New York State Agriculture &
Markets Law Article 26
Section
350.
Definitions.
351.
Prohibition of animal fighting.
353.
Overdriving, torturing and injuring animals; failing to
provide proper sustenance.
353-a.
Aggravated Felony Cruelty To Animals.
354.
Sale of baby chicks and baby rabbits.
355.
Abandonment of animals.
356.
Failing to provide proper food and drink to impounded
animal.
357.
Selling or offering to sell or exposing diseased animal.
358.
Selling disabled horses.
358-a.
Live animals as prizes prohibited.
359.
Carrying animal in a cruel manner.
359-a.
Transportation of horses.
360.
Poisoning or attempting to poison animals.
361.
Interference with or injury to certain domestic animals.
362.
Throwing substance injurious to animals in public place.
363.
Unauthorized possession of dogs presumptive evidence of
larceny.
364.
Running horses on highway.
365.
Clipping or cutting the ears of dogs.
366.
Dog stealing.
366-a.
Removing, seizing or transporting dogs for research
purposes.
367.
Leaving state to avoid provisions of this article.
368.
Operating upon tails of horses unlawful.
369.
Interference with officers.
370.
Protection of the public from attack by wild animals and
reptiles.
371.
Powers of peace officers.
372.
Issuance of warrants upon complaint.
373.
Seizure of animals lost, strayed, homeless, abandoned or
improperly confined or kept.
374.
Humane destruction or other disposition of animals lost,
strayed, homeless, abandoned or improperly confined or kept.
375.
Officer may take possession of animals or implements used in
fights among animals.
376.
Disposition of animals or implements used in fights among
animals.
377.
Disposal of dead animals.
378.
Unlawful tampering with animal research.
1. "Animal" as used in this
article, includes every living creature except a human
being.
2. "Torture" or "cruelty" includes every act, omission, or
neglect, whereby unjustifiable physical pain, suffering or
death is caused or permitted.
3. "Adoption" means the delivery to any natural person
eighteen years of age or older, for the limited purpose of
harboring a pet, of any dog or cat, seized or surrendered.
4. "Farm Animal", as used in this article, means any
ungulate, poultry, species of cattle, sheep, swine, goats,
llamas, horses or fur-bearing animals, as defined in Section
11-1907 of the Environmental Conservation Law, which are
raised for commercial or subsistence purposes. Fur-bearing
animal shall not include dogs or cats.
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351. Prohibition
of animal fighting.
1. For purposes of this section,
the term "animal fighting" shall mean any fight between
cocks or other birds, or between dogs, bulls, bears or any
other animals, or between any such animal and a person or
persons, except in exhibitions of a kind commonly featured
at rodeos.
2. Any person who engages in any of the following conduct is
guilty of a felony and is punishable by imprisonment for a
period not to exceed four years, or by a fine not to exceed
twenty-five thousand dollars, or by both such fine and
imprisonment:
a. For amusement or gain, causes any animal to engage in
animal fighting; or
b. Trains any animal under circumstances evincing an intent
that such animal engage in animal fighting for amusement or
gain; or
c. Permits any act described in paragraph (a) or (b) of this
subdivision to occur on premises under his control; or
d. Owns, possesses or keeps any animal trained to engage in
animal fighting on premises where an exhibition of animal
fighting is being conducted under circumstances evincing an
intent that such animal engage in animal fighting.
3. (a) Any person who engages in conduct specified in
paragraph (b) of this subdivision is guilty of a misdemeanor
and is punishable by imprisonment for a period not to exceed
one year, or by a fine not to exceed fifteen thousand
dollars, or by both such fine and imprisonment.
(b) The owning, possessing or keeping of any animal under
circumstances evincing an intent that such animal engage in
animal fighting.
4. (a) Any person who engages in conduct specified in
paragraph (b) hereof is guilty of a misdemeanor and is
punishable by imprisonment for a period not to exceed one
year, or by a fine not to exceed one thousand dollars, or by
both such fine and imprisonment.
(b) The knowing presence as a spectator having paid an
admission fee or having made a wager at any place where an
exhibition of animal fighting is being conducted.
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353.
Overdriving, torturing and injuring animals; failure to
provide proper sustenance.
A person who overdrives, overloads,
tortures or cruelly beats or unjustifiably injures, maims,
mutilates or kills any animal, whether wild or tame, and
whether belonging to himself or to another, or deprives any
animal of necessary sustenance, food or drink, or neglects
or refuses to furnish it such sustenance or drink, or
causes, procures or permits any animal to be overdriven,
overloaded, tortured, cruelly beaten, or unjustifiably
injured, maimed, mutilated or killed, or to be deprived of
necessary food or drink, or who willfully sets on foot,
instigates, engages in, or in any way furthers any act of
cruelty to any animal, or any act tending to produce such
cruelty, 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.
