BILL NO A05449C
SAME AS No same as
SPONSOR Paulin (MS)
COSPNSR Sweeney, Titone, Rivera P, Losquadro, Fitzpatrick
MLTSPNSR Gottfried, Sayward, Schimel
Amd SS113, 117, 373, 374 & 350, Ag & Mkts L
Relates to the treatment and disposition of lost, stray or homeless animals.
BILL NO A05449C
02/18/2011 referred to agriculture
11/16/2011 amend (t) and recommit to agriculture
11/16/2011 print number 5449a
01/04/2012 referred to agriculture
02/15/2012 reported referred to codes
03/14/2012 amend and recommit to codes
03/14/2012 print number 5449b
04/16/2012 amend and recommit to codes
04/16/2012 print number 5449c
06/01/2012 enacting clause stricken
BILL NUMBER:A5449C
TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the treatment and disposition of lost, stray or homeless
animals
PURPOSE OR GENERAL IDEA OF BILL: To promote better care of animals
placed in shelters and to create a list of approved animal rescue organ-
izations willing to accept animals for the purpose of adoption.
SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision 4 of
section 113 of the agriculture and markets law to provide that no longer
than twenty-four hours following any seizure or taking possession,
certain specified persons or entities, with regard to a lost or stolen
dog, shall take specified steps to identify such dog, and make informa-
tion available to the public on the internet or by other means, if use
of the internet is impracticable, a photograph, if practicable, and a
general description of the dog to assist the owner(s) in finding the
animal, though information about the animal may be withheld if deemed
appropriate to facilitate finding the owner(s) or otherwise protect the
safety of the dog. The certain specified persons or entities shall also
compare any information about such dog with records of animals reported
to be lost or stolen as soon as such records become available following
seizure or taking possession of the dog. Within twenty-four hours after
the owner(s) has been determined, information regarding such dog's
impoundment and the procedure for redemption shall be given to such
owner(s) in person or by certified mail, return receipt requested. If
notification is personally given, such dog shall be held for a period of
seven days after the date of notice, during which period the dog may be
redeemed by the owner(s). If such notification is made by mail, such dog
shall be held for a period of nine days from the date of mailing, during
which period the dog may be redeemed by the owner(s). In either case,
the owner(s) may redeem such dog by paying the impoundment fees and by
producing proof that such dog has been licensed. Section one also
provides that when maintaining records regarding any lost or stolen dog,
the records shall include any identification found on the dog, including
tag, microehip, tattoo or license numbers, the breed(s), if known, the
approximate size and weight, coloring and identifying marks on the dog.
Section two amends subdivisions 3, 4 and 11 of section 117 of the agri-
culture and markets law. Subdivision 3 is amended to provide that
certain specified persons or entities shall promptly inspect each dog
following any seizure and ensure dogs are promptly provided with care
and treatment to relieve any pain and suffering, including necessary
immediate veterinary care and treatment and parasite control, and appro-
priate vaccinations during the time the dog is in possession, care or
control of the specified persons or entities. The certain specified
persons or entities must also properly shelter, feed and provide water
to each seized dog during the time the dog is in possession, care or
control of the specified persons or entities. Subdivision 4 is amended
to provide that the holding period shall be extended in the event that
the owner(s) has been identified. Subdivision 11 is amended to provide
that no liability in damages or otherwise shall be incurred on account
of the transfer of any dog to a rescue organization.
Section three amends section 373 of the agriculture and markets law by
adding a new subdivision 1-b, which provides that certain specified
persons or entities shall, no later than twenty-four hours after taking
possession of an animal, take specified steps to identify such animal,
and make available to the public on internet or by other means, if use
of the internet is impracticable, a photograph, if practicable, and a
general description of the animal to assist the owner(s) in finding the
animal, though information about the animal may be withheld if deemed
appropriate to facilitate finding the owner(s) or otherwise to protect
the safety of the animal. The certain specified persons or entities,
shall also compare the information known about the animal with records
of animals reported to be lost or stolen as soon as such records become
available following seizure or taking possession of the animal. The
certain specified persons or entities shall promptly inspect each animal
and promptly provide the animal with care and treatment to relieve any
pain and suffering, including necessary emergency veterinary care and
treatment and parasite control, and appropriate vaccinations. The
certain specified person or entities must also properly shelter, feed,
and provide water to each animal during the time the animal is in
possession, care or control of the specified persons or entities. Within
twenty-four hours after the owner(s) of an animal has been determined,
information regarding such animal's impoundment and the procedure for
redemption shall be given to such owner(s) in person or by certified
mail, return receipt requested. If notification is personally given,
such animal shall be held for a period of seven days after the.date of
notice, during which period the animal may be redeemed by the owner(s).
If such notification is made by mail, such animal shall be held for a
period of nine days from the date of mailing, during which period the
animal may be redeemed by the owner or owners. In either case, the
owner(s) may redeem such animal by paying the impoundment fees. The
certain, specified persons or entities must make and maintain a complete
record of the intake and subsequent disposition of each animal. Such
record shall include, but not be limited to, any identification found on
the animal, such as any tag, microchip, tattoo, license numbers, the
species, type or breed(s), if known, approximate size and weight, color-
ing and identifying marks on the animal, the date and hour of intake,
the official identification number of such animal, the location where
found, the reason for intake, and the owner's name and address, if
known. In the event the owner(s) is not identified, the certain speci-
fied persons or entities shall hold such animal, whether or not
licensed, at least for a redemption period of five days, during which
the specified persons or entities shall comply with the aforementioned
provisions. If the owner(s) is identified, the holding period shall be
extended and the animal may be redeemed by its owner(s) upon payment of
the impoundment fees. Animals may be placed sooner than five days with
an animal rescue organization or individual on the list pursuant to
section 374 of the agriculture and markets law as amended by section
four of this bill.
Section four amends section 374 of the agriculture and markets law.
Subdivision 2 is amended to authorize a humane society, animal shelter
or pound to "place with an organization on a list of organizations that
is required to be maintained pursuant to subdivision three of this
section" in the case of any animal of which possession is taken.
Subdivision 3 provides that any impounding organization, as defined in
subdivision six of section 350 of this article, shall maintain a list of
animal rescue organizations willing to accept animals for the purpose of
adoption, including breed-specific rescues, or to provide the animals
with appropriate long-term placement and care. The list shall include
information about each such organization such as contact information;
species, types and breeds of animals the organization is willing to
accept; any resources available to the organization including veteri-
nary, rehabilitative or other care, care for special-needs animals,
training or behavior modification programs, including the names and
credentials of trainers or behaviorists, or appropriate sanctuary or
long-term placement and care. The organizations on the list must be
designated under section 501(c)(3) of the internal revenue code. The
impounding organization shall make the current list available to all
staff and the public on the internet on a website maintained by or made
available to such impounding organization by the municipal or county
government in which the impounding organization is located, or animal
rescue organization approved pursuant to this subdivision. The notice
required may be made by means other than. the internet if use of the
Internet is impracticable.
