S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4464
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A. MORINELLO, SAYEGH, DeSTEFANO, BRABENEC, McDO-
   NOUGH, B. MILLER, DiPIETRO, MIKULIN, SALKA -- Multi-Sponsored by -- M.
   of A. MANKTELOW, WALSH -- 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 137 of the laws of 2019, 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 TEMPER-
 ATURE 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, peace officer acting as an  agent  of  a
 duly  incorporated humane society, emergency medical services personnel,
 paid firefighter, or volunteer firefighter who  in  the  performance  of
 such  volunteer  firefighter's  duties are directed to respond to a call
 for assistance for such animal]  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08768-01-1
              

 A. 4464                             2
 
   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.
   3. [Police officers, peace officers, peace officers acting  as  agents
 of  a  duly  incorporated  humane  society,  emergency  medical services
 personnel, paid firefighters,  or  volunteer  firefighters  who  in  the
 performance  of such volunteer firefighters' duties or emergency medical
 services personnel are directed to respond to a call for assistance  for
 such  animal]  A  PERSON  removing  an  animal or animals from a vehicle
 pursuant to this section shall place a written notice on or in the vehi-
 cle, bearing the name of [the officer or agent, and  the  department  or
 agency and address] SUCH PERSON AND THE LOCATION DESIGNATED BY THE MUNI-
 CIPALITY  and  other contact information, if available, 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 THE 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, emergency medical services personnel  and  firefighters]
 ANY  PERSON  WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF
 THIS SECTION SHALL BE RESPONSIBLE FOR THE COST OF ANY NECESSARY  VETERI-
 NARY 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.