Relates to the treatment and disposition of lost, stray or homeless animals.
Sponsor: Paulin
Committee: CODES
Law Section: Agriculture and Markets Law
Law: Amd SS113, 117, 373, 374 & 350, Ag & Mkts L
Law Section: Agriculture and Markets Law
Law: Amd SS113, 117, 373, 374 & 350, Ag & Mkts L
A5449A-2011 Actions
- Jun 1, 2012: enacting clause stricken
- Apr 16, 2012: print number 5449c
- Apr 16, 2012: amend and recommit to codes
- Mar 14, 2012: print number 5449b
- Mar 14, 2012: amend and recommit to codes
- Feb 15, 2012: reported referred to codes
- Jan 4, 2012: referred to agriculture
- Nov 16, 2011: print number 5449a
- Nov 16, 2011: amend (t) and recommit to agriculture
- Feb 18, 2011: referred to agriculture
A5449A-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
5449--A
2011-2012 Regular Sessions
I N ASSEMBLY
February 18, 2011
___________
Introduced by M. of A. PAULIN, MARKEY, SWEENEY, TITONE, ENGLEBRIGHT,
MOYA, ORTIZ, N. RIVERA, GABRYSZAK -- Multi-Sponsored by -- M. of A.
BOYLAND, CAHILL, GOTTFRIED, McENENY, MILLMAN, SCHIMEL, TEDISCO, THIELE
-- read once and referred to the Committee on Agriculture -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to the
treatment and disposition of lost, stray or homeless animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 113 of the agriculture and markets
law, as amended by section 8 of part T of chapter 59 of the laws of
2010, is amended to read as follows:
4. Every dog control officer, peace officer, when acting pursuant to
[his] THE OFFICER'S special duties or police officer, OR SUCH OFFICER'S
AGENT, FOLLOWING ANY SEIZURE OF A DOG, OR ANY DULY INCORPORATED SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
ETY, POUND OR SHELTER TAKING POSSESSION OF SUCH DOG shall [promptly
make]:
(A) AS SOON AS PRACTICABLE TAKE STEPS TO (1) CHECK THE DOG FOR ALL
CURRENTLY POSSIBLE FORMS OF IDENTIFICATION INCLUDING, BUT NOT LIMITED
TO, TAGS, MICROCHIPS, TATTOOS OR LICENSES; (2) COMPARE THE INFORMATION
KNOWN ABOUT THE DOG WITH RECORDS OF DOGS REPORTED TO BE LOST OR STOLEN
PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS ARTICLE; (3) MAKE AVAIL-
ABLE TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAINTAINED BY OR OTHER-
WISE MADE AVAILABLE TO SUCH OFFICER, DULY INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY,
POUND OR SHELTER BY THE MUNICIPAL OR COUNTY GOVERNMENT IN WHICH SUCH
OFFICER OR ORGANIZATION IS LOCATED, OR ORGANIZATION APPROVED PURSUANT TO
SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER,
AT LEAST DURING THE REDEMPTION PERIOD, A PHOTOGRAPH, IF PRACTICABLE, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03308-14-1
A. 5449--A 2
A GENERAL DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS IN FIND-
ING THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN, THOUGH INFORMATION
ABOUT THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE FIND-
ING THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY OF THE DOG. THE
NOTICE REQUIRED BY THIS PARAGRAPH MAY BE MADE BY MEANS OTHER THAN THE
INTERNET IF USE OF THE INTERNET IS IMPRACTICABLE.
(B) AS SOON AS PRACTICABLE AFTER THE OWNER OR OWNERS OF A DOG HAVE
BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH DOG PERSONALLY OR BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE FACTS OF THE DOG'S
IMPOUNDMENT AND THE PROCEDURE FOR REDEMPTION. IF NOTIFICATION IS
PERSONALLY GIVEN, SUCH DOG SHALL BE HELD FOR A PERIOD OF SEVEN DAYS
AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE DOG MAY BE REDEEMED BY
THE OWNER OR OWNERS. IF SUCH NOTIFICATION IS MADE BY MAIL, SUCH DOG
SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE DATE OF MAILING, DURING
WHICH PERIOD THE DOG MAY BE REDEEMED BY THE OWNER OR OWNERS. IN EITHER
CASE, THE OWNER OR OWNERS MAY REDEEM SUCH DOG UPON PAYMENT OF THE
IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF SECTION ONE HUNDRED
SEVENTEEN OF THIS ARTICLE AND BY PRODUCING PROOF THAT SUCH DOG HAS BEEN
LICENSED.
(C) MAKE and maintain a complete record of any seizure and subsequent
disposition of any dog. Such record shall include, but not be limited
to, [a description of] ANY IDENTIFICATION FOUND ON the dog, INCLUDING
TAG, MICROCHIP, TATTOO OR LICENSE NUMBERS, THE BREED OR BREEDS, IF
KNOWN, APPROXIMATE SIZE AND WEIGHT, COLORING AND IDENTIFYING MARKS ON
THE DOG, the date and hour of seizure, the official identification
number of such dog, if any, the location where seized, the reason for
seizure, and the owner's name and address, if known.
