Bill Text: NY S01403 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides greater protection for companion pets left outdoors; expands "companion animal" or "pet" to include rabbits, hamsters and birds; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO AGRICULTURE [S01403 Detail]

Download: New_York-2017-S01403-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1403
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to  provid-
          ing greater protection for companion pets left outdoors
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 3 and 5 of section 350 of the agriculture  and
     2  markets  law,  subdivision 3 as added by chapter 619 of the laws of 1987
     3  and subdivision 5 as amended by chapter 118 of the  laws  of  1999,  are
     4  amended to read as follows:
     5    3.  "Adoption" means the delivery to any natural person eighteen years
     6  of age or older, for the limited purpose of harboring a [pet, of any dog
     7  or cat] companion animal, seized or surrendered.
     8    5. "Companion animal" or "pet" means any dog or cat, [and  shall  also
     9  mean]  rabbit,  hamster,  bird or any other domesticated animal normally
    10  maintained in or near the household of the owner or person who cares for
    11  such other domesticated animal. "Pet" or "companion  animal"  shall  not
    12  include a "farm animal" as defined in this section.
    13    §  2.  The  opening  paragraph  of  section 353 of the agriculture and
    14  markets law, as amended by chapter 523 of the laws of 2005,  is  amended
    15  to read as follows:
    16    A  person  who  overdrives,  overloads,  tortures  or cruelly beats or
    17  unjustifiably injures, maims, mutilates or  kills  any  animal,  whether
    18  wild  or  tame,  and  whether  belonging  to  himself  or to another, or
    19  deprives any animal of necessary sustenance, food [or], drink,  adequate
    20  care,  shelter  or  reasonable veterinary care or neglects or refuses to
    21  furnish [it] the animal such sustenance [or] , food, drink, or  adequate
    22  care,  shelter  or  reasonable  veterinary  care  or causes, procures or
    23  permits any animal to be overdriven, overloaded, tortured, cruelly beat-
    24  en, or unjustifiably injured, maimed, mutilated  or  killed,  or  to  be
    25  deprived  of  necessary  food  [or],  drink,  adequate  care, shelter or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01261-01-7
        S. 1403                             2
     1  reasonable veterinary care or who wilfully  sets  on  foot,  instigates,
     2  engages  in, or in any way furthers any act of cruelty to any animal, or
     3  any act tending to produce such cruelty, is guilty of a class  A  misde-
     4  meanor  and  for purposes of paragraph (b) of subdivision one of section
     5  160.10 of the criminal procedure law, shall be treated as a  misdemeanor
     6  defined in the penal law.
     7    §  3.  Subdivisions  1  and  3 of section 353-a of the agriculture and
     8  markets law, as added by chapter 118 of the laws of 1999, are amended to
     9  read as follows:
    10    1. A person is guilty of aggravated cruelty to animals when,  with  no
    11  justifiable  purpose,  he  or  she intentionally or maliciously kills or
    12  intentionally or  maliciously  causes  serious  physical  injury  to  [a
    13  companion animal with aggravated cruelty.  For purposes of this section,
    14  "aggravated cruelty" shall mean conduct which:  (i) is intended to cause
    15  extreme  physical  pain; or (ii) is done or carried out in an especially
    16  depraved or sadistic manner] an animal.
    17    3. Aggravated cruelty to animals is a felony. A defendant convicted of
    18  this offense shall be sentenced pursuant to paragraph (b) of subdivision
    19  one of section 55.10 of the penal law [provided, however, that any  term
    20  of  imprisonment  imposed for violation of this section shall be a defi-
    21  nite sentence, which may not exceed two years].
    22    § 4. Section 353-b of the agriculture and markets  law,  as  added  by
    23  chapter 594 of the laws of 2003, is amended to read as follows:
    24    § 353-b. Appropriate shelter for dogs [left outdoors] or other compan-
    25  ion animals.  1. For purposes of this section:
    26    (a)  "Physical condition" shall include any special medical needs of a
    27  dog or other companion animal due to disease, illness,  injury,  age  or
    28  breed about which the owner or person with custody or control of the dog
    29  or other companion animal should reasonably be aware.
    30    (b) ["Inclement weather" shall mean weather conditions that are likely
    31  to  adversely  affect the health or safety of the dog, including but not
    32  limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
    33    (c)] "Dogs or other companion animals that are  left  outdoors"  shall
    34  mean  dogs  or  other  companion animals that are outdoors [in inclement
    35  weather] for more than an hour, without ready access to, or the  ability
    36  to  enter,  a  house,  apartment building, office building, or any other
    37  permanent structure that complies with the standards enumerated in para-
    38  graph (b) of subdivision three of this section.
    39    2. (a) Any person who owns or has custody or control of a dog or other
    40  companion animal that is left outdoors shall  provide  [it]  the  animal
    41  with  shelter  that  is  appropriate  [to its] or necessary based on the
    42  animal's breed, physical condition and the  climate  or  weather.    Any
    43  person  who  knowingly  violates the provisions of this section shall be
    44  guilty of a violation, punishable by a  fine  of  not  less  than  fifty
    45  dollars  nor  more  than  one hundred dollars for a first offense, and a
    46  fine of not less than [one] two  hundred  dollars  nor  more  than  [two
    47  hundred  fifty]  three  hundred  dollars  for  a  second  and subsequent
    48  offenses; unless the violation is  charged  pursuant  to  section  three
    49  hundred fifty-three or section three hundred fifty-three-a of this arti-
    50  cle.    [Beginning  seventy-two  hours  after a charge of violating this
    51  section, each day that a defendant fails to correct the deficiencies  in
    52  the  dog  shelter for a dog that he or she owns or that is in his or her
    53  custody or control and that is left outdoors, so as  to  bring  it  into
    54  compliance  with the provisions of this section shall constitute a sepa-
    55  rate offense.]
