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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3066
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.
STATE OF NEW YORK
________________________________________________________________________
3066
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.
LBD01944-01-1
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.