S 2. Subdivisions 3, 4 and 11 of section 117 of the agriculture and
markets law, subdivisions 3 and 11 as added by chapter 220 of the laws
of 1978, such section as renumbered and subdivision 4 as amended by
section 12 of part T of chapter 59 of the laws of 2010, are amended to
read as follows:
3. [Each] FOR EACH dog seized in accordance with the provisions of
this article, THE DOG CONTROL OFFICER OR PEACE OFFICERS, ACTING PURSUANT
TO THEIR SPECIAL DUTIES, OR POLICE OFFICER IN THE EMPLOY OF OR UNDER
CONTRACT TO A MUNICIPALITY, OR ANY DULY INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY,
POUND OR SHELTER TAKING POSSESSION OF SUCH DOG, IN ADDITION TO COMPLYING
WITH THE PROVISIONS OF SUBDIVISION FOUR OF SECTION ONE HUNDRED THIRTEEN
OF THIS ARTICLE, shall [be]:
(A) INSPECT EACH DOG AS SOON AS PRACTICABLE FOLLOWING ANY SEIZURE AND
ENSURE DOGS ARE PROVIDED AT LEAST FOR THE REDEMPTION PERIOD WITH CARE
AND TREATMENT TO RELIEVE ANY PAIN AND SUFFERING, INCLUDING NECESSARY
IMMEDIATE VETERINARY CARE AND TREATMENT AND PARASITE CONTROL, AND APPRO-
PRIATE VACCINATIONS, AND
(B) properly [sheltered] SHELTER, [fed] FEED and [watered for the
redemption period as hereinafter provided] PROVIDE WATER.
4. Each dog which is not identified, whether or not licensed, shall be
held AT LEAST for a period of five days from the day seized during which
period the OFFICER, SOCIETY, POUND OR SHELTER SHALL COMPLY WITH THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, AND IN THE EVENT THE
OWNER OR OWNERS IS IDENTIFIED, THE HOLDING PERIOD SHALL BE EXTENDED
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED
THIRTEEN OF THIS ARTICLE. THE dog may be redeemed by its owner, provided
that such owner produces proof that the dog has been licensed and has
A. 5449--A 3
been identified pursuant to the provisions of this article and further
provided that the owner pays the following impoundment fees:
(a) not less than ten dollars for the first impoundment of any dog
owned by that person;
(b) not less than twenty dollars for the first twenty-four hours or
part thereof and three dollars for each additional twenty-four hours or
part thereof for the second impoundment, within one year of the first
impoundment, of any dog owned by that person; or
(c) not less than thirty dollars for the first twenty-four hours or
part thereof and three dollars for each additional twenty-four hours or
part thereof for the third and subsequent impoundments, within one year
of the first impoundment, of any dog owned by that person.
The impoundment fees set forth in paragraphs (a), (b) and (c) of this
subdivision notwithstanding, any municipality may set by local law or
ordinance such fees in any amount.
11. No liability in damages or otherwise shall be incurred on account
of the seizure, euthanization or adoption of any dog pursuant to the
provisions of this article, OR ON ACCOUNT OF THE TRANSFER OF ANY DOG TO
A RESCUE ORGANIZATION PURSUANT TO THIS ARTICLE AND SECTION THREE HUNDRED
SEVENTY-FOUR OF THIS CHAPTER.
S 3. Section 373 of the agriculture and markets law is amended by
adding a new subdivision 1-b to read as follows:
1-B. ANY PEACE OFFICER, WHEN ACTING PURSUANT TO THE OFFICER'S SPECIAL
DUTIES, POLICE OFFICER, OR SUCH OFFICER'S AGENT, ANY DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED
HUMANE SOCIETY, POUND OR SHELTER, TAKING POSSESSION OF A LOST, STRAY OR
HOMELESS ANIMAL UNDER THE PROVISIONS OF THIS SECTION, SHALL:
A. AS SOON AS PRACTICABLE AFTER TAKING POSSESSION OF AN ANIMAL TAKE
STEPS TO:
(1) CHECK THE ANIMAL FOR ALL CURRENTLY POSSIBLE FORMS OF IDENTIFICA-
TION INCLUDING, BUT NOT LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR
LICENSES;
(2) COMPARE THE INFORMATION KNOWN ABOUT THE ANIMAL WITH RECORDS OF
ANIMALS REPORTED TO BE LOST OR STOLEN PURSUANT TO SECTION ONE HUNDRED
TWELVE OF THIS CHAPTER;
(3) MAKE AVAILABLE TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN-
TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED
HUMANE SOCIETY, POUND OR SHELTER BY THE MUNICIPAL OR COUNTY GOVERNMENT
IN WHICH SUCH OFFICER OR ORGANIZATION IS LOCATED, OR ORGANIZATION
APPROVED PURSUANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED SEVEN-
TY-FOUR OF THIS ARTICLE, AT LEAST DURING THE REDEMPTION PERIOD, A PHOTO-
GRAPH, IF PRACTICABLE, AND A GENERAL DESCRIPTION OF THE ANIMAL TO ASSIST
THE OWNER OR OWNERS IN FINDING THE ANIMAL, INCLUDING THE SPECIES, TYPE,
AND BREED OR BREEDS, IF KNOWN, THOUGH INFORMATION ABOUT THE ANIMAL MAY
BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE FINDING THE OWNER OR
OWNERS OR OTHERWISE TO PROTECT THE SAFETY OF THE ANIMAL. THE NOTICE
REQUIRED BY THIS SUBPARAGRAPH MAY BE MADE BY MEANS OTHER THAN THE INTER-
NET IF USE OF THE INTERNET IS IMPRACTICABLE.
