Specifies what constitutes appropriate shelter for dogs restrained outdoors and maximum and minimum temperature range for exposure

Title of bill

An act to amend the agriculture and markets law, in relation to defining appropriate shelter for dogs restrained outdoors

Purpose of bill

Specifies what constitutes appropriate proper shelter for dogs restrained outdoors and maximum and minimum temperature range for exposure.

Summary of provisions

Subdivisions 3 and 6 of Section 353-b of the Agriculture and Markets, as added by Chapter 594 of the Laws of 2003:

3(a) Adds for the provision of shade;

3(b) Adds: (1A) for the provision of a waterproof roof, (1B) a floor constructed of solid materials, (1C) three enclosed sides, (2) insulation to local climatic conditions, (3) enough room to allow the dog freedom of movement including normal postural adjustments, ability to stand up, turn around and lie down with limbs outstretched, (4) effective removal of excretions and other waste materials and (5) be freely and easily accessible to the dog. 6) Adds that a dog shall not be left outdoors in inclement weather without ready access to indoor shelter.

Justification

A recent nationally-televised ASPCA (American Society for the Prevention of Cruelty to Animals) commercial reminds us that "everyday in America thousands of animals suffer from cruelty and neglect." Animals don't have a voice; they cannot tell anyone that they are being abused or neglected. Owning a pet can bring great joy and comfort as well as additional responsibilities for the owner and the family. Too often, those responsibilities are ignored and, as a result, the legislature is forced to enact laws to protect the health and wellbeing of the family pet before he/she becomes abused and neglected.

In response to the growing outcry regarding the inhumane treatment of outdoor pets, specifically dogs, in 2003 New York State joined with a number of other states in enacting a law requiring owners of outdoor domesticated animals to provide "structurally sound shelters for their pets" (Ch.594 of 2003). Legislators were astonished that a law of this nature had to be enacted as this seemed fundamental to the caretaking of the family pet. Since then, owners who have violated the law have successfully argued that the law's language was too vague and subject to interpretation.

In western NY, Pepie, a 16-year old Husky with arthritis lived outdoors year-round in a 10ft x 3ft x 3.5ft metal cage where he died in January 2009. Being housed 24-hours a day in a metal cage, outdoors, especially during the upstate winters, is simply cruel, but the law's language affirms that the metal cage is "structurally Sound Shelter." This bill amends Chapter 594, clarifying the "vagueness" that continues to plague outdoor animals at risk of cruel and inhumane treatment.

Legislative history

New Bill.

Fiscal impact

None to the State.

Effective date

The act will take effect immediately.