A00165 Summary:

BILL NOA00165
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSRJackson, Stern, Glick, Davila, Kelles, Simone
 
MLTSPNSR
 
Add §353-g, Ag & Mkts L
 
Relates to outdoor restraints of dogs; prohibits tethering under cruel or inhumane conditions, including during dangerous weather conditions when a weather alert, advisory or warning is in effect; provides for civil penalties for violations.
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A00165 Actions:

BILL NOA00165
 
01/08/2025referred to agriculture
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A00165 Committee Votes:

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A00165 Floor Votes:

There are no votes for this bill in this legislative session.
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A00165 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A165
 
SPONSOR: Rosenthal
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to outdoor restraint of dogs   PURPOSE: This bill ensures that companion animals are tethered safely and humane- ly.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the agriculture and markets law by adding a new section 353-g. Section two sets forth the effective date.   JUSTIFICATION: While some restrictions on the tethering of animals are codified and enforced in New York State, and even more specific restrictions have been passed by some local governments, many of these restrictions are vague, contradictory or unnecessarily complicated. More uniform restrictions need to be put in place on a state level so that law enforcement and animal control officers can better enforce the law, ensure compliance and protect vulnerable animals.   LEGISLATIVE HISTORY: 2023-24: A.54 - Referred to Agriculture; S.6315 - Referred to Agricul- ture 2021-22: A.1410 - Referred to Agriculture 2019-20: A.729 - Referred to Agriculture 2017-18: A.4022 - Referred to Agriculture 2015-16: A.6406-A - Referred to Agriculture   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This bill shall take effect on the thirtieth day after it shall have become a law.
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A00165 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           165
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced by M. of A. ROSENTHAL, JACKSON, STERN, GLICK, DAVILA, KELLES,
          SIMONE -- read once and referred to the Committee on Agriculture
 
        AN  ACT to amend the agriculture and markets law, in relation to outdoor
          restraint of dogs

          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.  Definitions. 1. For the  purposes
     4  of this section:
     5    (a)  "Tether" shall mean to restrain a dog by attaching the dog to any
     6  object or structure, including without limitation a house, tree,  fence,
     7  post,  garage,  or  shed,  by  any means, including without limitation a
     8  chain, rope, cord, leash, or running line. Tethering  does  not  include
     9  the  use of a leash to walk a dog or circumstances where a dog is other-
    10  wise accompanied by a person who owns or has custody or control  of  the
    11  dog.
    12    (b)  "Dangerous  weather  conditions"  shall mean inclement weather as
    13  defined in section three hundred fifty-three-b of this  article,  condi-
    14  tions  described in a weather alert, advisory or other warning issued by
    15  a local, state or federal authority, or when outside weather conditions,
    16  including but not limited to extreme heat, cold, wind,  rain,  snow,  or
    17  hail,  pose  an  adverse  risk to the health or safety of a dog based on
    18  breed, age, and physical condition,  in  accordance  with  the  industry
    19  standard set forth in the Tufts Animal Care and Condition Weather Safety
    20  Scale.   Extreme heat and cold limitations shall mean an ambient temper-
    21  ature of eighty degrees Fahrenheit and  thirty-five  degrees  Fahrenheit
    22  respectively.
    23    (c)  "Shelter"  shall mean conditions that allow the dog to remain dry
    24  and to be protected from the elements. A shelter shall: (i) comply  with
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00938-01-5

