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A05609 Summary:

BILL NOA05609
 
SAME ASNo Same As
 
SPONSORMorinello
 
COSPNSR
 
MLTSPNSRCurran, Giglio
 
Amd 353-d, Ag & Mkts L
 
Relates to the confinement of companion animals in vehicles in extreme temperatures.
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A05609 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5609
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. Section 353-d of the agriculture and markets law, as  added
     2  by chapter 586 of the laws of 2008, is amended to read as follows:
     3    § 353-d. Confinement of companion animals in vehicles: extreme temper-
     4  atures.  1.  A  person  shall  not confine a companion animal in a motor
     5  vehicle in extreme heat or cold  without  proper  ventilation  or  other
     6  protection  from such extreme temperatures where such confinement places
     7  the companion animal in imminent danger of  death  or  serious  physical
     8  injury due to exposure to such extreme heat or cold. For the purposes of
     9  this  section,  extreme temperatures shall be defined as any temperature
    10  lower than thirty-two degrees fahrenheit or higher than seventy  degrees
    11  fahrenheit.
    12    2.  Where the operator of such a vehicle cannot be promptly located, a
    13  [police officer, peace officer, or peace officer acting as an agent of a
    14  duly incorporated humane society] person may  take  necessary  steps  to
    15  remove  the  animal  or animals from the vehicle.  Necessary steps shall
    16  include:
    17    (a) checking to see if any of the doors to the vehicle are unlocked;
    18    (b) making a good faith effort to locate the owner of the vehicle; and
    19    (c) calling the police or 911.
    20    If after all these steps have been completed and a  person  determines
    21  an  animal is in imminent danger, he or she may break a window to remove
    22  the animal from the vehicle.
    23    Upon arrival at the vehicle, the responding police officer or officers
    24  shall take custody of the animal and ensure it is taken  to  a  location
    25  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
 
     1    3. [Police officers, peace officers or peace officers acting as agents
     2  of  a  duly  incorporated humane society] A person removing an animal or
     3  animals from a vehicle pursuant to this section shall  place  a  written
     4  notice  on or in the vehicle, bearing the name of [the officer or agent]
     5  such  person, and the [department or agency and address] location desig-
     6  nated by the municipality where the animal or animals will be  taken  by
     7  the  responding police officer or officers of the municipality where the
     8  incident occurred.
     9    4. An animal or animals  removed  from  a  vehicle  pursuant  to  this
    10  section  shall[,  after  receipt  of  any necessary emergency veterinary
    11  treatment, be delivered to the duly incorporated humane society or soci-
    12  ety for the prevention of cruelty to animals, or designated agent there-
    13  of,] be turned over by the responding police officer or  officers  to  a
    14  location  designated  by the municipality where the incident occurred in
    15  the jurisdiction where the animal or animals were seized.
    16    5. Any person who knowingly violates the provisions of subdivision one
    17  of this section shall be guilty of a violation, punishable by a fine  of
    18  not  less  than  fifty  dollars  nor more than one hundred dollars for a
    19  first offense, and a fine of not less than one hundred dollars nor  more
    20  than two hundred and fifty dollars for a second and subsequent offenses.
    21    6.  [Officers]  Any  person  who  knowingly violates the provisions of
    22  subdivision one of this section shall be responsible for the cost of any
    23  necessary veterinary care that results from such violation.
    24    7. If the location designated by the municipality where  the  incident
    25  occurred  is  the  local  humane society, the animal shall be held for a
    26  minimum of three days before it is put up for adoption.
    27    8.  A person acting under this section shall not be held criminally or
    28  civilly liable for actions taken reasonably and in good faith in  carry-
    29  ing out the provisions of this section.
    30    [7.] 9. Nothing contained in this section shall be construed to affect
    31  any  other  protections  afforded  to  companion animals under any other
    32  provisions of this article.
    33    § 2. This act shall take effect immediately.
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