2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11 - Metropolitan Commuter Transportation Authority › 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.