Bill Text: NY S04577 | 2019-2020 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed - Dead) 2020-02-03 - REPORTED AND COMMITTED TO FINANCE [S04577 Detail]

Download: New_York-2019-S04577-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4577--A
            Cal. No. 1011

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 15, 2019
                                       ___________

        Introduced by Sens. MARTINEZ, ADDABBO, BOYLE, GOUNARDES, HOYLMAN, KRUEG-
          ER -- read twice and ordered printed, and when printed to be committed
          to  the  Committee  on Domestic Animal Welfare -- committee discharged
          and said bill committed to the Committee on Rules -- reported  favora-
          bly  from said committee, ordered to a third reading, passed by Senate
          and delivered to the Assembly, recalled, vote  reconsidered,  restored
          to  third  reading, amended and ordered reprinted, retaining its place
          in the order of third reading

        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     2  REPEALED and a new section 353-d is added to read as follows: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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10522-04-9
        S. 4577--A                          2

     1    (b) "Companion animal" shall have  the  same  meaning  as  defined  in
     2  section three hundred fifty of this chapter.
     3    (c)  "Companion animal guardian" means an individual who currently has
     4  physical custody over a companion animal.
     5    2. (a) The department shall issue code red or code blue alerts through
     6  a public service announcement  whenever  there  is  an  extreme  weather
     7  condition. Such public service announcement shall include, but shall not
     8  be  limited  to, the geographical region affected by the extreme weather
     9  condition and a statement that all companion animals should  be  brought
    10  indoors.
    11    (b)  A  code  blue  alert  shall be issued whenever an extreme weather
    12  event as defined in subparagraphs (i)  and  (ii)  of  paragraph  (a)  of
    13  subdivision  one  of  this  section occurs and a code red alert shall be
    14  issued whenever an extreme weather event  as  defined  in  subparagraphs
    15  (iii)  and  (iv)  of  paragraph  (a)  of subdivision one of this section
    16  occurs.
    17    3. (a) No owner or guardian of a companion  animal  shall  leave  such
    18  animal  or  animals (i) outside during a code red or code blue alert; or
    19  (ii) inside of a vehicle without proper ventilation or other  protection
    20  from  extreme  weather events where such confinement in a vehicle places
    21  the companion animal in imminent danger of  death  or  serious  physical
    22  injury  due  to exposure to such extreme weather event during a code red
    23  or code blue alert.
    24    (b) Animal control officers, dog control  officers,  police  officers,
    25  peace  officers,  and peace officers acting as agents of a duly incorpo-
    26  rated humane society shall issue warnings  to  owners  or  guardians  of
    27  companion  animals  who have violated the provisions of paragraph (a) of
    28  this subdivision.  If the companion animal owner or  guardian  does  not
    29  comply  with such warning such animal control officer, dog control offi-
    30  cer, police officer, peace officer, or peace officer acting as an  agent
    31  of a duly incorporated humane society shall seize the companion animal.
    32    4. Where the owner or guardian of a companion animal cannot be prompt-
    33  ly  located,  such  animal  control officer, dog control officer, police
    34  officer, peace officer, or peace officer acting as an agent  of  a  duly
    35  incorporated  humane  society  may  take  necessary  steps to remove the
    36  animal from the property or vehicle.
    37    5. Animal control officers, dog  control  officers,  police  officers,
    38  peace  officers, or peace officers acting as an agent of a duly incorpo-
    39  rated humane society removing an animal or animals from a property or  a
    40  vehicle pursuant to subdivision four of this section shall place a writ-
    41  ten notice on the door of such property or on or in the vehicle, bearing
    42  the  name  of  the  officer  or  agent, and the department or agency and
    43  address where the animal or animals will be taken.
    44    6. An animal or animals removed from a property or vehicle pursuant to
    45  this section shall, after receipt of any necessary emergency  veterinary
    46  treatment, be delivered to the duly incorporated humane society or soci-
    47  ety for the prevention of cruelty to animals, or designated agent there-
    48  of, in the jurisdiction where the animal or animals were seized.
    49    7.  Any  person  who  knowingly,  or  after  a  warning,  violates the
    50  provisions of subdivision three of this section shall  be  guilty  of  a
    51  violation,  punishable  by  a  fine  of up to one thousand dollars for a
    52  first offense, and a fine of up to two thousand dollars for a second and
    53  subsequent offenses.
    54    8. Officers and agents shall not be held criminally or civilly  liable
    55  for  actions  taken  reasonably  and  in  good faith in carrying out the
    56  provisions of this section.
        S. 4577--A                          3

     1    9. The provisions of this section shall not apply:
     2    (a)  Where  the  minimum  standards  of determining whether shelter is
     3  appropriate for an animal are met. Such minimum standards for  determin-
     4  ing whether shelter is appropriate to an animal's breed, physical condi-
     5  tion and the climate shall include:
     6    (i)  For  animals that are restrained in any manner outdoors, shade by
     7  natural or artificial means to protect the animal from  direct  sunlight
     8  at  all times when exposure to sunlight is likely to threaten the health
     9  of the animal.
    10    (ii) For all animals that are left outdoors in  inclement  weather,  a
    11  housing  facility, which must: (1) have a waterproof roof; (2) be struc-
    12  turally sound with insulation appropriate to local  climatic  conditions
    13  and  sufficient  to  protect  the  animal from inclement weather; (3) be
    14  constructed to allow each animal adequate freedom of  movement  to  make
    15  normal  postural  adjustments,  including  the ability to stand up, turn
    16  around and lie down with its  limbs  outstretched;  and  (4)  allow  for
    17  effective  removal  of excretions, other waste material, dirt and trash.
    18  The housing facility and the area immediately surrounding  it  shall  be
    19  regularly  cleaned to maintain a healthy and sanitary environment and to
    20  minimize health hazards.
    21    (b) To working dogs as such term is defined in section ninety  of  the
    22  state law.
    23    10. Nothing contained in this section shall be construed to affect any
    24  other   protections  afforded  to  companion  animals  under  any  other
    25  provisions of this article.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.  Effective immediately, the addition, amend-
    28  ment and/or repeal of any rule or regulation necessary for the implemen-
    29  tation of this act on its effective date are authorized to be  made  and
    30  completed on or before such effective date.