The Binghamton City Council has adopted an ordinance prohibiting dog owners from leaving their pets outside for more than two continuous hours when temperatures fall below 32 degrees or rise above 90 degrees.
Penalties for dog owners in this Upstate New York city may include imprisonment, a fine, or both.
The ordinance also applies during extreme weather conditions such as rain, sleet, ice, snow or wind. The restriction takes effect when such conditions are actually known to the owner or reasonably should have been known.
The measure, known as the City of Binghamton Dog Protection Ordinance, states that actual harm or injury need not be shown to prove a violation. The ordinance applies to anyone who owns or has custody or control of a dog.
The ordinance will be enforced by Binghamton Animal Control Officers, Binghamton Police Officers, the Broome County Sheriff’s Office and other designated law enforcement personnel. Violations are classified as offenses under New York State Penal Law, with each calendar day constituting a separate offense.
Penalties upon conviction may include imprisonment for up to 15 days, a fine of up to $250, or both. Courts may also order dogs to be surrendered or forfeited. Civil penalties are $150 for a first offense, $250 for a second offense and $500 for each additional offense.
Under the ordinance, extreme weather conditions are presumed present when a National Weather Service alert is in effect for the region, including blizzard warnings, severe thunderstorm watches or warnings, tornado watches or warnings, or winter storm watches or warnings. Dogs exhibiting signs of frostbite are presumed to have been left outdoors for longer than two hours when temperatures were below 32 degrees, while dogs showing signs of heatstroke are presumed to have been left out too long when temperatures exceeded 90 degrees.
The ordinance exempts working dogs trained to herd or protect livestock, hunting dogs used to aid in taking wildlife, dogs on a leash under direct supervision, and dogs required to be tethered under applicable law or court order.
The ordinance defines outdoors as a location outside a permanent structure capable of habitation during extreme weather events, such as a house, apartment building or office building. Wire cages and non-insulated structures, including those made of plastic, are considered unsuitable outdoor structures.
The measure was introduced by the Municipal and Public Affairs Committee following recommendations from Corporation Counsel, the Chief of Police and the Mayor of the City of Binghamton.