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State Legislation

NEW YORK
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Posted July 2008

S8546 - AN ACT to amend the agriculture and markets law and the general business law, in relation to the care of animals by pet dealers and the sale of dogs Status: Senate Rules committee


Argyle - Town Board a proposed town dog control law was proposed to the board. The law states that all dogs must be restrained by a leash or be under the full control of the owner whenever on public property. Also addressed in the law are other forms of harassment including barking dogs, chasing and property desecration. The law also states that dogs 4 months of age or older must wear a valid dog license and rabies tags while off the owner's property, whether or not they are restrained by a leash. A violation of the law would result in a $25 fine for a first offense, a $50 fine for a second offense and a $250 fine for a third offense or a term of imprisonment not to exceed five days. The law will take effect 20 days after being adopted


Ellicott - Residents in Ellicott will be better protected from unruly and dangerous dogs after town board members adopted a somewhat controversial ordinance Monday toughening the town's restrictions on dog owners.


Posted June 2008

A11509 - AN ACT to amend the agriculture and markets law and the general business law, in relation to the care of animals by pet dealers and the sale of dogs Status: withdrawn by author 06/16/2008 http://assembly.state.ny.us/leg/?bn=A11509&sh=t

S6427/A9345 - AN ACT to amend the agriculture and markets law, in relation to companion animal hoarding
Status: REFERRED TO AGRICULTURE 01/09/2008 No further action to date 6/19/08
http://assembly.state.ny.us/leg/?bn=S06427&sh=t

S8546 - a companion to A11509, (which was removed from consideration after the strong expression of opposition from concerned dog breeders and owners). S8546, would change the state's "pet dealer" laws by:



* Changing the definition of "pet dealer" to include anyone who engages in the sale or offering for sale of animals for profit to the public and keeps on their premises more than four intact female dogs six months of age or older for the purpose of breeding. (This is in addition to the already existing "pet dealer" classification threshold of those who engage in the sale or offering for sale of more than nine animals per year for profit to the public.)


* Removing the existing "hobby breeder" exception, which currently provides that a breeder who sells directly to the consumer fewer than 25 animals per year born and raised on the breeder's residential premises shall not be considered a pet dealer.


* Imposing record-keeping requirements.


* Mandating that all pet dealers allow their veterinarians to release the health information of their dogs to the Commissioner of Agriculture.


* Removing the existing lower-cost "hobby breeder" license fee.
* Adjusting the pet dealing license fee costs to a graduated systembased on previous year's sales. Status: 6/16/08 - referred to Rules
http://assembly.state.ny.us/leg/?bn=S08546

Naples - The Town Board will seek more input before adopting an amendment to a municipal law that would make it easier to cite owners of barking dogs. For months, residents have asked the town to do something about the noise from barking dogs on two properties in Italy Valley and Lanning roads. Because the town doesn’t have its own police force, Supervisor Frank Duserick asked the Ontario County Sheriff’s Office for assistance in enforcing an existing local law that prohibits continuous barking and howling. The sheriff’s office checked with the county attorney, who responded that the Naples law is unenforceable as currently written. To address this problem, Town Attorney Ed Brockman presented the board with several proposed amendments. The revisions would allow any officer with jurisdiction in Naples to enforce the law. Action could be taken in the case of any dogs that are howling or barking in such a manner to disturb the peace. The language in the proposed amendment is modeled after a disorderly-conduct law in state penal code, intended to apply to humans, which has previously been upheld by the Court of Appeals. The board had planned to adopt the amended law at its June 9 meeting. However, the town had also asked the county attorney to review the revisions. So far, it has not heard back. The board will next meet on Monday, July 14.
http://www.mpnnow.com/news/x2113783243/Another-month-to-wait-on-Naples-dog-law



Western - (6/3/08) - Due to the declining number of dogs being licensed, the town will consider conducting a dog enumeration or count. Under state Agriculture Laws, any dog owned or harbored in the state for longer than 30 days must be licensed. Even if a dog does not leave the owner’s property, it still needs to be licensed under the law. If a dog is lost without a license tag, it may be picked up and turned over to the local humane society. However, if a dog is lost with a tag, it can be reunited with its owner. There are penalties under the law for owners of unlicensed dogs when a dog count is conducted. http://www.romesentinel.com/news?newsid=20080602-141257


Posted April 2008

Plymouth - City Commission is expected to discuss options for an updated vicious dog ordinance to ease the fears of residents. Two petitions were given to the commissioners.. The first petition calls for a ban on pit bulls, fighting and dangerous animals within the city limits. Second petition calling for pit bulls and/or other types of breeds for fighting be spayed or neutered, contained within a six-foot secured privacy fence and to be leashed when in public UPDATE: City commissioners approved Monday night (3/17) the first reading of a revised dog ordinance that focuses on “dangerous dogs” instead of specific dog breeds. Under the ordinance revisions approved by commissioners, any owner of a dog within city limits against which a sworn complaint has been filed alleging serious injury or death to a person or other animal can be summoned to a district court or other municipal court to show cause why the animal should not be destroyed. If the dog is found to be a danger, the judge or magistrate can order the destruction of the animal at the owner’s expense. If the dog is found to be a danger but has not injured or killed another entity, the court will notify the county animal control authority of its findings as well as ordering the owner to purchase liability insurance for the animal and sterilization. Other provisions in the ordinance focus on licensing, yard cleanliness and kennel requirements. Marzano said the language in the ordinance is consistent with Michigan Compiled Law code for animals. The definition of a dangerous dog is one who bites and attacks along with causing serious injury or killing.


