S T A T E O F N E W Y O R K
________________________________________________________________________
4577--A
Cal. No. 1011
2019-2020 Regular Sessions
I N S E N A T E
March 15, 2019
___________
Introduced by Sens. MARTINEZ, ADDABBO, BOYLE, GOUNARDES, HOYLMAN, KRUEG-
ER -- read twice and ordered printed, and when printed to be committed
to the Committee on Domestic Animal Welfare -- committee discharged
and said bill committed to the Committee on Rules -- reported favora-
bly from said committee, ordered to a third reading, passed by Senate
and delivered to the Assembly, recalled, vote reconsidered, restored
to third reading, amended and ordered reprinted, retaining its place
in the order of third reading
AN ACT to amend the agriculture and markets law, in relation to code red
and blue alerts for companion animals during extreme weather; and to
repeal certain provisions of such law relating to the confinement of
animals in vehicles
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 is
REPEALED and a new section 353-d is added to read as follows:
§ 353-D. CODE RED AND BLUE ALERTS FOR COMPANION ANIMALS DURING EXTREME
WEATHER EVENTS. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "EXTREME WEATHER" SHALL MEAN:
(I) WHEN TEMPERATURES WILL REACH TWENTY-FIVE DEGREES FAHRENHEIT OR
LOWER WITHOUT PRECIPITATION OR THIRTY-TWO DEGREES FAHRENHEIT OR LOWER
WITH PRECIPITATION;
(II) THE NATIONAL WEATHER SERVICE WIND-CHILL TEMPERATURE WILL BE ZERO
DEGREES FAHRENHEIT OR LESS FOR A PERIOD OF TWO HOURS OR MORE;
(III) THE HEAT INDEX IS FORECAST TO REACH NINETY-FIVE DEGREES FAHREN-
HEIT TO NINETY-NINE DEGREES FAHRENHEIT FOR AT LEAST TWO CONSECUTIVE
DAYS; OR
(IV) THE TEMPERATURES WILL REACH ONE HUNDRED DEGREES FAHRENHEIT TO ONE
HUNDRED FOUR DEGREES FAHRENHEIT FOR ANY LENGTH OF TIME.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10522-04-9
S. 4577--A 2
(B) "COMPANION ANIMAL" SHALL HAVE THE SAME MEANING AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THIS CHAPTER.
(C) "COMPANION ANIMAL GUARDIAN" MEANS AN INDIVIDUAL WHO CURRENTLY HAS
PHYSICAL CUSTODY OVER A COMPANION ANIMAL.
2. (A) THE DEPARTMENT SHALL ISSUE CODE RED OR CODE BLUE ALERTS THROUGH
A PUBLIC SERVICE ANNOUNCEMENT WHENEVER THERE IS AN EXTREME WEATHER
CONDITION. SUCH PUBLIC SERVICE ANNOUNCEMENT SHALL INCLUDE, BUT SHALL NOT
BE LIMITED TO, THE GEOGRAPHICAL REGION AFFECTED BY THE EXTREME WEATHER
CONDITION AND A STATEMENT THAT ALL COMPANION ANIMALS SHOULD BE BROUGHT
INDOORS.
(B) A CODE BLUE ALERT SHALL BE ISSUED WHENEVER AN EXTREME WEATHER
EVENT AS DEFINED IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION OCCURS AND A CODE RED ALERT SHALL BE
ISSUED WHENEVER AN EXTREME WEATHER EVENT AS DEFINED IN SUBPARAGRAPHS
(III) AND (IV) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
OCCURS.
3. (A) NO OWNER OR GUARDIAN OF A COMPANION ANIMAL SHALL LEAVE SUCH
ANIMAL OR ANIMALS (I) OUTSIDE DURING A CODE RED OR CODE BLUE ALERT; OR
(II) INSIDE OF A VEHICLE WITHOUT PROPER VENTILATION OR OTHER PROTECTION
FROM EXTREME WEATHER EVENTS WHERE SUCH CONFINEMENT IN A VEHICLE PLACES
THE COMPANION ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS PHYSICAL
INJURY DUE TO EXPOSURE TO SUCH EXTREME WEATHER EVENT DURING A CODE RED
OR CODE BLUE ALERT.
