Bill S5433A-2011

Relates to the treatment and disposition of lost, stray or homeless animals

Relates to the treatment and disposition of lost, stray or homeless animals.

Details

Actions

  • Feb 29, 2012: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Jan 4, 2012: REFERRED TO AGRICULTURE
  • Dec 28, 2011: PRINT NUMBER 5433A
  • Dec 28, 2011: AMEND (T) AND RECOMMIT TO AGRICULTURE
  • May 20, 2011: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S5433A

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the treatment and disposition of lost, stray or homeless animals

PURPOSE: To promote better care of animals placed in shelters and to create a list of approved animal rescue organizations willing to accept animals for the purpose of adoption.

SUMMARY OF PROVISIONS: Section one amends subdivision 4 of section 113 of the agriculture and markets law to provide that certain specified persons or entities, with regard to a lost or stolen dog, shall take specified steps to identify such dog, compare any information about such dog with records of animals reported to be lost or stolen, and make information available to the public on the internet or by other means, if use of the internet is impracticable, to facilitate finding the owner(s). As soon as practicable, after the owner(s) has been determined, information regarding such dog's impoundment and the procedure for redemption shall be given to such owner(s) in person or by certified mail, return receipt requested. 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(s). 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(s). In, either case, the owner(s) may redeem such dog by paying the impoundment fees and by producing proof that such dog has been licensed. Section one also provides that when maintaining records regarding any lost or stolen dog, the records shall include any identification found on the dog, including tag, microchip, tattoo or license numbers, the breed(s), if known, the approximate size and weight, coloring and identifying marks on the dog.

Section two amends subdivisions 3, 4 and 11 of section 117 of the agriculture and markets law. Subdivision 3 is amended to provide that certain specified persons or entities shall 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 appropriate vaccinations. The certain specified persons or entities must also properly shelter, feed and provide water to each seized dog. Subdivision 4 is amended to provide that the holding period shall be extended in the event that the owner(s) has been identified. Subdivision 11 is amended to provide that no liability in damages or otherwise shall be incurred on account of the transfer of any dog to a rescue organization.

Section three amends section 373 of the agriculture and markets law by adding a new subdivision I-b, which provides that when certain specified persons or entities seize an animal, they shall take specified steps to identify such animal, compare the information known about the animal with records of animals reported to be lost or

stolen, and make available to the public on internet or by other means, if use of the internet is impracticable, a photograph, if practicable, and a general description of the animal to assist the owner(s) in finding the animal, though information about the animal may be withheld if deemed appropriate to facilitate finding the owner(s) or otherwise to protect the safety of the animal. In addition, the certain specified persons or entities shall inspect each animal and provide the animal at least for the redemption period with care and treatment to relieve any pain and suffering, including necessary emergency veterinary care and treatment and parasite control, and appropriate vaccinations. The certain specified person or entities must also properly shelter, feed, and provide water to each animal. As soon as practicable, after the owner(s) of an animal has been determined, information regarding such animal' s impoundment and the procedure for redemption shall be given to such owner(s) in person or by certified mail, return receipt requested. 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(s). 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(s) may redeem such animal by paying the impoundment fees and, in the case of a dog, by producing proof that such dog has been licensed. The certain specified persons or entities must make and maintain a complete record of the intake and subsequent disposition of each animal. Such record shall include, but not be limited to, any identification found on the animal, such as any tag, microchip, tattoo, license numbers, the species, type or breed(s), 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. In the event the owner(s) is not identified, the certain specified persons or entities shall hold such animal, whether or not licensed, at least for a redemption period of five days, during which the specified persons or entities shall comply with the aforementioned provisions. If the owner(s) is identified, the holding period shall be extended and the animal may be redeemed by its owner(s) upon payment of the impoundment fees, 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(s) is redeeming such dog. Animals may be placed sooner than five days with an animal rescue organization or individual on the list pursuant to section 374 of the agriculture and markets law as amended by section four of this bill.

Section four amends section 374 of the agriculture and markets law. Subdivision 1 is amended to.provide that humane euthanasia shall be performed to certain specified animals suffering irremediable physical or psychological pain, or to certain specified animals to alleviate a contagious, deadly health conditions, or if the owner of such animal has given his or her written consent to such destruction. subdivision 2 is amended to add "placement with an organization on a list of approved organizations' as an option for a humane society, animal shelter or pound to consider in the case of any animal of which possession is taken.

Subdivision 3 provides that any impounding organization, as defined in subdivision six of section 350 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. The list shall include information about each such organization such as contact information, species, types and breeds of animals the organization is willing to accept, 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. The organizations on the list must be designated under section 501(c)(3) of the internal revenue code. The impounding organization shall make the current list available to all staff and the public on the internet on a website maintained by or made available to such impounding organization by the municipal or county government in which the impounding organization is located, or posted at its facility. The notice required may be made by means other than the internet if use of the internet is impracticable.

