STATE OF NEW YORK ________________________________________________________________________ 4283 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. MORINELLO -- 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 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 137 of the laws of 2019, 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 9 of this section, extreme temperatures shall be defined as any temper- 10 ature lower than thirty-two degrees fahrenheit or higher than seventy 11 degrees fahrenheit. 12 2. Where the operator of such a vehicle cannot be promptly located, a 13 [police officer, peace officer, peace officer acting as an agent of a 14 duly incorporated humane society, emergency medical services personnel, 15 paid firefighter, or volunteer firefighter who in the performance of 16 such volunteer firefighter's duties are directed to respond to a call 17 for assistance for such animal] person may take necessary steps to 18 remove the animal or animals from the vehicle. Necessary steps shall 19 include: 20 (a) checking to see if any of the doors to the vehicle are unlocked; 21 (b) making a good faith effort to locate the owner of the vehicle; and 22 (c) calling the police or 911. 23 If after all these steps have been completed and a person determines 24 an animal is in imminent danger, such person may break a window to 25 remove the animal from the vehicle. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02790-01-5
A. 4283 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, peace officers acting as agents 5 of a duly incorporated humane society, emergency medical services 6 personnel, paid firefighters, or volunteer firefighters who in the 7 performance of such volunteer firefighters' duties or emergency medical 8 services personnel are directed to respond to a call for assistance for 9 such animal] A person removing an animal or animals from a vehicle 10 pursuant to this section shall place a written notice on or in the vehi- 11 cle, bearing the name of [the officer or agent, and the department or 12 agency and address] such person and the location designated by the muni- 13 cipality and other contact information, if available, where the animal 14 or animals will be taken by the responding police officer or officers of 15 the municipality where the incident occurred. 16 4. An animal or animals removed from a vehicle pursuant to this 17 section shall[, after receipt of any necessary emergency veterinary 18 treatment, be delivered to the duly incorporated humane society or soci- 19 ety for the prevention of cruelty to animals, or designated agent there- 20 of,] be turned over by the responding the police officer or officers to 21 a location designated by the municipality where the incident occurred in 22 the jurisdiction where the animal or animals were seized. 23 5. Any person who knowingly violates the provisions of subdivision one 24 of this section shall be guilty of a violation, punishable by a fine of 25 not less than fifty dollars nor more than one hundred dollars for a 26 first offense, and a fine of not less than one hundred dollars nor more 27 than two hundred and fifty dollars for a second and subsequent offenses. 28 6. [Officers, emergency medical services personnel and firefighters] 29 Any person who knowingly violates the provisions of subdivision one of 30 this section shall be responsible for the cost of any necessary veteri- 31 nary care that results from such violation. 32 7. If the location designated by the municipality where the incident 33 occurred is the local humane society, the animal shall be held for a 34 minimum of three days before it is put up for adoption. 35 8. A person acting under this section shall not be held criminally or 36 civilly liable for actions taken reasonably and in good faith in carry- 37 ing out the provisions of this section. 38 [7.] 9. Nothing contained in this section shall be construed to affect 39 any other protections afforded to companion animals under any other 40 provisions of this article. 41 § 2. This act shall take effect immediately.