STATE OF NEW YORK
________________________________________________________________________
893
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to codifying animal cruelty
laws under the penal law; to amend the agriculture and markets law,
the criminal procedure law, the environmental conservation law, the
general business law, the family court act and the administrative code
of the city of New York, in relation to making conforming technical
changes; and to repeal article 26 of the agriculture and markets law
relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new article 236 to
2 read as follows:
3 ARTICLE 236
4 OFFENSES AGAINST ANIMALS
5 Section 236.00 Definitions.
6 236.01 Prohibition of animal fighting.
7 236.02 Overdriving, torturing and injuring animals; failure to
8 provide proper sustenance.
9 236.03 Aggravated cruelty to animals.
10 236.04 Appropriate shelter for dogs left outdoors.
11 236.05 Electrocution of fur-bearing animals prohibited.
12 236.06 Sale of baby chicks and baby rabbits.
13 236.07 Abandonment of animals.
14 236.08 Failure to provide proper food and drink to an impounded
15 animal.
16 236.09 Selling or offering to sell or exposing diseased animal.
17 236.10 Selling disabled horses.
18 236.11 Live animals as prizes prohibited.
19 236.12 Carrying an animal in a cruel manner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05010-01-3
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1 236.13 Transportation of horses.
2 236.14 Poisoning or attempting to poison animals.
3 236.15 Interference with or injury to certain domestic animals.
4 236.16 Throwing substance injurious to animals in public place.
5 236.17 Unauthorized possession of dogs presumptive evidence of
6 larceny.
7 236.18 Running horses on highway.
8 236.19 Clipping or cutting the ears of dogs.
9 236.20 Dog stealing.
10 236.21 Removing, seizing or transporting dogs for research
11 purposes.
12 236.22 Leaving state to avoid provisions of this article.
13 236.23 Operating upon tails of horses unlawful.
14 236.24 Interference with officers.
15 236.25 Protection of the public from attack by wild animals and
16 reptiles.
17 236.26 Powers of peace officers.
18 236.27 Issuance of warrants upon complaint.
19 236.28 Seizure of animals lost, strayed, homeless, abandoned or
20 improperly confined or kept.
21 236.29 Humane destruction or other disposition of animals lost,
22 strayed, homeless, abandoned or improperly confined or
23 kept.
24 236.30 Officer may take possession of animals or implements used
25 in fights among animals.
26 236.31 Disposition of animals or implements used in fights among
27 animals.
28 236.32 Disposal of dead animals.
29 236.33 Spaying and neutering of dogs and cats.
30 236.34 Unlawful tampering with animal research.
31 236.35 Prohibition of the selling of fur, hair, skin or flesh of
32 a dog or cat.
33 236.36 Confinement of companion animals in vehicles; extreme
34 temperatures.
35 236.37 Companion animal grooming facilities; prohibited prac-
36 tices.
37 § 236.00 Definitions.
38 1. "Animal", as used in this article, includes every living creature
39 except a human being.
40 2. "Torture" or "cruelty" includes every act, omission, or neglect,
41 whereby unjustifiable physical pain, suffering or death is caused or
42 permitted.
43 3. "Adoption" means the delivery to any natural person eighteen years
44 of age or older, for the limited purpose of harboring a pet, of any dog
45 or cat, seized or surrendered.
46 4. "Farm animal", as used in this article, means any ungulate, poul-
47 try, species of cattle, sheep, swine, goats, llamas, horses or fur-bear-
48 ing animals, as defined in section 11-1907 of the environmental conser-
49 vation law, which are raised for commercial or subsistence purposes.
50 Fur-bearing animal shall not include dogs or cats.
51 5. "Companion animal" or "pet" means any dog or cat, and shall also
52 mean any other domesticated animal normally maintained in or near the
53 household of the owner or person who cares for such other domesticated
54 animal. "Pet" or "companion animal" shall not include a "farm animal" as
55 defined in this section.
56 § 236.01 Prohibition of animal fighting.
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1 1. Definitions. For purposes of this section, the term "animal fight-
2 ing" shall mean any fight between cocks or other birds, or between dogs,
3 bulls, bears or any other animals, or between any such animal and a
4 person or persons, except in exhibitions of a kind commonly featured at
5 rodeos.
6 2. Animal fighting; first offense. (a) Any person who engages in any
7 of the following conduct is guilty of a class E felony for his or her
8 first offense punishable by imprisonment for a period not to exceed four
9 years, or by a fine not to exceed twenty-five thousand dollars, or by
10 both such fine and imprisonment:
11 (i) For amusement or gain, causes any animal to engage in animal
12 fighting; or
13 (ii) Trains any animal under circumstances evincing an intent that
14 such animal engage in animal fighting for amusement or gain; or
15 (iii) Breeds, sells or offers for sale any animal under circumstances
16 evincing an intent that such animal engage in animal fighting; or
17 (iv) Permits any act described in subparagraph (i), (ii) or (iii) of
18 this paragraph to occur on premises under his or her control; or
19 (v) Owns, possesses or keeps any animal trained to engage in animal
20 fighting on premises where an exhibition of animal fighting is being
21 conducted under circumstances evincing an intent that such animal engage
22 in animal fighting.
23 (b) If any of the conduct specified in paragraph (a) of this subdivi-
24 sion results in physical injury, serious physical injury, or the death
25 of the animal, the person who engages in such conduct shall be guilty of
26 a class D felony.
27 3. Possession of fighting animal; first offense. (a) Any person who
28 engages in conduct specified in paragraph (b) of this subdivision is
29 guilty of a class A misdemeanor and is punishable by imprisonment for a
30 period not to exceed one year, or by a fine not to exceed fifteen thou-
31 sand dollars, or by both such fine and imprisonment.
32 (b) The owning, possessing or keeping of any animal under circum-
33 stances evincing an intent that such animal engage in animal fighting.
34 4. Attending or wagering on animal fights; first offense. (a) Any
35 person who engages in conduct specified in paragraph (b) of this subdi-
36 vision is guilty of a class A misdemeanor and is punishable by imprison-
37 ment for a period not to exceed one year, or by a fine not to exceed one
38 thousand dollars, or by both such fine and imprisonment.
39 (b) The knowing presence as a spectator having paid an admission fee
40 or having made a wager at any place where an exhibition of animal fight-
41 ing is being conducted.
42 5. Second and additional offenses. (a) Any person who is convicted of
43 a violation of paragraph (a) of subdivision two of this section and has
44 previously been convicted of a violation of such paragraph shall be
45 guilty of a class D felony.
46 (b) Any person who is convicted of a violation of paragraph (b) of
47 subdivision two of this section and who has previously been convicted of
48 a violation of such paragraph shall be guilty of a class C felony.
49 (c) Any person who is convicted of a violation of paragraph (a) of
50 subdivision two of this section and who has previously been convicted
51 two or more times of a violation of such paragraph shall be guilty of a
52 class C felony.
53 (d) Any person who is convicted of a violation of paragraph (b) of
54 subdivision two of this section and who has previously been convicted
55 two or more times of a violation of such paragraph shall be guilty of a
56 class B felony.
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1 (e) Any person who is convicted of a violation of subdivision three of
2 this section and has previously been convicted of a violation of such
3 subdivision shall be guilty of a class E felony.
4 (f) Any person who is convicted of a violation of subdivision four of
5 this section and who has previously been convicted of a violation of
6 such subdivision shall be guilty of a class E felony.
7 § 236.02 Overdriving, torturing and injuring animals; failure to provide
8 proper sustenance.
9 1. A person who tortures or cruelly beats or unjustifiably injures,
10 maims, mutilates or kills any animal, whether wild or tame, and whether
11 belonging to himself, herself, or to another shall be guilty of a class
12 E felony.
13 2. Any person who deprives any animal of necessary sustenance, food or
14 drink, or neglects or refuses to furnish it such sustenance or drink, or
15 causes, procures or permits any animal to be overdriven or overloaded,
16 or who wilfully sets on foot, instigates, engages in, or in any way
17 furthers any act of cruelty to any animal, or any act tending to produce
18 such cruelty, is guilty of a class A misdemeanor.
19 3. Any person who deprives any animal of necessary sustenance, food or
20 drink, or neglects or refuses to furnish it such sustenance or drink, or
21 causes, procures or permits any animal to be overdriven or overloaded,
22 and such act results in the serious physical injury or death of the
23 animal shall be guilty of a class E felony.
24 4. (a) Any person who is convicted of a violation of subdivision one
25 of this section and who has previously been convicted of a violation of
26 such subdivision shall be guilty of a class D felony.
27 (b) Any person who is convicted of a violation of subdivision two of
28 this section and who has previously been convicted of a violation of
29 such subdivision shall be guilty of a class E felony.
30 (c) Any person who is convicted of a violation of subdivision three of
31 this section and who has previously been convicted of a violation of
32 such subdivision shall be guilty of a class D felony.
33 5. Nothing herein contained shall be construed to prohibit or inter-
34 fere with any properly conducted scientific tests, experiments or inves-
35 tigations, involving the use of living animals, performed or conducted
36 in laboratories or institutions, which are approved for these purposes
37 by the commissioner of health. The commissioner of health shall
38 prescribe the rules under which such approvals shall be granted, includ-
39 ing therein standards regarding the care and treatment of any such
40 animals. Such rules shall be published and copies thereof conspicuously
41 posted in each such laboratory or institution. The commissioner of
42 health or his or her duly authorized representative shall have the power
43 to inspect such laboratories or institutions to insure compliance with
44 such rules and standards. Each such approval may be revoked at any time
45 for failure to comply with such rules and in any case the approval shall
46 be limited to a period not exceeding one year.
47 § 236.03 Aggravated cruelty to animals.
48 1. A person is guilty of aggravated cruelty to animals when, with no
49 justifiable purpose, he or she intentionally kills or intentionally
50 causes serious physical injury to a companion animal with aggravated
51 cruelty.
52 2. For purposes of this section, "aggravated cruelty" shall mean
53 conduct which: (a) is intended to cause extreme physical pain; or (b) is
54 done or carried out in an especially depraved or sadistic manner.
55 3. Nothing contained in this section shall be construed to prohibit or
56 interfere in any way with anyone lawfully engaged in hunting, trapping,
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1 or fishing, as provided in article eleven of the environmental conserva-
2 tion law, the dispatch of rabid or diseased animals, as provided in
3 article twenty-one of the public health law, or the dispatch of animals
4 posing a threat to human safety or other animals, where such action is
5 otherwise legally authorized, or any properly conducted scientific
6 tests, experiments, or investigations involving the use of living
7 animals, performed or conducted in laboratories or institutions approved
8 for such purposes by the commissioner of health pursuant to section
9 236.02 of this article.
