A03066 Summary:

COSPNSRThiele, Stern, Dinowitz, Englebright, Buttenschon, Davila, Glick
Rpld & add 353-d, Ag & Mkts L
Requires the department of agriculture and markets to issue code red and blue alerts for companion animals during extreme weather; requires owners of companion animals to bring their animals indoors whenever a code red or blue alert has been issued.
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A03066 Actions:

01/22/2021referred to agriculture
01/05/2022referred to agriculture
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A03066 Committee Votes:

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A03066 Floor Votes:

There are no votes for this bill in this legislative session.
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A03066 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Epstein
  TITLE OF BILL: 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   PURPOSE: To create an alert system for requiring owners to bring companion animals indoors during extreme weather   SUMMARY OF PROVISIONS: Section 1. Creates the code red and code blue alert system and the appropriate procedures for law enforcement when an owner violates this section.1. Definitions 2. Requires the Department to issue code red and code blue alerts through public service announcements 3. Prohibits owners from leaving animals outside during a code red or code blue alert; Prohibits owners from leaving a companion animal inside a vehicle during a code red or code blue alert; Owners who are on premises while violating this section will be issued a notice to bring their animals indoors. If the owner does not comply and continues to leave the animal outside, law enforcement can seize the animal.4. When the owner cannot be located, law enforcement may take the necessary steps to seize the animal.5. If an animal is seized, law enforcement must provide written notice.6. A seized animal will be delivered to a humane society or SPCA after receiving emergency medical care 7. Any person who knowingly or after a warning, leaves a companion animal outside, or inside a vehicle, during a code red or code blue alert, will be guilty of a violation not less than $500 nor more than $1000 for the first offense and not less than $1000 nor more than $2000 for the second offense. 8. Good Samaritan provisions 9. Does not prohibit further protections by other articles. Section 2. Effective Date.   JUSTIFICATION: In 2018, 21 dogs were left outside in below freezing temperatures of 4 degrees. Just like humans, animals can get frostbite, suffer from diso- rientation, heatstroke, and even die from extreme temperatures. Between 2017 and 2018, there were at least 50 reported companion animal deaths related to cold weather.Current law requires dogs outdoors to have appropriate shelter and allows for animals to be rescued when found in cars with no ventilation. or other protection from extreme weather.This legislation would expand upon these provisions during extreme weather conditions by setting up an alert system for owners and requiring owners to bring in their companion animals during extreme weather. Under this legislation, owners would be warned before their animal could potential- ly be seized. Furthermore, the creation of an alert system is crucial to notifying owners when conditions are no longer safe for companion animals. Companion animals are entirely dependent on their owners for their care and wellbeing. New York must ensure the protection of all by requiring animals to be brought indoors when the temperature is inappro- priate for staying outdoors. An individual who violates this section would be fined between $500 and $1000 for the first offense. Subsequent offenses fined up to $2000. If an owner is available and knowingly ignores a warning, or if the owner cannot be found, the companion animal may be seized, similar to current law for dogs left in vehicles.   PRIOR LEGISLATIVE HISTORY: 2020: A6995A/S04577A - referred to agriculture/REFERRED TO ,DOMESTIC ANIMAL WELFARE; REPORTED AND COMMITTED TO FINANCE 2019: A6995A/S04577A - referred to agriculture/ Passed Senate   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately.
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A03066 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section  1.  Section  353-d  of  the  agriculture  and  markets law is
     2  REPEALED and a new section 353-d is added to read as follows:
     3    § 353-d. Code red and blue alerts for companion animals during extreme
     4  weather events. 1. For purposes of  this  section  the  following  terms
     5  shall have the following meanings:
     6    (a) "Extreme weather" shall mean:
     7    (i)  when  temperatures  will  reach twenty-five degrees Fahrenheit or
     8  lower without precipitation or thirty-two degrees  Fahrenheit  or  lower
     9  with precipitation;
    10    (ii)  the National Weather Service wind-chill temperature will be zero
    11  degrees Fahrenheit or less for a period of two hours or more;
    12    (iii) the heat index is forecast to reach ninety-five degrees  Fahren-
    13  heit  to  ninety-nine  degrees  Fahrenheit  for at least two consecutive
    14  days; or
    15    (iv) the temperatures will reach one hundred degrees Fahrenheit to one
    16  hundred four degrees Fahrenheit for any length of time.
    17    (b) "Companion animal" shall have  the  same  meaning  as  defined  in
    18  section three hundred fifty of this chapter.
    19    (c)  "Companion animal guardian" means an individual who currently has
    20  physical custody over a companion animal.
    21    2. (a) The department shall issue code red or code blue alerts through
    22  a public service announcement  whenever  there  is  an  extreme  weather
    23  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.

