NY Agric & Mkts L § 353-B (2021)
2021 New York Laws AGM - Agriculture and Markets Article 26 - Animals 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.