10 4. Aggravated cruelty to animals is a class E felony.
11 5. Any person who is convicted of a violation of subdivision one of
12 this section and who has previously been convicted of a violation under
13 this section shall be guilty of a class D felony.
14 § 236.04 Appropriate shelter for dogs left outdoors.
15 1. For purposes of this section:
16 (a) "Physical condition" shall include any special medical needs of a
17 dog due to disease, illness, injury, age or breed about which the owner
18 or person with custody or control of the dog should reasonably be aware.
19 (b) "Inclement weather" shall mean weather conditions that are likely
20 to adversely affect the health or safety of the dog, including but not
21 limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
22 (c) "Dogs that are left outdoors" shall mean dogs that are outdoors in
23 inclement weather without ready access to, or the ability to enter, a
24 house, apartment building, office building, or any other permanent
25 structure that complies with the standards enumerated in paragraph (b)
26 of subdivision five of this section.
27 2. (a) Any person who owns or has custody or control of a dog that is
28 left outdoors shall provide it with shelter appropriate to its breed,
29 physical condition and the climate. Any person who knowingly violates
30 the provisions of this subdivision shall be guilty of a class B misde-
31 meanor.
32 (b) Any person who violates the provisions of paragraph (a) of this
33 subdivision where such violation results in the physical injury to the
34 animal shall be guilty of a class A misdemeanor.
35 (c) Any person who violates the provisions of paragraph (a) of this
36 subdivision where such violation results in the serious physical injury
37 or death to the animal shall be guilty of a class E felony.
38 (d) Any person who violates the provisions of paragraph (a) of this
39 subdivision and who has previously been convicted of a violation of the
40 provisions of such paragraph shall be guilty of a class A misdemeanor.
41 (e) Any person who violates the provisions of paragraph (b) of this
42 subdivision and who has previously been convicted of a violation of the
43 provisions of such paragraph shall be guilty of a class E felony.
44 (f) Any person who violates the provisions of paragraph (c) of this
45 subdivision and who has previously been convicted of a violation of the
46 provisions of such paragraph shall be guilty of a class D felony.
47 3. Beginning seventy-two hours after a charge of violating this
48 section, each day that a defendant fails to correct the deficiencies in
49 the dog shelter for a dog that he or she owns or that is in his or her
50 custody or control and that is left outdoors, so as to bring it into
51 compliance with the provisions of this section shall constitute a sepa-
52 rate offense.
53 4. The court may, in its discretion, reduce the amount of any fine
54 imposed for a violation of this section by the amount which the defend-
55 ant proves he or she has spent providing a dog shelter or repairing an
56 existing dog shelter so that it complies with the requirements of this
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1 section. Nothing in this subdivision shall prevent the seizure of a dog
2 for a violation of this section pursuant to the authority granted in
3 this article.
4 5. Minimum standards for determining whether shelter is appropriate to
5 a dog's breed, physical condition and the climate shall include:
6 (a) For dogs that are restrained in any manner outdoors, shade by
7 natural or artificial means to protect the dog from direct sunlight at
8 all times when exposure to sunlight is likely to threaten the health of
9 the dog.
10 (b) For all dogs that are left outdoors in inclement weather, a hous-
11 ing facility, which must: (i) have a waterproof roof; (ii) be struc-
12 turally sound with insulation appropriate to local climatic conditions
13 and sufficient to protect the dog from inclement weather; (iii) be
14 constructed to allow each dog adequate freedom of movement to make
15 normal postural adjustments, including the ability to stand up, turn
16 around and lie down with its limbs outstretched; and (iv) allow for
17 effective removal of excretions, other waste material, dirt and trash.
18 The housing facility and the area immediately surrounding it shall be
19 regularly cleaned to maintain a healthy and sanitary environment and to
20 minimize health hazards.
21 6. Inadequate shelter may be indicated by the appearance of the hous-
22 ing facility itself, including but not limited to, size, structural
23 soundness, evidence of crowding within the housing facility, healthful
24 environment in the area immediately surrounding such facility, or by the
25 appearance or physical condition of the dog.
26 7. Upon a finding of any violation of this section, any dog or dogs
27 seized pursuant to the provisions of this article that have not been
28 voluntarily surrendered by the owner or custodian or forfeited pursuant
29 to court order shall be returned to the owner or custodian only upon
30 proof that appropriate shelter as required by this section is being
31 provided.
32 8. Nothing in this section shall be construed to affect any
33 protections afforded to dogs or other animals under any other provisions
34 of this article.
35 § 236.05 Electrocution of fur-bearing animals prohibited.
36 1. Notwithstanding any other provision of law, no person shall inten-
37 tionally kill, or stun to facilitate the killing of, a fur-bearing
38 animal by means of an electrical current. For the purpose of this
39 section, "fur-bearing animal" means arctic fox, red fox, silver fox,
40 chinchilla, mink, pine marten, muskrat, and those fur-bearing animals
41 included within the provisions of section 11-1907 of the environmental
42 conservation law.
43 2. A violation of subdivision one of this section is a class A misde-
44 meanor.
45 § 236.06 Sale of baby chicks and baby rabbits.
46 1. No person shall sell, offer for sale, barter or give away living
47 baby chicks, ducklings or other fowl or baby rabbits unless such person
48 provides proper brooder facilities where appropriate for the care of
49 such baby chicks, ducklings or other fowl or baby rabbits during the
50 time they are in the possession of such person. For the purposes of this
51 section, a baby rabbit shall be a rabbit of less than two months of age.
52 2. No person shall sell, offer for sale, barter or display living baby
53 chicks, ducklings or other fowl or baby rabbits which have been dyed,
54 colored or otherwise treated so as to impart to them an artificial
55 color.
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1 3. No provision of subdivision two of this section shall be interpret-
2 ed or applied to prevent or restrict teachers and qualified instructors
3 of youth under the guidance and supervision of the New York state coop-
4 erative extension service from using eggs for non-profit educational
5 purposes or from observing fowl hatched from such eggs for non-profit
6 educational purposes.
7 4. No person shall sell, offer for sale, barter or give away living
8 baby chicks, ducklings or other fowl or baby rabbits under two months of
9 age in any quantity less than six.
10 5. A violation of the provisions of this section is a misdemeanor,
11 punishable by imprisonment for not more than one year, or by a fine of
12 not more than five hundred dollars, or by both.
13 § 236.07 Abandonment of animals.
14 1. A person being the owner or possessor, or having charge or custody
15 of an animal, who abandons such animal, or leaves it to die in a street,
16 road or public place, or who allows such animal, if it becomes disabled,
17 to lie in a public street, road or public place more than three hours
18 after he or she receives notice that it is left disabled, is guilty of a
19 class A misdemeanor, punishable by imprisonment for not more than one
20 year, or by a fine of not more than one thousand dollars, or by both.
21 2. (a) A person being the owner or possessor, or having charge or
22 custody of an animal, who abandons such animal, or leaves it to die in a
23 street, road or public place, or who allows such animal, if it becomes
24 disabled, to lie in a public street, road or public place more than
25 three hours after he or she receives notice that it is left disabled,
26 and
27 (b) such act or failure to act results in the serious physical injury
28 or death of the animal, is guilty of a class E felony.
29 3. (a) Any person who is convicted of violating the provisions of
30 subdivision one of this section and who has previously been convicted of
31 a violation of such subdivision shall be guilty of a class E felony.
32 (b) Any person who is convicted of violating the provisions of subdi-
33 vision two of this section and who has previously been convicted of a
34 violation of such subdivision shall be guilty of a class D felony.
35 § 236.08 Failure to provide proper food and drink to an impounded
36 animal.
37 1. (a) A person who, having impounded or confined any animal, refuses
38 or neglects to supply to such animal during its confinement a sufficient
39 supply of good and wholesome air, food, shelter and water, is guilty of
40 a class A misdemeanor, punishable by imprisonment for not more than one
41 year, or by a fine of not more than one thousand dollars, or by both.
42 (b) Any person who violates the provisions of paragraph (a) of this
43 subdivision and such violation results in the serious physical injury or
44 death of the animal shall be guilty of a class E felony.
45 (c) Any person who violates the provisions of paragraph (a) of this
46 subdivision and who has previously been convicted of violating the
47 provisions of such paragraph shall be guilty of a class E felony.
48 (d) Any person who violates the provisions of paragraph (b) of this
49 subdivision and who has previously been convicted of violating the
50 provisions of such paragraph shall be guilty of a class D felony.
51 2. In case any animal shall be at any time impounded as aforesaid, and
52 shall continue to be without necessary food and water for more than
53 twelve successive hours, it shall be lawful for any person, from time to
54 time, and as often as it shall be necessary, to enter into and upon any
55 pound in which any such animal shall be so confined, and to supply it
56 with necessary food and water, so long as it shall remain so confined;
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1 such person shall not be liable for any action for such entry, and the
2 reasonable cost of such food and water may be collected by him or her
3 from the owner of such animal, and said animal shall not be exempt from
4 levy and sale upon execution issued upon a judgment therefor.
5 § 236.09 Selling or offering to sell or exposing diseased animal.
6 A person who wilfully sells or offers to sell, uses, exposes, or caus-
7 es or permits to be sold, offered for sale, used or exposed, any horse
8 or other animal having the disease known as glanders or farcy, or other
9 contagious or infectious disease dangerous to the life or health of
10 human beings, or animals, or which is diseased past recovery, or who
11 refuses upon demand to deprive of life an animal affected with any such
12 disease, is guilty of a misdemeanor, punishable by imprisonment for not
13 more than one year, or by a fine of not more than one thousand dollars
14 or by both.
15 § 236.10 Selling disabled horses.
16 It shall be unlawful for any person holding an auctioneer's license
17 knowingly to receive or offer for sale or to sell at public auction,
18 other than at a sheriff's or judicial sale under a court order, any
19 horse which by reason of debility, disease or lameness, or for any other
20 cause, could not be worked in this state without violating the law
21 against cruelty to animals. Any person violating any provision of this
22 section shall be punishable by a fine of not less than five dollars nor
23 more than one hundred dollars, or by imprisonment for not more than six
24 months, or by both such fine and imprisonment.
25 § 236.11 Live animals as prizes prohibited.
26 1. For the purposes of this section "livestock" shall mean any domes-
27 ticated sheep, goat, horse, cattle or swine.