Nothing herein contained shall be construed to prohibit or
interfere with any properly conducted scientific tests,
experiments or investigations, involving the use of living
animals, performed or conducted in laboratories or
institutions, which are approved for these purposes by the
state commissioner of health. The state commissioner of
health shall prescribe the rules under which such approval
shall be granted, including therein standards regarding the
care and treatment of any such animals. Such rules shall be
published and copies thereof conspicuously posted in each
such laboratory or institution. The state commissioner of
health or his duly authorized representative shall have the
power to inspect such laboratories or institutions to insure
compliance with such rules and standards. Each such approval
may be revoked at any time for failure to comply with such
rules and in any case the approval shall be limited to a
period not exceeding one year.
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§
353-a. AGGRAVATED CRUELTY TO ANIMALS - AS A FELONY
Effective 11/01/99
1. A person is guilty of aggravated cruelty to animals when,
with no justifiable purpose, he or she intentionally kills
or intentionally causes serious physical injury to a
companion animal with aggravated cruelty. For purposes of
this section, "aggravated cruelty" shall mean conduct which:
(i) is intended to cause extreme physical pain; or (ii) is
done or carried out in an especially depraved or sadistic
manner.
2. Nothing contained in this section shall be construed to
prohibit or interfere in any way with anyone lawfully
engaged in hunting, trapping, or fishing, as provided in
article eleven of the environmental conservation law, the
dispatch of rabid or diseased animals, as provided in
article twenty-one of the public health law, or the dispatch
of animals posing a threat to human safety or other animals,
where such action is otherwise legally authorized, or any
properly conducted scientific tests, experiments, or
investigations involving the use of living animals,
performed or conducted in laboratories or institutions
approved for such purposes by the commissioner of health
pursuant to section three hundred fifty-three of this
article.
3. Aggravated cruelty to animals is a felony. A defendant
convicted of this offense shall be sentenced pursuant to
paragraph (b) of subdivision one of section 55.10 of the
penal law provided, however, that any term of imprisonment
imposed for violation of this section shall be a definite
sentence, which may not exceed two years.
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354. Sale of
baby chicks and baby rabbits.
1. No
person shall sell, offer for sale, barter or give away
living baby chicks, ducklings or other fowl or baby rabbits
unless such person provides proper brooder facilities where
appropriate for the care of such baby chicks, ducklings or
other fowl or baby rabbits during the time they are in the
possession of such person. For the purposes of this section,
a baby rabbit shall be a rabbit of less than two months of
age.
2. No person shall sell, offer for sale, barter or display
living baby chicks, ducklings or other fowl or baby rabbits
which have been dyed colored or otherwise treated so as to
impart to them an artificial color.
a. No provision of subdivision two shall be interpreted or
applied to prevent or restrict teachers and qualified
instructors of youth under the guidance and supervision of
the New York state cooperative extension service from using
eggs for non-profit educational purposes or from observing
fowl hatched from such eggs for non-profit educational
purposes.
3. No person shall sell, offer for sale, barter or give away
living baby chicks, ducklings or other fowl or baby rabbits
under two months of age in any quantity less than six.
4. A violation of the provisions of this section is a
misdemeanor, punishable by imprisonment for not more than
one year, or by a fine of not more than five hundred
dollars, or by both.
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355. Abandonment
of animals.
A
person being the owner or possessor, or having charge or
custody of an animal, who abandons such animal, or leaves it
to die in a street, road or public place, or who allows such
animal, if it becomes disabled, to lie in a public street,
road or public place more than three hours after he receives
notice that it is left disabled, 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.
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356. Failure to
provide proper food and drink to impounded animal.
A
person who having impounded or confined any animal, refuses
or neglects to supply to such animal during its confinement
a sufficient supply of good and wholesome air, food, shelter
and water, 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 as aforesaid, 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 pound 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.
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357. Selling or
offering to sell or exposing disease animal.
A
person who willfully sells or offers to sell, uses, exposes,
or causes or permits to be sold, offered for sale, used or
exposed, any horse or other animal having the disease known
as glanders or farcy, or other contagious or infectious
disease dangerous to the life or health of human beings, or
animals, or which is diseased past recovery, or who refuses
upon demand to deprive of life an animal affected with any
such disease, 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.
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358. Selling
disabled horses.
It
shall be unlawful for any person holding an auctioneers
license knowingly to receive or offer for sale or to sell at
public auction, other than at a sheriff s or judicial sale
under a court order, any horse which by reason of debility,
disease or lameness, or for any other cause, could not be
worked in this state without violating the law against
cruelty to animals. Any person violating any provision of
this section shall be punishable by a fine of not less than
five dollars nor more than one hundred dollars, or by
imprisonment for not more than six months, or by both such
fine and imprisonment.
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358-a. Live
animals as prizes prohibited.
1.
For the purposes of this section "livestock' shall mean any
domesticated sheep, goat, horse, cattle or swine.