B. INSPECT EACH SUCH ANIMAL AS SOON AS PRACTICABLE AFTER TAKING
POSSESSION AND PROVIDE THE ANIMAL AT LEAST FOR THE REDEMPTION PERIOD
WITH CARE AND TREATMENT TO RELIEVE ANY PAIN AND SUFFERING, INCLUDING
NECESSARY IMMEDIATE VETERINARY CARE AND TREATMENT AND PARASITE CONTROL,
AND APPROPRIATE VACCINATIONS;
C. PROPERLY SHELTER, FEED, AND PROVIDE WATER TO THE ANIMAL;
A. 5449--A 4
D. AS SOON AS PRACTICABLE AFTER THE OWNER OR OWNERS OF AN ANIMAL HAS
BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH ANIMAL PERSONALLY OR
BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE FACTS OF THE
ANIMAL'S IMPOUNDMENT AND THE PROCEDURE FOR REDEMPTION. IF NOTIFICATION
IS PERSONALLY GIVEN, SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF SEVEN
DAYS AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE ANIMAL MAY BE
REDEEMED BY THE OWNER OR OWNERS. IF SUCH NOTIFICATION IS MADE BY MAIL,
SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE DATE OF
MAILING, DURING WHICH PERIOD THE ANIMAL MAY BE REDEEMED BY THE OWNER OR
OWNERS. IN EITHER CASE, THE OWNER OR OWNERS MAY REDEEM SUCH ANIMAL UPON
PAYMENT OF THE IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF
SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER AND IN THE CASE OF A DOG,
BY PRODUCING PROOF THAT THE DOG HAS BEEN LICENSED; AND
E. MAKE AND MAINTAIN A COMPLETE RECORD OF THE INTAKE AND SUBSEQUENT
DISPOSITION OF SUCH ANIMAL. SUCH RECORD SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, ANY IDENTIFICATION FOUND ON THE ANIMAL, INCLUDING TAG, MICROCHIP,
TATTOO OR LICENSE NUMBERS, THE SPECIES, TYPE OR BREED OR BREEDS, IF
KNOWN, APPROXIMATE SIZE AND WEIGHT, COLORING AND IDENTIFYING MARKS ON
THE ANIMAL, THE DATE AND HOUR OF INTAKE, THE OFFICIAL IDENTIFICATION
NUMBER OF SUCH ANIMAL, THE LOCATION WHERE FOUND, THE REASON FOR INTAKE,
AND THE OWNER'S NAME AND ADDRESS, IF KNOWN.
F. EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, WHERE THE OWNER OR
OWNERS OF AN ANIMAL HAS NOT BEEN IDENTIFIED, HOLD SUCH ANIMAL, WHETHER
OR NOT LICENSED, AT LEAST FOR A REDEMPTION PERIOD OF FIVE DAYS, DURING
WHICH PERIOD THE OFFICER, SOCIETY, POUND OR SHELTER SHALL COMPLY WITH
PARAGRAPHS A THROUGH E OF THIS SUBDIVISION. IN THE EVENT THE OWNER OR
OWNERS IS IDENTIFIED, THE HOLDING PERIOD SHALL BE EXTENDED PURSUANT TO
PARAGRAPH D OF THIS SUBDIVISION. THE ANIMAL MAY BE REDEEMED BY ITS OWNER
OR OWNERS, UPON PAYMENT OF THE IMPOUNDMENT FEES PRESCRIBED BY SUBDIVI-
SION FOUR OF SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER AND IN THE
CASE OF A DOG, BY PRODUCING PROOF THAT THE DOG HAS BEEN LICENSED OR BY
PURCHASING A LICENSE AT THE SOCIETY, ANIMAL SHELTER, OR POUND FROM WHICH
THE OWNER OR OWNERS IS REDEEMING SUCH DOG. NOTWITHSTANDING THE FOREGO-
ING, ANIMALS MAY BE PLACED SOONER THAN FIVE DAYS WITH AN ANIMAL RESCUE
ORGANIZATION OR INDIVIDUAL ON THE LIST AS PROVIDED IN SUBDIVISION THREE
OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE, SUBJECT TO
REDEMPTION BY THE OWNER OR OWNERS AS DESCRIBED IN THIS PARAGRAPH.
S 4. Section 374 of the agriculture and markets law, as added by chap-
ter 545 of the laws of 1971, subdivisions 1 and 2 as amended by chapter
449 of the laws of 2010, subdivisions 3 and 4 as added, paragraph e of
subdivision 8 as amended and subdivisions 7 and 8 as renumbered by chap-
ter 479 of the laws of 2009, subdivisions 5 and 6 as amended by chapter
83 of the laws of 2011, subdivision 8 as added by chapter 569 of the
laws of 1995, paragraph a of subdivision 8 as amended by chapter 594 of
the laws of 2003 and paragraph b of subdivision 8 as amended by chapter
419 of the laws of 2010, is amended to read as follows:
S 374. Humane destruction or other disposition of animals lost,
strayed, homeless, abandoned or improperly confined or kept. 1. Any
agent or officer of any duly incorporated humane society, a duly incor-
porated society for the prevention of cruelty to animals, any dog
control officer, or any police officer, may lawfully cause to be humane-
ly destroyed (by means provided for in paragraph a of subdivision
[three] FOUR of this section) any animal found abandoned [and], OR not
properly cared for, or any lost, strayed, homeless or unwanted animal[,]
if upon examination a licensed veterinarian shall certify in writing, or
A. 5449--A 5
if two reputable citizens called upon by such agent, officer or police
officer to view the same in his or her presence find:
A. that the animal is so maimed, diseased, disabled, or infirm so as
to be [unfit for any useful purpose] SUFFERING IRREMEDIABLE PHYSICAL OR
PSYCHOLOGICAL PAIN and that humane euthanasia is warranted; or [after
such agent, officer or police officer has obtained in writing from the
owner of such animal his or her consent to such destruction]
B. THAT HUMANE EUTHANASIA IS NECESSARY TO ALLEVIATE A CONTAGIOUS,
DEADLY HEALTH CONDITION; OR
C. EXCEPT AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, THE OWNER
OF SUCH ANIMAL HAS GIVEN HIS OR HER WRITTEN CONSENT TO SUCH DESTRUCTION
TO SUCH AGENT, OFFICER OR POLICE OFFICER.
