Sen. Monica Martinez speaks at a news conference last week about legislation she is sponsoring that would increase penalties for those who don’t provide appropriate shelter for their dogs.

Three state lawmakers want to see harsher penalties for those who don’t provide appropriate shelter for their dogs.

Legislation was introduced recently in the state Assembly (A.11276) by Assemblywoman Paula Kay, D-Monticello, as a companion bill to legislation (S.1742) introduced earlier in the session by Sen. Monica Martinez, D-Happauge, with co-sponsorship from Sen. Pam Helming, R-Canandaigua. The legislation would amend the state Agriculture and Markets Law to make the improper sheltering of a dog from a violation to a misdemeanor. Changing the classification makes the offense punishable by up to a year in jail and a fine of between $500 and $1,000. A person is given 72 hours to rectify the inappropriate sheltering of a dog under the proposed New York law. If the condition isn’t fixed after three days the the dog owner could face a new set of charges.

“This initiative supplements the state’s continued commitment to ensuring the safety of animals we co-exist with, demonstrating zero tolerance for animal neglect, abuse or abandonment,” Martinez and Kay wrote in their legislative justification.

Iowa, Vermont, Virginia, and Washington have strengthened laws to require clean, dry, and windproof shelter, particularly for dogs kept outside. Other states, like Kentucky, Nebraska and New Mexico don’t have specific animal shelter laws, instead prosecuting claims of lack of proper shelter under broader animal cruelty statutes. In April, the Alabama Media Group reported on “Beau’s Law,” which establishes standards for the care of dogs confined outdoors. That bill charges first-time violators with a class C misdemeanor with jail time of up to 90 days and a fine of up to $500. Penalties increase for repeated violations, with a third offense listed as a Class A misdemeanor punishable by a fine of up to $6,000 and up to one year in jail. New York’s penalty for a first offense could be more stringent than the recently passed Alabama law.

New York law states that dogs restrained outdoors must have 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. Dogs left outdoors in inclement weather must have a shelter that has a waterproof roof, is be structurally sound with insulation appropriate to local climatic conditions and sufficient to protect the dog from inclement weather, 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 allow the dog to go to the bathroom. 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.

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.

“Like any living being, dogs require adequate shelter for their size,weight, breed and overall health and wellness,” Martinez and Kay wrote in their legislative justification. “While some breeds may be conducive to outdoor living, all dogs require insulation from extreme weather conditions, a hygienic space free from trash or excretions with the ability to move and stretch, fresh water and food. Failure to provide appropriate shelter can jeopardize the health of the dog and inflict unnecessary pain and suffering.”