Section 353-D. Confinement of companion animals in vehicles: extreme temperatures  


Latest version.
  • 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, or peace officer acting as an agent of a
      duly incorporated humane society may take necessary steps to remove  the
      animal or animals from the vehicle.
        3.  Police officers, peace officers or peace officers acting as agents
      of a duly incorporated humane society 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 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 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.