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A10316 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10316
 
                   IN ASSEMBLY
 
                                      May 20, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
          Committee on Agriculture
 
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          humane  destruction  or other disposition of certain animals by a duly
          incorporated humane society or society for the prevention  of  cruelty
          to animals, dog control officer, or any police officer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 6, 7, 7-a, 8, 9 and 11 of section 117  of  the
     2  agriculture and markets law, such section as renumbered by section 12 of
     3  part  T  of  chapter  59 of the laws of 2010, subdivision 6, 9 and 11 as
     4  added by chapter 220 of the laws of 1978, subdivision 7  as  amended  by
     5  section  13 of part T of chapter 59 of the laws of 2010, subdivision 7-a
     6  as amended by chapter 83 of the  laws  of  2011  and  subdivision  8  as
     7  amended  by  chapter  221  of  the  laws of 1978, are amended to read as
     8  follows:
     9    6. Promptly upon seizure of any identified dog, the owner of record of
    10  such dog shall be notified  personally  or  by  certified  mail,  return
    11  receipt requested, of the facts of seizure and the procedure for redemp-
    12  tion.  If notification is personally given, such dog shall be held for a
    13  period of seven days after day of notice, during which  period  the  dog
    14  may be redeemed by the owner. If such notification is made by mail, such
    15  dog  shall  be  held for a period of nine days from the date of mailing,
    16  during which period the dog may be redeemed  by  the  owner.  In  either
    17  case, the owner may redeem such dog upon payment of the impoundment fees
    18  prescribed  by  subdivision  four of this section and by producing proof
    19  that the dog has been licensed, provided, however, that the notification
    20  requirements and redemption rights  provided  by  this  subdivision  are
    21  inapplicable if the owner relinquished possession and control of the dog
    22  pursuant  to  subdivision  one  of section three hundred seventy-four of
    23  this chapter and such dog shall be made available for  adoption  subject
    24  to  subdivision  seven,  seven-a,  eight  and  nine  of this section and
    25  subject to the provisions of subdivisions two and three of section three
    26  hundred seventy-four of this chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14256-03-6

        A. 10316                            2
 
     1    7. An owner shall forfeit title to any dog unredeemed at  the  expira-
     2  tion  of  the  appropriate  redemption period prescribed by subdivisions
     3  six, eight and nine of this section and subject  to  the  provisions  of
     4  section  three  hundred  seventy-four of this chapter, and the dog shall
     5  then be made available for adoption [or euthanized] subject to [subdivi-
     6  sions  six,  eight  and  nine]  subdivision  seven-a of this section and
     7  subject to the provisions of section three hundred seventy-four of  this
     8  chapter or euthanized subject to the provisions of section three hundred
     9  seventy-four of this chapter. Any municipality may by local law or ordi-
    10  nance   establish  additional  conditions  for  adoption  including  the
    11  requirement that adopted dogs shall be  spayed  or  neutered  before  or
    12  after release from custody upon such terms and conditions as the munici-
    13  pality may establish.
    14    7-a.  Any animal in the custody of a pound or shelter shall, after the
    15  expiration of the appropriate redemption period prescribed  by  subdivi-
    16  sions  six, eight and nine of this section and subject to the provisions
    17  of section three hundred seventy-four of this chapter, be made available
    18  for adoption or euthanized subject to [subdivisions six, eight and  nine
    19  of  this section and subject to] the provisions of section three hundred
    20  seventy-four  of  this  chapter  [after  the  time  for  redemption  has
    21  expired];  provided,  however,  that such release may be made to another
    22  such pound, duly incorporated society for the prevention of  cruelty  to
    23  animals,  duly  incorporated  humane society or duly incorporated animal
    24  protective association for the sole purpose of placing such animal in an
    25  adoptive home, when such action is reasonably believed  to  improve  the
    26  opportunity for adoption.
    27    8.  The  redemption  periods  set forth above in this section notwith-
    28  standing, any municipality may establish the duration of such periods by
    29  local law or ordinance, provided that no such period shall be less  than
    30  [three]  five  days,  except  that where notice to the owner is given by
    31  mail, no such period shall be less than seven days.
    32    9. Any dog, owned by a resident of any city  having  a  population  of
    33  over two million or by a non-resident of this state, seized and impound-
    34  ed  pursuant  to  the provisions of this article, and whose owner can be
    35  identified, shall  be  subject  to  subdivision  six  of  this  section,
    36  provided,  however,  that  the  notification requirements and redemption
    37  rights provided by such subdivision are inapplicable if the owner relin-
    38  quished possession and control of the dog pursuant to subdivision one of
    39  section three hundred seventy-four of this chapter and such dog shall be
    40  made available for adoption pursuant to the provisions  of  subdivisions
    41  two and three of section three hundred seventy-four of this chapter.  If
    42  the dog is licensed pursuant to the provisions of law of the area of the
    43  owner's  residence, the licensing requirements of this article shall not
    44  apply provided such dog is not harbored within this  state  outside  any
    45  city  having  a  population  of  over two million for a period exceeding
    46  thirty days.
    47    11. No liability in damages or otherwise shall be incurred on  account
    48  of  the  seizure,  euthanization  or adoption of any dog pursuant to the
    49  provisions of this article or of section three hundred  seventy-four  of
    50  this chapter.
    51    §  2.  Subdivisions  1  and  2  of  section 374 of the agriculture and
    52  markets law, as amended by chapter 449 of the laws of 2010, are  amended
    53  to read as follows:
    54    1.  Any  agent  or  officer of any duly incorporated humane society, a
    55  duly incorporated society for the prevention of cruelty to animals,  any
    56  dog  control  officer,  or  any police officer, may lawfully cause to be