In considering whether to include an animal rescue organization on the list, the impounding organization shall consider whether such animal rescue organization 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 environment. The impounding organization shall also consider whether such animal rescue organization maintains a protocol for containing and managing contagious illness and disease, maintains an active adoption or placement program or facilities appropriate for long-term placement, and 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. The impounding organization must also consider whether such animal rescue organization has knowingly made any material misrepresentations or material false statements to the impounding organization's staff or disrupts or interferes with the impounding organization's lawful operations.

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 organization should be approved and also maintained on the list. The animal rescue organization shall cooperate in providing information the impounding organization may reasonable 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.

The impounding organization shall not unreasonably withhold approval of the organization. The impounding organization shall state in writing the reasons why an animal rescue organization does not meet

the criteria to be placed on the list, 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 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. The animal rescue organization that is not approved or removed from the list may at any time demonstrate that the reasons stated for denying approval have been remedied and request approval for placement on the list. The impounding organization shall cooperate by providing reinspections, if necessary, as soon as practicable after a request for reconsideration by the animal rescue organization, to determine if the organization is approved. An impounding organization shall not be required to consider an animal rescue organization for placement on the list more than twice annually.

No animal shall be euthanized unless the impounding organization certifies in writing that it has contacted each of the animal rescue organizations approved for the species, type or breed of animal, and that none of the animal rescue organizations contacted were willing and able to accept transfer of the animal, or if an animal rescue organization failed to pick up or accept transfer of the animal after agreeing to do so, that the animal rescue organization was contacted at the methods of contact provided in the list, and that 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. This paragraph does not apply to euthanasia performed pursuant to subdivisions one and five of this section.

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. An animal deemed by a court to be dangerous shall be eligible only for transfer to an animal rescue organization that can meet the certain requirements for the care and handling of such animal. The provisions of this subdivision shall not apply to animals that the impounding organizations have accepted from owners only for the purpose of humane euthanasia. 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. 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.

Subdivisions 4 and 5 provide technical amendments.

Subdivision 6 replaces "dog or cat" with "animal," inserts the words "duly incorporated" before the phrases "society for the prevention of cruelty to animals" and "humane society," and inserts the words "duly incorporated animal" before the words "protective association." In addition, subdivision custody or control of any pound, shelter, duly

incorporated society for the prevention of cruelty to animals, duly incorporated humane society, duly incorporated animal protective association, dog or animal control officer, peace officer or any agent thereof for the purpose of placement with an animal rescue organization on a list maintained pursuant to subdivision 3 of this section, or placement for the purpose of providing temporary shelter pending resolution of litigation involving such animal.

Subdivision 7 provides that, in lieu of destruction, redemption or other disposition pursuant to this section, such impounding organization may, in its discretion, lawfully and without liability, deliver such animal for adoption to an animal rescue organization on the impounding organization's list as required by this section after the time for redemption has expired.

Subdivision 8 provides a technical amendment.

Subdivision 9 provides that no animal in the custody of 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. Further, no authorized agent of an animal rescue organization on a list as described in subdivision three of this section shall use any animal placed in its custody for the purpose of research, experimentation or testing. Subdivision 9 further provides that 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 the list as described in subdivision three of this section, or of no such organization is will 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, four, five and six of this section.

Section five amends section 350 of the agriculture and markets law by defining "impounding organization" as any duly incorporated humane society, 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 abandoned, not properly cared for, lost, stray or homeless animals, or animals that have been surrendered by the owner or owners.

Section six provides the effective date.

JUSTIFICATION: This bill will create a framework for cooperation between animal rescues and animal shelters to move more animals out of shelters while giving them the tools to protect animals from ending up in abusive and/or neglectful situations.

While animal shelters are already required to look for lost owners, this bill expands the methods by which shelters and dog control officers must identify a lost pet to include checking for tags, microchips, tattoos or licenses, comparing the information known about the dog with records of dogs reported to be lost or stolen, and making the information available to the public. This will help reunite more lost pets with their owners.

This bill will also improve the care of animals in shelters. For each dog seized, the dog control officer or impounding organization must examine the dog and provide care and treatment to relieve pain and suffering, including necessary emergency veterinary care and treatment, parasite control and appropriate vaccinations. The impounding organization must also provide proper shelter, food and water.

Lastly, the bill creates a list of qualified animal rescue organizations for shelters to contact to take animals that would otherwise be euthanized. The list would include basic information about each animal rescue organization, the species, types and breeds of animals the rescue organization is willing to accept, and any resources available to the rescue organization including veterinary, rehabilitative or other care, care for special needs animals, training or behavior modification programs, or appropriate sanctuary or long-term placement and care. The creation of such list will help to reduce the number of animals euthanized.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5433--A 2011-2012 Regular Sessions IN SENATE May 20, 2011 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- committee discharged, bill amended, 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 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 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; 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 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- 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 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 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 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. 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 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.

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