Bill S1239-2011

Provides that no dog shall be restrained by a tethering device attached to a fixed point or to a running cable trolley system for more than six hours per day

Provides that no dog shall be restrained by a tethering device attached to a fixed point or to a running cable trolley system for more than six hours per day.

Details

Actions

  • Jan 4, 2012: REFERRED TO AGRICULTURE
  • Jan 6, 2011: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S1239              REVISED 03/16/11

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the tethering of dogs

PURPOSE: To prohibit the tethering and chaining of dogs for a period of greater than six hours in a twenty-four hour period.

SUMMARY OF PROVISIONS: Section 1 -- Adds a new section 353-c to the Agriculture and Markets Law to prohibit dogs from being tethered for more than six hours in any twenty-four hour period. Anyone violating this provision will be subject to a fine of $50-$100 for a first offense and $100-$250 for a second or subsequent offense.

Section 2 -- Effective date.

JUSTIFICATION: Across the country, there is a greater recognition of the negative physical and psychological effects that the chaining of dogs has on our canine friends. In the past, studies have shown that dogs who are chained up for long periods of time are not properly socialized and have a tendency to be more aggressive.

In one study, it was found that chained dogs account for a substantial portion of serious and fatal bites. Each year, dog bites result in over $100 million in medical costs with another $1 billion in liability claims. Further, the New York City Council passed a law in January 2011 that prohibited an individual from tying up a dog for more than three consecutive hours in a twelve hour period. As this is a recognizable issue, there is a great need for New York state to implement policy and fines for tethering and chaining a dog.

We should be doing everything we can to decrease the number of aggressive, non-socialized dogs. The results will be fewer dog bites, healthier children (as they are most often the ones bitten), and a substantial decrease in the insurance claims related to dogs. Once again, a large part of that is ensuring that our dogs are not unduly and unnecessarily chained for long periods of time thus providing them with the exercise and social outlet that they want and need.

LEGISLATIVE HISTORY: 2010: S.7147 - Motion to consider bill by Agriculture Committee was defeated

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1239 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________
Introduced by Sens. ADDABBO, OPPENHEIMER, PERALTA -- 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 the tethering of dogs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new section 353-e to read as follows: S 353-E. TETHERING OF DOGS. 1. FOR PURPOSES OF THIS SECTION: (A) "TETHERING DEVICE" SHALL MEAN A CHAIN, ROPE OR OTHER RESTRAINING DEVICE WHICH ATTACHES TO A DOG. (B) "RUNNING CABLE TROLLEY SYSTEM" SHALL MEAN A SUSPENDED CABLE, AT LEAST TEN FEET IN LENGTH, TO WHICH A TETHERING DEVICE, AT LEAST TEN FEET IN LENGTH, IS ATTACHED BY MEANS OF A PULLEY, LOOP OR OTHER MOVEABLE DEVICE. 2. ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG SHALL NOT RESTRAIN SUCH DOG BY MEANS OF A TETHERING DEVICE ATTACHED TO A FIXED POINT OR BY MEANS OF A RUNNING CABLE TROLLEY SYSTEM FOR A PERIOD OF MORE THAN SIX HOURS IN ANY TWENTY-FOUR HOUR PERIOD. ANY TETHERING DEVICE ATTACHED TO A FIXED POINT SHALL BE AT LEAST FIFTEEN FEET IN LENGTH. ANY TETHERING DEVICE SHALL BE ATTACHED TO SUCH DOG IN SUCH A MANNER AS TO PREVENT INJURY OR STRANGULATION TO SUCH DOG AND ENTANGLEMENT WITH OTHER OBJECTS. NO TETHERING DEVICE SHALL BE ATTACHED TO SUCH DOG BY MEANS OF A CHOKE-TYPE COLLAR OR A PRONG COLLAR, OR BY ANY MEANS OTHER THAN BY ATTACHMENT TO A PROPERLY FITTED COLLAR, HARNESS OR OTHER DEVICE MADE EXPRESSLY FOR SUCH PURPOSE. 3. (A) 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 EACH SECOND OR SUBSEQUENT OFFENSES. BEGIN- NING SEVENTY-TWO HOURS AFTER A CHARGE OF VIOLATING THIS SECTION, EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN THE METHOD USED TO RESTRAIN A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER CUSTODY OR CONTROL, 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 DEFEND- ANT PROVES HE OR SHE HAS SPENT PROVIDING A TETHERING DEVICE OR RUNNING CABLE TROLLEY SYSTEM THAT 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. 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS OF THIS ARTICLE. S 2. This act shall take effect on the sixtieth day after it shall have become a law.

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