Bill Text: NY S07102 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to the confinement of companion animals in vehicles in extreme temperatures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-09 - PRINT NUMBER 7102B [S07102 Detail]

Download: New_York-2015-S07102-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7102--B
                    IN SENATE
                                     March 28, 2016
                                       ___________
        Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Agriculture -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  reported  favorably  from  said  committee  and
          committed  to  the  Committee  on  Rules -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11302-05-6
        S. 7102--B                          2
     1    Upon arrival at the vehicle, the responding police officer or officers
     2  shall  take  custody  of the animal and ensure it is taken to a location
     3  designated by the municipality where the incident occurred.
     4    3. [Police officers, peace officers or peace officers acting as agents
     5  of  a  duly  incorporated humane society] A person removing an animal or
     6  animals from a vehicle pursuant to this section shall  place  a  written
     7  notice  on or in the vehicle, bearing the name of [the officer or agent]
     8  such person, and the [department or agency and address] location  desig-
     9  nated  by  the municipality where the animal or animals will be taken by
    10  the responding police officer or officers of the municipality where  the
    11  incident occurred.
    12    4.  An  animal  or  animals  removed  from  a vehicle pursuant to this
    13  section shall[, after receipt  of  any  necessary  emergency  veterinary
    14  treatment, be delivered to the duly incorporated humane society or soci-
    15  ety for the prevention of cruelty to animals, or designated agent there-
    16  of,]  be  turned  over by the responding police officer or officers to a
    17  location designated by the municipality where the incident  occurred  in
    18  the jurisdiction where the animal or animals were seized.
    19    5. Any person who knowingly violates the provisions of subdivision one
    20  of  this section shall be guilty of a violation, punishable by a fine of
    21  not less than fifty dollars nor more than  one  hundred  dollars  for  a
    22  first  offense, and a fine of not less than one hundred dollars nor more
    23  than two hundred and fifty dollars for a second and subsequent offenses.
    24    6. [Officers] Any person who  knowingly  violates  the  provisions  of
    25  subdivision one of this section shall be responsible for the cost of any
    26  necessary veterinary care that results from such violation.
    27    7.  If  the location designated by the municipality where the incident
    28  occurred is the local humane society, the animal shall  be  held  for  a
    29  minimum of three days before it is put up for adoption.
    30    8.  A person acting under this section shall not be held criminally or
    31  civilly  liable for actions taken reasonably and in good faith in carry-
    32  ing out the provisions of this section.
    33    [7.] 9. Nothing contained in this section shall be construed to affect
    34  any other protections afforded to  companion  animals  under  any  other
    35  provisions of this article.
    36    § 2. This act shall take effect immediately.