        A. 10316                            3
 
     1  humanely destroyed (by means provided for in paragraph a of  subdivision
     2  three of this section) any animal found abandoned and not properly cared
     3  for, or any lost, strayed, homeless or unwanted animal, if upon examina-
     4  tion  a  licensed  veterinarian  shall  certify  in  writing,  or if two
     5  reputable citizens called upon by such agent, officer or police  officer
     6  to  view  the  same  in  his  or her presence find that the animal is so
     7  maimed, diseased, disabled, or infirm so as to be unfit for  any  useful
     8  purpose  and  that  humane euthanasia is warranted; or after such agent,
     9  officer or police officer has obtained in writing from the owner of such
    10  animal his or her consent to such destruction; provided however, that if
    11  an animal is not maimed, diseased, disabled or infirm such  owner  shall
    12  not consent to destruction of such animal and shall relinquish ownership
    13  and  possession  of such animal to a duly incorporated humane society, a
    14  duly incorporated society for the prevention of cruelty to  animals,  or
    15  any  pound maintained by or under contract or agreement with any county,
    16  city, town or village.
    17    2. In the absence of such findings or certification, a  duly  incorpo-
    18  rated  humane society, a duly incorporated society for the prevention of
    19  cruelty to animals, or any pound maintained  by  or  under  contract  or
    20  agreement  with any county, city, town or village [may] shall after five
    21  days make available for adoption [or have humanely destroyed in  accord-
    22  ance with the provisions of this section and subject to], unless a long-
    23  er  period  is prescribed by subdivisions six, eight and nine of section
    24  one hundred [eighteen] seventeen of this chapter, any  animal  of  which
    25  possession  is  taken  as  provided for in [the preceding] section three
    26  hundred seventy-three of  this  article,  unless  the  same  is  earlier
    27  redeemed   by  its  owner,  provided  that  no  owner  who  relinquished
    28  possession and ownership of an animal pursuant  to  subdivision  one  of
    29  this  section  shall  be  allowed  to redeem such animal and such animal
    30  shall be immediately made available for adoption.
    31    § 3. Section 374 of the agriculture and  markets  law  is  amended  by
    32  adding a new subdivision 2-a to read as follows:
    33    2-a.  Any  animal of which possession is taken pursuant to subdivision
    34  one of this section that is in the possession  of  a  duly  incorporated
    35  humane society, a duly incorporated society for the prevention of cruel-
    36  ty to animals, or any pound maintained by or under contract or agreement
    37  with  any  county,  city,  town  or village and has not been redeemed or
    38  adopted pursuant to subdivision two  of  this  section,  shall  be  made
    39  available  for  adoption  for a reasonably practicable period that shall
    40  not be less than ninety days, which shall commence immediately after the
    41  expiration of the redemption period provided by subdivision two of  this
    42  section  provided  that  if  during such period a veterinarian certifies
    43  that such animal is so maimed, diseased, disabled, or infirm  as  to  be
    44  unfit  for  any useful purpose such animal may, in the discretion of the
    45  entity in possession of such animal, be humanely destroyed in accordance
    46  with the provisions of this section and  subject  to  subdivisions  six,
    47  eight and nine of section one hundred seventeen of this chapter prior to
    48  the expiration of such period. After the expiration of such period, such
    49  animal  may,  in  the  discretion  of  the  entity in possession of such
    50  animal, be humanely destroyed in accordance with the provisions of  this
    51  section  and  subject to subdivisions six, eight and nine of section one
    52  hundred seventeen of this chapter. For  purposes  of  this  subdivision,
    53  when determining a reasonably practicable period, consideration shall be
    54  given  to  the  number  of  other  animals at the shelter, the shelter's
    55  capacity for housing and caring for animals, the length of time that the
    56  animal has been in the shelter, and the animal's health.

        A. 10316                            4

     1    § 4. This act shall take effect on the ninetieth day  after  it  shall
     2  have  become  a  law; provided, however, that effective immediately, the
     3  addition, amendment and/or repeal of any rule  or  regulation  necessary
     4  for  the implementation of this act on its effective date are authorized
     5  and directed to be made and completed on or before such effective date.
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