2. No person shall give or offer to give away any live
animal other than purebred livestock or fish as a prize in
any game, drawing, contest, sweepstakes or other promotion,
except when any live animal is given away by individuals or
organizations operating in conjunction with a cooperative
extension education program or agricultural vocational
program sanctioned by the state education department.
3. The commissioner shall promulgate rules and regulations
which provide guidelines, conditions and requirements when
any live animal is given away under the exceptions provided
for in subdivision two of this section.
4. Any person who violates the provisions of this section
shall be subject to civil penalty of not more than two
hundred fifty dollars or in lieu thereof shall be guilty of
a violation punishable solely by a fine of not more than two
hundred and fifty dollars.
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359. Carrying
animal in cruel manner.
1. A
person who carries or causes to be carried in or upon any
vessel or vehicle or otherwise, any animal in a cruel or
inhumane manner, or so as to produce torture, 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.
2. A railway corporation, or an owner, agent, consignee, or
person in charge of any horses, sheep, cattle, or swine, in
the course of, or for transportation, who confines, or
causes or suffers the same to be confined, in cars for a
longer period than twenty-eight consecutive hours, or
thirty-six consecutive hours where consent is given in the
manner hereinafter provided, without unloading for rest,
water and feeding, during five consecutive hours, unless
prevented by storm or inevitable accident, is guilty of a
misdemeanor. The consent which will extend the period from
twenty-eight to thirty-six hours shall be given by the
owner, or by person in custody of a particular shipment, by
a writing separate and apart from any printed bill of
lading, or other railroad form. In estimating such
confinement, the time during which the animals have been
confined without rest, on connecting roads from which they
are received, must be computed. If the owner, agent,
consignee or other person in charge of any such animals
refuses or neglects upon demand to pay for the care or feed
of the animals while so unloaded or rested, the railway
company, or other carriers thereof, may charge the expense
thereof to the owner or consignee and shall have a lien
thereon for such expense.
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359-a.
Transportation of horses.
1.
Every vehicle utilized for the transportation of more than
six horses shall meet the following requirements:
a. The interiors of compartments containing horses shall be
constructed of smooth materials, containing no sharp objects
or protrusions which are hazardous;
b. The floors shall be of such construction or covered with
abrasive material so as to prevent horses from skidding or
sliding;
c. There shall be sufficient apertures to insure adequate
ventilation;
d. There shall be sufficient insulation or coverings to
maintain an adequate temperature in the compartment
containing horses;
e. Partitions of sturdy construction shall be placed a
maximum of ten feet apart in vehicles which do not have
stalls;
f. Doorways shall be of sufficient height to allow safe
ingress and egress of each horse contained in the
compartment;
g. Each compartment containing horses shall be of such
height so as to allow sufficient clearance above the poll
and withers of each horse in the compartment;
h. Ramps sufficient for loading and unloading horses shall
be provided if the vertical distance from the floor of the
compartment containing horses to the ground is greater than
fifteen inches; and
i. There shall be at least two doorways for ingress and
egress, which shall not be on the same side.
2. Every vehicle utilized for the transportation of more
than six horses over a highway shall have no more than one
tier holding animals in the compartment containing horses.
3. a. Transporting a horse in violation of this section
shall be a violation punishable by a fine of not more than
one hundred dollars.
b. Any subsequent violation of this section on a date
following a conviction under the provisions of this section
shall be a misdemeanor punishable by a fine of not more than
five hundred dollars or imprisonment for not more than one
year, or both.
4. The commissioner shall promulgate rules and regulations,
including size specifications, and establish guidelines in
order to facilitate compliance with the provisions of this
section.
5. a. The term "horse" as used throughout this section shall
apply to the entire family equidae.
b. The term "vehicle" as used throughout this section shall
apply to every device in, upon, or by which any person or
property is or may be transported or drawn upon a highway,
except devices moved by human power or used exclusively upon
stationary rails or tracks.
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360. Poisoning
or attempting to poison animals.
A person who unjustifiably
administers any poisonous or noxious drug or substance to a
horse, mule or domestic cattle or unjustifiably exposes any
such drug or substance with intent that the same shall be
taken by horse, mule or by domestic cattle, whether such
horse, mule or domestic cattle be the property of himself or
another, is guilty of a felony. A person who unjustifiably
administers any poisonous or noxious drug or substance to an
animal, other than a horse, mule, or domestic cattle, or
unjustifiably exposes any such drug or substance with intent
that the same shall be taken by an animal other than a
horse, mule or domestic cattle, whether such animal be the
property of himself or another 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.
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361.
Interference with or injury to certain domestic animals.
A
person who willfully or unjustifiably interferes with,
injures, destroys or tampers with or who willfully sets on
foot, instigates, engages in or in any way furthers any act
by which any horse, mule, dog or any other domestic animal
used for the purposes of racing, breeding, or competitive
exhibition of skill, breed or stamina, is interfered with,
injured, destroyed or tampered with, or any act tending to
produce such interference, injury, destruction or tampering,
whether such horse, mule, dog or other domestic animal be
the property of himself or another, is guilty of a felony.