2. In the absence of such findings or certification, a duly incorpo-
rated humane society, a duly incorporated society for the prevention of
cruelty to animals, ANIMAL SHELTER, or any pound maintained by or under
contract or agreement with any county, city, town or village may after
five days make available for adoption, PLACE WITH AN ORGANIZATION ON A
LIST OF APPROVED ORGANIZATIONS THAT IS MAINTAINED PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION or have humanely destroyed SUBJECT TO AND in
accordance with the provisions of this section and [subject to] PARA-
GRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED THIRTEEN, AND
subdivisions FOUR, six, eight and nine of section one hundred [eighteen]
SEVENTEEN of this chapter, AND PARAGRAPHS D AND E OF SUBDIVISION ONE-B
OF SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTICLE, any animal of
which possession is taken as provided for in the preceding section,
unless the same is earlier redeemed by its owner.
3. a. ANY IMPOUNDING ORGANIZATION, AS DEFINED IN SUBDIVISION SIX OF
SECTION THREE HUNDRED FIFTY OF THIS ARTICLE, SHALL MAINTAIN A LIST OF
APPROVED ANIMAL RESCUE ORGANIZATIONS WILLING TO ACCEPT ANIMALS FOR THE
PURPOSE OF ADOPTION, INCLUDING BREED-SPECIFIC RESCUES, OR TO PROVIDE THE
ANIMALS WITH APPROPRIATE LONG-TERM PLACEMENT AND CARE.
B. THE LIST SHALL INCLUDE THE FOLLOWING INFORMATION ABOUT EACH SUCH
ORGANIZATION:
(1) NAME, ADDRESS, PHONE NUMBER OR NUMBERS AND EMAIL ADDRESS OR
ADDRESSES; AND NAME OR NAMES AND CONTACT INFORMATION FOR THE PRIMARY
PERSON TO BE CONTACTED PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION,
AND FOR ONE ADDITIONAL PERSON TO SERVE AS A SECONDARY PERSON IN THE
EVENT THE PRIMARY PERSON IS UNAVAILABLE;
(2) SPECIES, TYPES AND BREEDS OF ANIMALS THE ORGANIZATION IS WILLING
TO ACCEPT;
(3) ANY RESOURCES AVAILABLE TO THE ORGANIZATION INCLUDING VETERINARY,
REHABILITATIVE OR OTHER CARE; CARE FOR SPECIAL-NEEDS ANIMALS, TRAINING
OR BEHAVIOR MODIFICATION PROGRAMS, INCLUDING THE NAMES AND CREDENTIALS
OF TRAINERS OR BEHAVIORISTS; OR APPROPRIATE SANCTUARY OR LONG-TERM
PLACEMENT AND CARE;
(4) RECORD OF THE ORGANIZATION'S DESIGNATION UNDER SECTION 501(C)(3)
OF THE INTERNAL REVENUE CODE.
C. ANIMAL RESCUE ORGANIZATIONS THAT ARE DESIGNATED UNDER SECTION
501(C)(3) OF THE INTERNAL REVENUE CODE MAY BE MAINTAINED ON THE LIST BY
PROVIDING CURRENT INFORMATION AS SET FORTH IN PARAGRAPH B OF THIS SUBDI-
VISION AND SUBJECT TO APPROVAL BY THE IMPOUNDING ORGANIZATION AS SET
FORTH IN THIS SUBDIVISION. IT SHALL BE THE RESPONSIBILITY OF THE ANIMAL
RESCUE ORGANIZATION TO PROVIDE THE IMPOUNDING ORGANIZATIONS WITH CURRENT
INFORMATION REQUIRED BY PARAGRAPH B OF THIS SUBDIVISION.
D. THE IMPOUNDING ORGANIZATION SHALL MAKE THE CURRENT LIST OF ANIMAL
RESCUE ORGANIZATIONS AVAILABLE TO ALL STAFF AND THE PUBLIC ON THE INTER-
A. 5449--A 6
NET ON A WEBSITE MAINTAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH
IMPOUNDING ORGANIZATION BY THE MUNICIPAL OR COUNTY GOVERNMENT IN WHICH
SUCH IMPOUNDING ORGANIZATION IS LOCATED, OR ANIMAL RESCUE ORGANIZATION
APPROVED PURSUANT TO THIS SUBDIVISION. THE NOTICE REQUIRED BY THIS PARA-
GRAPH MAY BE MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE INTER-
NET IS IMPRACTICABLE.