28 2. No person shall give or offer to give away as a prize, or exchange
29 or offer to exchange for nominal consideration, any live animal other
30 than purebred livestock or fish in any game, drawing, contest, sweeps-
31 takes or other promotion, except when any live animal is given away by
32 individuals or organizations operating in conjunction with a cooperative
33 extension education program or agricultural vocational program sanc-
34 tioned by the education department.
35 3. The commissioner of agriculture and markets shall promulgate rules
36 and regulations which provide guidelines, conditions and requirements
37 when any live animal is given away under the exceptions provided for in
38 subdivision two of this section.
39 4. Any person who violates the provisions of this section shall be
40 subject to civil penalty of not more than two hundred fifty dollars or
41 in lieu thereof shall be guilty of a violation punishable solely by a
42 fine of not more than two hundred fifty dollars.
43 § 236.12 Carrying an animal in a cruel manner.
44 1. (a) A person who carries or causes to be carried in or upon any
45 vessel or vehicle or otherwise, any animal in a cruel or inhumane
46 manner, or so as to produce torture, is guilty of a class A misdemeanor,
47 punishable by imprisonment for not more than one year, or by a fine of
48 not more than one thousand dollars, or by both.
49 (b) Any person who violates the provisions of paragraph (a) of this
50 subdivision and such violation results in the serious physical injury or
51 death of the animal shall be guilty of a class E felony.
52 (c) Any person who violates the provisions of paragraph (a) of this
53 subdivision and who has previously been convicted of violating the
54 provisions of such paragraph shall be guilty of a class E felony.
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1 (d) Any person who violates the provisions of paragraph (b) of this
2 subdivision and who has previously been convicted of violating the
3 provisions of such paragraph shall be guilty of a class D felony.
4 2. A railway corporation, or an owner, agent, consignee, or person in
5 charge of any horses, sheep, cattle, or swine, in the course of, or for
6 transportation, who confines, or causes or suffers the same to be
7 confined, in cars for a longer period than twenty-eight consecutive
8 hours, or thirty-six consecutive hours where consent is given in the
9 manner hereinafter provided, without unloading for rest, water and feed-
10 ing, during five consecutive hours, unless prevented by storm or inevi-
11 table accident, is guilty of a class A misdemeanor. The consent which
12 will extend the period from twenty-eight to thirty-six hours shall be
13 given by the owner, or by person in custody of a particular shipment, by
14 a writing separate and apart from any printed bill of lading or other
15 railroad form. In estimating such confinement, the time during which the
16 animals have been confined without rest, on connecting roads from which
17 they are received, must be computed.
18 § 236.13 Transportation of horses.
19 1. Every vehicle utilized for the transportation of more than six
20 horses shall meet the following requirements:
21 (a) The interiors of compartments containing horses shall be
22 constructed of smooth materials, containing no sharp objects or protru-
23 sions which are hazardous;
24 (b) The floors shall be of such construction or covered with abrasive
25 material so as to prevent horses from skidding or sliding;
26 (c) There shall be sufficient apertures to insure adequate venti-
27 lation;
28 (d) There shall be sufficient insulation or coverings to maintain an
29 adequate temperature in the compartment containing horses;
30 (e) Partitions of sturdy construction shall be placed a maximum of ten
31 feet apart in vehicles which do not have stalls;
32 (f) Doorways shall be of sufficient height to allow safe ingress and
33 egress of each horse contained in the compartment;
34 (g) Each compartment containing horses shall be of such height so as
35 to allow sufficient clearance above the poll and withers of each horse
36 in the compartment;
37 (h) Ramps sufficient for loading and unloading horses shall be
38 provided if the vertical distance from the floor of the compartment
39 containing horses to the ground is greater than fifteen inches; and
40 (i) There shall be at least two doorways for ingress and egress, which
41 shall not be on the same side.
42 2. Every vehicle utilized for the transportation of more than six
43 horses over a highway shall have no more than one tier.
44 3. (a) Transporting a horse in violation of this section shall be a
45 violation punishable by a fine of not more than two hundred fifty
46 dollars.
47 (b) Any subsequent violation of this section on a date following a
48 conviction under the provisions of this section shall be a misdemeanor
49 punishable by a fine of not more than one thousand dollars or imprison-
50 ment for not more than one year, or both.
51 4. The commissioner of agriculture and markets shall promulgate rules
52 and regulations, including size specifications, and establish guidelines
53 in order to facilitate compliance with the provisions of this section.
54 5. (a) The term "horse" as used throughout this section shall apply to
55 the entire family of equidae.
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1 (b) The term "vehicle" as used throughout this section shall apply to
2 every device in, upon, or by which any person or property is or may be
3 transported or drawn upon a highway, except devices moved by human power
4 or used exclusively upon stationary rails or tracks.
5 6. The court in which a conviction under the provisions of this
6 section is obtained, shall, within thirty days of such conviction, tran-
7 smit a copy of the record of conviction to the division of criminal
8 justice services which shall maintain a record of such conviction for
9 the purpose of identifying subsequent violations of this section.
10 § 236.14 Poisoning or attempting to poison animals.
11 1. A person who unjustifiably administers any poisonous or noxious
12 drug or substance to any animal is guilty of a class E felony.
13 2. Any person who violates the provisions of subdivision one of this
14 section and such violation results in the serious physical injury or
15 death of the animal shall be guilty of a class D felony.
16 3. Any person who violates the provisions of subdivision one of this
17 section and who has previously been convicted of violating the
18 provisions of such subdivision shall be guilty of a class D felony.
19 4. Any person who violates the provisions of subdivision two of this
20 section and who has previously been convicted of a felony under such
21 subdivision shall be guilty of a class C felony.
22 § 236.15 Interference with or injury to certain domestic animals.
23 A person who wilfully or unjustifiably interferes with, injures,
24 destroys or tampers with or who wilfully sets on foot, instigates,
25 engages in or in any way furthers any act by which any horse, mule, dog
26 or any other domestic animal used for the purposes of racing, breeding
27 or competitive exhibition of skill, breed or stamina, is interfered
28 with, injured, destroyed or tampered with, or any act tending to produce
29 such interference, injury, destruction or tampering, whether such horse,
30 mule, dog or other domestic animal be the property of himself, herself
31 or another, is guilty of a felony.
32 § 236.16 Throwing substance injurious to animals in public place.
33 A person who wilfully throws, drops or places, or causes to be thrown,
34 dropped or placed upon any road, highway, street or public place, any
35 glass, nails, pieces of metal, or other substance which might wound,
36 disable or injure any animal is guilty of a misdemeanor, punishable by
37 imprisonment for not more than one year, or by a fine of not more than
38 one thousand dollars, or by both.
39 § 236.17 Unauthorized possession of dogs presumptive evidence of larce-
40 ny.
41 The unauthorized possession of a dog or dogs, by any person not the
42 true owner, for a period exceeding ten days, without notifying either
43 the owner, the local police authorities, or the superintendent of the
44 state police at Albany, New York, of such possession, shall be presump-
45 tive evidence of larceny.
46 § 236.18 Running horses on highway.
47 A person driving any vehicle upon any plank road, turnpike or public
48 highway, who unjustifiably runs the horses drawing the same, or causes
49 or permits them to run, is guilty of a misdemeanor, punishable by impri-
50 sonment for not more than one year, or by a fine of not more than five
51 hundred dollars, or by both.
52 § 236.19 Clipping or cutting the ears of dogs.
53 1. (a) Whoever clips or cuts off or causes or procures another to clip
54 or cut off the whole or any part of an ear of any dog unless an anes-
55 thetic shall have been given to the dog and the operation performed by a
56 licensed veterinarian, is guilty of a class A misdemeanor, punishable by
A. 893 11
1 imprisonment for not more than one year, or a fine of not more than one
2 thousand dollars, or by both.
3 (b) Any person who violates the provisions of paragraph (a) of this
4 subdivision and such violation results in the maiming or torturing of
5 the animal that causes serious physical injury to the animal shall be
6 guilty of a class E felony.
7 (c) Any person who violates the provisions of paragraph (a) of this
8 subdivision and who has previously been convicted of violating the
9 provisions of such paragraph shall be guilty of a class E felony.
10 (d) Any person who violates the provisions of paragraph (b) of this
11 subdivision and who has previously been convicted of violating the
12 provisions of such paragraph shall be guilty of a class D felony.
13 2. Each applicant for a dog license must state on such application
14 whether any ear of the dog for which he or she applies for such license
15 has been cut off wholly or in part.
16 3. Nothing herein contained shall be construed as preventing any dog
17 whose ear or ears shall have been clipped or cut off wholly or in part,
18 not in violation of this section, from being imported into the state
19 exclusively for breeding purposes.
20 § 236.20 Dog stealing.
21 1. It shall be unlawful for any person:
22 (a) To remove or cause to be removed the collar, identification tag or
23 any other identification by which the owner may be ascertained from any
24 dog, cat or any other domestic animal as defined in subdivision seven of
25 section one hundred eight of the agriculture and markets law, or to
26 entice any identified dog, cat or other such domestic animal into or out
27 of any house or enclosure for the purpose of removing its collar, tag or
28 any other identification, except with the owner's permission;
29 (b) To entice, seize or molest any dog, while it is being held or led
30 by any person or while it is properly muzzled or wearing a collar with
31 an identification tag attached, except where such action is incidental
32 to the enforcement of some law or regulation;
33 (c) To transport any dog, not lawfully in his or her possession, for
34 the purpose of killing or selling such dog.
35 2. Any person violating any of the provisions of this section, upon
36 conviction thereof, shall be punished by a fine not exceeding two
37 hundred dollars, or by imprisonment not to exceed six months, or by
38 both.
39 § 236.21 Removing, seizing or transporting dogs for research purposes.
40 It shall be unlawful for any person:
41 1. To remove, seize or transport or cause to remove, seize or trans-
42 port any dog which belongs to or is licensed to another for the purpose
43 of sale, barter or to give away said dog to a laboratory, hospital,
44 research institute, medical school or any agency or organization engaged
45 in research activity, without the express written permission of the
46 owner or licensee.
47 2. Any person who violates the provision of this section, upon
48 conviction thereof, shall be guilty of a misdemeanor, and is punishable
49 by a fine of not more than five hundred dollars or by imprisonment for
50 not more than six months, or by both.
51 § 236.22 Leaving state to avoid provisions of this article.
52 A person who leaves this state with intent to elude any of the
53 provisions of this article or to commit any act out of this state which
54 is prohibited by them or who, being a resident of this state, does any
55 act without this state, pursuant to such intent, which would be punisha-
A. 893 12
1 ble under such provisions, if committed within this state, is punishable
2 in the same manner as if such act had been committed within this state.
