§ 353-B — Appropriate shelter for dogs left outdoors

§ 353-b. Appropriate shelter for dogs left outdoors. 1. For purposes\nof this section:\n (a) "Physical condition" shall include any special medical needs of a\ndog due to disease, illness, injury, age or breed about which the owner\nor person with custody or control of the dog should reasonably be aware.\n (b) "Inclement weather" shall mean weather conditions that are likely\nto adversely affect the health or safety of the dog, including but not\nlimited to rain, sleet, ice, snow, wind, or extreme heat and cold.\n (c) "Dogs that are left outdoors" shall mean dogs that are outdoors in\ninclement weather without ready access to, or the ability to enter, a\nhouse, apartment building, office building, or any other permanent\nstructure that complies with the standards enumerated in paragraph (b)\nof subdivision three of this section.\n 2. (a) Any person who owns or has custody or control of a dog that is\nleft outdoors shall provide it with shelter appropriate to its breed,\nphysical condition and the climate. Any person who knowingly violates\nthe provisions of this section shall be guilty of a violation,\npunishable by a fine of not less than fifty dollars nor more than one\nhundred dollars for a first offense, and a fine of not less than one\nhundred dollars nor more than two hundred fifty dollars for a second and\nsubsequent offenses. Beginning seventy-two hours after a charge of\nviolating this section, each day that a defendant fails to correct the\ndeficiencies in the dog shelter for a dog that he or she owns or that is\nin his or her custody or control and that is left outdoors, so as to\nbring it into compliance with the provisions of this section shall\nconstitute a separate offense.\n (b) The court may, in its discretion, reduce the amount of any fine\nimposed for a violation of this section by the amount which the\ndefendant proves he or she has spent providing a dog shelter or\nrepairing an existing dog shelter so that it complies with the\nrequirements of this section. Nothing in this paragraph shall prevent\nthe seizure of a dog for a violation of this section pursuant to the\nauthority granted in this article.\n 3. Minimum standards for determining whether shelter is appropriate to\na dog's breed, physical condition and the climate shall include:\n (a) For dogs that are restrained in any manner outdoors, shade by\nnatural or artificial means to protect the dog from direct sunlight at\nall times when exposure to sunlight is likely to threaten the health of\nthe dog.\n (b) For all dogs that are left outdoors in inclement weather, a\nhousing facility, which must: (1) have a waterproof roof; (2) be\nstructurally sound with insulation appropriate to local climatic\nconditions and sufficient to protect the dog from inclement weather; (3)\nbe constructed to allow each dog adequate freedom of movement to make\nnormal postural adjustments, including the ability to stand up, turn\naround and lie down with its limbs outstretched; and (4) allow for\neffective removal of excretions, other waste material; dirt and trash.\nThe housing facility and the area immediately surrounding it shall be\nregularly cleaned to maintain a healthy and sanitary environment and to\nminimize health hazards.\n 4. Inadequate shelter may be indicated by the appearance of the\nhousing facility itself, including but not limited to, size, structural\nsoundness, evidence of crowding within the housing facility, healthful\nenvironment in the area immediately surrounding such facility, or by the\nappearance or physical condition of the dog.\n 5. Upon a finding of any violation of this section, any dog or dogs\nseized pursuant to the provisions of this article that have not been\nvoluntarily surrendered by the owner or custodian or forfeited pursuant\nto court order shall be returned to the owner or custodian only upon\nproof that appropriate shelter as required by this section is being\nprovided.\n 6. Nothing in this section shall be construed to affect any\nprotections afforded to dogs or other animals under any other provisions\nof this article.\n