        A. 165                              2
 
     1  the  minimum  standards  for appropriate shelter established pursuant to
     2  section three hundred fifty-three-b  of  this  article;  (ii)  be  fully
     3  enclosed  on all sides except one, which side shall have an opening that
     4  allows  the  dog  easy  entry to and exit from the shelter; (iii) have a
     5  slanted, waterproof roof; (iv) have a solid  floor;  (v)  contain  clean
     6  bedding  or  straw/shavings.   If straw/shavings are used, they shall be
     7  replaced at least once every two weeks so that the dog can  burrow  into
     8  it  for  warmth;  (vi) be small enough to retain the dog's body heat and
     9  large  enough  to  allow  the  dog  to  stand,  lie  down   with   limbs
    10  outstretched,  and turn around comfortably; and (vii) have a surrounding
    11  area that is free of standing water, ice, and waste.
    12    (d) "Cruel conditions"  or  "inhumane  tethering"  shall  include  the
    13  following:
    14    (i)  Exposure  to animal waste, garbage, noxious odors or objects that
    15  could injure or kill a dog, provided that a dog may be exposed to  their
    16  own  waste that was produced while tethered so long as any such waste is
    17  cleared prior to the dog being tethered.
    18    (ii) Exposure to taunting, prodding,  provoking,  hitting,  harassing,
    19  threatening or otherwise harming a tethered or confined dog.
    20    (iii)  Exposing  a  dog  to  dangerous conditions, including potential
    21  attacks by other animals.
    22    (iv) Exposing a dog to dangerous weather conditions.
    23    (v) Allowing a dog to become entangled.
    24    (vi) Being tethered to a vacant property.
    25    (vii) Any tethering that could reasonably lead to the distress,  seri-
    26  ous discomfort, injury, or death of the dog.
    27    2. Notwithstanding any other law to the contrary, it shall be unlawful
    28  to  tether an unaccompanied dog outdoors, except when all of the follow-
    29  ing conditions are met:
    30    (a) The tether shall: (i) be in compliance with the  rules  and  regu-
    31  lations  set  forth  by  the department; (ii) not be embedded, partially
    32  embedded, or prone to becoming embedded in a dog's skin; (iii)  restrain
    33  the dog to the owner's property in such a way as to prevent the dog from
    34  reaching  hazards,  including but not limited to pools, fences, porches,
    35  or railing that poses a strangulation  risk;  and  (iv)  allow  the  dog
    36  sufficient movement to urinate in a separate area from the area where it
    37  must eat, drink, or lie down.
    38    (b) The tethered dog must:
    39    (i) be at least six months old;
    40    (ii) not be a nursing female or in the advanced stages of pregnancy;
    41    (iii)  not be suffering from illness, debilitating disease, injury, or
    42  distress; and
    43    (iv) be apparently free of any health condition that would be  exacer-
    44  bated by tethering.
    45    (c) If there are multiple dogs, each must be tethered separately.
    46    (d)  No  dog  shall be tethered outdoors between the hours of ten p.m.
    47  and six a.m.
    48    (e) A dog shall not be tethered outside for longer than  four  consec-
    49  utive  hours or a total time outside in excess of six hours in a twenty-
    50  four hour period.
    51    (f) Tethered dogs must have unencumbered access to shade, food, water,
    52  shelter, and dry ground without becoming entangled.
    53    (g) Tethered dogs must be free of cruel conditions or inhumane tether-
    54  ing.

        A. 165                              3
 
     1    3. Tethering a supervised dog for  less  than  fifteen  minutes  in  a
     2  public  location shall not be a violation of this section so long as the
     3  tethered dog is free of cruel conditions or inhumane tethering.
     4    4. This section shall be enforced by the attorney general.
     5    (a)  A violation of any of the provisions of this section shall, for a
     6  first offense, be punishable by a civil fine not to exceed fifty dollars
     7  total.
     8    (b) For a second offense, the fine shall be one thousand  dollars  per
     9  dog plus reimbursement of investigation costs.
    10    (c)  For  a third or subsequent offense, the fine shall be three thou-
    11  sand dollars per dog plus reimbursement  of  investigation  costs.  Such
    12  person  shall  register  with any applicable local animal abuse registry
    13  and shall forfeit all animals in such person's possession.
    14    5. Nothing in this section shall be construed to limit  or  prevent  a
    15  municipality from enacting or enforcing a local law, rule, regulation or
    16  ordinance  regarding  tethering  or chaining of dogs, provided, however,
    17  that any such local law, rule, regulation or ordinance shall be no  less
    18  stringent than the provisions of this section.
    19    6.   Nothing  in  this  section  shall  be  construed  to  reduce  any
    20  protections afforded to dogs under any other provisions of this  article
    21  or other law or regulation.
    22    7.  The  provisions  of  this  section shall not apply to any federal,
    23  state or local law enforcement agency.
    24    8. The department shall issue  any  necessary  rules  and  regulations
    25  describing  the  humane use of a tether and the proper length and weight
    26  of such tether to ensure the requirements of this section are met.
    27    9. The department shall engage  in  a  public  education  campaign  to
    28  ensure that dog owners are aware of the provisions of this section.
    29    §  2.  This  act shall take effect on the thirtieth day after it shall
    30  have become a law.
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