Clinton, New York

§ 90-5 Prohibited acts.

It shall be unlawful for any owner of or any person harboring a dog in the Village of Clinton to fail to control or confine such so that such dog is able to:

I. In controlling or confining a dog, allows it to remain tethered outdoors for longer than a period of two continuous hours at such time as when either 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. (no 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 persons or reasonably should have been known to such person. Actual harm or injury need not be shown to prove a violation of the prohibition in this subsection.

(1) Rebuttable presumptions.

(a) Extreme weather conditions shall be presumed to have been present in the event that a weather alert was in effect for a region reasonably construed and commonly understood to be affecting the region in which the dog was left outdoors and during such time as the dot was left outdoors.

(b) A dog exhibiting signs of frostbite shall be presumed to have been left outdoors for longer than a period of two continuous hours at such time as when the actual air temperatures was lower than 32° F.

(c) A dog exhibiting signs of heatstroke shall be presumed to have been left outdoors for longer than a period of two continuous hours at such time as when the actual air temperatures was greater than 90° F.