Relates to the failure to provide proper care to large numbers of animals in private facilities.
TITLE OF BILL: An act to amend the agriculture and markets law and the general municipal law, in relation to confinement of animals in private facilities
SUMMARY OF PROVISIONS: Section 1 sets forth the conditions a caretaker must provide when taking care of a large number of animals. If the caretaker does not meet the appropriate conditions they will be considered guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both.
An animal that continues to be impounded, confined, or in any other way housed as aforesaid and continues to go without food and water for more than twelve successive hours it shall be lawful for any person, from time to time, and as often as necessary to enter upon the facility where the animals are housed and supply them with food and water. Such person shall not be liable to any action for such entry. Such person may collect the reasonable cost of such food and water from the owner.
These provisions shall apply to any facility that is used to house or contain more than twelve adult animals or nine animals and three or more litters of animals that are owned, operated, or maintained by a nongovernmental entity. This clause shall not include wildlife under the care of wildlife rehabilitators or laboratory animals held in facilities or in facilities accredited by the American zoo and aquarium association or farm animals.
Section 2 amends the general municipal law by adding a new section that any municipal corporation may enforce regulations set forth by the commissioner of agriculture and markets addressing proper food, drink, shelter and care to animals impounded by dog or animal control officer or any peace or police officer.
JUSTIFICATION: Recently, several cases have been reported where persons have taken in a large quantity of animals and have failed to supply the adequate care and necessities of life. As a result of this neglect and abuse, many animals have suffered unnecessary pain, deplorable living conditions and in the worse scenario, even death. This bill would set f011h the guidelines in relation to the confinement of a large number of animals in private facilities.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5467 2011-2012 Regular Sessions IN SENATE May 24, 2011 ___________Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law and the general munici- pal law, in relation to confinement of animals in private facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new section 356-a to read as follows: S 356-A. FAILURE TO PROVIDE PROPER CARE TO LARGE NUMBERS OF ANIMALS. 1. A PERSON WHO, HAVING IMPOUNDED, CONFINED OR IN ANY OTHER WAY HOUSED ANY ANIMAL, REFUSES OR NEGLECTS TO SUPPLY TO SUCH ANIMAL DURING ITS CONFINEMENT A SUFFICIENT SUPPLY OF GOOD AND WHOLESOME AIR, FOOD, WATER, SHELTER, INCLUDING PROPER HEAT AND COOLING AS APPROPRIATE, LIGHTING, HYGIENE, RECORD KEEPING, VETERINARY AND RELATED CARE, OR ALLOWS IT TO REMAIN IN A CROWDED CONDITION OR IN UNHEALTHFUL OR UNSANITARY SURROUNDINGS OR NOT PROPERLY CARED FOR, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH. IN CASE ANY ANIMAL SHALL BE AT ANY TIME IMPOUNDED, CONFINED, OR IN ANY OTHER WAY HOUSED AS AFORE- SAID, AND SHALL CONTINUE TO BE WITHOUT NECESSARY FOOD AND WATER FOR MORE THAN TWELVE SUCCESSIVE HOURS, IT SHALL BE LAWFUL FOR ANY PERSON, FROM TIME TO TIME, AND AS OFTEN AS IT SHALL BE NECESSARY, TO ENTER INTO AND UPON ANY FACILITY IN WHICH ANY SUCH ANIMAL SHALL BE SO CONFINED, AND TO SUPPLY IT WITH NECESSARY FOOD AND WATER, SO LONG AS IT SHALL REMAIN SO CONFINED; SUCH PERSON SHALL NOT BE LIABLE TO ANY ACTION FOR SUCH ENTRY, AND THE REASONABLE COST OF SUCH FOOD AND WATER MAY BE COLLECTED BY HIM OF THE OWNER OF SUCH ANIMAL, AND THE SAID ANIMAL SHALL NOT BE EXEMPT FROM LEVY AND SALE UPON EXECUTION ISSUED UPON A JUDGMENT THEREFOR. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ANY FACILITY THAT IS USED TO HOUSE OR CONTAIN MORE THAN TWELVE ADULT ANIMALS OR NINE ANIMALS AND THREE OR MORE LITTERS OF ANIMALS PER YEAR AND ANIMALS THAT ARE OWNED,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11568-01-1 S. 5467 2
OPERATED, OR MAINTAINED BY A NONGOVERNMENTAL ENTITY INCLUDING, BUT NOT LIMITED TO, AN ORGANIZATION OPERATING FOR THE PURPOSE OF FINDING OR PROVIDING PERMANENT ADOPTIVE HOMES FOR ANIMALS, BUT SHALL NOT INCLUDE WILDLIFE UNDER THE CARE OF WILDLIFE REHABILITATORS OR LABORATORY ANIMALS HELD IN FACILITIES REGULATED PURSUANT TO 9 C.F.R. PARTS 1, 2 AND 3, FACILITIES ACCREDITED BY THE AMERICAN ZOO AND AQUARIUM ASSOCIATION OR FARM ANIMALS AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS ARTICLE. 2. (A) THE COMMISSIONER IS DIRECTED TO PROMULGATE REGULATIONS ESTAB- LISHING STANDARDS FOR HUMANE CARE AND HOUSING OF ANIMALS AND RECORD KEEPING, INCLUDING ANIMAL HEALTH CERTIFICATES FOR ANY ANIMALS TRANS- PORTED INTO THE STATE. (B) SUCH REGULATIONS SHALL BE ENFORCED CONCURRENTLY BY THE COMMISSION- ER AND BY ANY MUNICIPAL CORPORATION IN THE STATE. S 2. The general municipal law is amended by adding a new section 139 to read as follows: S 139. PROPER FOOD, DRINK, SHELTER AND CARE TO IMPOUNDED ANIMALS. ANY MUNICIPAL CORPORATION MAY BY LOCAL LAW OR ORDINANCE ENFORCE REGULATIONS PROMULGATED BY THE COMMISSIONER OF AGRICULTURE AND MARKETS PURSUANT TO SECTION THREE HUNDRED FIFTY-SIX-A OF THE AGRICULTURE AND MARKETS LAW ADDRESSING PROPER FOOD, DRINK, SHELTER AND CARE TO ANIMALS IMPOUNDED BY DOG OR ANIMAL CONTROL OFFICER OR ANY PEACE OR POLICE OFFICER. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.