Bill Text: NY S04327 | 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 1-0)

Status: (Introduced - Dead) 2010-02-04 - PRINT NUMBER 4327C [S04327 Detail]

Download: New_York-2009-S04327-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4327--C
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 22, 2009
                                      ___________
       Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said committee --  recommitted
         to the Committee on Agriculture in accordance with Senate Rule 6, sec.
         8  -- committee discharged, bill amended, ordered reprinted as amended
         and recommitted to said committee
       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
   19  TO, WOOD, SOLID STONE, CONCRETE OR CARPET OVER WOOD, CONCRETE  OR  SOLID
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06744-08-0
       S. 4327--C                          2
    1  STONE,  BUT  EXCLUDING SECTIONS OF METAL CAGES, WHICH AMOUNT SHALL, AT A
    2  MINIMUM, BE OF AN AREA EQUAL TO THE AREA OCCUPIED BY THE DOG WHEN IT  IS
    3  LYING  DOWN  WITH ITS LIMBS FULLY EXTENDED; AND (C) FOUR ENCLOSED SIDES,
    4  ONE OF WHICH INCLUDES AN APPROPRIATELY-SIZED ENTRANCE WITH A CORRESPOND-
    5  INGLY-SIZED  FLAP  TO  SERVE  AS  A DOOR; (2) be structurally sound with
    6  insulation appropriate to local climatic conditions  and  sufficient  to
    7  protect the dog from inclement weather; (3) be constructed to allow each
    8  dog  adequate freedom of movement to FREELY make normal postural adjust-
    9  ments, including the ability to stand up, turn around and lie down  with
   10  its  limbs outstretched; [and] (4) allow for effective removal of excre-
   11  tions, other waste material; dirt and trash; (5) BE  OF  AN  APPROPRIATE
   12  SIZE  IN  PROPORTION  TO THE SIZE OF THE DOG AND IN CONSIDERATION OF THE
   13  DOG'S PHYSICAL CONDITION TO  PERMIT  THE  BUILD-UP  WITHIN  THE  HOUSING
   14  FACILITY  OF  THE  DOG'S  RADIANT  BODY HEAT IN COLD WEATHER; AND (6) BE
   15  FREELY AND EASILY ACCESSIBLE TO THE DOG. The housing  facility  and  the
   16  area immediately surrounding it shall be regularly cleaned to maintain a
   17  healthy  and  sanitary  environment  and  to minimize health hazards. IF
   18  MULTIPLE DOGS ARE RESTRAINED IN A COMMON AREA, A SEPARATE HOUSING FACIL-
   19  ITY SHALL BE PROVIDED FOR EACH DOG OR A SINGLE  HOUSING  FACILITY  LARGE
   20  ENOUGH TO SHELTER ALL OF THE DOGS SIMULTANEOUSLY SHALL BE PROVIDED.
   21    S 2. Subdivision 6 of section 353-b of the agriculture and markets law
   22  is  renumbered subdivision 7 and a new subdivision 6 is added to read as
   23  follows:
   24    6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  DOG  SHALL
   25  NOT  BE  LEFT OUTDOORS IN WEATHER THAT PLACES THE DOG IN IMMINENT DANGER
   26  OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO EXPOSURE  TO  HEAT  OR  COLD,
   27  GIVEN  THE  DOG'S  PHYSICAL  CONDITION, WITHOUT READY ACCESS TO, AND THE
   28  ABILITY  TO  ENTER,  AN  APPROPRIATELY  TEMPERATURE-CONTROLLED  BUILDING
   29  INCLUDING  BUT  NOT  LIMITED TO A RESIDENTIAL HOUSE, APARTMENT BUILDING,
   30  OFFICE BUILDING OR OTHER PLACE OF BUSINESS OF ITS OWNER OR OF THE PERSON
   31  WHO HAS CUSTODY OR CONTROL OF THE DOG.
   32    S 3. This act shall take effect immediately.