E. EXCEPT AS SET FORTH IN PARAGRAPH M OF THIS SUBDIVISION, IN CONSID-
ERING WHETHER TO INCLUDE AN ANIMAL RESCUE ORGANIZATION ON THE LIST, THE
IMPOUNDING ORGANIZATION SHALL CONSIDER WHETHER SUCH ANIMAL RESCUE ORGAN-
IZATION: (1) HAS THE RESOURCES TO PROVIDE AND WILL PROVIDE THE ANIMALS
REQUESTED TO BE TRANSFERRED WITH CLEAN, SANITARY AND ADEQUATE SHELTER,
FOOD, AND WATER, APPROPRIATE EXERCISE, NECESSARY VETERINARY CARE AND
TREATMENT, INCLUDING VACCINATIONS AND PARASITE CONTROL, AND A SAFE ENVI-
RONMENT; (2) MAINTAINS A PROTOCOL FOR CONTAINING AND MANAGING CONTAGIOUS
ILLNESS AND DISEASE; (3) MAINTAINS AN ACTIVE ADOPTION OR PLACEMENT
PROGRAM OR FACILITIES APPROPRIATE FOR LONG-TERM PLACEMENT; (4) MANAGES
ANIMALS TO MINIMIZE RISK OF INJURY TO THE ANIMALS AND THE PUBLIC; (5)
MANAGES ITS OPERATIONS SO THAT ANIMALS ARE NOT AT RISK FOR ABUSE OR
NEGLECT OR FOR USE IN ANIMAL FIGHTING OR RESEARCH, EXPERIMENTATION OR
TESTING; (6) HAS KNOWINGLY MADE ANY MATERIAL MISREPRESENTATIONS OR MATE-
RIAL FALSE STATEMENTS TO THE IMPOUNDING ORGANIZATION; AND (7) AVOIDS
BEHAVIOR THAT IS ABUSIVE TO THE IMPOUNDING ORGANIZATION'S STAFF OR
DISRUPTS OR INTERFERES WITH THE IMPOUNDING ORGANIZATION'S LAWFUL OPER-
ATIONS.
F. THE IMPOUNDING ORGANIZATION SHALL HAVE THE RIGHT TO INSPECT THE
FACILITIES, ANIMAL MAINTENANCE RECORDS AND ANIMALS OF THE ANIMAL RESCUE
ORGANIZATION, INCLUDING REQUESTING TO VISIT FOSTER HOMES, FROM TIME TO
TIME, AT REASONABLE TIMES, TO DETERMINE WHETHER THE ANIMAL RESCUE ORGAN-
IZATION SHOULD BE APPROVED AND ALSO MAINTAINED ON THE LIST. THE ANIMAL
RESCUE ORGANIZATION SHALL COOPERATE IN PROVIDING INFORMATION THE
IMPOUNDING ORGANIZATION MAY REASONABLY REQUIRE TO MAKE THE DETERMINATION
DESCRIBED IN THIS SUBDIVISION. THE FIRST SUCH INSPECTION TO QUALIFY THE
ANIMAL RESCUE ORGANIZATION FOR THE LIST INITIALLY MUST BE COMPLETED
WITHIN FORTY-FIVE DAYS OF THE DATE THE ANIMAL RESCUE ORGANIZATION
SUBMITS A REQUEST FOR INCLUSION ON THE LIST AND INFORMATION AS DESCRIBED
IN PARAGRAPHS B AND C OF THIS SUBDIVISION.
G. THE APPROVAL OF THE IMPOUNDING ORGANIZATION SHALL NOT BE UNREASON-
ABLY WITHHELD. THE IMPOUNDING ORGANIZATION SHALL STATE IN WRITING,
SIGNED BY THE MANAGING DIRECTOR OR OFFICER, OR THE APPOINTED AGENT OF
THE MANAGING DIRECTOR OR OFFICER, THE REASONS WHY AN ANIMAL RESCUE
ORGANIZATION DOES NOT MEET THE CRITERIA SET FORTH IN PARAGRAPH F OF THIS
SUBDIVISION AND IS NOT APPROVED OR IS NOT APPROVED FOR SOME OR ALL
ANIMALS, OR HAS BEEN REMOVED FROM THE LIST. THE REASONS, INCLUDING ANY
ACTS OR OMISSIONS, THAT HAVE RESULTED IN DISAPPROVAL, SHOULD BE STATED
WITH SUFFICIENT SPECIFICITY TO INFORM THE ANIMAL RESCUE ORGANIZATION OF
THE PARTICULAR CRITERIA THAT HAVE NOT BEEN MET AND ANY ACTS OR OMISSIONS
THAT HAVE RESULTED IN DISAPPROVAL, AND THE ACTIONS REQUIRED FOR
APPROVAL, IF POSSIBLE. AS SOON AS PRACTICABLE, A COPY OF SUCH WRITTEN
DOCUMENT SHALL BE PROVIDED TO THE ANIMAL RESCUE ORGANIZATION THAT IS NOT
APPROVED OR THAT HAS BEEN REMOVED FROM THE LIST.
H. THE ANIMAL RESCUE ORGANIZATION THAT IS NOT APPROVED OR REMOVED FROM
THE LIST PURSUANT TO PARAGRAPHS E, F AND G OF THIS SUBDIVISION, MAY, AT
ANY TIME, DEMONSTRATE THAT THE REASONS STATED FOR DENYING APPROVAL HAVE
BEEN REMEDIED AND REQUEST APPROVAL FOR PLACEMENT ON THE LIST AS PROVIDED
IN THIS SUBDIVISION. THE IMPOUNDING ORGANIZATION SHALL COOPERATE BY
PROVIDING REINSPECTIONS, IF NECESSARY, AS SOON AS PRACTICABLE AFTER A
A. 5449--A 7
REQUEST FOR RECONSIDERATION BY THE ANIMAL RESCUE ORGANIZATION, TO DETER-
MINE IF THE ANIMAL RESCUE ORGANIZATION IS APPROVED. A DECISION TO
CONTINUE TO DENY APPROVAL TO SUCH ANIMAL RESCUE ORGANIZATION MUST BE IN
WRITING CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH G OF THIS SUBDIVI-
SION AND A COPY OF SAME PROVIDED TO THE ORGANIZATION. AN IMPOUNDING
ORGANIZATION SHALL NOT BE REQUIRED TO CONSIDER AN ANIMAL RESCUE ORGAN-
IZATION FOR PLACEMENT ON THE LIST MORE THAN TWICE ANNUALLY.
