Bill Text: NY A06995 | 2019-2020 | General Assembly | Amended


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: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A06995 Detail]

Download: New_York-2019-A06995-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6995--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2019
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Agriculture --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

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     2  REPEALED and a new section 353-d is added to read as follows: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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10522-05-9

        A. 6995--A                          2

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

        A. 6995--A                          3

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