Bill Text: NY S06851 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes requirements for restraining dogs outdoors, requirements for the tether used to restrain a dog, the penalties for a violation of these provisions and exceptions to such requirements.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S06851 Detail]

Download: New_York-2019-S06851-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6851

                               2019-2020 Regular Sessions

                    IN SENATE

                                    November 13, 2019
                                       ___________

        Introduced  by Sens. MARTINEZ, KAMINSKY -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Rules

        AN ACT to  amend  the  agriculture  and  markets  law,  in  relation  to
          restraining dogs outdoors

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 353-g to read as follows:
     3    §  353-g.  Outdoor restraint of dogs. 1. For purposes of this section,
     4  "tether" means to restrain a dog by attaching such dog to any object  or
     5  structure,  including  without  limitation  a  house, tree, fence, post,
     6  garage, or shed, by any means, including  without  limitation  a  chain,
     7  rope,  cord, leash, or running line. Tethering shall not include the use
     8  of a leash to walk a dog nor the tethering of a dog in a public location
     9  for no more than fifteen minutes.
    10    2. It shall be unlawful to tether a dog outdoors, except when  all  of
    11  the following conditions are met:
    12    (a)  The  tether shall be attached to such dog and shall restrain such
    13  dog to the owner's property.
    14    (b) Such dog shall be at least six months old and free  of  any  known
    15  health condition that would be exacerbated by tethering.
    16    (c)  Such  dog shall not be a nursing mother whose offspring are pres-
    17  ent.
    18    (d) If there are multiple dogs, each dog shall be tethered  separately
    19  and  shall  not be restrained in a manner in which they are able to come
    20  into contact with one another at any point in time while restrained.
    21    (e) Such dog is tethered between the hours of  five  a.m.  and  eleven
    22  p.m.
    23    3. All tethers shall meet the following requirements:
    24    (a)  Include  a  buckle type collar or a body harness made of nylon or
    25  leather that is at least one inch thick.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14010-02-9
        S. 6851                             2

     1    (b) (i) The length of a stationary tether shall be at least  ten  feet
     2  or  five times the length of such dog's body as measured from the tip of
     3  the nose to the base of the tail, whichever length is greater.
     4    (ii)  The  length  of a tether that is a pulley, running line or cable
     5  system shall be a minimum of fifteen feet long and less than seven  feet
     6  above the ground.
     7    (c) The tether shall connect at both ends with a swivel, shall be free
     8  of tangles and shall weigh less than one-tenth of such dog's weight.
     9    4.  In  addition to the above requirements, tethered dogs must be free
    10  of cruel conditions or inhumane tethering at any time. For  purposes  of
    11  this  section,  "cruel  conditions or inhumane tethering" shall include,
    12  but not be limited to, the following:
    13    (a) Exposure to animal waste, garbage, noxious odors or  objects  that
    14  could injure or kill a dog.
    15    (b)  Exposure  to  taunting,  prodding, provoking, hitting, harassing,
    16  threatening or otherwise harming a tethered or confined dog.
    17    (c) Exposing  a  dog  to  dangerous  conditions,  including  potential
    18  attacks by other animals.
    19    (d) Allowing a dog to become entangled.
    20    (e) Allowing a dog to be tethered longer than three hours at a time.
    21    (f)  Allowing  a  dog  to be tethered (i) by means of a choke or pinch
    22  collar, a collar with attached weights, a device  that  is  embedded  or
    23  partially  embedded  or  may  become  embedded  in a dog's skin; (ii) by
    24  chains that are more than one-quarter inch thick; or (iii) by  a  tether
    25  that has become tangled.
    26    (g)  Allowing  a  dog  to  be  tethered outdoors for more than fifteen
    27  minutes when a weather advisory or warning is issued by local, state  or
    28  federal  authorities or when outdoor environmental conditions, including
    29  but not limited to, heat, cold, wind, rain, snow or hail pose an adverse
    30  risk to the health or safety of such dog based on such dog's breed,  age
    31  or physical condition.
    32    5. (a) A violation of any of the provisions of this section shall be a
    33  class A misdemeanor.
    34    (b)  For a third or subsequent offense, a person may be subject to the
    35  forfeiture of the animal, at the discretion  of  a  court  of  competent
    36  jurisdiction.
    37    (c) Nothing in this subdivision shall prevent the seizure of a dog for
    38  a  violation  of  this section pursuant to the authority granted in this
    39  article.
    40    6. Nothing in this section shall be construed to limit  or  prevent  a
    41  municipality from enacting or enforcing a local law, rule, regulation or
    42  ordinance  regarding the tethering or chaining of dogs, provided, howev-
    43  er, that any such local law, rule, regulation or ordinance shall  be  no
    44  less stringent than the provisions of this section.
    45    7.   Nothing  in  this  section  shall  be  construed  to  affect  any
    46  protections afforded to dogs under any other provisions of this  article
    47  or other law or regulation.
    48    8. The provisions of this section shall not apply to:
    49    (a) Any federal, state, or local law enforcement agency.
    50    (b)  A  "guide dog", "police work dog", "hearing dog" or "service dog"
    51  as defined in section one hundred eight of this chapter.
    52    (c) "Working dog" as defined in section ninety of the state law.
    53    (d) Any licensed veterinary practice that tethers a dog in the  course
    54  of such veterinary practice.
    55    (e)  Any  exhibition,  show, contest or other temporary event in which
    56  the skill, breeding or stamina of such dog is judged or examined.
        S. 6851                             3

     1    (f) Any exhibition, class, training session or other  temporary  event
     2  in  which such dog is used in a lawful manner to hunt a species of wild-
     3  life during the hunting season for such species of wildlife or in  which
     4  such  dog  receives  training in a lawful manner to hunt such species of
     5  wildlife.
     6    (g) Temporary tethering of a dog at any camping or recreational area.
     7    (h)  Temporary tethering of a dog at a grooming facility in the course
     8  of grooming such dog.
     9    9. The department is authorized to promulgate  rules  and  regulations
    10  necessary to effectuate the provisions of this section.
    11    §  2.  This  act shall take effect on the ninetieth day after it shall
    12  have become a law.    Effective  immediately,  the  addition,  amendment
    13  and/or repeal of any rule or regulation necessary for the implementation
    14  of  this  act  on  its  effective  date  are  authorized  to be made and
    15  completed on or before such effective date.