I. NO ANIMAL SHALL BE EUTHANIZED AS DESCRIBED IN SUBDIVISION TWO OF
THIS SECTION UNLESS THE IMPOUNDING ORGANIZATION CERTIFIES IN WRITING
SIGNED BY THE IMPOUNDING ORGANIZATION'S MANAGING DIRECTOR OR OFFICER, OR
THE APPOINTED AGENT OF THE MANAGING DIRECTOR OR OFFICER, THAT: (1) THE
IMPOUNDING ORGANIZATION HAS CONTACTED EACH OF THE ANIMAL RESCUE ORGAN-
IZATIONS APPROVED FOR THE SPECIES, TYPE OR BREED OF ANIMAL; AND (2) THAT
NONE OF THE ANIMAL RESCUE ORGANIZATIONS CONTACTED WERE WILLING AND ABLE
TO ACCEPT TRANSFER OF THE ANIMAL, OR IF AN ANIMAL RESCUE ORGANIZATION
CONTACTED DID NOT RESPOND OR FAILED TO PICK UP OR ACCEPT TRANSFER OF AN
ANIMAL AFTER AGREEING TO DO SO, THAT THE ANIMAL RESCUE ORGANIZATION WAS
CONTACTED AT THE METHODS OF CONTACT PROVIDED IN THE LIST PURSUANT TO
SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION, AND AT THE END OF
THE REDEMPTION PERIOD OR AFTER TWO DAYS FOLLOWING THE LAST CONTACT, NOT
INCLUDING THE DAY OF CONTACT, WHICHEVER IS LONGER, THERE WAS NO RESPONSE
OR NO CONFIRMATION THAT THE ANIMAL RESCUE ORGANIZATION WAS WILLING AND
ABLE TO ACCEPT TRANSFER OF THE ANIMAL, OR THE ANIMAL RESCUE ORGANIZATION
FAILED TO PICK UP OR ACCEPT TRANSFER OF THE ANIMAL. A COPY OF SUCH
CERTIFICATION SHALL BE MAINTAINED FOR TWO YEARS AND AVAILABLE TO THE
PUBLIC UPON REQUEST. THIS PARAGRAPH SHALL NOT APPLY TO EUTHANASIA
PERFORMED PURSUANT TO SUBDIVISIONS ONE AND FIVE OF THIS SECTION. AN
IMPOUNDING ORGANIZATION IS NOT REQUIRED TO CONTACT AN ANIMAL RESCUE
ORGANIZATION ON THE LIST ABOUT TAKING ANIMALS THAT ARE A SPECIES, TYPE
OR BREED THAT THE ANIMAL RESCUE ORGANIZATION DID NOT PREVIOUSLY INDICATE
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH B OF THIS SUBDIVISION THAT
THEY WOULD ACCEPT, OR ARE ANIMALS FOR WHICH THE IMPOUNDING ORGANIZATION
DID NOT APPROVE THE ANIMAL RESCUE ORGANIZATION.
J. THE IMPOUNDING ORGANIZATION MAY CHARGE A REASONABLE ADOPTION FEE
FOR EACH ANIMAL TRANSFERRED TO AN ANIMAL RESCUE ORGANIZATION ON THE LIST
AND WHICH DOES NOT EXCEED THE ADOPTION FEE THAT WOULD BE CHARGED TO
ADOPTERS.
K. AN ANIMAL THAT HAS BEEN DETERMINED BY A COURT HAVING COMPETENT
JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
HUNDRED TWENTY-THREE OF THIS CHAPTER, SHALL BE ELIGIBLE ONLY FOR TRANS-
FER TO AN ANIMAL RESCUE ORGANIZATION THAT CAN MEET THE REQUIREMENTS AS
ORDERED BY A COURT UNDER SECTION ONE HUNDRED TWENTY-THREE OF THIS CHAP-
TER FOR THE CARE AND HANDLING OF SUCH ANIMAL.
L. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANIMALS THAT
IMPOUNDING ORGANIZATIONS HAVE ACCEPTED FROM OWNERS ONLY FOR THE PURPOSE
OF HUMANE EUTHANASIA.
M. IMPOUNDING ORGANIZATIONS MAY BUT ARE NOT REQUIRED TO INCLUDE ON THE
LIST ANIMAL RESCUE ORGANIZATIONS LOCATED OUTSIDE OF THE IMPOUNDING
ORGANIZATION'S COUNTY OR ADJOINING COUNTIES IN THE STATE OF NEW YORK.
N. NOTWITHSTANDING THE REQUIREMENTS OF THIS SUBDIVISION, IMPOUNDING
ORGANIZATIONS THAT IMPOUNDED, SEIZED, OR OTHERWISE TOOK IN FEWER THAN
ONE HUNDRED ANIMALS IN THE PRECEDING CALENDAR YEAR SHALL NOT BE REQUIRED
TO MAINTAIN MORE THAN THREE ANIMAL RESCUE ORGANIZATIONS ON THE LIST AT
ANY TIME.
