Makes the failure to provide appropriate shelter to a dog left outside a misdemeanor.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to making the failure to provide appropriate shelter to a dog left outdoors a misdemeanor
PURPOSE: This bill will increase the penalty for failure to comply the provisions of the Agriculture and Markets Law that require appropriate shelter for dogs left outdoors. Currently a violation, the bill would make such failure to comply a misdemeanor.
SUMMARY OF PROVISIONS:
Section 1 Amends paragraph (a) of subdivision 2 of section 353-b of the agriculture and markets law, making the first violation of the provisions of that section a misdemeanor, and after 72 hours, the continued failure to correct would be an additional misdemeanor.
Section 2 Makes the act effective 30 days after it becomes law.
JUSTIFICATION: The current law lacks sufficient penalty for the failure to provide adequate shelter for dogs left outdoors. The current penalty, a violation, provides for a fine of $50 to $100 for the first offense, and $100 to $250 for the second offense. This bill would increase that to a criminal misdemeanor, providing dogs the protection they need, and law enforcement officials the tools they need to protect dogs that are outside and lacking proper shelter during the inclement weather.
LEGISLATIVE HISTORY: 2014: New bill.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect 30 days after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 6299 IN SENATE January 10, 2014 ___________Introduced by Sen. TKACZYK -- 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 making the failure to provide appropriate shelter to a dog left outdoors a misdemeanor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 2 of section 353-b of the agriculture and markets law, as added by chapter 594 of the laws of 2003, is amended to read as follows: (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, punisha- ble 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 subse- quent offenses]MISDEMEANOR. 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]MISDEMEANOR. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13495-01-4