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362. Throwing
substance injurious to animals in public place.
A
person who willfully throws, drops or places, or causes to
be thrown, dropped or placed upon any road, highway, street
or public place, any glass, nails, pieces of metal, or other
substance which might wound, disable or injure any animal 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.
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363.
Unauthorized possession of dogs presumptive evidence of
larceny.
The unauthorized possession of a dog
or dogs, by any person not the true owner, for a period
exceeding ten days, without notifying either the owner, the
local police authorities, or the superintendent of the state
police at Albany, New York, of such possession, shall be
presumptive evidence of larceny.
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364. Running
horses on highway.
A
person driving any vehicle upon any plank road, turnpike or
public highway, who unjustifiably runs the horses drawing
the same, or causes or permits them to run, is guilty of a
misdemeanor, punishable by imprisonment for not more than
one year, or by a fine of not more than five hundred
dollars, or by both.
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365. Clipping or
cutting the ears of dogs.
1.
Whoever clips or cuts off or causes or procures another to
clip or cut off the whole or any part of an ear of any dog
unless an anesthetic shall have been given to the dog and
the operation performed by a licensed veterinarian, is
guilty of a misdemeanor, punishable by imprisonment for not
more than one year, or a fine of not more than one thousand
dollars, or by both.
2. The provisions of this section shall not apply to any dog
or person who is the owner or possessor of any dog whose ear
or a part thereof has been clipped or cut off prior to
September first, nineteen hundred twenty-nine.
3. Each applicant for a dog license must state on such
application whether any ear of the dog for which he applies
for such license has been cut off wholly or in part.
4. Nothing herein contained shall be construed as preventing
any dog whose ear or ears shall have been clipped or cut off
wholly or in part, not in violation of this section, from
being imported into the state exclusively for breeding
purposes.
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366. Dog
stealing.
1. To
remove or cause to be removed the collar, identification tag
or any other identification by which the owner may be
ascertained from any dog, cat or any other domestic animal
as defined in subdivision seven of section one hundred eight
of this chapter, or to entice any identified dog, cat or
other such domestic animal into or out of any house or
enclosure for the purpose of removing its collar, tag or any
other identification, except with the owners permission.
2. To entice, seize or molest any dog, while it is being
held or led by any person or while it is properly muzzled or
wearing a collar with an identification tag attached, except
where such action is incidental to the enforcement of some
law or regulation.
3. To transport any dog, not lawfully in his possession, for
the purpose of killing or selling such dog.
Any person violating any of the provisions of this section,
upon conviction thereof, shall be punished by a fine not
exceeding two hundred dollars, or by imprisonment not to
exceed six months, or by both.
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366-a.
Removing, seizing or transporting dogs for research
purposes.
It shall be unlawful for any
person:
1. To
remove, seize or transport or cause to remove, seize or
transport any dog which belongs to or is licensed to another
for the purpose of sale, barter or to give away said dog to
a laboratory, hospital, research institute, medical school
or any agency or organization engaged in research activity,
without the express written permission of the owner or
licensee.
2. Any person who violates the provision of this section,
upon conviction thereof, shall be guilty of a misdemeanor,
and is punishable by a fine of not more than five hundred
dollars or by imprisonment for not more than six months, or
by both.
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367. Leaving
state to avoid provisions of this article.
A person who leaves this state with intent to elude any of
the provisions of this article or to commit any act out of
this state which is prohibited by them or who, being a
resident of this state, does any act without this state,
pursuant to such intent, which would be punishable under
such provisions, if committed within this state, is
punishable in the same manner as if such act had been
committed within this state.
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368. Operating
upon tails of horses unlawful.
1.
Any person who cuts the bone, tissues, muscles or tendons of
the tail of any horse, mare or gelding, or otherwise
operates upon it in any manner for the purpose or with the
effect of docking, setting, or otherwise altering the
natural carriage of the tail, or who knowingly permits the
same to be done upon premises of which he is the owner,
lessee, proprietor or user, or who assists in or is
voluntarily present at such cutting, is guilty of a
misdemeanor, punishable by imprisonment for not more than
one year, or by a fine of not more than five hundred dollars
or by both. If a horse is found with the bone, tissues,
muscles or tendons of its tail cut as aforesaid and with the
wound resulting therefrom unhealed, upon the premises or in
the charge and custody of any person, such fact shall be
prima facie evidence of a violation of this section by the
owner or user of such premises or the person having such
charge or custody, respectively.