Except as set forth in paragraphs n, o and p of this subdivision, an
animal rescue organization must be included on the list as long as the
organization can demonstrate that it has the resources to provide and
will provide the animals requested to be transferred with clean, sani-
tary and adequate shelter, food, and water, appropriate exercise, neces-
sary veterinary care and treatment, including vaccinations and parasite
control, and a safe environment. The impounding organization shall also
consider whether such animal rescue organization maintains a protocol
for containing and managing contagious illness and disease, maintains an
active adoption or placement program or facilities appropriate for long-
terns placement, manages its operations so that animals are not at risk
for abuse or neglect or for use in animal fighting or research, exper-
imentation or testing, has not knowingly made any material misrepresen-
tations or material false statements to the impounding organization that
are related to the requirements for inclusion on the list, and avoids
behavior That disrupts or interferes with the impounding organization's
lawful operations.
The impounding organization shall have the authority to inspect the
facilities, at reasonable times, animal maintenance records and animals
of the animal rescue organization, including requesting to visit foster
homes, to determine whether the organization should be approved for
inclusion on the list. The animal rescue organization shall cooperate in
providing information the impounding organization may reasonably require
to make the determination described in this subdivision. The first such
inspection to qualify the animal rescue organization for the list
initially must be completed within forty-five days of the date the
animal rescue organization submits a request for inclusion on the list
and information as described in paragraphs b and c of this subdivision.
The impounding organization shall not unreasonably withhold approval of
the organization. The impounding organization shall state in writing the
reasons why an animal rescue organization does not meet the criteria to
be placed on the list, or is not approved for some or all animals, or
has been removed from the list. The reasons, including any acts or omis-
sions, or materially false statements that have resulted in disapproval,
should be stated with sufficient specificity to inform the organization
of the particular criteria that have not been met and any acts or omis-
sions that have resulted in disapproval, and the actions required for
approval, if possible. A copy of such written document shall be provided
to the animal rescue organization that will not be included or that has
been removed from the list within ten business days. The animal rescue
organization that is not approved or removed from the list may at any
time demonstrate that the reasons stated for denying approval have been
remedied and request approval for placement on the list. The impounding
organization shall cooperate by providing a reinspection, if necessary,
within 45 days after a request for reconsideration by the animal rescue
organization, to determine if the organization is approved. A decision
to continue to deny approval to such animal rescue organization must be
in writing and provided to the organization. An impounding organization
shall not be required to consider an animal rescue organization for
placement on the list more than twice annually.
Subject to paragraphs f, g, h, n, o, and p, an impounding organization
must include an animal rescue organization on the list if the animal
organization has been previously approved for inclusion on the list of
another impounding organization New York state.
No animal shall be euthanized unless the impounding organization certi-
fies in writing that it has contacted each of the animal rescue organ-
izations approved for the species, type or breed of animal, and that
none of the animal rescue organizations contacted were willing and able
to accept transfer of the animal, or if an animal rescue organization
failed to pick up or accept transfer of the animal after agreeing to do
so, that the animal rescue organization was contacted at the methods of
contact provided in the list, and that there was no response or no
confirmation that the animal rescue organization was willing and able to
accept transfer of the animal, or the animal rescue organization failed
to pick up or accept transfer of the animal. A copy of such certif-
ication shall be maintained for 2 years and available to the public upon
request. This paragraph does not apply to euthanasia performed pursuant
to subdivisions one and five of this section.
The impounding organization may charge a reasonable adoption fee for
each animal transferred to an animal rescue organization on the list and
which does not exceed the adoption fee that would be charged to adop-
ters. An animal deemed by a court to be dangerous shall be eligible only
for transfer to an animal rescue organization that can meet the certain
requirements for the care and handling of such animal. The provisions of
this subdivision shall not apply to animals that the impounding organ-
izations have accepted from owners who have stated in writing that based
on the owner's reasonable determination, humane euthanasia is in the
best interest of the animal. Impounding organizations may but are not
required to include on the list animal rescue organizations located
outside of the state of New York and which is either more than 75 miles
from the impounding organization, or outside of the impounding organiza-
tion's county and adjoining counties, whichever is the greater distance.
Notwithstanding the requirements of this subdivision, impounding organ-
izations that impounded, seized, or otherwise took in fewer than two
animals per week on average in the preceding calendar year shall not be
required to maintain more than four animal rescue organizations on. the
list at any time.
An animal rescue organization shall be excluded from the list if any of
the organization's current directors, managers, employees or regular
volunteers have ever been convicted of or pleaded guilty to or is
currently charged with any felony, misdemeanor, offense, infraction, or
violation for failure to comply with sections 350, 373 and 374 of this
article or similar animal fighting, animal cruelty or neglect or anti-
hoarding laws in any federal, state or local jurisdiction; in the previ-
ous ten years, has had animals in his or her care or custody seized or
confiscated for suspected violations of such laws. The rescue organiza-
tion or individual shall, upon request of the impounding organization,
certify in writing under penalty of perjury that they have not been
convicted, cited or the subject of an order or other action as described
in this paragraph.
Subdivisions 4 and 5 provide technical amendments.
Subdivision 6 replaces "dog or cat" with "animal," inserts the words
"duly incorporated" before the phrases "society for the prevention of
cruelty to animals" and "humane society," and inserts the words "duly
incorporated animal" before the words "protective association." In addi-
tion, subdivision 6 permits an animal to be released from the custody or
control of any pound, shelter, duly incorporated society for the
prevention of cruelty to animals, duly incorporated humane society, duly
incorporated animal protective association, dog or animal control offi-
cer, peace officer or any agent thereof for the purpose of placement
With an animal rescue organization on a list maintained pursuant to
subdivision 3 of this section, or placement for the purpose of providing
temporary shelter pending resolution of litigation involving such
animal.
Subdivision 7 provides that, in lieu of destruction, redemption or other
disposition pursuant to this section, such impounding organization may,
in its discretion, lawfully and without liability, deliver such animal
for adoption to an individual other than the owner or with an animal
rescue organization on the impounding organization's list as required by
this section after the time for redemption has expired.
Subdivision 8 provides a technical amendment.
