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.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the care and collection of animals on vacant property
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require the notification of an animal control officer or other authorized agent when authorized persons encounter an animal on property vacated through a lease termination, property foreclosure or eviction.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Section 373 of the Agriculture and Markets law to add a new subdivision 2-a. This new subdivision would require those authorized persons who encounter animals on foreclosed or abandoned properties to notify an animal control officer within six hours of discovery of such an abandoned animal. In addition, the bill language ensures that this law does not limit or restrict animal control officers or the police from enforcing any other law relating to abandonment of animals or the humane treatment of or cruelty to animals.
JUSTIFICATION: As a consequence of the sub-prime mortgage crisis and the broader economic downturn, residential and other properties across New York have been abandoned as owners default on their mortgages or renters are evicted from their homes. This downward economic trend has led to a corresponding increase in animal abandonment as companion animals are left behind. Through this legislation, those who are authorized to be on property that has been abandoned or vacated and who encounter abandoned animals will have the basic framework contained in the law regarding the proper notification of animal care and control officials of the plight of such abandoned animals. This legislation is needed to help prevent the needless pain, starvation and death that is being inflicted on such animals as a result of owners and caretakers leaving them behind on these properties.
PRIOR LEGISLATIVE HISTORY: A.1774 of 2011, A.11033 of 2010.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 6502--A IN SENATE February 17, 2012 ___________Introduced by Sen. KLEIN -- 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 care and collection of 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 by adding a new subdivision 2-a to read as follows: 2-A. 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 ANIMAL WHICH BASED ON ITS PHYSICAL APPEARANCE OR LACK OF AVAILABLE FOOD OR WATER APPEARS ABANDONED ON SUCH PROPERTY SHALL PROMPTLY, BUT NOT LATER THAN SIX HOURS AFTER SUCH ENCOUNTER, NOTIFY THE DOG CONTROL OFFI- CER, 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 TREATMENT OF ANIMALS. FAILURE TO PROVIDE NOTIFI- CATION AS PROVIDED FOR IN THIS SUBDIVISION SHALL BE A VIOLATION. B. 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 ANYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14580-07-2 S. 6502--A 2
OTHER LAW RELATING TO ABANDONMENT OF ANIMALS OR THE INHUMANE TREATMENT OF OR CRUELTY TO ANIMALS. S 2. This act shall take effect on the sixtieth day after it shall have become a law.