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.

Relates to companion pets

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