N.Y. Agriculture & Markets Law § 353-b: Appropriate shelter for dogs left outdoors

§ 353-b. Appropriate shelter for dogs left outdoors. 1. For purposes

of this section:

(a) "Physical condition" shall include any special medical needs of a

dog due to disease, illness, injury, age or breed about which the owner

or person with custody or control of the dog should reasonably be aware.

(b) "Inclement weather" shall mean weather conditions that are likely

to adversely affect the health or safety of the dog, including but not

limited to rain, sleet, ice, snow, wind, or extreme heat and cold.

(c) "Dogs that are left outdoors" shall mean dogs that are outdoors in

inclement weather without ready access to, or the ability to enter, a

house, apartment building, office building, or any other permanent

structure that complies with the standards enumerated in paragraph (b)

of subdivision three of this section.

2. (a) Any person who owns or has custody or control of a dog that is

left outdoors shall provide it with shelter appropriate to its breed,

physical condition and the climate. Any person who knowingly violates

the provisions of this section shall be guilty of a violation,

punishable by a fine of not less than fifty dollars nor more than one

hundred dollars for a first offense, and a fine of not less than one

hundred dollars nor more than two hundred fifty dollars for a second and

subsequent offenses. Beginning seventy-two hours after a charge of

violating this section, each day that a defendant fails to correct the

deficiencies in the dog shelter for a dog that he or she owns or that is

in his or her custody or control and that is left outdoors, so as to

bring it into compliance with the provisions of this section shall

constitute a separate offense.

(b) The court may, in its discretion, reduce the amount of any fine

imposed for a violation of this section by the amount which the

defendant proves he or she has spent providing a dog shelter or

repairing an existing dog shelter so that it complies with the

requirements of this section. Nothing in this paragraph shall prevent

the seizure of a dog for a violation of this section pursuant to the

authority granted in this article.

3. Minimum standards for determining whether shelter is appropriate to

a dog's breed, physical condition and the climate shall include:

(a) For dogs that are restrained in any manner outdoors, shade by

natural or artificial means to protect the dog from direct sunlight at

all times when exposure to sunlight is likely to threaten the health of

the dog.

(b) For all dogs that are left outdoors in inclement weather, a

housing facility, which must: (1) have a waterproof roof; (2) be

structurally sound with insulation appropriate to local climatic

conditions and sufficient to protect the dog from inclement weather; (3)

be constructed to allow each dog adequate freedom of movement to make

normal postural adjustments, including the ability to stand up, turn

around and lie down with its limbs outstretched; and (4) allow for

effective removal of excretions, other waste material; dirt and trash.

The housing facility and the area immediately surrounding it shall be

regularly cleaned to maintain a healthy and sanitary environment and to

minimize health hazards.

4. Inadequate shelter may be indicated by the appearance of the

housing facility itself, including but not limited to, size, structural

soundness, evidence of crowding within the housing facility, healthful

environment in the area immediately surrounding such facility, or by the

appearance or physical condition of the dog.

5. Upon a finding of any violation of this section, any dog or dogs

seized pursuant to the provisions of this article that have not been

voluntarily surrendered by the owner or custodian or forfeited pursuant

to court order shall be returned to the owner or custodian only upon

proof that appropriate shelter as required by this section is being

provided.

6. Nothing in this section shall be construed to affect any

protections afforded to dogs or other animals under any other provisions

of this article.