3 § 236.23 Operating upon tails of horses unlawful.
4 1. Any person who cuts the bone, tissues, muscles or tendons of the
5 tail of any horse, mare or gelding, or otherwise operates upon it in any
6 manner for the purpose or with the effect of docking, setting, or other-
7 wise altering the natural carriage of the tail, or who knowingly permits
8 the same to be done upon premises of which he or she is the owner,
9 lessee, proprietor or user, or who assists in or is voluntarily present
10 at such cutting, is guilty of a misdemeanor, punishable by imprisonment
11 for not more than one year, or by a fine of not more than five hundred
12 dollars or by both. If a horse is found with the bone, tissues, muscles
13 or tendons of its tail cut as aforesaid and with the wound resulting
14 therefrom unhealed, upon the premises or in the charge and custody of
15 any person, such fact shall be prima facie evidence of a violation of
16 this section by the owner or user of such premises or the person having
17 such charge or custody, respectively.
18 2. Any person who shows or exhibits at any horse show or other like
19 exhibition in this state a horse, mare or gelding, the tail of which has
20 been cut or operated upon in the manner referred to in subdivision one
21 of this section, is guilty of a misdemeanor, punishable by imprisonment
22 for not more than one year, or by a fine of not more than five hundred
23 dollars, or by both; provided that the provisions of this section shall
24 not apply with respect to an animal the tail of which has been so cut or
25 operated upon, if the owner thereof furnishes to the manager or other
26 official having charge of the horse show or exhibition at which such
27 animal is shown or exhibited an affidavit by the owner, or a licensed
28 veterinarian, in a form approved by the department of agriculture and
29 markets, stating that it was so cut in a state wherein such cutting was
30 not specifically prohibited by the laws thereof. Said affidavit shall,
31 to the best of affiant's knowledge, information and belief, identify the
32 animal with respect to sex, age, markings, sire and dam, and state the
33 time and place of such cutting and the name and address of the person by
34 whom performed. The affidavit shall be subject to inspection at all
35 reasonable times by any peace officer, acting pursuant to his or her
36 special duties, or police officer of this state, or by a designated
37 representative of the commissioner of agriculture and markets. In lieu
38 of furnishing such affidavit to the manager or other official having
39 charge of such horse show or exhibition, the owner of such horse may
40 specify on the entry blank for the horse show or exhibition the name and
41 address of a central registry office designated by the department of
42 agriculture and markets where such an affidavit has already been filed
43 and is available for inspection.
44 § 236.24 Interference with officers.
45 Any person who shall interfere with or obstruct any constable or
46 police officer or any officer or agent of any duly incorporated society
47 for the prevention of cruelty to animals in the discharge of his or her
48 duty to enforce the laws relating to animals shall be guilty of a misde-
49 meanor, punishable by imprisonment for not more than one year, or by a
50 fine of not more than one thousand dollars, or by both.
51 § 236.25 Protection of the public from attack by wild animals and
52 reptiles.
53 Any person owning, possessing or harboring a wild animal or reptile
54 capable of inflicting bodily harm upon a human being, who shall fail to
55 exercise due care in safeguarding the public from attack by such wild
56 animal or reptile, is guilty of a misdemeanor, punishable by imprison-
A. 893 13
1 ment for not more than one year, or by a fine of not more than five
2 hundred dollars, or by both. "Wild animal" within the meaning of this
3 section, shall not include a dog or cat or other domestic animal.
4 Previous attacks upon a human being by such wild animal or reptile, or
5 knowledge of the vicious propensities of such wild animal or reptile, on
6 the part of the possessor or harborer thereof, shall not be required to
7 be proven by the people upon a prosecution hereunder; and neither the
8 fact that such wild animal or reptile has not previously attacked a
9 human being, nor lack of knowledge of the vicious propensities of such
10 wild animal or reptile on the part of the owner, possessor or harborer
11 thereof shall constitute a defense to a prosecution hereunder.
12 § 236.26 Powers of peace officers.
13 A constable or police officer must, and any agent or officer of any
14 duly incorporated society for the prevention of cruelty to animals may
15 issue an appearance ticket pursuant to section 150.20 of the criminal
16 procedure law, summon or arrest, and bring before a court or magistrate
17 having jurisdiction, any person offending against any of the provisions
18 of this article. Any officer or agent of any of said societies may
19 lawfully interfere to prevent the perpetration of any act of cruelty
20 upon any animal in his or her presence. Any of said societies may prefer
21 a complaint before any court, tribunal or magistrate having jurisdic-
22 tion, for the violation of any law relating to or affecting animals and
23 may aid in presenting the law and facts before such court, tribunal or
24 magistrate in any proceeding taken.
25 § 236.27 Issuance of warrants upon complaint.
26 Upon complaint under oath or affirmation to any magistrate authorized
27 to issue warrants in criminal cases, that the complainant has just and
28 reasonable cause to suspect that any of the provisions of law relating
29 to or in any way affecting animals are being or are about to be violated
30 in any particular building or place, such magistrate shall immediately
31 issue and deliver a warrant to any person authorized by law to make
32 arrests for such offenses, authorizing him or her to enter and search
33 such building or place, and to arrest any person there present found
34 violating any of said laws, and to bring such person before the nearest
35 magistrate of competent jurisdiction, to be dealt with according to law.
36 § 236.28 Seizure of animals lost, strayed, homeless, abandoned or
37 improperly confined or kept.
38 1. Any police officer or agent or officer of the American society for
39 the prevention of cruelty to animals or any duly incorporated society
40 for the prevention of cruelty to animals, may lawfully take possession
41 of any lost, strayed, homeless or abandoned animal found in any street,
42 road or other public place.
43 2. Any police officer in Lewis county may lawfully take possession of
44 any lost, strayed, homeless or abandoned domestic animal, as defined in
45 section one hundred eight of the agriculture and markets law, found in
46 any street, road or other public place.
47 3. Any such police officer or agent or officer may also lawfully take
48 possession of any animal in or upon any premises other than a street,
49 road or other public place, which for more than twelve successive hours
50 has been confined or kept in a crowded or unhealthy condition or in
51 unhealthful or unsanitary surroundings or not properly cared for or
52 without necessary sustenance, food or drink, provided that a complaint
53 stating just and reasonable grounds is made under oath or affirmation to
54 any magistrate authorized to issue warrants in criminal cases, and that
55 such warrant authorizing entry and search is issued and delivered by
A. 893 14
1 such magistrate; if just and reasonable cause is shown, the magistrate
2 shall immediately issue such warrant.
3 4. Any such police officer or agent or officer may also lawfully take
4 possession of any unwanted animal from the person in possession or
5 custody thereof.
6 5. When any person arrested is, at the time of such arrest, in charge
7 of any animal or of any vehicle drawn by or containing any animal, any
8 agent or officer of said society or societies or any police officer may
9 take charge of such animal and of such vehicle and its contents, and
10 deposit the same in a safe place or custody, or deliver the same into
11 the possession of the police or sheriff of the county or place wherein
12 such arrest was made, who shall thereupon assume the custody thereof;
13 and all necessary expenses incurred in taking charge of such property
14 shall be a charge thereon.
15 6. Nothing herein contained shall restrict the rights and powers
16 derived from section one hundred eighteen of the agriculture and markets
17 law relating to seizure of unlicensed dogs and the disposition to be
18 made of animals so seized or taken, nor those derived from any other
19 general or special law relating to the seizure or other taking of dogs
20 and other animals by a society for the prevention of cruelty to animals.
21 7. (a) If any animal is seized and impounded pursuant to the
22 provisions of this section or section 236.30 of this article for any
23 violation of this article, upon arraignment of charges the duly incorpo-
24 rated society for the prevention of cruelty to animals, humane society,
25 pound, animal shelter or any authorized agents thereof, hereinafter
26 referred to for the purposes of this section as the "impounding organ-
27 ization", may file a petition with the court requesting that the person
28 from whom an animal is seized or the owner of the animal be ordered to
29 post a security. The security shall be in an amount sufficient to secure
30 payment for all reasonable expenses expected to be incurred by the
31 impounding organization in caring and providing for the animal pending
32 disposition of the charges. Reasonable expenses shall include, but not
33 be limited to, estimated medical care and boarding of the animal for at
34 least thirty days. The amount of the security, if any, shall be deter-
35 mined by the court after taking into consideration all of the facts and
36 circumstances of the case including, but not limited to the recommenda-
37 tion of the impounding organization having custody and care of the
38 seized animal and the cost of caring for the animal. If a security has
39 been posted in accordance with this section, the impounding organization
40 may draw from the security the actual reasonable costs to be incurred by
41 such organization in caring for the seized animal.
42 (b) (i) Upon receipt of a petition pursuant to paragraph (a) of this
43 subdivision, the court shall set a hearing on the petition to be
44 conducted within ten business days of the filing of such petition. The
45 petitioner shall serve a true copy of the petition upon the defendant
46 and the district attorney. The petitioner shall also serve a true copy
47 of the petition on any interested person. For purposes of this subdivi-
48 sion, interested person shall mean an individual, partnership, firm,
49 joint stock company, corporation, association, trust, estate or other
50 legal entity who the court determines may have a pecuniary interest in
51 the animal which is the subject of the petition. The petitioner shall
52 have the burden of proving by a preponderance of the evidence that the
53 person from whom the animal was seized violated a provision of this
54 article. The court may waive for good cause shown the posting of securi-
55 ty.
A. 893 15
1 (ii) If the court orders the posting of a security, the security shall
2 be posted with the clerk of the court within five business days of the
3 hearing provided for in subparagraph (i) of this paragraph. The court
4 may order the immediate forfeiture of the seized animal to the impound-
5 ing organization if the person ordered to post the security fails to do
6 so. Any animal forfeited shall be made available for adoption or euthan-
7 ized subject to subdivision seven-a of section one hundred seventeen of
8 the agriculture and markets law or section 236.29 of this article.