        A. 3066                             2
     1  be  limited  to, the geographical region affected by the extreme weather
     2  condition and a statement that all companion animals should  be  brought
     3  indoors.
     4    (b)  A  code  blue  alert  shall be issued whenever an extreme weather
     5  event as defined in subparagraphs (i)  and  (ii)  of  paragraph  (a)  of
     6  subdivision  one  of  this  section occurs and a code red alert shall be
     7  issued whenever an extreme weather event  as  defined  in  subparagraphs
     8  (iii)  and  (iv)  of  paragraph  (a)  of subdivision one of this section
     9  occurs.
    10    3. (a) No owner or guardian of a companion  animal  shall  leave  such
    11  animal  or  animals (i) outside during a code red or code blue alert; or
    12  (ii) inside of a vehicle without proper ventilation or other  protection
    13  from  extreme  weather events where such confinement in a vehicle places
    14  the companion animal in imminent danger of  death  or  serious  physical
    15  injury  due  to exposure to such extreme weather event during a code red
    16  or code blue alert.
    17    (b) Animal control officers, dog control  officers,  police  officers,
    18  peace  officers,  and peace officers acting as agents of a duly incorpo-
    19  rated humane society shall issue warnings  to  owners  or  guardians  of
    20  companion  animals  who have violated the provisions of paragraph (a) of
    21  this subdivision.  If the companion animal owner or  guardian  does  not
    22  comply  with such warning such animal control officer, dog control offi-
    23  cer, police officer, peace officer, or peace officer acting as an  agent
    24  of a duly incorporated humane society shall seize the companion animal.
    25    4. Where the owner or guardian of a companion animal cannot be prompt-
    26  ly  located,  such  animal  control officer, dog control officer, police
    27  officer, peace officer, or peace officer acting as an agent  of  a  duly
    28  incorporated  humane  society  may  take  necessary  steps to remove the
    29  animal from the property or vehicle.
    30    5. Animal control officers, dog  control  officers,  police  officers,
    31  peace  officers, or peace officers acting as an agent of a duly incorpo-
    32  rated humane society removing an animal or animals from a property or  a
    33  vehicle pursuant to subdivision four of this section shall place a writ-
    34  ten notice on the door of such property or on or in the vehicle, bearing
    35  the  name  of  the  officer  or  agent, and the department or agency and
    36  address where the animal or animals will be taken.
    37    6. An animal or animals removed from a property or vehicle pursuant to
    38  this section shall, after receipt of any necessary emergency  veterinary
    39  treatment, be delivered to the duly incorporated humane society or soci-
    40  ety for the prevention of cruelty to animals, or designated agent there-
    41  of, in the jurisdiction where the animal or animals were seized.
    42    7.  Any  person  who  knowingly,  or  after  a  warning,  violates the
    43  provisions of subdivision three of this section shall  be  guilty  of  a
    44  violation,  punishable  by  a  fine  of up to one thousand dollars for a
    45  first offense, and a fine of up to two thousand dollars for a second and
    46  subsequent offenses.
    47    8. Officers and agents shall not be held criminally or civilly  liable
    48  for  actions  taken  reasonably  and  in  good faith in carrying out the
    49  provisions of this section.
    50    9. The provisions of this section shall not apply:
    51    (a) Where the minimum standards  of  determining  whether  shelter  is
    52  appropriate  for an animal are met. Such minimum standards for determin-
    53  ing whether shelter is appropriate to an animal's breed, physical condi-
    54  tion and the climate shall include:
    55    (i) For animals that are restrained in any manner outdoors,  shade  by
    56  natural  or  artificial means to protect the animal from direct sunlight

        A. 3066                             3
     1  at all times when exposure to sunlight is likely to threaten the  health
     2  of the animal.
     3    (ii)  For  all  animals that are left outdoors in inclement weather, a
     4  housing facility, which must: (1) have a waterproof roof; (2) be  struc-
     5  turally  sound  with insulation appropriate to local climatic conditions
     6  and sufficient to protect the animal  from  inclement  weather;  (3)  be
     7  constructed  to  allow  each animal adequate freedom of movement to make
     8  normal postural adjustments, including the ability  to  stand  up,  turn
     9  around  and  lie  down  with  its  limbs outstretched; and (4) allow for
    10  effective removal of excretions, other waste material, dirt  and  trash.
    11  The  housing  facility  and the area immediately surrounding it shall be
    12  regularly cleaned to maintain a healthy and sanitary environment and  to
    13  minimize health hazards.
    14    (b)  To  working dogs as such term is defined in section ninety of the
    15  state law.
    16    10. Nothing contained in this section shall be construed to affect any
    17  other  protections  afforded  to  companion  animals  under  any   other
    18  provisions of this article.
    19    § 2. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.  Effective immediately, the addition, amend-
    21  ment and/or repeal of any rule or regulation necessary for the implemen-
    22  tation  of  this act on its effective date are authorized to be made and
    23  completed on or before such effective date.
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