Subdivision 9 provides that no animal in the custody of an animal rescue
organization on a list as described in subdivision three of this
section, or their authorized agents, shall be sold, transferred or
otherwise made available to any person for the purpose of research,
experimentation or testing. Further, no authorized agent of an animal
rescue organization on a list as described in subdivision three of this
section shall rise any animal placed in its custody for the purpose of
research, experimentation or testing. Subdivision 9 further provides
that a duly incorporated society for the prevention of cruelty to
animals or a duly incorporated humane society in charge of animals
forfeited pursuant to paragraph a of this subdivision may, in its
discretion, lawfully and without liability, adopt them to individuals
other than the convicted person or person dwelling in the same household
who conspired, aided or abetted in the unlawful act which was the basis
of the conviction, or who knew or should have known of the unlawful act,
place them with an animal rescue organization on the list as described
in subdivision three of this section, or of no such organization is will
or able to accept the animals and the society has complied with the
requirements of paragraph i of subdivision three of this section,
humanely dispose of them according to the provisions of subdivisions
two, four, five and six of this section.
Section five amends section 350 of the agriculture and markets law by
defining "impounding organization" as any duly incorporated humane soci-
ety, duly incorporated society for the prevention of cruelty to animals,
animal shelter or pound maintained by or under contract or agreement
with any county, city, town or village, that takes possession of aban-
doned, not properly cared for, lost, stray or homeless animals, or
animals that have been surrendered by the owner or owners.
Section six provides the effective date.
JUSTIFICATION: This bill will create a framework for cooperation between
animal rescues and animal shelters to move more animals out of shelters
while giving them the tools to protect animals from ending up in abusive
and/or neglectful situations.
While animal shelters are already required to took for lost owners, this
bill expands the methods by which shelters and dog control officers must
identify a lost pet to include checking for tags, Microchips, tattoos or
licenses, comparing the information known about the dog with records of
dogs reported to be lost or stolen, and making the information available
to the public. This will help reunite more lost pets with their owners.
This bill will also improve the care of animals in shelters. For each
dog seized, the dog control officer or impounding organization must
examine the dog and provide care and treatment to relieve pain and
suffering, including necessary emergency veterinary care and treatment,
parasite control and appropriate vaccinations. The impounding organiza-
tion must also provide proper shelter, food and water.
Lastly, the bill creates a list of qualified animal rescue organizations
for shelters to contact to take animals that would otherwise be euthan-
ized. The list would include basic information about each animal rescue
organization, the species, types and breeds of animals the rescue organ-
ization is willing to accept, and any resources available to the rescue
organization including veterinary, rehabilitative or other care, care
for special needs animals, training or behavior modification programs,
or appropriate sanctuary or long-term placement and care. The creation
of such list will help to reduce the number of animals euthanized.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATION: None to the state.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth
day after it shall have become a law.
S T A T E O F N E W Y O R K
________________________________________________________________________
5449--C
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
___________
Introduced by M. of A. PAULIN, SWEENEY, TITONE, P. RIVERA, LOSQUADRO,
FITZPATRICK -- Multi-Sponsored by -- M. of A. GOTTFRIED, SCHIMEL --
read once and referred to the Committee on Agriculture -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Agriculture in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the agriculture and markets law, in relation to the
treatment and disposition of lost, stray or homeless animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 4 of section 113 of the agriculture and markets
2 law, as amended by section 8 of part T of chapter 59 of the laws of
3 2010, is amended to read as follows:
4 4. Every dog control officer, peace officer, when acting pursuant to
5 [his] THE OFFICER'S special duties or police officer, OR SUCH OFFICER'S
6 AGENT, FOLLOWING ANY SEIZURE OF A DOG, OR ANY DULY INCORPORATED SOCIETY
7 FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
8 ETY, POUND OR SHELTER THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICI-
9 PALITY AND IS TAKING POSSESSION OF SUCH DOG, WHICHEVER HAS POSSESSION OF
10 THE DOG DURING THE APPLICABLE PERIOD, shall [promptly make]:
11 (A) NO LATER THAN TWENTY-FOUR HOURS FOLLOWING SUCH SEIZURE OR TAKING
12 POSSESSION, TAKE STEPS TO (1) CHECK THE DOG FOR ALL CURRENTLY POSSIBLE
13 FORMS OF IDENTIFICATION INCLUDING, BUT NOT LIMITED TO, TAGS, MICROCHIPS,
14 TATTOOS OR LICENSES; AND (2) MAKE AVAILABLE TO THE PUBLIC ON THE INTER-
15 NET ON A WEBSITE MAINTAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFI-
16 CER, SOCIETY, POUND OR SHELTER BY THE MUNICIPAL OR COUNTY GOVERNMENT IN
17 WHICH SUCH OFFICER, SOCIETY, POUND OR SHELTER IS LOCATED, OR BY AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03308-22-2
A. 5449--C 2
1 ANIMAL RESCUE ORGANIZATION PURSUANT TO SUBDIVISION THREE OF SECTION
2 THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER, A PHOTOGRAPH, IF PRACTICA-
3 BLE, AND A GENERAL DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS
4 IN FINDING THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN, THOUGH
5 INFORMATION ABOUT THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE TO
6 FACILITATE FINDING THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY
7 OF THE DOG. SUCH OFFICER, POUND, SHELTER OR SOCIETY SHALL ALSO COMPARE
8 THE INFORMATION KNOWN ABOUT THE DOG WITH RECORDS OF DOGS REPORTED TO BE
9 LOST OR STOLEN PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS ARTICLE
10 WITHIN TWENTY-FOUR HOURS AFTER SUCH RECORDS BECOME AVAILABLE FOLLOWING
11 SEIZURE OR TAKING POSSESSION OF SUCH DOG. THE NOTICE REQUIRED BY THIS
12 PARAGRAPH MAY BE MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE
13 INTERNET IS IMPRACTICABLE.
14 (B) WITHIN TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS OF A DOG HAVE
