New NY Law: Outdoor Dogs Must Have Adequate Shelter

by ANC Staff and ASPCA

Reports of dogs left outdoors without adequate shelter, dogs frozen to death in extreme winter temperatures, dogs suffering from dehydration or heatstroke in the scorching heat of summer - are the most frequent complaints received by humane societies and cruelty investigators all across New York State.

Thanks to Governor Pataki’s decision this week to sign Bill A.8679/S.4549-A into law, however, New York’s law enforcement agencies will now have the power to act before a tragedy ensues.

A.8679/S.4549-A will permit the police and humane investigators to intervene before a dog suffers or dies due to lack of adequate shelter.

This bill will require that anyone who owns or has custody of a dog that is left outdoors must provide the dog with shelter appropriate to its breed, physical condition and the climate - meaning shelter adequate to protect the dog from inclement weather.

The bill additionally requires that any dog that is restrained in any manner outdoors must be provided with shade sufficient to protect the dog from sunlight whenever sunlight is likely to cause the injury to the dog.

Violation of the law will entail escalating fines. The court will be permitted to reduce the amount of the fine by an amount the defendant proves he or she has spent in repairing an existing shelter or building a new one that complies with the requirements of the law.

If a dog is seized for a violation of the law, the owner would not be able to reclaim the dog without proof that he or she is providing the dog with adequate shelter in compliance with this provision.

This new law will take effect November 21st, 2003.

© 2003 Animal News Center, Inc.