__________________________________________Ask the DA
 

There is a yard on our block with several dogs that are left outside most of the day, and I am concerned about them in cold weather. Can anything be done to help them?

 

New York’s Agriculture and Markets Law Section 353-b requires that dogs left outdoors be provided with shelter appropriate to their breed, physical condition and the climate. Violations of this law are punishable by a fine of up to $100 for a first offense, with increased fines for future offenses.

 

To determine whether this law is being violated, several factors must be considered. First, what are the breeds of the dogs? Large, thick-furred breeds might be very happy outside in midwinter, but shorthaired or small breeds could chill quickly.

 

Second, the health and age of the dogs are additional considerations. An ill or injured dog might worsen in bad weather. Similarly, very young or very old pets, regardless of breed, might be more susceptible to the effects of extreme weather.

 

Third, the shelter must be appropriate for the climate. Since inclement weather can involve extremes of temperature as well as rain, sleet, ice, snow or wind, the shelter must be suitable for the particular conditions. For instance, shade, along with fresh water, would be necessary on a hot summer day. The shelter must be structurally sound, with a waterproof roof and insulation sufficient to protect the dog from the weather. The housing and surrounding area must also allow the dog to stand, stretch, turn around and lie down comfortably. Waste, dirt and trash must be removed to maintain a healthy and sanitary environment.

 

Both the ASPCA and the New York City Police Department make arrests for animal neglect, fighting and cruelty, and my office prosecutes these offenses. To report animal cruelty or neglect, you can call the ASPCA at 212-876-7700, extension 4450, or E-mail them at humanel@aspca.org, or call 911.

 
 

For additional information visit www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.

 
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