15 BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH DOG PERSONALLY OR BY
16 CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE FACTS OF THE DOG'S
17 IMPOUNDMENT AND THE PROCEDURE FOR REDEMPTION. IF NOTIFICATION IS
18 PERSONALLY GIVEN, SUCH DOG SHALL BE HELD FOR A PERIOD OF SEVEN DAYS
19 AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE DOG MAY BE REDEEMED BY
20 THE OWNER OR OWNERS. IF SUCH NOTIFICATION IS MADE BY MAIL, SUCH DOG
21 SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE DATE OF MAILING, DURING
22 WHICH PERIOD THE DOG MAY BE REDEEMED BY THE OWNER OR OWNERS. IN EITHER
23 CASE, THE OWNER OR OWNERS MAY REDEEM SUCH DOG UPON PAYMENT OF THE
24 IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF SECTION ONE HUNDRED
25 SEVENTEEN OF THIS ARTICLE AND BY PRODUCING PROOF THAT SUCH DOG HAS BEEN
26 LICENSED.
27 (C) MAKE and maintain a complete record of any seizure and subsequent
28 disposition of any dog. Such record shall include, but not be limited
29 to, [a description of] ANY IDENTIFICATION FOUND ON the dog, INCLUDING
30 TAG, MICROCHIP, TATTOO OR LICENSE NUMBERS, THE BREED OR BREEDS, IF
31 KNOWN, APPROXIMATE SIZE AND WEIGHT, COLORING AND IDENTIFYING MARKS ON
32 THE DOG, the date and hour of seizure, the official identification
33 number of such dog, if any, the location where seized, the reason for
34 seizure, and the owner's name and address, if known.
35 S 2. Subdivisions 3, 4 and 11 of section 117 of the agriculture and
36 markets law, subdivisions 3 and 11 as added by chapter 220 of the laws
37 of 1978, such section as renumbered and subdivision 4 as amended by
38 section 12 of part T of chapter 59 of the laws of 2010, are amended to
39 read as follows:
40 3. [Each] FOR EACH dog seized in accordance with the provisions of
41 this article, THE DOG CONTROL OFFICER OR PEACE OFFICERS, ACTING PURSUANT
42 TO THEIR SPECIAL DUTIES, OR POLICE OFFICER IN THE EMPLOY OF OR UNDER
43 CONTRACT TO A MUNICIPALITY, OR ANY DULY INCORPORATED SOCIETY FOR THE
44 PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY,
45 POUND OR SHELTER THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICIPALITY
46 AND IS TAKING POSSESSION OF SUCH DOG, WHICHEVER HAS POSSESSION OF THE
47 DOG, IN ADDITION TO COMPLYING WITH THE PROVISIONS OF SUBDIVISION FOUR OF
48 SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, shall [be]:
49 (A) PROMPTLY INSPECT EACH DOG FOLLOWING ANY SEIZURE AND PROMPTLY
50 ENSURE DOGS ARE PROVIDED WITH CARE AND TREATMENT TO RELIEVE ANY PAIN AND
51 SUFFERING, INCLUDING NECESSARY IMMEDIATE VETERINARY CARE AND TREATMENT
52 AND PARASITE CONTROL, AND APPROPRIATE VACCINATIONS, AND
53 (B) properly [sheltered] SHELTER, [fed] FEED and [watered for the
54 redemption period as hereinafter provided] PROVIDE WATER FOR EACH DOG
55 DURING THE TIME THE DOG IS IN THE POSSESSION, CARE OR CONTROL OF SUCH
56 OFFICER, SOCIETY, POUND OR SHELTER.
A. 5449--C 3
1 4. [Each] SUBJECT TO SUBDIVISION THREE OF SECTION THREE HUNDRED SEVEN-
2 TY-FOUR OF THIS CHAPTER, EACH dog which is not identified, whether or
3 not licensed, shall be held AT LEAST for a period of five days from the
4 day [seized] WHEN THE STEPS REQUIRED BY SUBDIVISION FOUR OF SECTION ONE
5 HUNDRED THIRTEEN OF THIS ARTICLE, HAVE BEEN TAKEN, during which period
6 the OFFICER, SOCIETY, POUND OR SHELTER SHALL COMPLY WITH THE PROVISIONS
7 OF SUBDIVISION THREE OF THIS SECTION, AND IN THE EVENT THE OWNER OR
8 OWNERS IS IDENTIFIED, THE HOLDING PERIOD SHALL BE EXTENDED PURSUANT TO
9 PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED THIRTEEN OF
10 THIS ARTICLE. THE dog may be redeemed by its owner, provided that such
11 owner produces proof that the dog has been licensed and has been identi-
12 fied pursuant to the provisions of this article and further provided
13 that the owner pays the following impoundment fees:
14 (a) not less than ten dollars for the first impoundment of any dog
15 owned by that person;
16 (b) not less than twenty dollars for the first twenty-four hours or
17 part thereof and three dollars for each additional twenty-four hours or
18 part thereof for the second impoundment, within one year of the first
19 impoundment, of any dog owned by that person; or
20 (c) not less than thirty dollars for the first twenty-four hours or
21 part thereof and three dollars for each additional twenty-four hours or
22 part thereof for the third and subsequent impoundments, within one year
23 of the first impoundment, of any dog owned by that person.
24 The impoundment fees set forth in paragraphs (a), (b) and (c) of this
25 subdivision notwithstanding, any municipality may set by local law or
26 ordinance such fees in any amount.
