S5467-2011 Actions

• Jan 4, 2012: REFERRED TO AGRICULTURE
• May 24, 2011: REFERRED TO AGRICULTURE

S5467-2011 Memo

BILL NUMBER:S5467

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.

S5467-2011 Text

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

                                    5467

                         2011-2012 Regular Sessions

                              I N  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.