STATE OF NEW YORK
        ________________________________________________________________________
                                          3559
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 8, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Domestic Animal Welfare
        AN ACT to amend the agriculture and markets law, in relation to increas-
          ing the monetary penalties for  the  failure  to  provide  appropriate
          shelter for a dog left outdoors
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 2  of  section  353-b  of  the
     2  agriculture  and  markets  law,  as  added by chapter 594 of the laws of
     3  2003, is amended to read as follows:
     4    (a) Any person who owns or has custody or control of  a  dog  that  is
     5  left  outdoors  shall  provide it with shelter appropriate to its breed,
     6  physical condition and the climate. Any person  who  knowingly  violates
     7  the  provisions of this section shall be guilty of a violation, punisha-
     8  ble by a fine of [not less than] up to two hundred  fifty  dollars  [nor
     9  more than one hundred dollars] for a first offense, [and] a fine of [not
    10  less  than  one]  up  to five hundred dollars [nor more than two hundred
    11  fifty dollars] for a second violation and [subsequent offenses]  a  fine
    12  of  up to one thousand dollars for a third violation. Beginning seventy-
    13  two hours after a charge of violating this  section,  each  day  that  a
    14  defendant fails to correct the deficiencies in the dog shelter for a dog
    15  that he or she owns or that is in his or her custody or control and that
    16  is  left outdoors, so as to bring it into compliance with the provisions
    17  of this section shall constitute a separate offense.
    18    § 2. This act shall take effect on the thirtieth day  after  it  shall
    19  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01438-01-9