27 11. No liability in damages or otherwise shall be incurred on account
28 of the seizure, euthanization or adoption of any dog pursuant to the
29 provisions of this article, OR ON ACCOUNT OF THE TRANSFER OF ANY DOG TO
30 A RESCUE ORGANIZATION PURSUANT TO THIS ARTICLE AND SECTION THREE HUNDRED
31 SEVENTY-FOUR OF THIS CHAPTER.
32 S 3. Section 373 of the agriculture and markets law is amended by
33 adding a new subdivision 1-b to read as follows:
34 1-B. ANY OFFICER, AGENT OR SOCIETY AS DESCRIBED IN SUBDIVISION ONE OF
35 THIS SECTION OR POUND OR SHELTER OPERATED BY OR UNDER CONTRACT TO A
36 MUNICIPALITY THAT IS TAKING POSSESSION OF A LOST, STRAY OR HOMELESS
37 ANIMAL UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER HAS POSSESSION OF
38 THE ANIMAL DURING THE APPLICABLE PERIOD, SHALL:
39 A. NO LATER THAN TWENTY-FOUR HOURS AFTER TAKING POSSESSION OF AN
40 ANIMAL TAKE STEPS TO:
41 (1) CHECK THE ANIMAL FOR ALL CURRENTLY POSSIBLE FORMS OF IDENTIFICA-
42 TION INCLUDING, BUT NOT LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR
43 LICENSES; AND
44 (2) MAKE AVAILABLE TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN-
45 TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCIETY, POUND OR
46 SHELTER BY THE MUNICIPALITY OR COUNTY IN WHICH SUCH OFFICER, SOCIETY,
47 POUND OR SHELTER, IS LOCATED, OR BY AN ANIMAL RESCUE ORGANIZATION PURSU-
48 ANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
49 ARTICLE, A PHOTOGRAPH, IF PRACTICABLE, AND A GENERAL DESCRIPTION OF THE
50 ANIMAL TO ASSIST THE OWNER OR OWNERS IN FINDING THE ANIMAL, INCLUDING
51 THE SPECIES, TYPE, AND BREED OR BREEDS, IF KNOWN, THOUGH INFORMATION
52 ABOUT THE ANIMAL MAY BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE
53 FINDING THE OWNER OR OWNERS OR OTHERWISE TO PROTECT THE SAFETY OF THE
54 ANIMAL. THE OFFICER, SOCIETY, POUND OR SHELTER SHALL ALSO COMPARE THE
55 INFORMATION KNOWN ABOUT THE ANIMAL WITH RECORDS OF ANIMALS REPORTED TO
56 BE LOST OR STOLEN PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS CHAP-
A. 5449--C 4
1 TER, WITHIN TWENTY-FOUR HOURS AFTER SUCH RECORDS BECOME AVAILABLE
2 FOLLOWING SEIZURE OR TAKING POSSESSION OF SUCH ANIMAL. THE NOTICE
3 REQUIRED BY THIS SUBPARAGRAPH MAY BE MADE BY MEANS OTHER THAN THE INTER-
4 NET IF USE OF THE INTERNET IS IMPRACTICABLE.
5 B. PROMPTLY INSPECT EACH SUCH ANIMAL AFTER TAKING POSSESSION AND
6 PROMPTLY PROVIDE THE ANIMAL WITH CARE AND TREATMENT TO RELIEVE ANY PAIN
7 AND SUFFERING, INCLUDING NECESSARY IMMEDIATE VETERINARY CARE AND TREAT-
8 MENT AND PARASITE CONTROL, AND APPROPRIATE VACCINATIONS;
9 C. PROPERLY SHELTER, FEED, AND PROVIDE WATER TO THE ANIMAL DURING THE
10 TIME THE ANIMAL IS IN THE POSSESSION, CARE OR CONTROL OF SUCH OFFICER,
11 SOCIETY, POUND OR SHELTER;
12 D. WITHIN TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS OF AN ANIMAL HAS
13 BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH ANIMAL PERSONALLY OR
14 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE FACTS OF THE
15 ANIMAL'S IMPOUNDMENT AND THE PROCEDURE FOR REDEMPTION. IF NOTIFICATION
16 IS PERSONALLY GIVEN, SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF SEVEN
17 DAYS AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE ANIMAL MAY BE
18 REDEEMED BY THE OWNER OR OWNERS. IF SUCH NOTIFICATION IS MADE BY MAIL,
19 SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE DATE OF
20 MAILING, DURING WHICH PERIOD THE ANIMAL MAY BE REDEEMED BY THE OWNER OR
21 OWNERS. IN EITHER CASE, THE OWNER OR OWNERS MAY REDEEM SUCH ANIMAL UPON
22 PAYMENT OF THE IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF
23 SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER; AND
24 E. MAKE AND MAINTAIN A COMPLETE RECORD OF THE INTAKE AND SUBSEQUENT
25 DISPOSITION OF SUCH ANIMAL. SUCH RECORD SHALL INCLUDE, BUT NOT BE LIMIT-
26 ED TO, ANY IDENTIFICATION FOUND ON THE ANIMAL, INCLUDING TAG, MICROCHIP,
27 TATTOO OR LICENSE NUMBERS, THE SPECIES, TYPE OR BREED OR BREEDS, IF
28 KNOWN, APPROXIMATE SIZE AND WEIGHT, COLORING AND IDENTIFYING MARKS ON
29 THE ANIMAL, THE DATE AND HOUR OF INTAKE, THE OFFICIAL IDENTIFICATION
30 NUMBER OF SUCH ANIMAL, THE LOCATION WHERE FOUND, THE REASON FOR INTAKE,
31 AND THE OWNER'S NAME AND ADDRESS, IF KNOWN.
32 F. EXCEPT AS OTHERWISE PROVIDED BY LAW, WHERE THE OWNER OR OWNERS OF