(B) ANIMAL CONTROL OFFICERS, DOG CONTROL OFFICERS, POLICE OFFICERS,
PEACE OFFICERS, AND PEACE OFFICERS ACTING AS AGENTS OF A DULY INCORPO-
RATED HUMANE SOCIETY SHALL ISSUE WARNINGS TO OWNERS OR GUARDIANS OF
COMPANION ANIMALS WHO HAVE VIOLATED THE PROVISIONS OF PARAGRAPH (A) OF
THIS SUBDIVISION. IF THE COMPANION ANIMAL OWNER OR GUARDIAN DOES NOT
COMPLY WITH SUCH WARNING SUCH ANIMAL CONTROL OFFICER, DOG CONTROL OFFI-
CER, POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT
OF A DULY INCORPORATED HUMANE SOCIETY SHALL SEIZE THE COMPANION ANIMAL.
4. WHERE THE OWNER OR GUARDIAN OF A COMPANION ANIMAL CANNOT BE PROMPT-
LY LOCATED, SUCH ANIMAL CONTROL OFFICER, DOG CONTROL OFFICER, POLICE
OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF A DULY
INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
ANIMAL FROM THE PROPERTY OR VEHICLE.
5. ANIMAL CONTROL OFFICERS, DOG CONTROL OFFICERS, POLICE OFFICERS,
PEACE OFFICERS, OR PEACE OFFICERS ACTING AS AN AGENT OF A DULY INCORPO-
RATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM A PROPERTY OR A
VEHICLE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL PLACE A WRIT-
TEN NOTICE ON THE DOOR OF SUCH PROPERTY OR ON OR IN THE VEHICLE, BEARING
THE NAME OF THE OFFICER OR AGENT, AND THE DEPARTMENT OR AGENCY AND
ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
6. AN ANIMAL OR ANIMALS REMOVED FROM A PROPERTY OR 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, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
7. ANY PERSON WHO KNOWINGLY, OR AFTER A WARNING, VIOLATES THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION SHALL BE GUILTY OF A
VIOLATION, PUNISHABLE BY A FINE OF UP TO ONE THOUSAND DOLLARS FOR A
FIRST OFFENSE, AND A FINE OF UP TO TWO THOUSAND DOLLARS FOR A SECOND AND
SUBSEQUENT OFFENSES.
8. OFFICERS AND AGENTS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE
FOR ACTIONS TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING OUT THE
PROVISIONS OF THIS SECTION.
S. 4577--A 3
9. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY:
(A) WHERE THE MINIMUM STANDARDS OF DETERMINING WHETHER SHELTER IS
APPROPRIATE FOR AN ANIMAL ARE MET. SUCH MINIMUM STANDARDS FOR DETERMIN-
ING WHETHER SHELTER IS APPROPRIATE TO AN ANIMAL'S BREED, PHYSICAL CONDI-
TION AND THE CLIMATE SHALL INCLUDE:
(I) FOR ANIMALS THAT ARE RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
NATURAL OR ARTIFICIAL MEANS TO PROTECT THE ANIMAL FROM DIRECT SUNLIGHT
AT ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH
OF THE ANIMAL.
(II) FOR ALL ANIMALS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A
HOUSING FACILITY, WHICH MUST: (1) HAVE A WATERPROOF ROOF; (2) BE STRUC-
TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
AND SUFFICIENT TO PROTECT THE ANIMAL FROM INCLEMENT WEATHER; (3) BE
CONSTRUCTED TO ALLOW EACH ANIMAL 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.
(B) TO WORKING DOGS AS SUCH TERM IS DEFINED IN SECTION NINETY OF THE
STATE LAW.
10. 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 on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
