N.Y. Public Authorities Law § 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

domestic companion animals. 1. For the purposes of this section:

(a) "Commuter transportation" means commuter transportation, and other

related services and facilities, operated by the authority or any of its

subsidiaries, including but not limited to such transportation by

railroad, omnibus, marine and air, in accordance with this title.

(b) "Domestic companion animal" means a companion animal or pet as

defined in section three hundred fifty of the agriculture and markets

law and shall also mean any other domesticated animal normally

maintained in or near the household of the owner or person who cares for

such other domesticated animal. "Pet" or "companion animal" shall not

include a "farm animal", as defined in section three hundred fifty of

the agriculture and markets law.

2. (a) In the event that a state of emergency has been declared and an

evacuation of any region of the state is in progress, the owner of a

domestic companion animal shall be permitted to board any commuter

transportation with such domestic companion animal so long as that

animal is under the owner's control by use of a leash or tether, or is

properly confined in an appropriate container or by other suitable

means, provided that such boarding is authorized by and consistent with

the provisions of state disaster emergency plans or local state of

emergency plans pertaining to the needs of animals and individuals with

an animal under their care. The provisions of this section shall only

apply to the owners of domestic companion animals who are evacuating

from a region of the state affected by an emergency or disaster, or a

local state of emergency, as defined in section twenty-four of the

executive law.

(b) A domestic companion animal may be refused permission to board any

commuter transportation, even if the animal is under the owner's control

or properly confined in accordance with this subdivision if there is

reasonable cause to believe that, due to attendant circumstances,

permitting the animal to board would pose a health or safety hazard.

3. All passengers with service animals shall be given priority seating

on all means of transportation regulated by this title in accordance

with the federal "Americans with Disabilities Act of 1990" (42 U.S.C.

s.12101 et seq.). For the purposes of this section, "service animal"

shall have the same meaning as set forth in the federal "Americans with

Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any

regulations under such act.

4. All passengers on any commuter transportation shall be provided

seating before a domestic companion animal may be placed in a seat.

5. The authority is authorized to promulgate and enforce such rules

and regulations as shall be necessary for the implementation of this

section.