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

                                         2164

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 15, 2009
                                      ___________

       Introduced  by  M.  of A. McENENY, ENGLEBRIGHT, EDDINGTON -- Multi-Spon-
         sored by -- M. of A.  JOHN, V. LOPEZ, MARKEY -- read once and referred
         to the Committee on Agriculture

       AN ACT to amend the agriculture and markets law, in relation to abandon-
         ment of animals and repealing section 355 of such law relating thereto

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Section 355 of the agriculture and markets law is REPEALED
    2  and a new section 355 is added to read as follows:
    3    S 355. ABANDONMENT OF ANIMALS. 1.  FOR  PURPOSES  OF  THIS  SECTION  A
    4  PERSON  "ABANDONS"  AN  ANIMAL  WHEN  HE  OR  SHE  DESERTS  OR  GIVES UP
    5  POSSESSION OF AN ANIMAL IN A PUBLIC OR  PRIVATE  PLACE,  WITHOUT  TRANS-
    6  FERRING  OWNERSHIP  OR CUSTODY OF SUCH ANIMAL TO ANOTHER WHO VOLUNTARILY
    7  ASSUMES SUCH OWNERSHIP  OR  CUSTODY,  AND  WITH  THE  INTENTION  OF  NOT
    8  RECLAIMING  THE ANIMAL, OR WHEN HE OR SHE HAS BEEN NOTIFIED OR OTHERWISE
    9  KNOWS OF THE LOCATION OF THE ANIMAL IN  A  PUBLIC  PLACE  AND  FAILS  TO
   10  RETRIEVE OR TAKE REASONABLE EFFORTS TO RETRIEVE THE ANIMAL.
   11    2.  A  PERSON WHO OWNS OR HAS POSSESSION OR CUSTODY OF ANY ANIMAL, WHO
   12  ABANDONS SUCH ANIMAL, SHALL BE GUILTY OF A CLASS A MISDEMEANOR, PUNISHA-
   13  BLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE
   14  THAN ONE THOUSAND DOLLARS, OR BOTH.
   15    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   16  have become a law.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00748-01-9