Enacts "Charlamagne's law" to make the failure to provide food, water or appropriate shelter to a companion animal left outside a felony

Summary of provisions

Section 1: Creates a new provision of the agriculture and markets law, § 353-b which changes the term "dogs" to "companion animals," and establishes that term throughout.

Section 2: Extends the current law regarding penalties for any person who knowingly-violates the provisions of this section from being guilty of a mere violation to a felony. Additionally, the fine of not more that $100 is raised to $5000.00, and imprisonment for not more than two years, or both such fine and imprisonment.

Section 3: (b)Provides in greater detail an explanation of the standards related to the companion animal's housing facilities indicating that they be structurally sound "so as to protect the companion animal from the inclement weather; be appropriate for the companion animal's breed and physical condition, and the climate."

This section also calls for the structure to "have four connected sides and a raised floor; have a door maintained in good repair that is offset and baffled if necessary, to eliminate the entry of drafts and precipitation, and also allow the accumulation of body heat; provided, further, that damaged door flaps shall be replaced."

(c)Calls for enclosures to be set on a solid foundation such as stone or concrete with proper drainage.

(d) Provides that the companion animal be provided with dry bedding and/or solid resting boards so as to conserve its body heat.

Section 5: Connotes completion of any sentence of imprisonment imposed for violation of this section.

Section 6: Adds a new section (§ 353-f) which reads as follows; "Failure to provide proper food and drink to a companion animal. Any person who, having ownership, custody or control of a companion animal, refuses or neglects to supply such animal a sufficient supply of food or water so as to impair the health of the companion animal shall be guilty of a felony, punishable by a fine of not more than five thousand dollars,.or imprisonment for not more than two years, or both such fine and imprisonment."

This section also provides for an effective date of September 1, next succeeding enactment.

Existing law

Current law does not allow for such strict guidelines for those committing these specific crimes against companion animals.

With these strict guidelines, it is expected that additional deterrents will reduce widespread abuses and help foster an environment for greater caretaking of such companion animals.

Justification

Leaving a companion animal outside in the extreme cold to live in a barrel or out in a yard day in and day out is no way to treat man's best friend. The punishment for leaving a dog out in the freezing cold to potentially die should be beyond a mere slap on the wrist, pay your fine and go back to your puppy mill to extract more blood money. It should be criminal. This legislation seeks to modernize this anachronism in our state's animal cruelty laws and ensure we can better protect those who have no voice - our companion animals - from abuse and neglect.

Legislative history

New bill.

Fiscal implications

None, and strict enforcement of penalties and fines may create additional revenues for municipalities.

Effective date

This act shall take effect on the first of September next succeeding the date on which it shall have become law.