4. A. Except as provided in subdivision [four] FIVE of this section,
euthanasia of animals pursuant to this section shall be accomplished
A. 5449--A 8
solely by means of injection of sodium pentobarbital or sodium pentobar-
bital solution administered by a certified euthanasia technician, a
licensed veterinarian or a licensed veterinary technician. Euthanasia
by intracardiac injection of sodium pentobarbital or sodium pentobarbi-
tal solution shall be performed only upon animals that are heavily
sedated, anesthetized, or comatose. However, only a licensed veterinari-
an may perform euthanasia by intracardiac injection of sodium pentobar-
bital or sodium pentobarbital solution upon animals that are not heavily
sedated, anesthetized or comatose and only when such licensed veterina-
rian determines that such intracardiac injection is the most humane
option available. Whenever a cardiac injection of sodium pentobarbital
or sodium pentobarbital solution is administered by a licensed veterina-
rian upon an animal that is not heavily sedated, anesthetized or coma-
tose, such veterinarian must document, in writing, the administration of
such injection and the reason for its administration. Such documentation
shall be retained for at least three years. Under no circumstances shall
intracardiac injection be performed on animals that are not heavily
sedated, anesthetized or comatose where such animals are under the care
of any duly incorporated society for the prevention of cruelty to
animals, animal shelter, humane society or pound.
b. No animal shall be left unattended between the time that the eutha-
nasia procedure begins and the time when death is confirmed. The body of
a euthanized animal shall not be disposed of in any manner until death
is confirmed by a licensed veterinarian, a certified euthanasia techni-
cian or a licensed veterinary technician. Violations of this paragraph
shall be punishable by a civil penalty of not more than five hundred
dollars.
The department of health shall promulgate regulations deemed necessary
for implementation of the provisions of this subdivision, including
regulations governing the training and certification of certified eutha-
nasia technicians.
[4.] 5. a. Any method of euthanasia other than that provided for in
subdivision [three] FOUR of this section is prohibited except that
euthanasia of an animal by gunshot is permissible as an emergency meas-
ure for an animal that is posing an imminent threat of serious physical
injury to a person or to another animal as provided in section one
hundred [twenty-one-a] TWENTY-THREE-A of this chapter and where the use
of a humane method of euthanasia prescribed in this section is rendered
impossible or where a severely injured animal is suffering and cannot
otherwise be aided.
b. Within ninety days of the effective date of this subdivision, any
chamber used to induce hypoxia by means of a lethal gas shall be disman-
tled, rendered inoperable and beyond repair, and removed from the prem-
ises. Violations of this paragraph shall be punishable by a civil penal-
ty of not more than five hundred dollars.
[5.] 6. No person shall release any [dog or cat] ANIMAL from the
custody or control of any pound, shelter, DULY INCORPORATED society for
the prevention of cruelty to animals, DULY INCORPORATED humane society,
[dog] DULY INCORPORATED ANIMAL protective association, dog OR ANIMAL
control officer, peace officer or any agent thereof, for any purpose
except adoption or redemption by its owner, PLACEMENT WITH AN ANIMAL
RESCUE ORGANIZATION ON A LIST MAINTAINED PURSUANT TO SUBDIVISION THREE
OF THIS SECTION, OR PLACEMENT FOR THE PURPOSE OF PROVIDING TEMPORARY
SHELTER PENDING RESOLUTION OF LITIGATION INVOLVING SUCH ANIMAL;
provided, however, that after the time for redemption has expired,
release may be made to another such [pound, duly incorporated society
A. 5449--A 9
for the prevention of cruelty to animals, duly incorporated humane soci-
ety or duly incorporated animal protective association] IMPOUNDING
ORGANIZATION for the sole purpose of placing such animal in an adoptive
home when such action is reasonably believed to improve the opportunity
for adoption. Notwithstanding the penalties set forth in paragraph b of
subdivision [three] FOUR of this section and paragraph b of subdivision
[four] FIVE of this section, any violation of this subdivision, subdivi-
sion two, [three or] four, OR FIVE of this section, shall constitute a
misdemeanor and shall be punishable by imprisonment for not more than
one year, or by a fine of not more than one thousand dollars, or by
both.
[6.] 7. In lieu of such destruction, redemption or other disposition
pursuant to this section, such [pound, shelter, or society] IMPOUNDING
ORGANIZATION may, in its discretion, lawfully and without liability,
deliver such animal for adoption to an individual other than the owner
OR AN ANIMAL RESCUE ORGANIZATION ON THE IMPOUNDING ORGANIZATION'S LIST
AS REQUIRED BY THIS SECTION after the time for redemption has expired.
[7.] 8. Prior to such destruction or other disposition, the owner of
the animal may redeem the same upon proving title to the satisfaction of
such society and paying such society such amount, approved by a magis-
trate, as may have been reasonably expended by such society in
connection with the care and maintenance thereof.
[8.] 9. a. In addition to any other penalty provided by law, upon
conviction for any violation of section three hundred fifty-one, three
hundred fifty-three, three hundred fifty-three-a, three hundred fifty-
three-b, three hundred fifty-five, three hundred fifty-six, three
hundred fifty-nine, three hundred sixty, three hundred sixty-one, three
hundred sixty-five or three hundred sixty-eight of this article, the
convicted person may, after a duly held hearing pursuant to paragraph f
of this subdivision, be ordered by the court to forfeit, to a duly
incorporated society for the prevention of cruelty to animals or a duly
incorporated humane society or authorized agents thereof, the animal or
animals which are the basis of the conviction. Upon such an order of
forfeiture, the convicted person shall be deemed to have relinquished
all rights to the animals which are the basis of the conviction, except
those granted in paragraph d of this subdivision.
b. Pursuant to the provisions of subdivisions two, three, four [and],
five, AND SIX of this section, no animal in the custody of a duly incor-
porated society for the prevention of cruelty to animals, a duly incor-
porated humane society, duly incorporated animal protective association,
ANIMAL SHELTER OR pound or its authorized agents thereof, OR AN ANIMAL
RESCUE ORGANIZATION ON A LIST AS DESCRIBED IN SUBDIVISION THREE OF THIS
SECTION, OR THEIR AUTHORIZED AGENTS, shall be sold, transferred or
otherwise made available to any person for the purpose of research,
experimentation or testing. No authorized agent of a duly incorporated
society for the prevention of cruelty to animals, nor of a duly incorpo-
rated humane society, duly incorporated animal protective association
[or], ANIMAL SHELTER, pound, OR ANIMAL RESCUE ORGANIZATION ON A LIST AS
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, shall use any animal
placed in its custody by the duly incorporated society for the
prevention of cruelty to animals or duly incorporated humane society,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, ANIMAL SHELTER, POUND,
OR ANIMAL RESCUE ORGANIZATION ON A LIST AS DESCRIBED IN SUBDIVISION
THREE OF THIS SECTION, OR THEIR AGENTS, for the purpose of research,
experimentation or testing.