33 AN ANIMAL HAS NOT BEEN IDENTIFIED, HOLD SUCH ANIMAL, WHETHER OR NOT
34 LICENSED, AND IN ACCORDANCE WITH AND SUBJECT TO SUBDIVISIONS EIGHT AND
35 NINE OF SECTION ONE HUNDRED SEVENTEEN AND SUBDIVISION TWO OF SECTION
36 THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER, AT LEAST FOR A REDEMPTION
37 PERIOD OF FIVE DAYS BEGINNING WHEN THE STEPS REQUIRED BY PARAGRAPH A OF
38 THIS SUBDIVISION, HAVE BEEN TAKEN, DURING WHICH PERIOD THE OFFICER,
39 SOCIETY, POUND OR SHELTER, WHICHEVER HAS POSSESSION OF THE ANIMAL DURING
40 THE APPLICABLE PERIOD, SHALL COMPLY WITH PARAGRAPHS A THROUGH E OF THIS
41 SUBDIVISION. IN THE EVENT THE OWNER OR OWNERS IS IDENTIFIED, THE HOLDING
42 PERIOD SHALL BE EXTENDED PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION.
43 THE ANIMAL MAY BE REDEEMED BY ITS OWNER OR OWNERS, UPON PAYMENT OF THE
44 IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF SECTION ONE HUNDRED
45 SEVENTEEN OF THIS CHAPTER. NOTWITHSTANDING THE FOREGOING, ANIMALS MAY
46 BE PLACED SOONER THAN FIVE DAYS WITH AN ANIMAL RESCUE ORGANIZATION AS
47 PROVIDED IN SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF
48 THIS ARTICLE, SUBJECT TO REDEMPTION BY THE OWNER OR OWNERS AS DESCRIBED
49 IN THIS PARAGRAPH.
50 S 4. Subdivisions 2, 3, 4, 5, 6, 7 and 8 of section 374 of the agri-
51 culture and markets law, as added by chapter 545 of the laws of 1971,
52 subdivision 2 as amended by chapter 449 of the laws of 2010, subdivi-
53 sions 3 and 4 as added, paragraph e of subdivision 8 as amended and
54 subdivisions 7 and 8 as renumbered by chapter 479 of the laws of 2009,
55 subdivisions 5 and 6 as amended by chapter 83 of the laws of 2011,
56 subdivision 8 as added by chapter 569 of the laws of 1995, paragraph a
A. 5449--C 5
1 of subdivision 8 as amended by chapter 594 of the laws of 2003 and para-
2 graph b of subdivision 8 as amended by chapter 419 of the laws of 2010,
3 are amended to read as follows:
4 2. In the absence of such findings or certification, a duly incorpo-
5 rated humane society, a duly incorporated society for the prevention of
6 cruelty to animals, ANIMAL SHELTER, or any pound maintained by or under
7 contract or agreement with any county, city, town or village [may] IS
8 AUTHORIZED after five days, SUBJECT TO AND IN ACCORDANCE WITH THE
9 PROVISIONS OF THIS SECTION AND PARAGRAPH (B) OF SUBDIVISION FOUR OF
10 SECTION ONE HUNDRED THIRTEEN, AND SUBDIVISIONS FOUR, SIX, EIGHT AND NINE
11 OF SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER, AND PARAGRAPHS D AND E
12 OF SUBDIVISION ONE-B OF SECTION THREE HUNDRED SEVENTY-THREE OF THIS
13 ARTICLE, TO make available for adoption, PLACE WITH AN ORGANIZATION ON A
14 LIST OF ORGANIZATIONS THAT IS MAINTAINED PURSUANT TO SUBDIVISION THREE
15 OF THIS SECTION or have humanely destroyed [in accordance with the
16 provisions of this section and subject to subdivisions six, eight and
17 nine of section one hundred eighteen of this chapter,] any animal of
18 which possession is taken as provided for in the preceding section,
19 unless the same is earlier redeemed by its owner.
20 3. a. ANY IMPOUNDING ORGANIZATION, AS DEFINED IN SUBDIVISION SIX OF
21 SECTION THREE HUNDRED FIFTY OF THIS ARTICLE, SHALL MAINTAIN A LIST OF
22 ANIMAL RESCUE ORGANIZATIONS WILLING TO ACCEPT ANIMALS FOR THE PURPOSE OF
23 ADOPTION, INCLUDING BREED-SPECIFIC RESCUES, OR TO PROVIDE THE ANIMALS
24 WITH APPROPRIATE LONG-TERM PLACEMENT AND CARE.
25 B. THE LIST SHALL INCLUDE THE FOLLOWING INFORMATION ABOUT EACH SUCH
26 ORGANIZATION:
27 (1) NAME, ADDRESS, PHONE NUMBER OR NUMBERS AND EMAIL ADDRESS OR
28 ADDRESSES; AND NAME OR NAMES AND CONTACT INFORMATION FOR THE PRIMARY
29 PERSON TO BE CONTACTED PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION,
30 AND FOR ONE ADDITIONAL PERSON TO SERVE AS A SECONDARY PERSON IN THE
31 EVENT THE PRIMARY PERSON IS UNAVAILABLE;
32 (2) SPECIES, TYPES AND BREEDS OF ANIMALS THE ORGANIZATION IS WILLING
33 TO ACCEPT;
34 (3) ANY RESOURCES AVAILABLE TO THE ORGANIZATION INCLUDING VETERINARY,
35 REHABILITATIVE OR OTHER CARE; CARE FOR SPECIAL-NEEDS ANIMALS, TRAINING
36 OR BEHAVIOR MODIFICATION PROGRAMS, INCLUDING THE NAMES AND CREDENTIALS
37 OF TRAINERS OR BEHAVIORISTS; OR APPROPRIATE SANCTUARY OR OTHER LONG-TERM
38 PLACEMENT AND CARE;
39 (4) RECORD OF THE ORGANIZATION'S DESIGNATION UNDER SECTION 501(C)(3)