2. Any person who shows or exhibits at any horse show or
other like exhibition in this state a horse, mare or
gelding, the tail of which has been cut or operated upon in
the manner referred to in section one hereof is guilty of a
misdemeanor punishable by imprisonment for not more than one
year, or by a fine of not more than five hundred dollars, or
by both; provided that the provisions of this section shall
not apply with respect to an animal the tail of which has
been so cut or operated upon, if the owner thereof furnishes
to the manager or other official having charge of the horse
show or exhibition at which such animal is shown or
exhibited an affidavit by the owner, or a licensed
veterinarian, in a form approved by the state department of
agriculture and markets, stating either that the tail of
such horse was so cut prior to June first, nineteen hundred
sixty-four, or that it was so cut in a state wherein such
cutting was not then specifically prohibited by the laws
thereof. Said affidavit shall, to the best of affiant's
knowledge, information and belief, identify the animal with
respect to sex, age, markings, sire and dam, and state
either that the cutting was done prior to June first
nineteen hundred sixty-four, or the time and place of such
cutting and the name and address of the person by whom
performed. The affidavit shall be subject to inspection at
all reasonable times by any peace officer, acting pursuant
to his special duties, or police officer of this state, or
by a designated representative of the commissioner. In lieu
of furnishing such affidavit to the manager or other
official having charge of such horse show or exhibition, the
owner of such horse may specify on the entry blank for the
horse show or exhibition the name and address of a central
registry office designated by the state department of
agriculture and markets where such an affidavit has already
been filed and is available for inspection.
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369.
Interference with officers.
Any person who shall interfere with
or obstruct any constable or police officer or any officer
or agent of any duly incorporated society for the prevention
of cruelty to animals in the discharge of his duty to
enforce the laws relating to animals shall be 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.
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370. Protection
of the public from attack by wild animals and reptiles.
Any person owning, possessing or
harboring a wild animal or reptile capable of inflicting
bodily harm upon a human being, who shall fail to exercise
due care in safeguarding the public from attack by such wild
animal or reptile, is guilty of a misdemeanor, punishable by
imprisonment for not more than one year, or by a fine of not
more than five hundred dollars, or by both. "Wild animal"
within the meaning of this section, shall not include a dog
or cat or other domestic animal.
Previous attacks upon a human being by such wild animal or
reptile, or knowledge of the vicious propensities of such
wild animal or reptile, on the part of the possessor or
harborer thereof, shall not be required to be proven by the
people upon a prosecution hereunder; and neither the fact
that such wild animal or reptile has not previously attacked
a human being, nor lack of knowledge of the vicious
propensities of such wild animal or reptile on the part of
the owner, possessor or harborer thereof shall constitute a
defense to a prosecution hereunder.
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371. Powers of
peace officers.
A
constable or police officer must, and any agent or officer
of any duly incorporated society for the prevention of
cruelty to animals may issue an appearance ticket pursuant
to section 150.20 of the criminal procedure law, summon or
arrest, and bring before a court or magistrate having
jurisdiction, any person offending against any of the
provisions of article twenty-six of the agriculture and
markets law. Any officer or agent of any of said societies
may lawfully interfere to prevent the perpetration of any
act of cruelty upon any animal in his presence. Any of said
societies may prefer a complaint before any court, tribunal
or magistrate having jurisdiction, for the violation of any
law relating to or affecting animals and may aid in
presenting the law and facts before such court, tribunal or
magistrate in any proceeding taken.
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372. Issuance of
warrants upon complaint.
Upon
complaint under oath or affirmation to any magistrate
authorized to issue warrants in criminal cases, that the
complainant has just and reasonable cause to suspect that
any of the provisions of law relating to or in any wise
affecting animals are being or about to be violated in any
particular building or place, such magistrate shall
immediately issue and deliver a warrant to any person
authorized by law to make arrests for such offenses,
authorizing him to enter and search such building or place,
and to arrest any person there present found violating any
of said laws, and to bring such person before the nearest
magistrate of competent jurisdiction, to be dealt with
according to law.
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373. Seizure of
animals lost, strayed, homeless, abandoned or improperly
confined or kept.
1.
Any police officer or agent or officer of the American
Society for the Prevention of Cruelty to Animals or any duly
incorporated society for the prevention of cruelty to
animals, may lawfully take possession of any lost, strayed,
homeless or abandoned animal found in any street, road or
other public place.
1-a. Any police officer in Lewis county may lawfully take
possession of any lost, strayed, homeless or abandoned
domestic animal, as defined in section one hundred eight of
this chapter, found in any street, road or other public
place.
2. Any such police officer or agent or officer may also
lawfully take possession of any animal in or upon any
premises other than a street, road or other public place,
which for more than twelve successive hours has been
confined or kept in a crowded or unhealthy condition or in
unhealthful or unsanitary surroundings or not properly cared
for or without necessary sustenance, food or drink, provided
that a complaint stating just and reasonable grounds is made
under oath or affirmation to any magistrate authorized to
issue warrants in criminal cases, and that such warrant
authorizing entry and search is issued and delivered by such
magistrate; if just and reasonable cause is shown, the
magistrate shall immediately issue such warrant.