        S. 1403                             3
     1    (b) The court may, in its discretion, reduce the amount  of  any  fine
     2  imposed  for a violation of this section by the amount which the defend-
     3  ant proves he or she has spent providing a dog or other companion animal
     4  proper shelter or  repairing  an  existing  [dog]  shelter  so  that  it
     5  complies  with  the  requirements of this section. Nothing in this para-
     6  graph shall prevent the seizure of a dog or other companion animal for a
     7  violation of this section [pursuant to the  authority  granted  in  this
     8  article].
     9    3. Minimum standards for determining whether shelter is appropriate to
    10  a  dog's  or  other companion animal's breed, physical condition and the
    11  climate shall include:
    12    (a) For dogs or other companion animals  that  are  [restrained]  left
    13  outdoors  in any manner [outdoors], shade by natural or artificial means
    14  to protect the [dog] animal from direct sunlight at all times when expo-
    15  sure to sunlight is likely to threaten the health of the [dog] animal.
    16    (b) For all [dogs] animals that are left outdoors [in inclement weath-
    17  er], a housing facility, which must: (1) have a waterproof roof; (2)  be
    18  structurally  sound with insulation appropriate to local climatic condi-
    19  tions and sufficient to protect the dog or other companion  animal  from
    20  inclement  weather;  (3)  be  constructed  to  allow  each  [dog] animal
    21  adequate freedom  of  movement  to  make  normal  postural  adjustments,
    22  including  the  ability to stand up, turn around and lie down with [its]
    23  the animal's limbs outstretched; and (4) allow for effective removal  of
    24  excretions,  other  waste material; dirt and trash. The housing facility
    25  and the area immediately surrounding it shall be  regularly  cleaned  to
    26  maintain  a  healthy  and  sanitary  environment  and to minimize health
    27  hazards.
    28    4. Inadequate shelter may be indicated by the appearance of the  hous-
    29  ing  facility  itself,  including  but  not limited to, size, structural
    30  soundness, evidence of crowding within the housing  facility,  healthful
    31  environment in the area immediately surrounding such facility, or by the
    32  appearance or physical condition of the dog or other companion animal.
    33    4-a. There shall be a presumption that a dog or other companion animal
    34  left  outside  for  more  than one hour, and, under the following condi-
    35  tions, will be a violation of this subdivision or a violation of section
    36  three hundred fifty-three or section three hundred fifty-three-a of this
    37  article:
    38    (a) a weather warning issued by the federal, state or  local  authori-
    39  ties is in effect; or
    40    (b)  in extreme heat or cold that a reasonable person should know such
    41  temperature or weather condition poses a risk to the animal; or if other
    42  outdoor environmental conditions, including, but not limited  to,  wind,
    43  rain,  snow,  ice,  sleet,  hail,  pose  a  reasonable risk based on the
    44  animal's size, age, physical condition, or breed and taking into account
    45  the shelter provided for the animal or when the outdoor  temperature  is
    46  below twenty degrees or above ninety degrees fahrenheit.
    47    5.  Upon  a  finding  of any violation of this section or with pending
    48  charges pursuant to section three hundred fifty-three or  section  three
    49  hundred  fifty-three-a of this article, any [dog or dogs] animals seized
    50  pursuant to the provisions of this article that have not been  voluntar-
    51  ily surrendered by the owner or custodian or forfeited pursuant to court
    52  order  shall  not be returned to the owner or custodian [only] until any
    53  criminal charges are concluded and disposition of the animal or  animals
    54  have been determined by the court. If the charges have been dismissed or
    55  a  defendant  is  found not guilty by a court of competent jurisdiction,
    56  the animal or animals may be returned to the owner if so ordered by  the
        S. 1403                             4
     1  court  and  upon  proof  that  appropriate  shelter  as required by this
     2  section [is being] has been provided.
     3    6.   Nothing  in  this  section  shall  be  construed  to  affect  any
     4  protections afforded to dogs or other animals under any other provisions
     5  of this article or in any way to supersede or preclude charges  pursuant
     6  to  section  three  hundred  fifty-three or section three hundred fifty-
     7  three-a of this article.
     8    7. Nothing in this section shall prevent an immediate seizure of a dog
     9  or other animal in a dangerous situation due to weather  conditions,  or
    10  the  condition  of  the  animal  or  immediate risk to the animal, or to
    11  preclude animals being seized as evidence pursuant to any  charge  filed
    12  for  a  violation  of section three hundred fifty-three or section three
    13  hundred fifty-three-a of this article.
    14    § 5. This act shall take effect on the one hundred twentieth day after
    15  it shall have become a law; provided, however, that effective immediate-
    16  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    17  necessary  for  the  implementation of this act on its effective date is
    18  authorized and directed to be made  and  completed  on  or  before  such
    19  effective date.