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This entry was published on 2017-11-24
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SECTION 1264-A
State of emergency; boarding of a commuter transportation by domestic companion animals
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1264-a. State of emergency; boarding of a commuter transportation by
domestic companion animals. 1. For the purposes of this section:

(a) "Commuter transportation" means commuter transportation, and other
related services and facilities, operated by the authority or any of its
subsidiaries, including but not limited to such transportation by
railroad, omnibus, marine and air, in accordance with this title.

(b) "Domestic companion animal" means a companion animal or pet as
defined in section three hundred fifty of the agriculture and markets
law and shall also mean any other domesticated animal normally
maintained in or near the household of the owner or person who cares for
such other domesticated animal. "Pet" or "companion animal" shall not
include a "farm animal", as defined in section three hundred fifty of
the agriculture and markets law.

2. (a) In the event that a state of emergency has been declared and an
evacuation of any region of the state is in progress, the owner of a
domestic companion animal shall be permitted to board any commuter
transportation with such domestic companion animal so long as that
animal is under the owner's control by use of a leash or tether, or is
properly confined in an appropriate container or by other suitable
means, provided that such boarding is authorized by and consistent with
the provisions of state disaster emergency plans or local state of
emergency plans pertaining to the needs of animals and individuals with
an animal under their care. The provisions of this section shall only
apply to the owners of domestic companion animals who are evacuating
from a region of the state affected by an emergency or disaster, or a
local state of emergency, as defined in section twenty-four of the
executive law.

(b) A domestic companion animal may be refused permission to board any
commuter transportation, even if the animal is under the owner's control
or properly confined in accordance with this subdivision if there is
reasonable cause to believe that, due to attendant circumstances,
permitting the animal to board would pose a health or safety hazard.

3. All passengers with service animals shall be given priority seating
on all means of transportation regulated by this title in accordance
with the federal "Americans with Disabilities Act of 1990" (42 U.S.C.
s.12101 et seq.). For the purposes of this section, "service animal"
shall have the same meaning as set forth in the federal "Americans with
Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any
regulations under such act.

4. All passengers on any commuter transportation shall be provided
seating before a domestic companion animal may be placed in a seat.

5. The authority is authorized to promulgate and enforce such rules
and regulations as shall be necessary for the implementation of this
section.