9 (iii) In the case of an animal other than a companion animal or pet,
10 if a person ordered to post security fails to do so, the court may, in
11 addition to the forfeiture to a duly incorporated society for the
12 prevention of cruelty to animals, humane society, pound, animal shelter
13 or any authorized agents thereof, and subject to the restrictions of
14 sections 236.06, 236.09 and 236.29 of this article, order the animal
15 which was the basis of the order to be sold, provided that all inter-
16 ested persons shall first be provided the opportunity to redeem their
17 interest in the animal and to purchase the interest of the person
18 ordered to post security, subject to such conditions as the court deems
19 appropriate to assure proper care and treatment of the animal. The court
20 may reimburse the person ordered to post security and any interested
21 persons any money earned by the sale of the animal less any costs
22 including, but not limited to, veterinary and custodial care. Any animal
23 determined by the court to be maimed, diseased, disabled or infirm so as
24 to be unfit for sale or any useful purpose shall be forfeited to a duly
25 incorporated society for the prevention of cruelty to animals or a duly
26 incorporated humane society or authorized agents thereof, and be avail-
27 able for adoption or shall be euthanized subject to section 236.29 of
28 this article.
29 (iv) Nothing in this section shall be construed to limit or restrict
30 in any way the rights of a secured party having a security interest in
31 any animal described in this section. This section expressly does not
32 impair or subordinate the rights of such a secured lender having a secu-
33 rity interest in the animal or in the proceeds from the sale of such
34 animal.
35 (c) In no event shall the security prevent the impounding organization
36 having custody and care of the animal from disposing of the animal
37 pursuant to section 236.29 of this article prior to the expiration of
38 the thirty day period covered by the security if the court makes a
39 determination of the charges against the person from whom the animal was
40 seized prior thereto. Upon receipt of a petition from the impounding
41 organization, the court may order the person from whom the animal was
42 seized or the owner of the animal to post an additional security with
43 the clerk of the court to secure payment of reasonable expenses for an
44 additional period of time pending a determination by the court of the
45 charges against the person from whom the animal was seized. The person
46 who posted the security shall be entitled to a refund of the security in
47 whole or part for any expenses not incurred by such impounding organiza-
48 tion upon adjudication of the charges. The person who posted the securi-
49 ty shall be entitled to a full refund of the security, including
50 reimbursement by the impounding organization of any amount allowed by
51 the court to be expended, and the return of the animal seized and
52 impounded upon acquittal or dismissal of the charges, except where the
53 dismissal is based upon an adjournment in contemplation of dismissal
54 pursuant to section 215.30 of the criminal procedure law. The court
55 order directing such refund and reimbursement shall provide for payment
A. 893 16
1 to be made within a reasonable time from the acquittal or dismissal of
2 charges.
3 8. Notwithstanding any other provision of this section to the contra-
4 ry, the court may order a person charged with any violation of this
5 article to provide necessary food, water, shelter and care for any
6 animal which is the basis of the charge, without the removal of the
7 animal from its existing location, until the charges against the person
8 are adjudicated. Until a final determination of the charges is made, any
9 law enforcement officer, officer of a duly incorporated society for the
10 prevention of cruelty to animals, or its authorized agents, may be
11 authorized by an order of the court to make regular visits to where the
12 animal is being kept to ascertain if the animal is receiving necessary
13 food, water, shelter and care. Nothing shall prevent any law enforcement
14 officer, officer of a duly incorporated society for the prevention of
15 cruelty to animals, or its authorized agents, from applying for a
16 warrant pursuant to this section to seize any animal being held by the
17 person charged pending the adjudication of the charges if it is deter-
18 mined that the animal is not receiving the necessary food, water, shel-
19 ter or care.
20 § 236.29 Humane destruction or other disposition of animals lost,
21 strayed, homeless, abandoned or improperly confined or kept.
22 1. Any agent or officer of the American society for the prevention of
23 cruelty to animals, or of any society duly incorporated for that
24 purpose, or any police officer, may lawfully and humanely destroy or
25 cause to be humanely destroyed any animal found abandoned and not prop-
26 erly cared for, or any lost, strayed, homeless or unwanted animal, if
27 upon examination a licensed veterinary surgeon shall certify in writing,
28 or if two reputable citizens called by him or her to view the same in
29 his or her presence find that the animal is so maimed, diseased, disa-
30 bled, or infirm so as to be unfit for any useful purpose; or after such
31 agent or officer has obtained in writing from the owner of such animal
32 his or her consent to such destruction.
33 2. In the absence of such findings or certificate the American society
34 for the prevention of cruelty to animals or any society duly incorpo-
35 rated for that purpose may after five days humanely destroy any animal
36 of which possession is taken as provided for in section 236.28 of this
37 article, unless the same is earlier redeemed by its owner.
38 2-a. The use of a decompression chamber or decompression device of any
39 kind is hereby declared to be inhumane when used for the purpose of
40 destroying an animal and is hereby prohibited.
41 2-b. No person shall euthanize any dog or cat with T-61, curare, any
42 curariform drug, any neuro-muscular blocking agent or any other paralyz-
43 ing drug.
44 2-c. No person shall euthanize a dog or cat by gunshot except as an
45 emergency procedure for a dangerous dog or a severely injured dog or cat
46 that is suffering and cannot otherwise be aided.
47 2-d. No person shall euthanize a dog or cat by gas emitted from any
48 engine exhaust system.
49 2-e. No person shall release any dog or cat from the custody or
50 control of any pound, shelter, society for the prevention of cruelty to
51 animals, humane society, dog protective association, dog control offi-
52 cer, peace officer or any agent thereof, for any purpose except adoption
53 or redemption by its owner.
54 Any violation of this subdivision, or subdivision two-a, two-b, two-c
55 or two-d of this section shall constitute a misdemeanor and shall be
A. 893 17
1 punishable by imprisonment for not more than one year, or by a fine of
2 not more than one thousand dollars, or by both.
3 3. In lieu of such destruction or redemption, such society may in its
4 discretion lawfully and without liability deliver such animal for
5 adoption to an individual other than the owner after the time for
6 redemption has expired.
7 4. Prior to such destruction or other disposition, the owner of the
8 animal may redeem the same upon proving title to the satisfaction of
9 such society and paying such society such amount, approved by a magis-
10 trate, as may have been reasonably expended by such society in
11 connection with the care and maintenance thereof.
12 5. (a) In addition to any other penalty provided by law, upon
13 conviction for any violation of section 236.01, 236.02, 236.03, 236.04,
14 236.07, 236.08, 236.12, 236.14, 236.15, 236.19 or 236.23 of this arti-
15 cle, the convicted person may, after a duly held hearing pursuant to
16 paragraph (f) of this subdivision, be ordered by the court to forfeit,
17 to a duly incorporated society for the prevention of cruelty to animals
18 or a duly incorporated humane society or authorized agents thereof, the
19 animal or animals which are the basis of the conviction. Upon such an
20 order of forfeiture, the convicted person shall be deemed to have relin-
21 quished all rights to the animals which are the basis of the conviction,
22 except those granted in paragraph (d) of this subdivision.
23 (b) Pursuant to the provisions of subdivisions two-a, two-b, two-c and
24 two-d of this section, no dog or cat in the custody of a duly incorpo-
25 rated society for the prevention of cruelty to animals, a duly incorpo-
26 rated humane society or its authorized agents thereof, or a pound or
27 shelter, shall be sold, transferred or otherwise made available to any
28 person for the purpose of research, experimentation or testing. No
29 authorized agent of a duly incorporated society for the prevention of
30 cruelty to animals, nor of a duly incorporated humane society, shall use
31 any animal placed in its custody by the duly incorporated society for
32 the prevention of cruelty to animals or duly incorporated humane society
33 for the purpose of research, experimentation or testing.
34 (c) The court may additionally order that the convicted person or any
35 person dwelling in the same household who conspired, aided or abetted in
36 the unlawful act which was the basis of the conviction, or who knew or
37 should have known of the unlawful act, shall not own, harbor, or have
38 custody or control of any other animals, other than farm animals, for a
39 period of time which the court deems reasonable.
40 (d) In the case of farm animals, the court may, in addition to the
41 forfeiture to a duly incorporated society for the prevention of cruelty
42 to animals or a duly incorporated humane society or authorized agents
43 thereof, and subject to the restrictions of sections 236.06 and 236.09
44 of this article, order the farm animals which were the basis of the
45 conviction to be sold. In no case shall farm animals which are the basis
46 of the conviction be redeemed by the convicted person who is the subject
47 of the order of forfeiture or by any person dwelling in the same house-
48 hold who conspired, aided or abetted in the unlawful act which was the
49 basis of the conviction, or who knew or should have known of the unlaw-
50 ful act. The court shall reimburse the convicted person and any duly
51 determined interested persons, pursuant to paragraph (f) of this subdi-
52 vision, any money earned by the sale of the farm animals less any costs
53 including, but not limited to, veterinary and custodial care, and any
54 fines or penalties imposed by the court. The court may order that the
55 subject animals be provided with appropriate care and treatment pending
56 the hearing and the disposition of the charges. Any farm animal ordered
A. 893 18
1 forfeited but not sold shall be remanded to the custody and charge of a
2 duly incorporated society for the prevention of cruelty to animals or
3 duly incorporated humane society or its authorized agent thereof and
4 disposed of pursuant to paragraph (e) of this subdivision.
5 (e) A duly incorporated society for the prevention of cruelty to
6 animals or a duly incorporated humane society in charge of animals
7 forfeited pursuant to paragraph (a) of this subdivision may, in its
8 discretion, lawfully and without liability, adopt them to individuals
9 other than the convicted person or persons dwelling in the same house-
10 hold who conspired, aided or abetted in the unlawful act which was the
11 basis of the conviction, or who knew or should have known of the unlaw-
12 ful act, or humanely dispose of them according to the provisions of
13 subdivisions two-a, two-b, two-c, and two-d of this section.
14 (f) (i) Prior to an order of forfeiture of farm animals, a hearing
15 shall be held within thirty days of conviction, to determine the pecuni-
16 ary interests of any other person in the farm animals which were the
17 basis of the conviction. Written notice shall be served at least five
18 days prior to the hearing upon all interested persons. In addition,
19 notice shall be made by publication in a local newspaper at least seven
20 days prior to the hearing. For the purposes of this subdivision, inter-
21 ested persons shall mean any individual, partnership, firm, joint stock
22 company, corporation, association, trust, estate, or other legal entity
23 who the court determines may have a pecuniary interest in the farm
24 animals which are the subject of the forfeiture action.
25 (ii) All interested persons shall be provided an opportunity at the
26 hearing to redeem their interest as determined by the court in the
27 subject farm animals and to purchase the interest of the convicted
28 person. The convicted person shall be entitled to be reimbursed his or
29 her interest in the farm animals, less any costs, fines or penalties
30 imposed by the court, as specified under paragraph (d) of this subdivi-
31 sion. In no case shall the court award custody or control of the animals
32 to any interested person who conspired, aided or abetted in the unlawful
33 act which was the basis of the conviction, or who knew or should have
34 known of the unlawful act.
