S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3066
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Agriculture
 
 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 REPEALED and a new section 353-d is added to read as follows: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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01944-01-1

 A. 3066                             2
 
 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.
   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

 A. 3066                             3
 
 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.