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| Pups love snow, but they are not snow-proof! |
This past Tuesday in NYC, weather reports that 12 hours before were merely an annoyance for everyone with an alert function on their phone started to become serious warnings. We were getting another "polar vortex" hit. With temperatures dropping to 9 degrees in New York City (wind chill factor single digits) , and a foot of snow expected to fall, new Mayor Bill DiBlasio exhorted everyone to leave work early and stay indoors for all of tuesday. DiBlasio isn't nearly as good at the Histrionic "we are all going to be encased in a icy lair for all of eternity" stuff as Bloomberg was, but whatever he said was enough to make most of my coworkers leave hours before shifts ended.
Hot damn! A snow day! I have always been a big fan of snow-I like the crunch, the glitter, the romping dogs, that vanilla mint rush in your lungs that makes everything in life seem new, and watching otherwise stable people fall down, so a small part of me was thrilled. The other part of me, though--- the part that has lived in New York for too long, and volunteered in animal welfare too long, was horrified by the thought that somewhere in the city, animals would be outside exposed to the elements due to the cruel neglect of their owners and the collective apathy of a community.
I can think of only a few more excruciating ways to die than being confined in a yard, or on a leash, limbs shaking and then burning in the cold while you can see the family you adore and trust just behind a pane of glass. Leaving your dogs out as "yard dogs", believing that their fur coats or the fact that wolves sleep in the woods (in dens, morons, which is quite different from the sheetrock covered hovel you call a doghouse) means that they need no special provisions is animal cruelty, and you are no less of a reprehensible waste of blood for being ignorant when you do it.
You are also breaking the law.
N.Y. State Agriculture and Markets LAW § 353-b states that "Any person who owns or has custody
or control of a dog that is left outdoors shall provide it with shelter appropriate to its breed, physical
condition and the climate" (see 2), and this includes a waterproof roof and insulation "appropriate to
local climatic conditions and sufficient to protect the dog from inclement weather". The punishment
is fairly laughable--a fine of no less than $50 and no more than $100 dollars, about the same amount hapless European and Asian tourists get fined when they are caught with an open bottle of booze on the street---but the fine goes up for a second offense. In addition, if the dog is in New York City andis tethered (chained up, tied out) the owner is also in violation of another law, Intro 425, which prohibits dogs from being tethered "for longer than three continuous hours in any continuous twelve-hour period." (see 3) . The bill passed the city council in 2011 by a vote of 47 to 1, with the always charming Charles Barron, council member for the 42nd district East Flatbush, Brownsville, and other parts of east new york, as the only negative vote.
So, what does this mean for dogs in New York City? Unfortunately, without you, almost nothing.
Peter Vallone, Jr., the author of Intro 425, admitted in a hearing on the bill that enforcement is mostly "complaint driven", since neither the ASPCA nor the police department (and certainly not the Department of Health, who said in a hearing about the bill that they wanted nothing to do with
enforcement) have the resources to observe a tied up dog long enough to determine neglect. Still, time stamped photos and videos, and witness reports from the public can empower agents greatly, and in the case of "yard dogs" who spend their entire miserable lives tied up outside, the complaints serve as the animal equivalent of a broken taillight for traffic cops--they can use your complaint as an excuse to look for other signs of abuse or neglect:
"ASPCA is doing a great job, but they need more tools to be able to help them to do enforcement. For example, if they get a call about an animal that's tied up for days and days, they can't do anything, unless they see...that animal is physically harmed. And we know what's going to happen, it's going to be physically harmed eventually, but...we want to stop it before it does get physically harmed. So this will give them a tool to enforce the law, and, and keep our animals safe." (see 5)
Former Council member Peter Vallone, Jr., 45th district.
So, the law depends on the diligence and compassion of ordinary citizens to make it anything more than an empty decree. That means---if you don't speak up, no one will discover the dog. So speak up!
Level one- Be a watchdog for your neighborhood! No one is more qualified to look out for a community than its members. So walk around, and make a "hood map" of need and concern. Know of an elderly person who lives alone? Mark them down. A local store with a dog they leave outside to "scare thieves"? Write down the fool's address. A house near you lets their dog out instead of walking
them, and tends to forget? Pin that slacker! That way, when the temperatures drop, you'll be able to do a quick canvass of the highest risk areas and be a santa claus of warmth and justice.
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If you see a dog outside without an insulated doghouse, access to food and water, or tied up on the street for a long time, call 311 and tell them you need police to respond to an animal in danger. If they do not respond in a timely way, call the local police precinct for that area and report it. Do NOT listen to any dispatcher who tells you that they cannot do anything (and you will get that, as dispatchers for 311 are notorious for playing ignorance when they don't feel like working) Write down the numbers for the laws we discussed above, and let them know that the law says they can and should. This requires a bit of tenacity on your part, but I believe in you, and I believe in Patron Silver to make up for whatever bravery you naturally lack. Make sure your phone, if you have one, can take photos with a time stamp. You can also call the ASPCA's Humane Law Enforcement department at (212) 876-7700, ext. 4450, though the department is being restructured and no longer employs field agents.
While waiting for agents to show, use common sense to keep the animal safe. If your neighborhood is like mine and there is a 99 cent store on every corner, a cheap blanket or towels can help. If there is snow on the ground, try to clear a space the dog can get to so the paw pads do not get damaged from frostbite. If the animal looks like it is in dire condition and you can't wait for cops, you can take the advice of my animal goddess rescuer buddy Kylie and walk it to the nearest vet's office,where they will hopefully be decent enough to scan the animal for a microchip and let you call the registered owner.
Level two- Be a watchdog and a correspondent! In addition to watching out for your own, help NY State get progressive, humane practices codified into law. Anti tethering laws do not incur much labor cost to enforce and have very little in the way of organized opposition. There is no "pro tether" lobby I know of to thwart your best efforts. So, why doesn't NY State join Arkansas, North Carolina, Texas, and Georgia and push a bill through? Assemblywoman Linda Rosenthal--one of the most compassionate members of either house-- recently introduced A02798, which "Prohibits tethering, restraining, caging or penning of dogs or animals between the hours of 7 p.m. to 6 a.m". (see 6) It has been referred to the agricultural committee several times, but Assemblyman William Magee, head of that committee, decides whether it will ever be sent to the floor for a vote. You can write to William Magee at this address: 214 Farrier Avenue Oneida, NY 13421 315-361-4125
Next, I will put up some more resources for you hellraisers--a piece on writing letters to legislators (hopefully not filled with the same old tips every advocacy group tells you), an inspirational piece on one of this issue's heroes, and reading lists for those who want to learn more.
Keep the faith!
Citations-
1-http://abclocal.go.com/wabc/story?section=news/local/new_jersey&id=8967030
2-http://codes.lp.findlaw.com/nycode/AGM/26/353-b
3-http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=803587&GUID=3E8009A9-1C1D-42E4-BC58-8FB7048AAC27&Options=ID%7cText%7c&Search=425
4- http://legistar.council.nyc.gov/View.ashx?M=F&ID=1134246&GUID=A7C39513-C543-48B8-8FE6-AC268D3CC30B Kass: we have two concerns about the bill. First, the 25 Department of Health has neither the authority nor the resources to enforce humane and cruelty laws in New York City
5-http://legistar.council.nyc.gov/View.ashx?M=F&ID=1134246&GUID=A7C39513-C543-48B8-8FE6-AC268D3CC30B, page 11
6-http://assembly.state.ny.us/leg/?default_fld=&bn=A02798&term=2013&Summary=Y&Text=Y
Posted by Laurie Daniels at 9:04 PM
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