35 (g) Nothing in this section shall be construed to limit or restrict in
36 any way the rights of a secured party having a security interest in any
37 farm animal described in this section. This section expressly does not
38 impair or subordinate the rights of such a secured lender having a secu-
39 rity interest in farm animals or in the proceeds from the sale of such
40 farm animals.
41 § 236.30 Officer may take possession of animals or implements used in
42 fights among animals.
43 Any officer authorized by law to make arrests may lawfully take
44 possession of any animals, or implements, or other property used or
45 employed, or about to be used or employed, in the violation of any
46 provision of law relating to fights among animals. He or she shall state
47 to the person in charge thereof, at the time of such taking, his or her
48 name and residence, and also, the time and place at which the applica-
49 tion provided for by section 236.31 of this article will be made.
50 § 236.31 Disposition of animals or implements used in fights among
51 animals.
52 The officer, after taking possession of such animals, or implements,
53 or other property, pursuant to section 236.30 of this article, shall
54 apply to the magistrate before whom complaint is made against the offen-
55 der violating such provision of law, for the order authorized by this
56 section, and shall make and file an affidavit with such magistrate,
A. 893 19
1 stating therein the name of the offender charged in such complaint, the
2 time, place and description of the animals, implements or other property
3 so taken, together with the name of the party who claims the same, if
4 known, and that the affiant has reason to believe and does believe,
5 stating the grounds of such belief, that the same were used or employed,
6 or were about to be used or employed, in such violation, and will estab-
7 lish the truth thereof upon the trial of such offender. He or she shall
8 then deliver such animals, implements, or other property, to such magis-
9 trate, who shall thereupon, by order in writing, place the same in the
10 custody of an officer or other proper person in such order named and
11 designated, to be by him or her kept until the trial or final discharge
12 of the offender, and shall send a copy of such order, without delay, to
13 the district attorney of the county. The officer or person so named and
14 designated in such order, shall immediately thereupon assume such custo-
15 dy, and shall retain the same for the purpose of evidence upon such
16 trial, subject to the order of the court before which such offender may
17 be required to appear, until his or her final discharge or conviction.
18 Upon the conviction of such offender, the animals, implements, or other
19 property, shall be adjudged by the court to be forfeited. In the event
20 of the acquittal or final discharge, without conviction, of such offen-
21 der, such court shall, on demand, direct the delivery of the property so
22 held in custody to the owner thereof.
23 § 236.32 Disposal of dead animals.
24 1. The carcasses of large domestic animals, including but not limited
25 to horses, cows, sheep, swine, goats and mules, which have died other-
26 wise than by slaughter, shall be buried at least three feet below the
27 surface of the ground or otherwise disposed of in a sanitary manner by
28 the owner of such animals, whether the carcasses are located on the
29 premises of such owner or elsewhere. Such disposal shall be completed
30 within seventy-two hours after the owner is directed to do so by any
31 peace officer, acting pursuant to his or her special duties, police
32 officer, or by a designated representative of the commissioner of agri-
33 culture and markets.
34 2. Notwithstanding section forty-one of the agriculture and markets
35 law, any violation of this section shall constitute a violation. This
36 section shall not apply to animal carcasses used for experimental or
37 teaching purposes.
38 § 236.33 Spaying and neutering of dogs and cats.
39 1. The legislature finds that the uncontrolled breeding of dogs and
40 cats in the state results in an overabundance of puppies and kittens.
41 More puppies and kittens are produced than responsible homes for them
42 can be provided. This leads to many of such animals becoming stray and
43 suffering privation and death, being impounded and destroyed at great
44 expense to the community and constituting a public nuisance and health
45 hazard. It is therefore declared to be the public policy of this state
46 that every feasible humane means of reducing the production of unwanted
47 puppies and kittens be encouraged.
48 2. No animal shelter, pound, dog control officer, humane society, dog
49 or cat protective association, or duly incorporated society for the
50 prevention of cruelty to animals shall release any dog or cat for
51 adoption to any person unless prior thereto:
52 (a) the dog or cat has been spayed or neutered; or
53 (b) the person intending to adopt the dog or cat shall have executed a
54 written agreement with the animal shelter, pound, dog control officer,
55 humane society, dog or cat protective association, or duly incorporated
56 society for the prevention of cruelty to animals, to have the dog or cat
A. 893 20
1 spayed or neutered within thirty days from the adoption date, or in the
2 case of a dog or cat which has not yet reached sexual maturity, within
3 thirty days of the dog or cat reaching six months of age. The person
4 intending to adopt the dog or cat shall deposit with the animal shelter,
5 pound, dog control officer, humane society, dog or cat protective asso-
6 ciation, or duly incorporated society for the prevention of cruelty to
7 animals, an amount of not less than thirty-five dollars. Not more than
8 every two years, the commissioner of agriculture and markets, after
9 holding a public hearing, may raise the amount to be deposited to
10 reflect rising costs; or
11 (c) the person intending to adopt the dog or cat shall have executed a
12 written agreement with the animal shelter, pound, dog control officer,
13 humane society, dog or cat protective association or society for the
14 prevention of cruelty to animals to have the dog or cat spayed or
15 neutered within thirty days from the adoption date, or in the case of a
16 dog or cat which has not yet reached sexual maturity, within thirty days
17 of the dog or cat reaching six months of age. The person intending to
18 adopt the dog or cat shall have paid an adoption fee which includes the
19 cost of the spay or neuter procedure. The written agreement shall
20 require that the animal shelter, pound, dog control officer, humane
21 society, dog or cat protective association or society for the prevention
22 of cruelty to animals from which the dog or cat is adopted bear the cost
23 of the spay or neuter procedure.
24 3. For the purposes of this section, the age of the animal at the time
25 of adoption shall be determined by the animal shelter, pound, dog
26 control officer, humane society, dog or cat protective association, or
27 duly incorporated society for the prevention of cruelty to animals that
28 releases the animal for adoption and such age shall be clearly written
29 on the written agreement by the animal shelter, pound, dog control offi-
30 cer, humane society, dog or cat protective association, or duly incorpo-
31 rated society for the prevention of cruelty to animals, prior to the
32 agreement being executed by the person adopting the animal.
33 4. Any deposit collected pursuant to paragraph (b) of subdivision two
34 of this section that is not claimed within ninety days of its
35 collection, or if the deposit is for an animal under six months of age,
36 within sixty days after the animal has reached six months of age, shall
37 be deposited in the animal population control fund established pursuant
38 to section ninety-seven-xx of the state finance law.
39 Deposits collected pursuant to paragraph (b) of subdivision two of
40 this section shall be refunded to the adopter upon presentation to the
41 animal shelter, pound, dog control officer, humane society, dog and cat
42 protective association, or duly incorporated society for the prevention
43 of cruelty to animals of written documentation from a licensed veterina-
44 rian that the dog or cat has been spayed or neutered, provided that the
45 animal has been spayed or neutered within the time specified in the
46 written agreement, or that because of old age or other health reasons,
47 as certified by a licensed veterinarian examining the dog or cat, spay-
48 ing or neutering would endanger the animal's life.
49 5. Nothing contained in this section shall prevent any town, city,
50 village or county in this state from enacting a local law or ordinance
51 requiring that animal shelters, pounds, dog control officers, humane
52 societies, dog or cat protective associations and duly incorporated
53 societies for the prevention of cruelty to animals within such town,
54 city, village or county spay or neuter dogs and cats prior to releasing
55 such animals for adoption, provided that such local law or ordinance may
56 require spaying or neutering at an age earlier, but in no event later
A. 893 21
1 than that required in this section, except where because of advanced age
2 or other health reasons, as certified by a licensed veterinarian who has
3 examined the dog or cat, spaying or neutering would endanger the life of
4 the animal. A town, city, village or county in this state that enacts
5 such a local law or ordinance shall be exempt from the provisions of
6 this section.
7 § 236.34 Unlawful tampering with animal research.
8 1. Definitions. For the purposes of this section, the following terms
9 shall have the following meanings:
10 (a) "Infectious agents" shall be limited to those organisms that cause
11 serious physical injury or death to humans.
12 (b) "Animal" means any warm or cold-blooded animal or insect which is
13 being used in food or fiber production, agriculture, research, testing,
14 or education, however, shall not include any animal held primarily as a
15 pet.
16 (c) "Facility" means any building, structure, laboratory, vehicle,
17 pasture, paddock, pond, impoundment or premises where any scientific
18 research, test, experiment, production, education, or investigation
19 involving the use of any animal is carried out, conducted or attempted
20 or where records or documents relating to an animal or animal research,
21 tests, experiments, production, education or investigation are main-
22 tained.
23 (d) "Release" means to intentionally set free from any facility any
24 animal without any right, title, or claim thereto.
25 (e) "Abandonment" means the intentional relinquishment or forsaking of
26 possession or control of any animal released from a facility.
27 (f) "Person" means any individual, firm, organization, partnership,
28 association or corporation.
29 (g) "Secret scientific material" means a sample, culture, micro-organ-
30 ism, specimen, record, recording, document, drawing or any other arti-
31 cle, material, device or substance which constitutes, represents,
32 evidences, reflects, or records a scientific or technical process,
33 invention or formula or any part or phase thereof which is stored, test-
34 ed, studied or examined in any facility, and which is not, and not
35 intended to be, available to anyone other than the person or persons
36 rightfully in possession thereof or selected persons having access ther-
37 eto with his, her or their consent, and when it accords or may accord
38 such rightful possessors an advantage over competitors or other persons
39 who do not have knowledge or the benefit thereof.
40 (h) "Notice" means to provide information in such detail to make a
41 reasonable person aware of the presence in a facility of infectious
42 agents or secret scientific material.
43 2. Notice. Any person who, after notice has been given by:
44 (a) actual notice in writing or orally to the person; or
45 (b) prominently posting written notice upon or immediately adjacent to
46 the facility; or
47 (c) notice that is announced upon entry to the facility by any person:
48 (i) knowingly or intentionally releases an animal from a facility or
49 causes the abandonment of an animal knowing that such animal was exposed
50 to infectious agents prior to such release or abandonment and was capa-
51 ble of transmitting such infectious agents to humans; or
52 (ii) with intent to do so, causes loss or damage to secret scientific
53 material, and having no right to do so nor any reasonable ground to
54 believe that he or she has such right, causes loss of or damage to any
55 secret scientific material in an amount in excess of two hundred fifty
A. 893 22
1 dollars at a facility, shall be guilty of unlawful tampering with animal
2 research. Unlawful tampering with animal research is a class E felony.
