Bill Text: NY S03954 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the confinement of companion animals in unattended motor vehicles under conditions that endanger the health or well-being of an animal and what can be done in the event an animal is seen suffering; adds paid or volunteer firefighters as persons authorized to remove such companion animals from unattended vehicles because of extreme temperatures; and provides penalties.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-05-29 - PRINT NUMBER 3954A [S03954 Detail]
Download: New_York-2017-S03954-Introduced.html
Bill Title: Relates to the confinement of companion animals in unattended motor vehicles under conditions that endanger the health or well-being of an animal and what can be done in the event an animal is seen suffering; adds paid or volunteer firefighters as persons authorized to remove such companion animals from unattended vehicles because of extreme temperatures; and provides penalties.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-05-29 - PRINT NUMBER 3954A [S03954 Detail]
Download: New_York-2017-S03954-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 3954 A. 4029 2017-2018 Regular Sessions SENATE - ASSEMBLY January 31, 2017 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Agriculture IN ASSEMBLY -- Introduced by M. of A. THIELE, CAHILL, CRESPO, ENGLE- BRIGHT, McDONOUGH, MONTESANO, MORINELLO, MURRAY, TITONE, RAIA, ROSEN- THAL, SEPULVEDA, SKOUFIS -- Multi-Sponsored by -- M. of A. COOK, GALEF, JAFFEE, LUPINACCI, B. MILLER, MOSLEY, SIMON -- 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 unattended motor vehicles under conditions that endanger the health or well-being of an animal; and to repeal section 353-d of such law relating thereto 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 Section 353-d of the agriculture and markets law is 2 REPEALED and a new section 353-d is added to read as follows: 3 § 353-d. Confinement of companion animals in unattended vehicles under 4 conditions that endanger the health or well-being of an animal. 1. A 5 person shall not leave or confine an animal in any unattended motor 6 vehicle under conditions that endanger the health or well-being of an 7 animal due to heat, cold, lack of adequate ventilation, or lack of food 8 or water, or other circumstances that could reasonably be expected to 9 cause suffering, disability, or death to the animal. 10 2. This section shall not prevent a person from taking reasonable 11 steps that are necessary to remove an animal from a motor vehicle if the 12 person holds a reasonable belief that the animal's safety is in immedi- 13 ate danger from heat, cold, lack of adequate ventilation, lack of food 14 or water, or other circumstances that could reasonably be expected to 15 cause suffering, disability, or death to the animal. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04495-01-7S. 3954 2 A. 4029 1 (a) A person who removes an animal from a vehicle in accordance with 2 this subdivision is not criminally liable for actions taken reasonably 3 and in good faith if the person does all of the following: 4 (i) determines the vehicle is locked or there is otherwise no reason- 5 able manner for the animal to be removed from the vehicle; 6 (ii) has a good faith belief that forcible entry into the vehicle is 7 necessary because the animal is in imminent danger of suffering harm if 8 it is not immediately removed from the vehicle, and, based upon the 9 circumstances known to the person at the time, the belief is a reason- 10 able one; 11 (iii) has contacted a local law enforcement agency, the fire depart- 12 ment, animal control, or the "911" emergency service prior to forcibly 13 entering the vehicle; 14 (iv) remains with the animal in a safe location, out of the elements 15 but reasonably close to the vehicle, until a peace officer, humane offi- 16 cer, animal control officer, or another emergency responder arrives; 17 (v) used no more force to enter the vehicle and remove the animal from 18 the vehicle than was necessary under the circumstances; and 19 (vi) immediately turns the animal over to a representative from law 20 enforcement, animal control, or another emergency responder who responds 21 to the scene. 22 (b) There shall not be any civil liability on the part of, and no 23 cause of action shall accrue against, a person for property damage or 24 trespass to a motor vehicle, if the damage was caused while the person 25 was rescuing an animal in accordance with this section. The immunity 26 from civil liability for property damage to a motor vehicle does not 27 affect a person's civil liability or immunity from civil liability for 28 rendering aid to an animal. 29 3. This section shall not prevent a police officer, peace officer, 30 peace officer acting as an agent of a duly incorporated humane society, 31 firefighter, humane officer, animal control officer, or other emergency 32 responder from removing an animal from a motor vehicle if the animal's 33 safety appears to be in immediate danger from heat, cold, lack of 34 adequate ventilation, lack of food or water, or other circumstances that 35 could reasonably be expected to cause suffering, disability, or death to 36 the animal. 37 (a) A police officer, peace officer, peace officer acting as an agent 38 of a duly incorporated humane society, firefighter, humane officer, 39 animal control officer, or other emergency responder who removes an 40 animal from a motor vehicle, or who takes possession of an animal that 41 has been removed from a motor vehicle, shall deliver the animal to the 42 duly incorporated humane society or society for the prevention of cruel- 43 ty to animals, or designated agent thereof, in the jurisdiction where 44 the animal or animals were seized, or, if the officer deems necessary, 45 to a veterinary hospital for treatment. The owner of the animal removed 46 from the vehicle may be required to pay for charges that have accrued 47 for the maintenance, care, medical treatment, or impoundment of the 48 animal. 49 (b) A peace officer, firefighter, humane officer, animal control offi- 50 cer, or other emergency responder is authorized to take all steps that 51 are reasonably necessary for the removal of an animal from a motor vehi- 52 cle, including, but not limited to, breaking into the motor vehicle, 53 after a reasonable effort to locate the owner or other person responsi- 54 ble. 55 (c) A peace officer, firefighter, humane officer, animal control offi- 56 cer, or other emergency responder who removes an animal from a motorS. 3954 3 A. 4029 1 vehicle or who receives an animal rescued from a vehicle from another 2 person shall, in a secure and conspicuous location on or within the 3 motor vehicle, leave written notice bearing his or her name and office, 4 and the address of the location where the animal can be claimed. The 5 animal may be claimed by the owner only after payment of all charges 6 that have accrued for the maintenance, care, medical treatment, or 7 impoundment of the animal. 8 (d) Except as provided in paragraphs (a) and (c) of this subdivision, 9 this section does not affect in any way existing liabilities or immuni- 10 ties in current law, or create any new immunities or liabilities. 11 4. Nothing in this section shall preclude prosecution under this 12 section or any other provision of law, including local laws or ordi- 13 nances. 14 5. Nothing in this section shall be deemed to prohibit the transporta- 15 tion of horses, cattle, pigs, sheep, poultry, or other agricultural 16 animals in motor vehicles designed to transport such animals for agri- 17 cultural purposes. 18 6. Unless the animal suffers serious injury or death, a first 19 conviction for violation of this section is punishable by a fine not 20 exceeding one hundred dollars per animal. If the animal suffers serious 21 injury or death, a violation of this section is punishable by a fine not 22 exceeding five hundred dollars or imprisonment not exceeding six months, 23 or both. Any subsequent violation of this section, regardless of injury 24 or death to the animal, is also punishable by a fine not exceeding five 25 hundred dollars or imprisonment not exceeding six months, or both. 26 § 2. This act shall take effect immediately.