  sound  with
    7  insulation  appropriate  to  local climatic conditions and sufficient to
    8  protect the dog from inclement weather; (3) be constructed to allow each
    9  dog adequate freedom of movement to FREELY make normal postural  adjust-
   10  ments,  including the ability to stand up, turn around and lie down with
   11  its limbs outstretched; [and] (4) allow for effective removal of  excre-
   12  tions,  other  waste  material; dirt and trash; (5) BE OF AN APPROPRIATE
   13  SIZE IN PROPORTION TO THE SIZE OF THE DOG AND IN  CONSIDERATION  OF  THE
   14  DOG'S  PHYSICAL  CONDITION  TO  PERMIT  THE  BUILD-UP WITHIN THE HOUSING
   15  FACILITY OF THE DOG'S RADIANT BODY HEAT IN  COLD  WEATHER;  AND  (6)  BE
   16  FREELY  AND  EASILY  ACCESSIBLE TO THE DOG. The housing facility and the
   17  area immediately surrounding it shall be regularly cleaned to maintain a
   18  healthy and sanitary environment and  to  minimize  health  hazards.  IF
   19  MULTIPLE DOGS ARE RESTRAINED IN A COMMON AREA, A SEPARATE HOUSING FACIL-
   20  ITY  SHALL  BE  PROVIDED FOR EACH DOG OR A SINGLE HOUSING FACILITY LARGE
   21  ENOUGH TO SHELTER ALL OF THE DOGS SIMULTANEOUSLY SHALL BE PROVIDED.
   22    S 2. Subdivision 6 of section 353-b of the agriculture and markets law
   23  is renumbered subdivision 7 and a new subdivision 6 is added to read  as
   24  follows:
   25    6.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A DOG SHALL
   26  NOT BE LEFT OUTDOORS IN WEATHER THAT PLACES THE DOG IN  IMMINENT  DANGER
   27  OF  DEATH  OR  SERIOUS  PHYSICAL INJURY DUE TO EXPOSURE TO HEAT OR COLD,
   28  GIVEN THE DOG'S PHYSICAL CONDITION, WITHOUT READY  ACCESS  TO,  AND  THE
   29  ABILITY  TO  ENTER,  AN  APPROPRIATELY  TEMPERATURE-CONTROLLED  BUILDING
   30  INCLUDING BUT NOT LIMITED TO A RESIDENTIAL  HOUSE,  APARTMENT  BUILDING,
   31  OFFICE BUILDING OR OTHER PLACE OF BUSINESS OF ITS OWNER OR OF THE PERSON
   32  WHO HAS CUSTODY OR CONTROL OF THE DOG.
   33    S 3. This act shall take effect immediately.