S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6502
                                   I N  S E N A T E
                                   February 17, 2012
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to the care
         and collection of abandoned animals on vacant property
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 373 of the agriculture and markets law is amended
    2  to by adding two new subdivisions 2-a and 8 to read as follows:
    3    2-A. NOTWITHSTANDING SECTIONS  THIRTEEN  HUNDRED  SEVEN  AND  NINETEEN
    4  HUNDRED  SEVENTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW OR
    5  ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON OR ENTITY WHO  IS
    6  AUTHORIZED  TO  BE  ON  PROPERTY THAT HAS BEEN VACATED AS A RESULT OF AN
    7  EVICTION, PROPERTY FORECLOSURE, FORFEITURE OR  DEFAULT  ON  A  MORTGAGE,
    8  TRUST  DEED  OR  LAND  SALES  CONTRACT, OR ABANDONMENT WHO ENCOUNTERS AN
    9  ABANDONED ANIMAL ON SUCH PROPERTY SHALL PROMPTLY, BUT NOT LATER THAN SIX
   10  HOURS AFTER SUCH ENCOUNTER, NOTIFY THE DOG CONTROL OFFICER, THE  POLICE,
   11  OR AGENT OR OFFICER OF A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
   12  CRUELTY  TO  ANIMALS  ABOUT  SUCH ENCOUNTER, FOR THE PURPOSE OF PROMPTLY
   13  RETRIEVING OR PROVIDING NECESSARY CARE FOR SUCH ANIMAL AT  THE  PROPERTY
   14  UNTIL  THE  ANIMAL  CAN  BE RETRIEVED. ANIMALS REMOVED FROM THE PREMISES
   15  SHALL BE PLACED IN THE CUSTODY OF A POUND, DULY INCORPORATED SOCIETY FOR
   16  THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE  SOCIETY,
   17  OR  DULY  INCORPORATED  ANIMAL  PROTECTIVE  ASSOCIATION AND CARED FOR IN
   18  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,  SECTION  THREE  HUNDRED
   19  SEVENTY-FOUR  OF  THIS  ARTICLE,  SECTION  ONE HUNDRED SEVENTEEN OF THIS
   20  CHAPTER, AND ALL OTHER LAWS AND ORDINANCES THAT GOVERN THE HUMANE TREAT-
   21  MENT OF ANIMALS. FAILURE TO PROVIDE NOTIFICATION AS PROVIDED FOR IN THIS
   22  SUBDIVISION SHALL BE A VIOLATION.
   23    8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
   24  ANY WAY AGENTS OR OFFICERS OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO
   25  ANIMALS  OR  THE POLICE FROM ENFORCING PROVISIONS OF THIS ARTICLE OR ANY
   26  OTHER LAW RELATING TO ABANDONMENT OF ANIMALS OR THE HUMANE TREATMENT  OF
   27  OR CRUELTY TO ANIMALS.
   28    S  2.  This  act  shall take effect on the sixtieth day after it shall
   29  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14580-01-2