Relates to the penalties for the confinement of companion animals in vehicles at times of extreme temperature

BILL NUMBER:S6418A

Title of bill

An act to amend the agriculture and markets law, in relation to the penalties for the confinement of companion animals in vehicles at times of extreme temperature

Purpose or general idea of bill

This legislation increases the penalties for confinement of a companion animal in a vehicle during times of extreme hot or cold temperatures.

Summary of specific provisions

Section 353-d the Agriculture and Markets Law is amended to set a more protective standard for companion animals relating to their removal from a vehicle by a police officer, peace officer or peace officer acting as an agent of a duly incorporated human society. Further, this amendment provides that any person who knowingly violates the provisions of this Section shall be guilty of a violation punishable by an increased fine of $250-$500 for the first offense (raised from $50100), and $500-$1,000 for a second and subsequent violations (raised from $100-$250).

Justification

Confinement of a companion animal in a vehicle during times of extreme hot or cold temperatures can cause injury and death, even in a short period of time. According to People for the Ethical Treatment of Animals (PETA), on a 78-degree day, the temperature inside a parked car can soar between 100 and 120 degrees in just minutes, and on a 90-degree day, the interior temperature can reach as high as 160 degrees in less than 10 minutes. Animals can sustain brain damage or even die from heat stroke in as little as 15 minutes. During times of cold weather, vehicles trapping in the cold can potentially cause an animal to freeze to death.

Section 353-d of the Agriculture and Markets Law prohibits persons from confining a companion animal in a motor vehicle in extreme heat or cold temperatures 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. Any person who knowingly violates the provisions of this Section of law shall be guilty of a violation punishable by a fine of not less than $50 nor more than $100 for the first offense, and a fine of not less than $100 nor more than $250 for second and subsequent offenses. Despite the current law and ongoing efforts to raise awareness and educate the public on the dangers of such torturous confinement, too many cases continue to be reported. It is necessary to provide stronger deterrents to prevent further tragedies.

This legislation increases the penalties for any person who violates the provisions of this Section of law to $250-$500 for the first offense and to $500-$1,000 for second and subsequent offenses. It sets a more protective standard for companion animals by permitting an officer to remove companion animals from a vehicle in instances where such confinement may place them in imminent danger of death or serious physical injury.

Prior legislative history

2014: New Legislation

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.