Relates to the care and collection of abandoned animals on vacant property; requires notification to the appropriate authorities by anyone authorized to be on vacant land where such person finds an animal which based on its physical appearance or lack of available food or water appears abandoned, within six hours of an encounter.

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A9319-2011 Actions

• May 30, 2012: print number 9319b
• May 30, 2012: amend and recommit to judiciary
• May 7, 2012: print number 9319a
• May 7, 2012: amend (t) and recommit to judiciary
• Feb 16, 2012: referred to judiciary

A9319-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    9319

                            I N  ASSEMBLY

                              February 16, 2012
                                 ___________

  Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
    Committee on Judiciary

  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:


    Section  1.  Section 373 of the agriculture and markets law is amended
  to by adding two new subdivisions 2-a and 8 to read as follows:

    2-A. NOTWITHSTANDING SECTIONS  THIRTEEN  HUNDRED  SEVEN  AND  NINETEEN
  HUNDRED  SEVENTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW OR
  ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON OR ENTITY WHO  IS
  AUTHORIZED  TO  BE  ON  PROPERTY THAT HAS BEEN VACATED AS A RESULT OF AN
  EVICTION, PROPERTY FORECLOSURE, FORFEITURE OR  DEFAULT  ON  A  MORTGAGE,
  TRUST  DEED  OR  LAND  SALES  CONTRACT, OR ABANDONMENT WHO ENCOUNTERS AN
  ABANDONED ANIMAL ON SUCH PROPERTY SHALL PROMPTLY, BUT NOT LATER THAN SIX
  HOURS AFTER SUCH ENCOUNTER, NOTIFY THE DOG CONTROL OFFICER, THE  POLICE,
  OR AGENT OR OFFICER OF A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
  CRUELTY  TO  ANIMALS  ABOUT  SUCH ENCOUNTER, FOR THE PURPOSE OF PROMPTLY
  RETRIEVING OR PROVIDING NECESSARY CARE FOR SUCH ANIMAL AT  THE  PROPERTY
  UNTIL  THE  ANIMAL  CAN  BE RETRIEVED. ANIMALS REMOVED FROM THE PREMISES
  SHALL BE PLACED IN THE CUSTODY OF A POUND, DULY INCORPORATED SOCIETY FOR
  THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE  SOCIETY,
  OR  DULY  INCORPORATED  ANIMAL  PROTECTIVE  ASSOCIATION AND CARED FOR IN
  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,  SECTION  THREE  HUNDRED
  SEVENTY-FOUR  OF  THIS  ARTICLE,  SECTION  ONE HUNDRED SEVENTEEN OF THIS
  CHAPTER, AND ALL OTHER LAWS AND ORDINANCES THAT GOVERN THE HUMANE TREAT-
  MENT OF ANIMALS. FAILURE TO PROVIDE NOTIFICATION AS PROVIDED FOR IN THIS
  SUBDIVISION SHALL BE A VIOLATION.
    8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
  ANY WAY AGENTS OR OFFICERS OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO
  ANIMALS  OR  THE POLICE FROM ENFORCING PROVISIONS OF THIS ARTICLE OR ANY
  OTHER LAW RELATING TO ABANDONMENT OF ANIMALS OR THE HUMANE TREATMENT  OF
  OR CRUELTY TO ANIMALS.
    S  2.  This  act  shall take effect on the sixtieth day after it shall
  have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14580-01-2