3. Any such police officer or agent or officer may also
lawfully take possession of any unwanted animal from the
person in possession or custody thereof.
4. When any person arrested is, at the time of such arrest,
in charge of any animal or of any vehicle drawn by or
containing any animal, any agent or officer of said society
or societies or any police officer may take charge of such
animal and of such vehicle and its contents, and deposit the
same in a safe place or custody, or deliver the same into
the possession of the police or sheriff of the county or
place wherein such arrest was made, who shall thereupon
assume the custody thereof; and all necessary expenses
incurred in taking charge of such property shall be a charge
thereon.
5. Nothing herein contained shall restrict the rights and
powers derived from section one hundred eighteen of this
chapter relating to seizure of unlicensed dogs and the
disposition to be made of animals so seized or taken, nor
those derived from any other general or special law relating
to the seizure or other taking of dogs and other animals by
a society for the prevention of cruelty to animals.
6. a. If any animal is seized and impounded pursuant to the
provisions of this section or section three hundred
seventy-five of this article for any violation of this
article, upon arraignment of charges the duly incorporated
society for the prevention of cruelty to animals, humane
society, pound, animal shelter or any authorized agents
thereof, hereinafter referred to for the purposes of this
section as the "impounding organization", may file a
petition with the court requesting that the person from whom
an animal is seized or the owner of the animal be ordered to
post a security. The security shall be in an amount
sufficient to secure payment for all reasonable expenses
expected to be incurred by the impounding organization in
caring and providing for the animal pending disposition of
the charges. Reasonable expenses shall include, but not be
limited to, estimated medical care and boarding of the
animal for at least thirty days. The amount of the security,
if any, shall be determined by the court after taking into
consideration all of the facts and circumstances of the case
including, but not limited to the recommendation of the
impounding organization having custody and care of the
seized animal and the cost of caring for the animal. If a
security has been posted in accordance with this section,
the impounding organization may draw from the security the
actual reasonable costs to be incurred by such organization
in caring for the seized animal.
b. (1) Upon receipt of a petition pursuant to paragraph a of
this subdivision the court shall set a hearing on the
petition to be conducted within ten business days of the
filing of such petition. The petitioner shall serve a true
copy of the petition upon the defendant and the district
attorney. The petitioner shall also serve a true copy of the
petition on any interested person. For purposes of this
subdivision, interested person shall mean an 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 animal
which is the subject of the petition. The petitioner shall
have the burden of proving by a preponderance of the
evidence that the person from whom the animal was seized
violated a provision of this article. The court may waive
for good cause shown the posting of security.
(2) If the court orders the posting of a security, the
security shall be posted with the clerk of the court within
five business days of the hearing provided for in
subparagraph one of this paragraph. The court may order the
immediate forfeiture of the seized animal to the impounding
organization if the person ordered to post the security
fails to do so. Any animal forfeited shall be made available
for adoption or euthanized subject to subdivision seven-a of
section one hundred eighteen of this chapter or section
three hundred seventy-four of this article.
(3) In the case of an animal other than a companion animal
or pet, if a person ordered to post security fails to do so,
the court may, in addition to the forfeiture to a duly
incorporated society for the prevention of cruelty to
animals, humane society, pound, animal shelter or any
authorized agents thereof, and subject to the restrictions
of sections three hundred fifty-four, three hundred
fifty-seven and three hundred seventy-four of this article,
order the animal which was the basis of the order to be
sold, provided that all interested persons shall first be
provided the opportunity to redeem their interest in the
animal and to purchase the interest of the person ordered to
post security, subject to such conditions as the court deems
appropriate to assure proper care and treatment of the
animal. The court may reimburse the person ordered to post
security and any interested persons any money earned by the
sale of the animal less any costs including, but not limited
to, veterinary and custodial care. Any animal determined by
the court to be maimed, diseased, disabled or infirm so as
to be unfit for sale or any useful purpose shall be
forfeited to a duly incorporated society for the prevention
of cruelty to animals or a duly incorporated humane society
or authorized agents thereof, and be available for adoption
or shall be euthanized subject to section three hundred
seventy-four of this article.
(4) 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 animal described in this section.
This section expressly does not impair or subordinate the
rights of such a secured lender having a security interest
in the animal or in the proceeds from the sale of such
animal.
c. In no event shall the security prevent the impounding
organization having custody and care of the animal from
disposing of the animal pursuant to section three hundred
seventy-four of this article prior to the expiration of the
thirty day period covered by the security if the court makes
a determination of the charges against the person from whom
the animal was seized prior thereto. Upon receipt of a
petition from the impounding organization, the court may
order the person from whom the animal was seized or the
owner of the animal to post an additional security with the
clerk of the court to secure payment of reasonable expenses
for an additional period of time pending a determination by
the court of the charges against the person from whom the
animal was seized. The person who posted the security shall
be entitled to a refund of the security in whole or part for
any expenses not incurred by such impounding organization
upon adjudication of the charges. The person who posted the
security shall be entitled to a full refund of the security,
including reimbursement by the impounding organization of
any amount allowed by the court to be expended, and the
return of the animal seized and impounded upon acquittal or
dismissal of the charges, except where the dismissal is
based upon an adjournment in contemplation of dismissal
pursuant to section 215.30 of the criminal procedure law.