40 OF THE INTERNAL REVENUE CODE.
41 C. ANIMAL RESCUE ORGANIZATIONS THAT ARE DESIGNATED UNDER SECTION
42 501(C)(3) OF THE INTERNAL REVENUE CODE MUST BE MAINTAINED ON THE LIST
43 UPON PROVIDING CURRENT INFORMATION AS SET FORTH IN PARAGRAPH B OF THIS
44 SUBDIVISION AND SUBJECT TO APPROVAL BY THE IMPOUNDING ORGANIZATION AS
45 SET FORTH IN THIS SUBDIVISION. IT SHALL BE THE RESPONSIBILITY OF THE
46 ANIMAL RESCUE ORGANIZATION TO PROVIDE THE IMPOUNDING ORGANIZATIONS WITH
47 CURRENT INFORMATION REQUIRED BY PARAGRAPH B OF THIS SUBDIVISION.
48 D. THE IMPOUNDING ORGANIZATION SHALL MAKE THE CURRENT LIST OF ANIMAL
49 RESCUE ORGANIZATIONS AVAILABLE TO ALL STAFF AND THE PUBLIC ON THE INTER-
50 NET ON A WEBSITE MAINTAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH
51 IMPOUNDING ORGANIZATION BY THE MUNICIPAL OR COUNTY GOVERNMENT IN WHICH
52 SUCH IMPOUNDING ORGANIZATION IS LOCATED, OR ANIMAL RESCUE ORGANIZATION
53 APPROVED PURSUANT TO THIS SUBDIVISION. THE NOTICE REQUIRED BY THIS PARA-
54 GRAPH MAY BE MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE INTER-
55 NET IS IMPRACTICABLE.
A. 5449--C 6
1 E. EXCEPT AS SET FORTH IN PARAGRAPHS N, O AND P OF THIS SUBDIVISION,
2 AN ANIMAL RESCUE ORGANIZATION MUST BE INCLUDED ON THE LIST AS LONG AS
3 THE ORGANIZATION CAN DEMONSTRATE THE FOLLOWING: (1) HAS THE RESOURCES
4 TO PROVIDE AND WILL PROVIDE THE ANIMALS REQUESTED TO BE TRANSFERRED WITH
5 CLEAN, SANITARY AND ADEQUATE SHELTER, FOOD, AND WATER, APPROPRIATE EXER-
6 CISE, NECESSARY VETERINARY CARE AND TREATMENT, INCLUDING VACCINATIONS
7 AND PARASITE CONTROL, AND A SAFE ENVIRONMENT; (2) MAINTAINS A PROTOCOL
8 FOR CONTAINING AND MANAGING CONTAGIOUS ILLNESS AND DISEASE; (3) MAIN-
9 TAINS AN ACTIVE ADOPTION OR PLACEMENT PROGRAM OR FACILITIES APPROPRIATE
10 FOR LONG-TERM PLACEMENT; (4) MANAGES ANIMALS TO MINIMIZE RISK OF INJURY
11 TO THE ANIMALS AND THE PUBLIC; (5) MANAGES ITS OPERATIONS SO THAT
12 ANIMALS ARE NOT AT RISK FOR ABUSE OR NEGLECT OR FOR USE IN ANIMAL FIGHT-
13 ING OR RESEARCH, EXPERIMENTATION OR TESTING; (6) HAS NOT KNOWINGLY MADE
14 ANY MATERIAL MISREPRESENTATIONS OR MATERIAL FALSE STATEMENTS TO THE
15 IMPOUNDING ORGANIZATION THAT RELATE TO THE REQUIREMENTS SET FORTH IN
16 THIS SECTION FOR INCLUSION ON THE LIST; AND (7) AVOIDS BEHAVIOR THAT
17 DISRUPTS OR INTERFERES WITH THE IMPOUNDING ORGANIZATION'S LAWFUL OPER-
18 ATIONS.
19 F. THE IMPOUNDING ORGANIZATION SHALL HAVE THE AUTHORITY TO INSPECT, AT
20 A REASONABLE TIME, THE FACILITIES, ANIMAL MAINTENANCE RECORDS AND
21 ANIMALS OF THE ANIMAL RESCUE ORGANIZATION, INCLUDING REQUESTING TO VISIT
22 FOSTER HOMES, TO DETERMINE WHETHER THE ANIMAL RESCUE ORGANIZATION SHOULD
23 BE APPROVED FOR INCLUSION ON THE LIST. TO DETERMINE WHETHER THE ANIMAL
24 RESCUE ORGANIZATION SHOULD BE MAINTAINED ON THE LIST, THE IMPOUNDING
25 ORGANIZATION SHALL HAVE THE AUTHORITY TO MAKE SUCH AN INSPECTION ANNUAL-
26 LY AND ALSO WHEN THE IMPOUNDING ORGANIZATION HAS A REASONABLE BELIEF THE
27 ANIMAL RESCUE ORGANIZATION DOES NOT MEET THE REQUIREMENTS OF THIS
28 SECTION FOR INCLUSION ON THE LIST. THE ANIMAL RESCUE ORGANIZATION SHALL
29 COOPERATE IN PROVIDING INFORMATION THE IMPOUNDING ORGANIZATION MAY
30 REASONABLY REQUIRE TO MAKE THE DETERMINATION DESCRIBED IN THIS SUBDIVI-
31 SION. THE FIRST SUCH INSPECTION TO QUALIFY THE ANIMAL RESCUE ORGANIZA-
32 TION FOR THE LIST INITIALLY MUST BE COMPLETED WITHIN FORTY-FIVE DAYS OF
33 THE DATE THE ANIMAL RESCUE ORGANIZATION SUBMITS A REQUEST FOR INCLUSION
34 ON THE LIST AND INFORMATION AS DESCRIBED IN PARAGRAPHS B AND C OF THIS
35 SUBDIVISION.
36 G. THE APPROVAL OF THE IMPOUNDING ORGANIZATION SHALL NOT BE UNREASON-
37 ABLY WITHHELD. THE IMPOUNDING ORGANIZATION SHALL STATE IN WRITING,
38 SIGNED BY THE MANAGING DIRECTOR OR OFFICER, OR THE APPOINTED AGENT OF
39 THE MANAGING DIRECTOR OR OFFICER, THE REASONS WHY AN ANIMAL RESCUE
40 ORGANIZATION DOES NOT MEET THE CRITERIA SET FORTH IN PARAGRAPH F OF THIS
41 SUBDIVISION AND IS NOT APPROVED OR IS NOT APPROVED FOR SOME OR ALL
42 ANIMALS, OR HAS BEEN REMOVED FROM THE LIST. THE REASONS, INCLUDING ANY
43 ACTS OR OMISSIONS, OR MATERIALLY FALSE STATEMENTS THAT HAVE RESULTED IN
44 DISAPPROVAL, MUST BE DESCRIBED WITH SUFFICIENT SPECIFICITY TO INFORM THE
45 ANIMAL RESCUE ORGANIZATION OF THE PARTICULAR CRITERIA THAT HAVE NOT BEEN
46 MET, THE SPECIFIC ACTS OR OMISSIONS, OR FALSE STATEMENTS THAT HAVE
47 RESULTED IN DISAPPROVAL, AND THE ACTIONS REQUIRED FOR APPROVAL, IF
48 POSSIBLE. WITHIN TEN BUSINESS DAYS, A COPY OF SUCH WRITTEN DOCUMENT
49 SHALL BE PROVIDED TO THE ANIMAL RESCUE ORGANIZATION THAT WILL NOT BE
50 INCLUDED OR THAT HAS BEEN REMOVED FROM THE LIST.
51 H. THE ANIMAL RESCUE ORGANIZATION THAT IS NOT APPROVED OR REMOVED FROM
52 THE LIST PURSUANT TO PARAGRAPHS E, F AND G OF THIS SUBDIVISION, MAY, AT
53 ANY TIME, DEMONSTRATE THAT THE REASONS STATED FOR DENYING APPROVAL HAVE
54 BEEN REMEDIED AND REQUEST APPROVAL FOR PLACEMENT ON THE LIST AS PROVIDED
