HB 5355 — AN ACT ESTABLISHING STANDARDS FOR THE ADEQUACY OF DOG SHELTER DURING EXTREME WEATHER CONDITIONS.

General Assembly   RaisedSubstitute Bill No.

5355 February Session, 2018   LCO*_____HB05355ENV___031518____* No.AN ACT ESTABLISHING STANDARDS FOR THE ADEQUACY OF DOG SHELTER DURING EXTREME WEATHER CONDITIONS.

1813   *01813_______ENV* Referred to Committee on ENVIRONMENT   Introduced by:

  (ENV)   AN ACT ESTABLISHING STANDARDS FOR THE ADEQUACY OF DOG SHELTER DURING EXTREME WEATHER CONDITIONS.

[tether] (1) Tether a dog outdoors to a stationary object or to a mobile device, including, but not limited to, a trolley or a pulley, [when] or (2) fail to provide a dog with continuous access to adequate shelter when the dog is located in an area subject to a weather advisory or warning [is]is issued by local, state or federal authorities or when [outdoor]outdoor there are environmental conditions, including, but not limited to, [extreme]extreme heat, cold, direct sunlight, wind, rain, snow or hail, that a person should reasonably know pose an adverse risk to the health or safety of such dog based on such dog's [breed] size, age,age [or]or physical condition, or the thickness of the dog's hair or fur unless tethering or lack of access to adequate shelter is for a duration of not longer than fifteen minutes.

(e) Notwithstanding the provisions of subsection (b) of this section, adequate shelter need not be continuously provided to a dog when a person is in the presence of the dog and exposed to the same adverse environmental conditions as the dogdog. at all times that the dog is exposed to such adverse environmental conditions.

(1) (A) It provides at all times (i)(A) access to water in a sanitary and liquid state, (ii) access to natural or artificial light according to a regular cycle of day and night,(B) (iii) space that enables the dog to readily turn aroundaround, insit a full circle and lie downdown; on the dog's side with limbs outstretched, and (iv) when the dog is in a sitting position in such shelter, the ceiling of such shelter does not touch the top of the head of the dog;

(B)(2) It is constructed and maintained in a manner to minimize the accumulation of any waste, debris, precipitation and other moisture,moisture in and mudaround inside,the surrounding,shelter above and underneathmaximize anythe suchdog's structure;exposure to natural or artificial light according to a regular diurnal light cycle;

(C)(3) It is soundly constructed to prevent the sagging or collapse of any part of the structurestructure; and is maintained in good repair with no exposed sharp points or edges that could injure a dog;

(D)(4) ItIn remainsthe inevent of adverse cold weather environmental conditions, it is an uprightenclosed positionstructure that has a solid roof, a solid floor that is raised off the ground, and insulation, dry bedding and a windbreak at allthe times;entrance that are sufficient to maintain the dog's normal body temperature;

(E)(5) In the event of adverse coldhot weather environmental conditions, it isprovides an enclosed structure that has (i) a solid roof, solid walls with a single opening that is not larger than necessary to allow the dog towith readilysufficient entershade and exitventilation the structure, and a floor that is raised off the ground, and (ii) insulation, dry bedding, and a windbreak at the entrance that are sufficient to keepmaintain the dogdog's dry and maintain a normal body temperature;

and (F)(6) InIt thedoes event of adverse hot weather environmental conditions, including, but not limitedcontain to,a directsupplemental sunlightheating ormechanism hotthat pavement,poses it provides the dog with adequate shade or other cooling, by natural or artificial means, to allow the dog to maintain a normalrisk bodyof temperature.fire.

(2) "Adequate shelter" includes any part of the residence of an owner, or other person with custody or control, of a dog provided such part, and the use thereof, meet the requirements of subdivision (1) of this subsection.

(3) "Adequate shelter" does not include:

(A) A crawl space under a building or a part of a building, including, but not limited to, any area under steps, a deck, or a stoop;

(B) the space under a vehicle;

(C) the inside of a vehicle if the dog is kept in the vehicle in a manner or for a length of time that a person should reasonably know poses an adverse risk to the health or safety of the dog;

or (D) any structure (i) made from pressure-treated wood which contains the chemicals arsenic or chromium, (ii) with a floor that consists of wire or chain-link, that has openings through which a dog's paw can pass, that sags under a dog's weight, or that a person should reasonably know poses a risk of injury to a dog's paws, (iii) that is located outdoors and that is made from cardboard or other materials that are easily degraded by the elements, or (iv) that contains a supplemental heating mechanism that a person should reasonably know poses a risk of fire.

Section 1 October 1, 2018 22-350a StatementENV ofJoint Purpose:Favorable Subst.

To establish certain requirements for what constitutes adequate shelter for a dog during adverse weather conditions.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]