staten island advance.

dogs can now come in from the cold.
under new state law, owners face fines, loss of their pooches if they are not protected from bad weather.
9.24.2003

Pet owners who leave their dogs out in the cold might soon find themselves legally in the doghouse.

Gov. George Pataki has signed into law a bill that mandates that owners provide enough shelter to protect their dogs from bad weather, or face fines and possible confiscation of their pets.

"No dog should die frozen to the ground, from extreme heat or dehydration simply because there is no shelter from the elements," said Stacy Wolf, director of the American Society for the Prevention Cruelty to Animals (ASPCA) New York State Government Affairs and Public Policy department.

Cases of inadequate shelter, like those of cruelty, will operate mostly on a complaint-driven basis, she said. So if you leave Fido out in the rain and somebody sees him, the animal patrol might knock on your door.

The ASPCA spearheaded the bill in response to an overwhelming number of complaints it receives about dogs who are left to fend for themselves in precipitation and extreme temperatures.

Until now, the law stipulated that until the case becomes an act of cruelty - in which the animal suffers an injury or death - no action could be taken against the owner.

The new law, which takes effect on Nov. 21, requires that the shelter is appropriate to each dog's breed, size, age, medical condition and the climate in which they live.

The dog must have enough space to make normal movements in a clean, dry and warm environment.

Pamela Schuech, manager of the Animal Hospital of Staten Island, called the new law "fabulous." She said exposure to extreme elements not only adversely affects a dog's immediate health, but also lowers its resistance to disease and endangers its overall well-being.

Much like pre-existing animal cruelty laws, the new regulation states that an investigator must show reasonable cause to issue a violation. A judge must issue a warrant for a property inspection to be performed or for a dog to be seized. If an officer believes the animal is in imminent danger from the elements, the warrant may be waived.

Once a dog is seized, it will not be returned until the owner has shown that he has provided the appropriate shelter.

Violations of the new ruling call for a $50 to $100 fine for first-time offenders and a $100 to $250 penalty for repeats. The court may reduce the fine according to the amount of money the owner has put into improvements on the dog's sanctuary.

"One of the things that's very good about this law is that it's very practical," Ms. Wolf said. "The purpose is to educate people about what they need to do for dogs so that they don't suffer."

According to the Web site Ani-Med (www.ani-med.org), the best housing for dogs is one that simulates a nest or den. It recommends confining the dog to such a crate no more than one hour for every month of his age.

Dogs that spend long periods of time outdoors should have a roof, fresh water, food and often-washed, moisture-resistant bedding.