|SAME AS||No Same As|
|Amd §353-d, Ag & Mkts L|
|Relates to the confinement of companion animals in vehicles in extreme temperatures.|
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STATE OF NEW YORK ________________________________________________________________________ 5609 2017-2018 Regular Sessions IN ASSEMBLY February 10, 2017 ___________ Introduced by M. of A. MORINELLO -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the confinement of companion animals in vehicles in extreme temperatures The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 353-d of the agriculture and markets law, as added 2 by chapter 586 of the laws of 2008, is amended to read as follows: 3 § 353-d. Confinement of companion animals in vehicles: extreme temper- 4 atures. 1. A person shall not confine a companion animal in a motor 5 vehicle in extreme heat or cold without proper ventilation or other 6 protection from such extreme temperatures where such confinement places 7 the companion animal in imminent danger of death or serious physical 8 injury due to exposure to such extreme heat or cold. For the purposes of 9 this section, extreme temperatures shall be defined as any temperature 10 lower than thirty-two degrees fahrenheit or higher than seventy degrees 11 fahrenheit. 12 2. Where the operator of such a vehicle cannot be promptly located, a 13 [ police officer, peace officer, or peace officer acting as an agent of a14 duly incorporated humane society] person may take necessary steps to 15 remove the animal or animals from the vehicle. Necessary steps shall 16 include: 17 (a) checking to see if any of the doors to the vehicle are unlocked; 18 (b) making a good faith effort to locate the owner of the vehicle; and 19 (c) calling the police or 911. 20 If after all these steps have been completed and a person determines 21 an animal is in imminent danger, he or she may break a window to remove 22 the animal from the vehicle. 23 Upon arrival at the vehicle, the responding police officer or officers 24 shall take custody of the animal and ensure it is taken to a location 25 designated by the municipality where the incident occurred. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07435-01-7A. 5609 2 1 3. [ Police officers, peace officers or peace officers acting as agents2 of a duly incorporated humane society] A person removing an animal or 3 animals from a vehicle pursuant to this section shall place a written 4 notice on or in the vehicle, bearing the name of [ the officer or agent] 5 such person, and the [ department or agency and address] location desig- 6 nated by the municipality where the animal or animals will be taken by 7 the responding police officer or officers of the municipality where the 8 incident occurred. 9 4. An animal or animals removed from a vehicle pursuant to this 10 section shall[ , after receipt of any necessary emergency veterinary11 treatment, be delivered to the duly incorporated humane society or soci-12 ety for the prevention of cruelty to animals, or designated agent there-13 of,] be turned over by the responding police officer or officers to a 14 location designated by the municipality where the incident occurred in 15 the jurisdiction where the animal or animals were seized. 16 5. Any person who knowingly violates the provisions of subdivision one 17 of this section shall be guilty of a violation, punishable by a fine of 18 not less than fifty dollars nor more than one hundred dollars for a 19 first offense, and a fine of not less than one hundred dollars nor more 20 than two hundred and fifty dollars for a second and subsequent offenses. 21 6. [ Officers] Any person who knowingly violates the provisions of 22 subdivision one of this section shall be responsible for the cost of any 23 necessary veterinary care that results from such violation. 24 7. If the location designated by the municipality where the incident 25 occurred is the local humane society, the animal shall be held for a 26 minimum of three days before it is put up for adoption. 27 8. A person acting under this section shall not be held criminally or 28 civilly liable for actions taken reasonably and in good faith in carry- 29 ing out the provisions of this section. 30 [ 7.] 9. Nothing contained in this section shall be construed to affect 31 any other protections afforded to companion animals under any other 32 provisions of this article. 33 § 2. This act shall take effect immediately.