The court order directing such refund and reimbursement
shall provide for payment to be made within a reasonable
time from the acquittal or dismissal of charges.
7. Notwithstanding any other provision of this section to
the contrary, the court may order a person charged with any
violation of this article to provide necessary food, water,
shelter and care for any animal which is the basis of the
charge, without the removal of the animal from its existing
location, until the charges against the person are
adjudicated. Until a final determination of the charges is
made, any law enforcement officer, officer of a duly
incorporated society for the prevention of cruelty to
animals, or its authorized agents, may be authorized by an
order of the court to make regular visits to where the
animal is being kept to ascertain if the animal is receiving
necessary food, water, shelter and care. Nothing shall
prevent any law enforcement officer, officer of a duly
incorporated society for the prevention of cruelty to
animals, or its authorized agents, from applying for a
warrant pursuant to this section to seize any animal being
held by the person charged pending the adjudication of the
charges if it is determined that the animal is not receiving
the necessary food, water, shelter or care.
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374. Humane
destruction or other disposition of animals lost, strayed,
homeless, abandoned or improperly confined or kept.
1. Any agent or officer of the
American Society for the Prevention of Cruelty to Animals,
or of any society duly incorporated for that purpose, or any
police officer, may lawfully and humanely destroy or cause
to be humanely destroyed any animal found abandoned and not
properly cared for, or any lost, strayed, homeless or
unwanted animal, if upon examination a licensed veterinary
surgeon shall certify in writing, or if two reputable
citizens called by him to view the same in his presence find
that the animal is so maimed, diseased, disabled, or infirm
so as to be unfit for any useful purpose; or after such
agent or officer has obtained in writing from the owner of
such animal his consent to such destruction.
2. In the absence of such findings
or certificate the American Society for the Prevention of
Cruelty to Animals or any society duly incorporated for that
purpose may after five days humanely destroy any animal of
which possession is taken as provided for in the preceding
section, unless the same is earlier redeemed by its owner.
a. The use of a decompression chamber or decompression
device of any kind is hereby declared to be inhumane when
used for the purpose of destroying an animal and is hereby
prohibited.
b. No person shall euthanize any dog or cat with T-61,
curare, any curariform drug, any neuromuscular blocking
agent or any other paralyzing drug.
c. No person shall euthanize a dog or cat by gunshot except
as an emergency procedure for a dangerous dog or a severely
injured dog or cat that is suffering and cannot otherwise be
aided.
d. No person shall euthanize a dog or cat by gas emitted
from any engine exhaust system.
e. No person shall release any dog or cat from the custody
or control of any pound, shelter, society for the prevention
of cruelty to animals, humane society, dog protective
association, dog control officer, peace officer or agent
thereof, for any purpose except adoption or redemption by
its owner.
Any violation of this subdivision, or subdivision two-a,
two-b, two-c or two-d 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.
3. In lieu of such destruction or redemption, such society
may in its discretion lawfully and without liability deliver
such animal for adoption to an individual other than the
owner after the time for redemption has expired.
4. 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 magistrate, as may have been
reasonably expended by such society in connection with the
care and maintenance thereof.
5. 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-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-a, two-b,
two-c and two-d of this section, no dog or cat in the
custody of a duly incorporated society for the prevention of
cruelty to animals, a duly incorporated humane society or
its authorized agents thereof, or a pound or shelter, 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
incorporated humane society, 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 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 abetted in the
unlawful act which was the basis of the conviction, or who
knew or should have know of the unlawful act. The court
shall reimburse the convicted person and any duly determined
interested persons, pursuant to paragraph F of this
subdivision, any money earned by the sale of the farm
animals less any costs including, but not limited to,
veterinary 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, or humanely dispose of them
according to the provisions of subdivisions two-a, two-b,
two-c, and two-d 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 pecuniary 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, interested 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
security interest in farm animals or in the proceeds from
the sale of such farm animals.
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375. Officer may
take possession of animals or Implements used in fights
among animals.
Any officer authorized by law to
make arrests may lawfully take possession of any animals, or
implements, or other property used or employed, or about to
be used or employed, in the violation of any provision of
law relating to fights among animals. He shall state to the
person in charge thereof, at the time of such taking, his
name and residence, and also, the time and place at which
the application provided for by the next section will be
made.
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376. Disposition
of animals or Implements used in fights among animals.
