S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5609
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Section 353-d of the agriculture and markets law, as  added
 by chapter 586 of the laws of 2008, is amended to read as follows:
   § 353-d. Confinement of companion animals in vehicles: extreme temper-
 atures.  1.  A  person  shall  not confine a companion animal in a motor
 vehicle in extreme heat or cold  without  proper  ventilation  or  other
 protection  from such extreme temperatures where such confinement places
 the companion animal in imminent danger of  death  or  serious  physical
 injury due to exposure to such extreme heat or cold. FOR THE PURPOSES OF
 THIS  SECTION,  EXTREME TEMPERATURES SHALL BE DEFINED AS ANY TEMPERATURE
 LOWER THAN THIRTY-TWO DEGREES FAHRENHEIT OR HIGHER THAN SEVENTY  DEGREES
 FAHRENHEIT.
   2.  Where the operator of such a vehicle cannot be promptly located, a
 [police officer, peace officer, or peace officer acting as an agent of a
 duly incorporated humane society] PERSON may  take  necessary  steps  to
 remove  the  animal  or animals from the vehicle.  NECESSARY STEPS SHALL
 INCLUDE:
   (A) CHECKING TO SEE IF ANY OF THE DOORS TO THE VEHICLE ARE UNLOCKED;
   (B) MAKING A GOOD FAITH EFFORT TO LOCATE THE OWNER OF THE VEHICLE; AND
   (C) CALLING THE POLICE OR 911.
   IF AFTER ALL THESE STEPS HAVE BEEN COMPLETED AND A  PERSON  DETERMINES
 AN  ANIMAL IS IN IMMINENT DANGER, HE OR SHE MAY BREAK A WINDOW TO REMOVE
 THE ANIMAL FROM THE VEHICLE.
   UPON ARRIVAL AT THE VEHICLE, THE RESPONDING POLICE OFFICER OR OFFICERS
 SHALL TAKE CUSTODY OF THE ANIMAL AND ENSURE IT IS TAKEN  TO  A  LOCATION
 DESIGNATED BY THE MUNICIPALITY WHERE THE INCIDENT OCCURRED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07435-01-7

 A. 5609                             2
 
   3. [Police officers, peace officers or peace officers acting as agents
 of  a  duly  incorporated humane society] A PERSON removing an animal or
 animals from a vehicle pursuant to this section shall  place  a  written
 notice  on or in the vehicle, bearing the name of [the officer or agent]
 SUCH  PERSON, and the [department or agency and address] LOCATION DESIG-
 NATED BY THE MUNICIPALITY where the animal or animals will be  taken  BY
 THE  RESPONDING POLICE OFFICER OR OFFICERS OF THE MUNICIPALITY WHERE THE
 INCIDENT OCCURRED.
   4. An animal or animals  removed  from  a  vehicle  pursuant  to  this
 section  shall[,  after  receipt  of  any necessary emergency veterinary
 treatment, be delivered to the duly incorporated humane society or soci-
 ety for the prevention of cruelty to animals, or designated agent there-
 of,] BE TURNED OVER BY THE RESPONDING POLICE OFFICER OR  OFFICERS  TO  A
 LOCATION  DESIGNATED  BY THE MUNICIPALITY WHERE THE INCIDENT OCCURRED in
 the jurisdiction where the animal or animals were seized.
   5. Any person who knowingly violates the provisions of subdivision one
 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 and fifty dollars for a second and subsequent offenses.
   6.  [Officers]  ANY  PERSON  WHO  KNOWINGLY VIOLATES THE PROVISIONS OF
 SUBDIVISION ONE OF THIS SECTION SHALL BE RESPONSIBLE FOR THE COST OF ANY
 NECESSARY VETERINARY CARE THAT RESULTS FROM SUCH VIOLATION.
   7. IF THE LOCATION DESIGNATED BY THE MUNICIPALITY WHERE  THE  INCIDENT
 OCCURRED  IS  THE  LOCAL  HUMANE SOCIETY, THE ANIMAL SHALL BE HELD FOR A
 MINIMUM OF THREE DAYS BEFORE IT IS PUT UP FOR ADOPTION.
   8.  A PERSON ACTING UNDER THIS SECTION shall not be held criminally or
 civilly liable for actions taken reasonably and in good faith in  carry-
 ing out the provisions of this section.
   [7.] 9. Nothing contained in this section shall be construed to affect
 any  other  protections  afforded  to  companion animals under any other
 provisions of this article.
   § 2. This act shall take effect immediately.