3 3. Private right of action. Any person who violates any provision of
4 this section shall be liable in any court of competent jurisdiction,
5 including small claims court, in an amount equal to:
6 (a) Damages sustained as a result of such violation or fifty dollars,
7 whichever is greater, for each violation;
8 (b) Such additional punitive damages as the court may allow;
9 (c) Attorney's fees and costs; and
10 (d) Cost of duplicating any experiment which was damaged by the unlaw-
11 ful tampering with animal research, if applicable.
12 In any action brought by any person to enforce this section, the court
13 may, subject to its jurisdiction, issue an injunction to restrain or
14 prevent any violation of this section or any continuance of any such
15 violation.
16 § 236.35 Prohibition of the selling of fur, hair, skin or flesh of a dog
17 or cat.
18 1. It shall be unlawful for any person, firm, partnership or corpo-
19 ration to knowingly import, sell, offer for sale, manufacture, distrib-
20 ute, transport or otherwise market or trade in the fur, hair, skin or
21 flesh of a domesticated dog (canis familiaris) or domesticated cat
22 (felis catus or domesticus), whether domestically raised or imported
23 from another country, or any product or item containing or comprised of
24 the fur, hair, skin or flesh of a dog or cat. As used in this section
25 the term "domesticated dog or cat" shall not mean or include coyote
26 (ranis latrans), fox (vulpes volpes, vulpes cinereoargenteus), lynx
27 (felis lynx) or bobcat (felis rufus).
28 2. Manufacturers or suppliers shall provide certification to each
29 retailer that any fur, hair, skin or flesh contained in such items is
30 not derived from domesticated dog or domesticated cat.
31 3. The commissioner of agriculture and markets shall maintain a stand-
32 ard for the certification required by the provisions of subdivision two
33 of this section.
34 4. A violation of this section shall be punishable by a civil penalty
35 of up to one thousand dollars for an individual and up to five thousand
36 dollars for a corporation for the first violation. Any subsequent
37 violation shall be punishable by a civil penalty of up to twenty-five
38 thousand dollars.
39 5. Any civil penalties collected pursuant to this section of law are
40 payable to the animal population control fund established pursuant to
41 section ninety-seven-xx of the state finance law.
42 6. (a) No provision of this section shall be construed to prohibit or
43 interfere with any properly conducted scientific tests, experiments or
44 investigations involving the use of dog or cat fur or flesh, performed
45 or conducted in laboratories or institutions, which are approved for
46 these purposes by the commissioner of health in accordance with section
47 236.02 of this article.
48 (b) No provision of this section shall be construed to prohibit any
49 person, firm, partnership or corporation from importing, selling, offer-
50 ing for sale, manufacturing, distributing, transporting, or otherwise
51 marketing or trading in the fur, hair, skin, or flesh of a domesticated
52 dog or cat for the purposes of conducting scientific tests, experiments
53 or investigations that are to be performed or conducted in laboratories
54 or institutions, which are approved for these purposes by the commis-
55 sioner of health in accordance with section 236.02 of this article.
A. 893 23
1 § 236.36 Confinement of companion animals in vehicles; extreme temper-
2 atures.
3 1. A person shall not confine a companion animal in a motor vehicle in
4 extreme heat or cold without proper ventilation or other protection from
5 such extreme temperatures where such confinement places the companion
6 animal in imminent danger of death or serious physical injury due to
7 exposure to such extreme heat or cold.
8 2. Where the operator of such a vehicle cannot be promptly located, a
9 police officer, peace officer, or peace officer acting as an agent of a
10 duly incorporated humane society may take necessary steps to remove the
11 animal or animals from the vehicle.
12 3. Police officers, peace officers or peace officers acting as agents
13 of a duly incorporated humane society removing an animal or animals from
14 a vehicle pursuant to this section shall place a written notice on or in
15 the vehicle, bearing the name of the officer or agent, and the depart-
16 ment or agency and address where the animal or animals will be taken.
17 4. An animal or animals removed from a vehicle pursuant to this
18 section shall, after receipt of any necessary emergency veterinary
19 treatment, be delivered to the duly incorporated humane society or soci-
20 ety for the prevention of cruelty to animals, or designated agent there-
21 of, in the jurisdiction where the animal or animals were seized.
22 5. Any person who knowingly violates the provisions of subdivision one
23 of this section shall be guilty of a violation, punishable by a fine of
24 not less than fifty dollars nor more than one hundred dollars for a
25 first offense, and a fine of not less than one hundred dollars nor more
26 than two hundred fifty dollars for a second and subsequent offenses.
27 6. Officers shall not be held criminally or civilly liable for actions
28 taken reasonably and in good faith in carrying out the provisions of
29 this section.
30 7. Nothing contained in this section shall be construed to affect any
31 other protections afforded to companion animals under any other
32 provisions of this article.
33 § 236.37 Companion animal grooming facilities; prohibited practices.
34 1. As used in this section:
35 (a) "Cage and box dryer" means a product that is attached to or near a
36 cage or box for the purpose of drying or aiding in the drying of a
37 companion animal contained in a cage or box, and which is capable of
38 functioning without a person manually holding a dryer.
39 (b) "Companion animal grooming facility" means an establishment where
40 a companion animal may be bathed, brushed, clipped or styled for a fee.
41 2. No person shall use a cage or box dryer which contains a heating
42 element with the heating element turned on for the purpose of drying or
43 aiding in the drying of a companion animal.
44 3. Any violation of this section shall be punishable by a civil penal-
45 ty of not less than two hundred fifty dollars nor more than five hundred
46 dollars for each violation.
47 4. Nothing contained in this section shall limit or abrogate any claim
48 or cause of action any person may have under common law or by statute.
49 The provisions of this section shall be in addition to any such common
50 law and statutory remedies.
51 § 2. Article 26 of the agriculture and markets law is REPEALED.
52 § 3. Paragraph (a) of subdivision 24 of section 108 of the agriculture
53 and markets law, as amended by chapter 392 of the laws of 2004, is
54 amended to read as follows:
55 (a) "Dangerous dog" means any dog which (i) without justification
56 attacks a person, companion animal as defined in subdivision five of
A. 893 24
1 section [three hundred fifty of this chapter] 236.00 of the penal law,
2 farm animal as defined in subdivision four of section [three hundred
3 fifty of this chapter] 236.00 of the penal law or domestic animal as
4 defined in subdivision seven of this section and causes physical injury
5 or death, or (ii) behaves in a manner which a reasonable person would
6 believe poses a serious and unjustified imminent threat of serious phys-
7 ical injury or death to one or more persons, companion animals, farm
8 animals or domestic animals or (iii) without justification attacks a
9 service dog, guide dog or hearing dog and causes physical injury or
10 death.
11 § 4. Paragraph (b) of subdivision 2 of section 123 of the agriculture
12 and markets law, as amended by section 18 of part T of chapter 59 of the
13 laws of 2010, is amended to read as follows:
14 (b) secure, humane confinement of the dog for a period of time and in
15 a manner deemed appropriate by the court but in all instances in a
16 manner designed to: (1) prevent escape of the dog, (2) protect the
17 public from unauthorized contact with the dog, and (3) to protect the
18 dog from the elements pursuant to section [three hundred fifty-three-b
19 of this chapter] 236.04 of the penal law. Such confinement shall not
20 include lengthy periods of tying or chaining;
21 § 5. Subdivision 1 of section 160.10 of the criminal procedure law is
22 amended by adding a new paragraph (b-1) to read as follows:
23 (b-1) A misdemeanor defined in section 236.02 of the penal law; or
24 § 6. Subparagraph 2 of paragraph (f) of subdivision 1 of section
25 530.12 of the criminal procedure law, as added by chapter 253 of the
26 laws of 2006, is amended to read as follows:
27 2. "Companion animal", as used in this section, shall have the same
28 meaning as in subdivision five of section [three hundred fifty of the
29 agriculture and markets] 236.00 of the penal law.
30 § 7. Subparagraph 2 of paragraph (c) of subdivision 1 and subparagraph
31 2 of paragraph (c) of subdivision 4 of section 530.13 of the criminal
32 procedure law, as added by chapter 253 of the laws of 2006, are amended
33 to read as follows:
34 2. "Companion animal", as used in this section, shall have the same
35 meaning as in subdivision five of section [three hundred fifty of the
36 agriculture and markets] 236.00 of the penal law.
37 2. "Companion animal", as used in this section, shall have the same
38 meaning as in subdivision five of section [three hundred fifty of the
39 agriculture and markets] 236.00 of the penal law.
40 § 8. The opening paragraph of paragraph e of subdivision 6 of section
41 11-0103 of the environmental conservation law, as amended by chapter 10
42 of the laws of 2005, is amended to read as follows:
43 "Wild animal" shall not include "companion animal" as defined in
44 section [three hundred fifty of the agriculture and markets] 236.00 of
45 the penal law. Wild animal includes, and is limited to, any or all of
46 the following orders and families:
47 § 9. Paragraph g of subdivision 9 of section 11-0917 of the environ-
48 mental conservation law, as amended by chapter 468 of the laws of 2011,
49 is amended to read as follows:
50 g. No live wolf, coyote, coydog, fox, skunk, venomous reptile or
51 raccoon shall be possessed or transported, except under a license or
52 permit issued by the department. Every such license or permit shall
53 contain a prominent notice thereon warning the licensee or permittee of
54 his or her duty to exercise due care in safeguarding the public from
55 attack by such wild animal or venomous reptile and that failure to do so
56 is a crime under section [three hundred seventy of the agriculture and
A. 893 25
1 markets law] 236.25 of the penal law. The provisions of the opening
2 paragraph of section [three hundred seventy of the agriculture and
3 markets] 236.25 of the penal law except the last sentence thereof shall
4 be set forth on such license or permit immediately following such warn-
5 ing notice.
6 § 10. Subdivision 6 of section 399-aa of the general business law, as
7 added by chapter 573 of the laws of 2002, is amended to read as follows:
8 6. (a) No provision of this section shall be construed to prohibit or
9 interfere with any properly conducted scientific tests, experiments or
10 investigations involving the use of dog or cat fur or flesh, performed
11 or conducted in laboratories or institutions, which are approved for
12 these purposes by the state commissioner of health in accordance with
13 section [three hundred fifty-three of the agriculture and markets]
14 236.02 of the penal law.