The
officer, after taking possession of such animals, or
implements, or other property, pursuant to the preceding
section, shall apply to the magistrate before whom complaint
is made against the offender violating such provision of
law, for the order next hereinafter mentioned and shall make
and file an affidavit with such magistrate, stating therein
the name of the offender charged in such complaint, the
time, place and description of the animals, implements or
other property so taken, together with the name of the party
who claims the same, if known, and that the affiant has
reason to believe and does believe, stating the grounds of
such belief, that the same were used or employed, or were
about to be used or employed, in such violation, and will
establish the truth thereof upon the trial of such offender.
He shall then deliver such animals, implements, or other
property, to such magistrate, who shall thereupon, by order
in writing, place the same in the custody of an officer or
other proper person in such order named and designated, to
be by him kept until the trial or final discharge of the
offender, and shall send a copy of such order, without
delay, to the district attorney of the county. The officer
or person so named and designated in such order, shall
immediately thereupon assume such custody, and shall retain
the same for the purpose of evidence upon such trial,
subject to the order of the court before which such offender
may be required to appear, until his final discharge or
conviction. Upon the conviction of such offender, the
animals, implements, or other property, shall be adjudged by
the court to be forfeited. In the event of the acquittal or
final discharge, without conviction, of such offender, such
court shall, on demand, direct the delivery of the property
so held in custody to the owner thereof.
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377. Disposal of
dead animals.
1. The carcasses of large domestic
animals, including but not limited to horses, cows, sheep,
swine, goats and mules, which have died otherwise than by
slaughter, shall be buried at least three feet below the
surface of the ground or otherwise disposed of in a sanitary
manner by the owner of such animals, whether the carcasses
are located on the premises of such owner or elsewhere. Such
disposal shall be completed within seventy-two hours after
the owner is directed to do so by any peace officer, acting
pursuant to his special duties, police officer, or by a
designated representative of the commissioner.
2.
Notwithstanding section forty-one of this chapter, any
violation of this section shall constitute a violation. This
section shall not apply to animal carcasses used for
experimental or teaching purposes.
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378. Unlawful
tampering with animal research.
1. Definitions. For the purposes of
this section, the following terms shall have the following
meanings:
a. "Infectious agents" shall be limited to those organisms
that cause serious physical injury or death to humans.
b. "Animal" means any warm or cold-blooded animal or insect
which is being used in food or fiber production,
agriculture, research, testing, or education, however, shall
not include any animal held primarily as a pet.
c. "Facility" means any building, structure, laboratory,
vehicle, pasture, paddock, pond, impoundment or premises
where any scientific research, test, experiment, production,
education, or investigation involving the use of any animal
is carried out, conducted or attempted or where records or
documents relating to an animal or animal research, tests,
experiments, production, education or investigation are
maintained.
d. "Release" means to intentionally set free from any
facility any animal without any right, title, or claim
thereto.
e. "Abandonment" means the intentional relinquishment or
forsaking of possession or control of any animal released
from a facility.
f. "Person" means any individual, firm, organization,
partnership, association or corporation.
g. "Secret scientific material" means a sample, culture,
micro-organism, specimen, record, recording, document,
drawing or any other article, material, device or substance
which constitutes, represents, evidences, reflects, or
records a scientific or technical process, invention or
formula or any part or phase thereof which is stored,
tested, studied or examined in any facility, and which is
not, and not intended to be, available to anyone other than
the person or persons rightfully in possession thereof or
selected persons having access thereto with his or their
consent, and when it accords or may accord such rightful
possessors an advantage over competitors or other persons
who do not have knowledge or the benefit thereof.
h. "Notice" means to provide information in such detail to
make a reasonable person aware of the presence in a facility
of infectious agents or secret scientific material.
2. Notice. Any person who, after notice has been given by:
a. actual notice in writing or orally to the person; or
b. prominently posting written notice upon or immediately
adjacent to the facility; or
c. notice that is announced upon entry to the facility by
any person:
c.(i) knowingly or intentionally releases an animal from a
facility or causes the abandonment of an animal knowing that
such animal was exposed to infectious agents prior to such
release or abandonment and was capable of transmitting such
infectious agents to humans; or,
c.(ii) with intent to do so, causes loss or damage to secret
scientific material, and having no right to do so nor any
reasonable ground to believe that he has such right, causes
loss of or damage to any secret scientific material in an
amount in excess of two hundred fifty dollars at a facility
shall be guilty of unlawful tampering with animal research.
Unlawful tampering with animal research is a class E felony
punishable in accordance with the penal law.
3. Private right of action. Any person who violates any
provision of this section shall be liable in any court of
competent jurisdiction, including small claims court, in an
amount equal to:
a. Damages sustained as a result of such violation or fifty
dollars, whichever is greater, for each violation;
b. Such additional punitive damages as the court may allow;
c. Attorney's fees and costs; and
d. Cost of duplicating any experiment which was damaged by
the unlawful tampering with animal research, if applicable.
In
any action brought by any person to enforce this section,
the court may subject to its jurisdiction, issue an
injunction to restrain or prevent any violation of this
section or any continuance of any such violation.
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