Posted March 2008

A9688 - AN ACT to amend the agriculture and markets law, in relation to the confinement of companion animals in vehicles in extreme temperatures. Section 1. The agriculture and markets law is amended by adding a new section 353-d to read as follows: S 353-D. CONFINEMENT OF COMPANION ANIMALS IN VEHICLES: EXTREME TEMPERATURES. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM SUCH EXTREME TEMPERATURES WHERE SUCH CONFINEMENT PLACES THE COMPANION ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL INJURY DUE TO EXPOSURE TO SUCH EXTREME HEAT OR COLD, etc.

Auburn - proposed ordinance that would give the city of Auburn more control over its residents' dogs will see some changes before the city council can vote on it. Regulations regarding specific to the breed of a dog will likely be eliminated from the ordinance. Some of its provisions will also been rewritten to conform with the state laws that regulate how dogs are allowed to be treated. The ordinance addresses issues such as barking and noise, limits the number and size of dogs some residents can own, and requires constraints such as cages, fences and even muzzles for dogs considered to be violent. It was drafted in response to complaints relating to aggressive dogs and attacks on pets within the city. The proposed ordinance would also allow the city to issue citations to residents whose dogs engage in unreasonable howling, barking or other noise. PASSED 3/13/08 UPDATE: The city council voted Thursday during the weekly meeting to adopt a new policy to regulate how residents can keep and care for their dogs.The amended ordinance has a number of key differences from the original proposal but does not include specific regulations for pit bulls or doberman pinschers and officials removed a section that would have made it illegal to leave a dog outdoors without supervision, even in a fenced location. However, the new provisions still have some teeth.

Woodstock - proposal to register our dogs (aside from the dog licenses we all have) and get guest tags every time we walk our dogs. We will also need permits to park in the parking lot. Non-dog owners won't need any special permits. There are 3 members of the local DOG group who will be assigned the task of handing out permits. The propoal includes licenses and tags to all Woodstock dogs upon the recipients' signed acknowledgment to comply with our local laws, which include cleaning up after his or her dog on public lands, highways, byways, or sidewalks, keeping dogs leashed when on public property; and keeping dogs off the soccer field in all seasons. to post explicit signage at the Comeauproperty, limiting canine use to only those dogs bearing Woodstock DOG registration tags and to accommodate visitor dogs from beyond Woodstock by issuing six guest tags to be held at dispatch, available on a single day use and signed for by a Woodstock DOG member who agrees to accept responsibility for both the tag and the behavior of the visiting dog.

A00519 Allows the release of any dog or cat to another pound, shelter, society for the prevention of cruelty to animals or duly incorporated humane society in certain cases.

A01677 Requires the micro-chipping of all dogs and cats excluding feral cats and temporarily kept dogs; and creates a state registry to maintain contact information.

A01691 / A09345 / S06427 Relates to companion animal hoarding.

A01741 / S00865 Authorizes district attorney to petition for posting of security when animal is impounded as result of abuse.

A01990 / S01282 Prohibits the confinement of companion animals in vehicles in extreme temperatures.

A02260 Relates to regulating boarding kennels for dogs and cats.

A02509 Allows veterinarians to adopt out abandoned animals as long as proper notice is provided to the owner of the animal.

A02517 Relates to attacks on service dogs.

A02610 / S03526 Establishes a tort cause of action for the wrongful injury or death of a companion animal.

A02611 / S01330 Excludes certain animals from the definition of "wildlife".

A02657 / S01439 Imposes civil liability of owners for persons bitten by the dog of another while in a public place or while lawfully in a private place.

A04455 / S03856 Prohibits insurers from cancelling a homeowner`s liability insurance based on the ownership of a specific breed of dog.

A05751 Increases the penalties for attacks by dangerous dogs, raising fines and terms of imprisonment and defining felonies.

A06276 Bans dangerous dogs from dwellings where children under 12 years reside; provides penalties including fines/jail time for multiple violations within 5 years.

A06553 / S02052 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.

A07355 Clarifies that guide dogs, hearing dogs, and service dogs are allowed in public places during their training and socialization process.

A07766 Makes it unlawful to conduct excessive breeding of dogs in an uncontrolled manner and location so as to be in a cruel and inhuman manner.

A07869 / S05377 Adds the raccoon dog to domesticated dogs and cats in banning the use or sale of such animal`s fur or flesh.

A08032 Relates to animal control and licensing of animals; makes various amendments to dog licensing laws in N.Y. city; repealer.

A08502 / S05608 Provides that pet dealers or other persons shall not sell dogs purchased or received from a puppy farm.

A09439 Makes various provisions relating to cruelty to animals.

A09612 Relates to sale of dogs and cats by animal facilities under inhumane conditions.

S00723 Provides strict liability for medical costs resulting from a dog bite or bites; exemptions allowed for police work dogs, hearing dogs and service dogs.

S05510 Relates to the rights of persons qualified to train dogs to aid and guide persons with a disability.

Wheatfield - Niagara County - a mounting campaign to address recent attacks by dogs have raised concerns that tougher restrictions are needed to keep the animals on a tighter leash or even on a leash at all. Dogs that have the reputation of being used as urban fight dogs or tools in the illegal drug trade are the ones that worry parents and dog owners the most. Pit bulls and Rottweilers were the breeds most residents mentioned when interviewed about dog control. No proposals as of yet but some residents are pushing for changes in the animal control ordinance The Town Board has scheduled a public hearing at 7 p.m. Feb. 11 at the community center, where residents can provide input on whether there should be a limit on the number of dogs a resident may own, among other aspects of the town ordinance.