A. 5449--A 10
c. The court may additionally order that the convicted person or any
person dwelling in the same household who conspired, aided or abetted in
the unlawful act which was the basis of the conviction, or who knew or
should have known of the unlawful act, shall not own, harbor, or have
custody or control of any other animals, other than farm animals, for a
period of time which the court deems reasonable.
d. In the case of farm animals, the court may, in addition to the
forfeiture to a duly incorporated society for the prevention of cruelty
to animals or a duly incorporated humane society or authorized agents
thereof, and subject to the restrictions of sections three hundred
fifty-four and three hundred fifty-seven of this article, order the farm
animals which were the basis of the conviction to be sold. In no case
shall farm animals which are the basis of the conviction be redeemed by
the convicted person who is the subject of the order of forfeiture or by
any person dwelling in the same household who conspired, aided or abet-
ted in the unlawful act which was the basis of the conviction, or who
knew or should have known of the unlawful act. The court shall reimburse
the convicted person and any duly determined interested persons, pursu-
ant to paragraph f of this subdivision, any money earned by the sale of
the farm animals less any costs including, but not limited to, veteri-
nary and custodial care, and any fines or penalties imposed by the
court. The court may order that the subject animals be provided with
appropriate care and treatment pending the hearing and the disposition
of the charges. Any farm animal ordered forfeited but not sold shall be
remanded to the custody and charge of a duly incorporated society for
the prevention of cruelty to animals or duly incorporated humane society
or its authorized agent thereof and disposed of pursuant to paragraph e
of this subdivision.
e. A duly incorporated society for the prevention of cruelty to
animals or a duly incorporated humane society in charge of animals
forfeited pursuant to paragraph a of this subdivision may, in its
discretion, lawfully and without liability, adopt them to individuals
other than the convicted person or person dwelling in the same household
who conspired, aided or abetted in the unlawful act which was the basis
of the conviction, or who knew or should have known of the unlawful act,
PLACE THEM WITH AN ANIMAL RESCUE ORGANIZATION ON A LIST AS DESCRIBED IN
SUBDIVISION THREE OF THIS SECTION, or IF NO SUCH ANIMAL RESCUE ORGANIZA-
TION IS WILLING OR ABLE TO ACCEPT THE ANIMALS AND THE SOCIETY HAS
COMPLIED WITH THE REQUIREMENTS OF PARAGRAPH I OF SUBDIVISION THREE OF
THIS SECTION, humanely dispose of them according to the provisions of
subdivisions two, [three,] four [and], five AND SIX of this section.
f. (1) Prior to an order of forfeiture of farm animals, a hearing
shall be held within thirty days of conviction, to determine the pecuni-
ary interests of any other person in the farm animals which were the
basis of the conviction. Written notice shall be served at least five
days prior to the hearing upon all interested persons. In addition,
notice shall be made by publication in a local newspaper at least seven
days prior to the hearing. For the purposes of this subdivision, inter-
ested persons shall mean any individual, partnership, firm, joint stock
company, corporation, association, trust, estate, or other legal entity
who the court determines may have a pecuniary interest in the farm
animals which are the subject of the forfeiture action.
(2) All interested persons shall be provided an opportunity at the
hearing to redeem their interest as determined by the court in the
subject farm animals and to purchase the interest of the convicted
person. The convicted person shall be entitled to be reimbursed his
A. 5449--A 11
interest in the farm animals, less any costs, fines or penalties imposed
by the court, as specified under paragraph d of this subdivision. In no
case shall the court award custody or control of the animals to any
interested person who conspired, aided or abetted in the unlawful act
which was the basis of the conviction, or who knew or should have known
of the unlawful act.
g. Nothing in this section shall be construed to limit or restrict in
any way the rights of a secured party having a security interest in any
farm animal described in this section. This section expressly does not
impair or subordinate the rights of such a secured lender having a secu-
rity interest in farm animals or in the proceeds from the sale of such
farm animals.
S 5. Section 350 of the agriculture and markets law is amended by
adding a new subdivision 6 to read as follows:
6. "IMPOUNDING ORGANIZATION" MEANS ANY DULY INCORPORATED HUMANE SOCIE-
TY, DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS,
ANIMAL SHELTER OR POUND MAINTAINED BY OR UNDER CONTRACT OR AGREEMENT
WITH ANY COUNTY, CITY, TOWN OR VILLAGE, THAT TAKES POSSESSION OF ABAN-
DONED, NOT PROPERLY CARED FOR, LOST, STRAY OR HOMELESS ANIMALS, OR
ANIMALS THAT HAVE BEEN SURRENDERED BY THE OWNER OR OWNERS.
S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.
Permissions beyond the scope of this license are available at http://www.nysenate.gov/copyright-policy.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that links to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.
Discuss!
blog comments powered by Disqus