Essex County, New York

Local Law No. 3 Regulating the Outdoor Restraint of Dogs for the County of Essex

Section 5. Prohibitions.

A. It shall be unlawful for any person, owner, agent or responsible person to tether, leash, fasten, secure, restrain, chain, confine or tie a dog to any stationary object outdoors or cause such dog to be confined in a manner that:

1. Endangers such dog’s health, safety or wellbeing;
2. Restricts such dog’s access to suitable and sufficient food and water;
3. Does not provide such dog with shelter appropriate to its breed, physical condition, size and the climate as defined by Section 353-b of the New York State Agriculture and Markets Law;
4. Unreasonably limits the movement of such dog because it is too short for the dog to move around or for the dog to urinate or defecate in a separate area from the area in which it must eat, drink or lie down;
5. Denies such dog the opportunity to exercise and engage in normal social interactions on a regular

B. Notwithstanding the provisions of Section A of this section:

1. Under no circumstances shall a dog be left tethered to a fixed point while the owner, agent or responsible party is not on the
2. No dog shall be left tethered to a fixed point, attached to an overhead dog run, or trolley system or placed in a dog enclosure unattended on vacant or abandoned
3. No dog shall be tethered or restrained to a fixed point for a period of time in excess of four (4) continuous hours or eight (8) hours cumulative during any twenty-four (24) hour period while its owner, agent or responsible party is physically present on the premises.
4. No dog shall be tethered to an overhead dog run or trolley system or confined in a dog enclosure for a period of time exceeding twelve (12) hours cumulative in a twenty-four (24) hour period with the exception of hunting dogs, sled dogs, and agricultural working dogs. Dogs may be tethered to an overhead dog run or trolley system or confined in a dog enclosure while the owner, agent or responsible party is not present at their residence provided there is compliance with this local law.
5. Notwithstanding all other provisions of this law, the prohibitions contained in Section 5 shall not apply to dogs restrained in accordance with the regulations of any campground or recreational area, provided those regulations are more stringent than the regulations contained in this local law.

C. Specifications for tethering restraints and enclosures

1. A dog shall not be tethered to a fixed point, running line, pulley or trolley system or any other system by means of a choke, chain or pinch collar. Dogs shall be tethered to such system by means of a harness or collar made of nylon, leather or other durable non-metallic material and must be fitted so as not to cause injury to the animal or embed itself in the animal’s neck.
2. All tether systems must be of appropriate configuration to prevent the tether from extending over any object or any ledge that could result in injury or strangulation of the dog, and to prevent the tether from becoming entangled with other objects or animals. All tether systems must be at least 15 feet in length.
3. Any tether, running line or lead line must have sufficient slack to allow a dog to comfortably lie down and perform normal postural movements.
4. Cable or tether shall not exceed more than 10% of the dog’s body weight. No logging chains, tow chains or other lines or devices not intended for the purpose of tethering dogs may be used.
5. Any pulley or trolley system must be at least 15 feet in length, mounted at least seven

(7) feet, but no more than ten (10) feet off the ground, with a swivel on both ends.

6. Dog enclosures, dog runs, fences, pens and other outdoor enclosures, must meet the following restrictions:

a. Any dog confined within a dog enclosure must have an adequate space for exercise based on a dimension of at least 100 square feet per dog, however in the case of dogs 15 lbs. or smaller, an enclosure may be less than 100 square feet per dog provided that it is deemed adequate for exercise and safety by the enforcing officer. The following are excepted from this requirement:

(i)     All veterinary facilities.

(ii)    Duly incorporated SPCAs and Humane Societies.

(iii)   Municipal animal shelters.

(iv)   Commercial professional boarding facilities that temporarily house dogs for a fee.

b. Dog enclosures shall be constructed of chain link or other secure fencing materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure;

c. Dogs however confined must have access to adequate food and must have continuous access to water and continuous access to shelter at all times, and, in addition, as set forth in Section 353 of the NYS Agriculture and Markets Law.

d. Crates and kennels used for the purpose of temporarily confining or transporting hunting dogs, sled dogs or livestock dogs shall be constructed and sized to provide sufficient space to allow each dog to make normal postural and social adjustments with adequate freedom of movement to maintain physical conditioning. Dogs should be able to sit, stand, turn and lie without obstruction. Adequate space for food and water containers must be provided.

Section 6. Extreme Weather Conditions.

No dog shall be left outdoors during extreme weather conditions such as snow or ice

storms, thunderstorms or during extreme cold or heat or during a “weather alert.”

Section 8. Violations and Penalties.

A. Any agent, owner, representative or person in control of a dog who violates this local law shall be guilty of a violation as defined by Section 55.10 of the Penal Law of the State of New York and shall be liable for a a fine of not more than two hundred fifty dollars ($250.00) or imprisonment for not more than fifteen (15) days, or both.

B. For a second offense, the fine may be up to five hundred ($500.00) or imprisonment for not more than fifteen (15) days, or both.

C. For a third subsequent violation, the fine shall be one thousand ($1,000.00) and/or imprisonment for not more than fifteen (15) days, or both, surrender of the dog, if ordered by the court, and costs of the investigation and prosecution. In addition, all third time offenders, subsequent to the enactment of this local law are required to register as animal abusers at such times that an animal abuse registry is lawfully established.

Section 10. Exceptions

A dog tethered in compliance with the requirements of a campground holding shall be exempt from these regulations.

Tethering of a dog for less than fifteen (15) minutes in a public location shall be exempt from this local law.