§ 1264-A — State of emergency; boarding of a commuter transportation by domestic companion animals

§ 1264-a. State of emergency; boarding of a commuter transportation by\ndomestic companion animals. 1. For the purposes of this section:\n (a) "Commuter transportation" means commuter transportation, and other\nrelated services and facilities, operated by the authority or any of its\nsubsidiaries, including but not limited to such transportation by\nrailroad, omnibus, marine and air, in accordance with this title.\n (b) "Domestic companion animal" means a companion animal or pet as\ndefined in section three hundred fifty of the agriculture and markets\nlaw and shall also mean any other domesticated animal normally\nmaintained in or near the household of the owner or person who cares for\nsuch other domesticated animal. "Pet" or "companion animal" shall not\ninclude a "farm animal", as defined in section three hundred fifty of\nthe agriculture and markets law.\n 2. (a) In the event that a state of emergency has been declared and an\nevacuation of any region of the state is in progress, the owner of a\ndomestic companion animal shall be permitted to board any commuter\ntransportation with such domestic companion animal so long as that\nanimal is under the owner's control by use of a leash or tether, or is\nproperly confined in an appropriate container or by other suitable\nmeans, provided that such boarding is authorized by and consistent with\nthe provisions of state disaster emergency plans or local state of\nemergency plans pertaining to the needs of animals and individuals with\nan animal under their care. The provisions of this section shall only\napply to the owners of domestic companion animals who are evacuating\nfrom a region of the state affected by an emergency or disaster, or a\nlocal state of emergency, as defined in section twenty-four of the\nexecutive law.\n (b) A domestic companion animal may be refused permission to board any\ncommuter transportation, even if the animal is under the owner's control\nor properly confined in accordance with this subdivision if there is\nreasonable cause to believe that, due to attendant circumstances,\npermitting the animal to board would pose a health or safety hazard.\n 3. All passengers with service animals shall be given priority seating\non all means of transportation regulated by this title in accordance\nwith the federal "Americans with Disabilities Act of 1990" (42 U.S.C.\ns.12101 et seq.). For the purposes of this section, "service animal"\nshall have the same meaning as set forth in the federal "Americans with\nDisabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any\nregulations under such act.\n 4. All passengers on any commuter transportation shall be provided\nseating before a domestic companion animal may be placed in a seat.\n 5. The authority is authorized to promulgate and enforce such rules\nand regulations as shall be necessary for the implementation of this\nsection.\n