STATE OF NEW YORK ________________________________________________________________________ 729 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, MOSLEY -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to outdoor restraint of companion animals 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 companion animals. 1. For purposes of 4 this section, "tether" means to restrain a dog by attaching the dog to 5 any object or structure, including without limitation a house, tree, 6 fence, post, garage, or shed, by any means, including without limitation 7 a chain, rope, cord, leash, or running line. Tethering does not include 8 the use of a leash to walk a dog. 9 2. It shall be unlawful to tether a dog outdoors, except when all of 10 the following conditions are met: 11 (a) The tether must be attached to the dog with a buckle type collar 12 or a body harness made of nylon or leather that is at least one inch 13 thick. Choke or pinch type collars, attached weights and chains over 14 one-quarter inch thick cannot be utilized for tethering. 15 (b) (i) The length of a stationary tether shall not be less than ten 16 feet or five times the length of the dog's body as measured from the tip 17 of the nose to the base of the tail, whichever length is greater; shall 18 connect at both ends with a swivel; shall weigh less than 1/10th of the 19 dog's weight; shall be free of tangles; and shall restrain the dog to 20 the owner's property. 21 (ii) If the dog is tethered to a pulley, running line, or trolley or 22 cable system, it must be a minimum of fifteen feet long and less than 23 seven feet above the ground. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02548-01-9A. 729 2 1 (c) The dog must not be tethered outdoors when a weather advisory or 2 warning is issued by local, state or federal authorities or when outdoor 3 environmental conditions, including, but not limited to, heat, cold, 4 wind, rain, snow or hail, pose an adverse risk to the health or safety 5 of such dog based on such dog's breed, age or physical condition. 6 (d) The tethered dog is a least six months old. 7 (e) The tethered dog is apparently free of any health condition that 8 would be exacerbated by tethering. 9 (f) If there are multiple dogs, each must be tethered separately. 10 (g) Subject to the provisions of this section and of this article, a 11 dog may be tethered outside for a maximum of three hours or a length of 12 time that is otherwise approved in writing prior thereto by animal 13 control, provided, however, that time shall not exceed twelve hours in 14 any twenty-four hour period and further provided that prior to approving 15 an extension of the three hour maximum tethering limit, animal control 16 must obtain from the custodian of such dog written certification signed 17 by a veterinarian licensed in New York state stating that the health of 18 the dog will not be jeopardized by the extension of the three hour maxi- 19 mum tethering limit. The written veterinary certification and animal 20 control approval required by this paragraph shall be maintained on the 21 premises of the dog's custodian and at animal control and shall be 22 available for inspection by officers authorized to enforce this article. 23 Extensions of the three hour tethering limit shall be effective for no 24 more than sixty days and may be subject to renewal only if the health of 25 the animal has not changed according to another written veterinary 26 certification. 27 (h) In addition to the above requirements, tethered dogs must be free 28 of cruel conditions or inhumane tethering at any time. For purposes of 29 this section, "cruel conditions or inhumane tethering" shall include, 30 but not be limited to, the following: 31 (i) Exposure to animal waste, garbage, noxious odors or objects that 32 could injure or kill a dog. 33 (ii) Exposure to taunting, prodding, provoking, hitting, harassing, 34 threatening or otherwise harming a tethered or confined dog. 35 (iii) Exposing a dog to dangerous conditions, including potential 36 attacks by other animals. 37 (iv) Allowing a dog to become entangled. 38 3. Notwithstanding any provision of this section or any other law to 39 the contrary, no dog shall be tethered outdoors between the hours of 40 eleven p.m. and six a.m. 41 4. (a) A violation of any of the provisions of this section shall, for 42 a first offense, be a class A misdemeanor. 43 (b) For a second and any subsequent offense, a person shall be guilty 44 of a class B misdemeanor. 45 (c) Nothing in this subdivision shall prevent the seizure of a dog for 46 a violation of this section pursuant to the authority granted in this 47 article. 48 5. Tethering a supervised dog for less than fifteen minutes in a 49 public location shall not be a violation of this section. 50 6. Nothing in this section shall be construed to limit or prevent a 51 municipality from enacting or enforcing a local law, rule, regulation or 52 ordinance regarding tethering or chaining of dogs, provided, however, 53 that any such local law, rule, regulation or ordinance shall be no less 54 stringent than the provisions of this section.A. 729 3 1 7. Nothing in this section shall be construed to affect any 2 protections afforded to dogs under any other provisions of this article 3 or other law or regulation. 4 8. The provisions of this section shall not apply to any federal, 5 state, or local law enforcement agency. 6 § 2. This act shall take effect on the thirtieth day after it shall 7 have become a law.