Buffalo, New York

§ 78-21.5 Prohibited conduct.

A. No person who owns or has custody or control of a dog shall knowingly leave such animal tethered outdoors, or leave them free roaming in an uncovered fenced-in yard or porch, at such time when: (1) the actual air temperature is lower than 32° F. (not accounting for wind chill); (2) the actual air temperature is greater than 90° F. (not accounting for humidity levels); or (3) during such period of time as extreme weather conditions exist, where any such condition in (1), (2), or (3) above is actually known to such person or reasonably should have been known to such person.

B. Any person found guilty of violating § 78-21.5A shall be subject to a fine under § 78-21.7 of this article. Actual harm or injury is not required to determine whether the action of the accused is prohibited for purposes of this section.

C. Any person who knowingly causes a dog to be exposed to extreme weather conditions causing it to suffer heat stroke or, in the case of extreme cold, frostbite is guilty of a misdemeanor punishable by a fine or imprisonment under § 78-21.7 of this article, except where the age, condition, and pedigree of the animal allows it to withstand such temperatures.

D. Any person who uses a restraining device for purposes of tethering a dog which punctures or pinches the neck area of the animal is guilty of an unclassified misdemeanor, punishable by a fine or imprisonment under § 78-21.7 of this article.

E. Any person who knowingly tethers: (1) a pregnant dog; (2) a dog less than five months old; or (3) a dog with a medical condition that would be aggravated by placement on a tether for longer than a period of one hour at such time as when the actual air temperature was lower than 32° F. or greater than 90° F. will be guilty of an unclassified misdemeanor subject to fines under § 78-21.7 of this article.

§ 78-21.7 Penalties for offenses.

A. Penalties shall take effect six months after this article has been ratified. Offenders during this grace period shall be subject to a warning for their first offence.

B. A violation of § 78-21.5 of this article shall constitute an unclassified misdemeanor, subject to a fine of $250 for a first offense, a fine of $500 and/or imprisonment up to 15 days for a second offense, and a fine of $1,000 and/or imprisonment up to 15 days for all subsequent offenses.