N.Y. Agriculture & Markets Law Section 353-D
Confinement of companion animals in vehicles: extreme temperatures


1.

A person shall not confine a companion animal in a motor vehicle in extreme heat or cold without proper ventilation or other protection from such extreme temperatures where such confinement places the companion animal in imminent danger of death or serious physical injury due to exposure to such extreme heat or cold.

2.

Where the operator of such a vehicle cannot be promptly located, a police officer, peace officer, peace officer acting as an agent of a duly incorporated humane society, emergency medical services personnel, paid firefighter, or volunteer firefighter who in the performance of such volunteer firefighter’s duties are directed to respond to a call for assistance for such animal may take necessary steps to remove the animal or animals from the vehicle.

3.

Police officers, peace officers, peace officers acting as agents of a duly incorporated humane society, emergency medical services personnel, paid firefighters, or volunteer firefighters who in the performance of such volunteer firefighters’ duties or emergency medical services personnel are directed to respond to a call for assistance for such animal removing an animal or animals from a vehicle pursuant to this section shall place a written notice on or in the vehicle, bearing the name of the officer or agent, and the department or agency and address and other contact information, if available, where the animal or animals will be taken.

4.

An animal or animals removed from a vehicle pursuant to this section shall, after receipt of any necessary emergency veterinary treatment, be delivered to the duly incorporated humane society or society for the prevention of cruelty to animals, or designated agent thereof, in the jurisdiction where the animal or animals were seized.

5.

Any person who knowingly violates the provisions of subdivision one of this section shall be guilty of a violation, punishable by a fine of not less than fifty dollars nor more than one hundred dollars for a first offense, and a fine of not less than one hundred dollars nor more than two hundred and fifty dollars for a second and subsequent offenses.

6.

Officers, emergency medical services personnel and firefighters shall not be held criminally or civilly liable for actions taken reasonably and in good faith in carrying out the provisions of this section.

7.

Nothing contained in this section shall be construed to affect any other protections afforded to companion animals under any other provisions of this article.

Source: Section 353-D — Confinement of companion animals in vehicles: extreme temperatures, https://www.­nysenate.­gov/legislation/laws/AGM/353-D (updated Aug. 2, 2019; accessed Apr. 20, 2024).

350
Definitions
351
Prohibition of animal fighting
353
Overdriving, torturing and injuring animals
353‑A
Aggravated cruelty to animals
353‑B
Appropriate shelter for dogs left outdoors
353‑C
Electrocution of fur-bearing animals prohibited
353‑D
Confinement of companion animals in vehicles: extreme temperatures
353‑E
Companion animal grooming facilities
353‑F
Companion animal piercing and tattooing prohibited
354
Sale of baby chicks and baby rabbits
355
Abandonment of animals
356
Failure to provide proper food and drink to impounded animal
357
Selling or offering to sell or exposing diseased animal
358
Selling disabled Equidae
358‑A
Live animals as prizes prohibited
359
Carrying animal in a cruel manner
359‑A
Transportation of horses
360
Poisoning or attempting to poison animals
361
Interference with or injury to certain domestic animals
362
Throwing substance injurious to animals in public place
363
Unauthorized possession of dogs presumptive evidence of larceny
364
Running horses on highway
365
Clipping or cutting the ears of dogs
366
Companion animal stealing
366‑A
Removing, seizing or transporting dogs for research purposes
367
Leaving state to avoid provisions of this article
368
Operating upon tails of horses unlawful
369
Interference with officers
370
Protection of the public from attack by wild animals and reptiles
371
Powers of peace officers
372
Issuance of warrants upon complaint
373
Seizure of animals lost, strayed, homeless, abandoned or improperly confined or kept
374
Humane destruction or other disposition of animals lost, strayed, homeless, abandoned or improperly confined or kept
375
Officer may take possession of animals or implements used in fights among animals
376
Disposition of animals or implements used in fights among animals
377
Disposal of dead animals
377‑A
Spaying and neutering of dogs and cats
378
Unlawful tampering with animal research
379
Prohibition of the selling of fur, hair, skin or flesh of a dog or cat
380
Use of elephants in entertainment acts
380*2
Examination of seized animals or animals taken possession of
381
Prohibition of the declawing of cats
382
Prohibition of the slaughter of race horses and race horse breeding stock
383
Examination of seized animals or animals taken possession of
384
Special provisions related to the importation of dogs and cats into the state for sale, resale or adoption
385
Prohibition of slaughtering horses for human or animal consumption

Accessed:
Apr. 20, 2024

Last modified:
Aug. 2, 2019

§ 353-D’s source at nysenate​.gov

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