15 (b) No provision of this section shall be construed to prohibit any
16 person, firm, partnership or corporation from importing, selling, offer-
17 ing for sale, manufacturing, distributing, transporting, or otherwise
18 marketing or trading in the fur, hair, skin, or flesh of a domesticated
19 dog or cat for the purposes of conducting scientific tests, experiments
20 or investigations that are to be performed or conducted in laboratories
21 or institutions, which are approved for these purposes by the state
22 commissioner of health in accordance with section [three hundred fifty-
23 three of the agriculture and markets] 236.02 of the penal law.
24 § 11. Section 750-t of the general business law, as added by chapter
25 526 of the laws of 1992, is amended to read as follows:
26 § 750-t. Disposal in compliance with forms. A pet cemetery owner shall
27 dispose of a pet in compliance with a pet disposal form completed by a
28 pet owner or veterinarian. If such pet is disposed of, either by indi-
29 vidual cremation or individual burial, the pet cemetery owner shall
30 within ten days of such disposal send or give a written confirmation of
31 such disposal to the pet owner or veterinarian, depending on
32 instructions in pet disposal form, and, shall attest to the method,
33 date, and place of disposal. If a pet is disposed of either through mass
34 cremation or mass burial, no written confirmation shall be required.
35 Copies of all forms shall be retained for a period of two years after
36 receipt. All pet remains shall be buried at least twelve inches below
37 the surface of the ground or in accordance with section [three hundred
38 seventy-seven of the agriculture and markets] 236.32 of the penal law in
39 the case of a large domestic animal or otherwise disposed of in a sani-
40 tary manner.
41 § 12. Subdivision 1 of section 352.3 of the family court act, as
42 amended by chapter 532 of the laws of 2008, is amended to read as
43 follows:
44 (1) Upon the issuance of an order pursuant to section 315.3 or the
45 entry of an order of disposition pursuant to section 352.2, a court may
46 enter an order of protection against any respondent for good cause
47 shown. The order may require that the respondent: (a) stay away from the
48 home, school, business or place of employment of the victims of the
49 alleged offense; or (b) refrain from harassing, intimidating, threaten-
50 ing or otherwise interfering with the victim or victims of the alleged
51 offense and such members of the family or household of such victim or
52 victims as shall be specifically named by the court in such order; or
53 (c) refrain from intentionally injuring or killing, without justifica-
54 tion, any companion animal the respondent knows to be owned, possessed,
55 leased, kept or held by the person protected by the order or a minor
56 child residing in such person's household. "Companion animal", as used
A. 893 26
1 in this subdivision, shall have the same meaning as in subdivision five
2 of section [three hundred fifty of the agriculture and markets] 236.00
3 of the penal law.
4 § 13. Paragraph 2 of subdivision (h) of section 446 of the family
5 court act, as added by chapter 253 of the laws of 2006, is amended to
6 read as follows:
7 2. "Companion animal", as used in this section, shall have the same
8 meaning as in subdivision five of section [three hundred fifty of the
9 agriculture and markets] 236.00 of the penal law.
10 § 14. Paragraph 2 of subdivision (i) of section 551 of the family
11 court act, as added by chapter 253 of the laws of 2006, is amended to
12 read as follows:
13 2. "Companion animal", as used in this section, shall have the same
14 meaning as in subdivision five of section [three hundred fifty of the
15 agriculture and markets] 236.00 of the penal law.
16 § 15. Paragraph 2 of subdivision (i) of section 656 of the family
17 court act, as added by chapter 253 of the laws of 2006, is amended to
18 read as follows:
19 2. "Companion animal", as used in this section, shall have the same
20 meaning as in subdivision five of section [three hundred fifty of the
21 agriculture and markets] 236.00 of the penal law.
22 § 16. Paragraph 2 of subdivision (h) of section 759 of the family
23 court act, as added by chapter 253 of the laws of 2006, is amended to
24 read as follows:
25 2. "Companion animal", as used in this section, shall have the same
26 meaning as in subdivision five of section [three hundred fifty of the
27 agriculture and markets] 236.00 of the penal law.
28 § 17. Paragraph 2 of subdivision (i) of section 842 of the family
29 court act, as added by chapter 253 of the laws of 2006, is amended to
30 read as follows:
31 2. "Companion animal", as used in this section, shall have the same
32 meaning as in subdivision five of section [three hundred fifty of the
33 agriculture and markets] 236.00 of the penal law.
34 § 18. Subparagraph 2 of paragraph (g) of subdivision 1 of section 1056
35 of the family court act, as added by chapter 253 of the laws of 2006, is
36 amended to read as follows:
37 2. "Companion animal", as used in this section, shall have the same
38 meaning as in subdivision five of section [three hundred fifty of the
39 agriculture and markets] 236.00 of the penal law.
40 § 19. Subdivision d of section 20-383 of the administrative code of
41 the city of New York, as amended by local law number 2 of the city of
42 New York for the year 1994, is amended to read as follows:
43 d. Notwithstanding the provisions of subdivisions b and c of this
44 section, any driver of a horse drawn cab found guilty of one violation
45 of subdivision d of section 20-381.1 of the code or sections [three
46 hundred fifty-one, three hundred fifty-three, three hundred fifty-five
47 through three hundred sixty-two or three hundred sixty-nine of the New
48 York state agriculture and markets] 236.01, 236.02, 236.07, 236.08,
49 236.09, 236.10, 236.11, 236.12, 236.13, 236.14, 236.15, 236.16, or
50 236.24 of the penal law or who is found guilty of a violation of this
51 subchapter while his or her license is suspended, shall have his or her
52 license revoked. A driver whose license has been revoked in accordance
53 with this provision may not apply for a new license for five years from
54 the date of revocation.
55 § 20. Section 80 of the agriculture and markets law, as amended by
56 chapter 680 of the laws of 1967, is amended to read as follows:
A. 893 27
1 § 80. Certificate to healthy herds. For the purpose of giving recog-
2 nition to other than segregated herds which are certified to him or her,
3 after competent examination satisfactory to him or her, to be in a heal-
4 thy condition, the commissioner is hereby authorized to issue such
5 certificates as he or she may deem proper to the owner of such herd; to
6 use such terms to designate such herds as will harmonize with federal
7 designations of such herds and to adopt such rules as he or she may deem
8 proper for the tagging, branding or marking of any animal or animals
9 affected or believed to be affected with any communicable disease, or
10 exposed thereto. In the event that such animals are branded it shall not
11 be construed as cruelty to animals within the meaning of article [twen-
12 ty-six of this chapter] two hundred thirty-six of the penal law.
13 § 21. Subdivision 3 of section 404 of the agriculture and markets law,
14 as added by chapter 259 of the laws of 2000, is amended to read as
15 follows:
16 3. Violation of any provision of this article or conviction of a
17 violation of any provision of article [twenty-six of this chapter] two
18 hundred thirty-six of the penal law or regulations promulgated there-
19 under pertaining to humane treatment of animals, cruelty to animals,
20 endangering the life or health of an animal, or violation of any feder-
21 al, state, or local law pertaining to the care, treatment, sale,
22 possession, or handling of animals or any regulation or rule promulgated
23 pursuant thereto relating to the endangerment of the life or health of
24 an animal.
25 § 22. Section 407 of the agriculture and markets law, as added by
26 chapter 259 of the laws of 2000, is amended to read as follows:
27 § 407. Construction with other laws. Nothing in this article shall be
28 construed to limit or restrict agents or officers of societies for the
29 prevention of cruelty to animals or the police from enforcing other
30 provisions of [article twenty-six of] this chapter, article two hundred
31 thirty-six of the penal law, or any other law relating to the humane
32 treatment of or cruelty to animals.
33 § 23. Subdivisions 56, 68 and 79 of section 2.10 of the criminal
34 procedure law, subdivision 56 as added by chapter 188 of the laws of
35 1989, subdivision 68 as added by chapter 227 of the laws of 2000 and
36 subdivision 79 as added by chapter 752 of the laws of 2004, are amended
37 to read as follows:
38 56. Dog control officers of the town of Brookhaven, who at the
39 discretion of the town board may be designated as constables for the
40 purpose of enforcing article [twenty-six of the agriculture and markets
41 law] two hundred thirty-six of the penal law and for the purpose of
42 issuing appearance tickets permitted under article seven of [such] the
43 agriculture and markets law; provided, however, that nothing in this
44 subdivision shall be deemed to authorize such officer to carry, possess,
45 repair or dispose of a firearm unless the appropriate license therefor
46 has been issued pursuant to section 400.00 of the penal law.
47 68. Dog control officers of the town of Arcadia, who at the discretion
48 of the town board may be designated as constables for the purpose of
49 enforcing article [twenty-six of the agriculture and markets law] two
50 hundred thirty-six of the penal law and for the purpose of issuing
51 appearance tickets permitted under article seven of [such] the agricul-
52 ture and markets law; provided, however, that nothing in this subdivi-
53 sion shall be deemed to authorize such officer to carry, possess, repair
54 or dispose of a firearm unless the appropriate license therefor has been
55 issued pursuant to section 400.00 of the penal law.
A. 893 28
1 79. Animal control officers of the city of Elmira, who at the
2 discretion of the city council of the city of Elmira may be designated
3 as constables for the purpose of enforcing article [twenty-six of the
4 agriculture and markets law] two hundred thirty-six of the penal law,
5 and for the purpose of issuing appearance tickets permitted under arti-
6 cle seven of [such] the agriculture and markets law; provided, however,
7 that nothing in this subdivision shall be deemed to authorize such offi-
8 cer to carry, possess, repair or dispose of a firearm unless the appro-
9 priate license therefor has been issued pursuant to section 400.00 of
10 the penal law.
11 § 24. Paragraph (i) of subdivision 1 of section 750-h of the general
12 business law, as added by chapter 526 of the laws of 1992, is amended to
13 read as follows:
14 (i) Conviction of a violation of article [twenty-six of the agricul-
15 ture and markets law] two hundred thirty-six of the penal law involving
16 cruelty to animals.
17 § 25. Section 753-d of the general business law, as added by chapter
18 259 of the laws of 2000, is amended to read as follows:
19 § 753-d. Construction with other laws. Nothing in this article shall
20 be construed to limit or restrict agents or officers of societies for
21 the prevention of cruelty to animals or the police from enforcing [arti-
22 cles twenty-six and] article twenty-six-A of the agriculture and markets
23 law, article two hundred thirty-six of the penal law, or any other law
24 relating to the humane treatment of, or cruelty to, animals.
25 § 26. This act shall take effect on the ninetieth day after it shall
26 have become a law.
