Section 353-B. Appropriate shelter for dogs left outdoors

1. For purposes
  of this section:
    (a) "Physical condition" shall include any special medical needs of  a
  dog  due to disease, illness, injury, age or breed about which the owner
  or person with custody or control of the dog should reasonably be aware.
    (b) "Inclement weather" shall mean weather conditions that are  likely
  to  adversely  affect the health or safety of the dog, including but not
  limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
    (c) "Dogs that are left outdoors" shall mean dogs that are outdoors in
  inclement weather without ready access to, or the ability  to  enter,  a
  house,  apartment  building,  office  building,  or  any other permanent
  structure that complies with the standards enumerated in  paragraph  (b)
  of subdivision three of this section.
    2.  (a) 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. Any person who knowingly violates
  the  provisions  of  this  section  shall  be  guilty  of  a  violation,
  punishable  by  a  fine of not less than fifty dollars nor more than one
  hundred dollars for a first offense, and a fine of  not  less  than  one
  hundred dollars nor more than two hundred fifty dollars for a second and
  subsequent  offenses.  Beginning  seventy-two  hours  after  a charge of
  violating this section, each day that a defendant fails to  correct  the
  deficiencies in the dog shelter for a dog that he or she owns or that is
  in  his  or  her  custody or control and that is left outdoors, so as to
  bring it into compliance with  the  provisions  of  this  section  shall
  constitute a separate offense.
    (b)  The  court  may, in its discretion, reduce the amount of any fine
  imposed for a  violation  of  this  section  by  the  amount  which  the
  defendant  proves  he  or  she  has  spent  providing  a  dog shelter or
  repairing  an  existing  dog  shelter  so  that  it  complies  with  the
  requirements  of  this  section. Nothing in this paragraph shall prevent
  the seizure of a dog for a violation of this  section  pursuant  to  the
  authority granted in this article.
    3. Minimum standards for determining whether shelter is appropriate to
  a dog's breed, physical condition and the climate shall include:
    (a)  For  dogs  that  are  restrained in any manner outdoors, shade by
  natural or artificial means to protect the dog from direct  sunlight  at
  all  times when exposure to sunlight is likely to threaten the health of
  the dog.
    (b) For all dogs that  are  left  outdoors  in  inclement  weather,  a
  housing  facility,  which  must:  (1)  have  a  waterproof  roof; (2) be
  structurally  sound  with  insulation  appropriate  to  local   climatic
  conditions and sufficient to protect the dog from inclement weather; (3)
  be  constructed  to  allow each dog adequate freedom of movement to make
  normal postural adjustments, including the ability  to  stand  up,  turn
  around  and  lie  down  with  its  limbs outstretched; and (4) allow for
  effective removal of excretions, other waste material; dirt  and  trash.
  The  housing  facility  and the area immediately surrounding it shall be
  regularly cleaned to maintain a healthy and sanitary environment and  to
  minimize health hazards.
    4.  Inadequate  shelter  may  be  indicated  by  the appearance of the
  housing facility itself, including but not limited to, size,  structural
  soundness,  evidence  of crowding within the housing facility, healthful
  environment in the area immediately surrounding such facility, or by the
  appearance or physical condition of the dog.
    5. Upon a finding of any violation of this section, any  dog  or  dogs
  seized  pursuant  to  the  provisions of this article that have not been
  voluntarily surrendered by the owner or custodian or forfeited  pursuant

  to  court  order  shall  be returned to the owner or custodian only upon
  proof that appropriate shelter as required  by  this  section  is  being
  provided.
    6.   Nothing  in  this  section  shall  be  construed  to  affect  any
  protections afforded to dogs or other animals under any other provisions
  of this article.