55 IN THIS SUBDIVISION. THE IMPOUNDING ORGANIZATION SHALL COOPERATE BY
56 PROVIDING A REINSPECTION, IF NECESSARY, WITHIN FORTY-FIVE DAYS AFTER A
A. 5449--C 7
1 REQUEST FOR RECONSIDERATION BY THE ANIMAL RESCUE ORGANIZATION, TO DETER-
2 MINE IF THE ANIMAL RESCUE ORGANIZATION IS APPROVED. A DECISION TO
3 CONTINUE TO DENY APPROVAL TO SUCH ANIMAL RESCUE ORGANIZATION MUST BE IN
4 WRITING CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH G OF THIS SUBDIVI-
5 SION AND A COPY OF SAME PROVIDED TO THE ORGANIZATION. AN IMPOUNDING
6 ORGANIZATION SHALL NOT BE REQUIRED TO CONSIDER AN ANIMAL RESCUE ORGAN-
7 IZATION FOR PLACEMENT ON THE LIST MORE THAN TWICE ANNUALLY.
8 I. SUBJECT TO PARAGRAPHS F, G, H, N, O AND P OF THIS SUBDIVISION, AN
9 IMPOUNDING ORGANIZATION MUST INCLUDE AN ANIMAL RESCUE ORGANIZATION ON
10 THE LIST IF THE ANIMAL RESCUE ORGANIZATION HAS BEEN PREVIOUSLY APPROVED
11 FOR INCLUSION ON THE LIST OF ANOTHER IMPOUNDING ORGANIZATION IN NEW YORK
12 STATE.
13 J. NO ANIMAL SHALL BE EUTHANIZED AS DESCRIBED IN SUBDIVISION TWO OF
14 THIS SECTION UNLESS THE IMPOUNDING ORGANIZATION CERTIFIES IN WRITING
15 SIGNED BY THE IMPOUNDING ORGANIZATION'S MANAGING DIRECTOR OR OFFICER, OR
16 THE APPOINTED AGENT OF THE MANAGING DIRECTOR OR OFFICER, THAT: (1) THE
17 IMPOUNDING ORGANIZATION HAS CONTACTED EACH OF THE ANIMAL RESCUE ORGAN-
18 IZATIONS APPROVED FOR THE SPECIES, TYPE OR BREED OF ANIMAL; AND (2) THAT
19 NONE OF THE ANIMAL RESCUE ORGANIZATIONS CONTACTED WERE WILLING AND ABLE
20 TO ACCEPT TRANSFER OF THE ANIMAL, OR IF AN ANIMAL RESCUE ORGANIZATION
21 CONTACTED DID NOT RESPOND OR FAILED TO PICK UP OR ACCEPT TRANSFER OF AN
22 ANIMAL AFTER AGREEING TO DO SO, THAT THE ANIMAL RESCUE ORGANIZATION WAS
23 CONTACTED AT THE METHODS OF CONTACT PROVIDED IN THE LIST PURSUANT TO
24 SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION, AND AT THE END OF
25 THE REDEMPTION PERIOD OR AFTER TWO DAYS FOLLOWING THE LAST CONTACT, NOT
26 INCLUDING THE DAY OF CONTACT, WHICHEVER IS LONGER, THERE WAS NO RESPONSE
27 OR NO CONFIRMATION THAT THE ANIMAL RESCUE ORGANIZATION WAS WILLING AND
28 ABLE TO ACCEPT TRANSFER OF THE ANIMAL, OR THE ANIMAL RESCUE ORGANIZATION
29 FAILED TO PICK UP OR ACCEPT TRANSFER OF THE ANIMAL. A COPY OF SUCH
30 CERTIFICATION SHALL BE MAINTAINED FOR TWO YEARS AND AVAILABLE TO THE
31 PUBLIC UPON REQUEST. THIS PARAGRAPH SHALL NOT APPLY TO EUTHANASIA
32 PERFORMED PURSUANT TO SUBDIVISIONS ONE AND FIVE OF THIS SECTION. AN
33 IMPOUNDING ORGANIZATION IS NOT REQUIRED TO CONTACT AN ANIMAL RESCUE
34 ORGANIZATION ON THE LIST ABOUT TAKING ANIMALS THAT ARE A SPECIES, TYPE
35 OR BREED THAT THE ANIMAL RESCUE ORGANIZATION DID NOT PREVIOUSLY INDICATE
36 PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH B OF THIS SUBDIVISION THAT
37 THEY WOULD ACCEPT, OR ARE ANIMALS FOR WHICH THE IMPOUNDING ORGANIZATION
38 DID NOT APPROVE THE ANIMAL RESCUE ORGANIZATION.
39 K. THE IMPOUNDING ORGANIZATION MAY CHARGE A REASONABLE ADOPTION FEE
40 FOR EACH ANIMAL TRANSFERRED TO AN ANIMAL RESCUE ORGANIZATION ON THE LIST
41 AND WHICH DOES NOT EXCEED THE ADOPTION FEE THAT WOULD BE CHARGED TO
42 ADOPTERS.
43 L. AN ANIMAL THAT HAS BEEN DETERMINED BY A COURT HAVING COMPETENT
44 JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
45 HUNDRED TWENTY-THREE OF THIS CHAPTER, SHALL BE ELIGIBLE ONLY FOR TRANS-
46 FER TO AN ANIMAL RESCUE ORGANIZATION THAT CAN MEET THE REQUIREMENTS AS
47 ORDERED BY A COURT UNDER SECTION ONE HUNDRED TWENTY-THREE OF THIS CHAP-
48 TER FOR THE CARE AND HANDLING OF SUCH ANIMAL.
49 M. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY ANIMAL
50 THAT AN IMPOUNDING ORGANIZATION HAS ACCEPTED FROM THE OWNER WHO HAS
51 STATED IN WRITING THAT BASED ON THE OWNER'S REASONABLE DETERMINATION,
52 HUMANE EUTHANASIA IS IN THE BEST INTEREST OF THE ANIMAL. THE WRITTEN
53 STATEMENT SHALL BE SIGNED BY THE OWNER AND DATED THE DAY OF SURRENDER TO
54 THE IMPOUNDING ORGANIZATION, AND DELIVERED TO THE IMPOUNDING ORGANIZA-
55 TION WHICH SHALL MAINTAIN THE WRITTEN STATEMENT FOR TWO YEARS.
A. 5449--C 8
1 N. IMPOUNDING ORGANIZATIONS MAY BUT ARE NOT REQUIRED TO INCLUDE ON THE
2 LIST ANIMAL RESCUE ORGANIZATIONS LOCATED OUTSIDE OF THE STATE OF NEW
3 YORK AND WHICH IS EITHER MORE THAN SEVENTY-FIVE MILES FROM THE IMPOUND-
4 ING ORGANIZATION, OR OUTSIDE OF THE IMPOUNDING ORGANIZATION'S COUNTY AND
5 ADJOINING COUNTIES, WHICHEVER IS THE GREATER DISTANCE.
6 O. NOTWITHSTANDING THE REQUIREMENTS OF THIS SUBDIVISION, IMPOUNDING
7 ORGANIZATIONS THAT IMPOUNDED, SEIZED, OR OTHERWISE TOOK IN FEWER THAN
8 TWO ANIMALS PER WEEK ON AVERAGE IN THE PRECEDING CALENDAR YEAR SHALL NOT
9 BE REQUIRED TO MAINTAIN MORE THAN FOUR ANIMAL RESCUE ORGANIZATIONS ON
10 THE LIST AT ANY TIME.
11 P. AN ANIMAL RESCUE ORGANIZATION SHALL BE EXCLUDED FROM THE LIST IF
12 ANY OF THE ORGANIZATION'S CURRENT DIRECTORS, MANAGERS, EMPLOYEES OR
13 REGULAR VOLUNTEERS HAVE EVER BEEN CONVICTED OF OR PLEADED GUILTY TO OR
14 IS CURRENTLY CHARGED WITH ANY FELONY; OR ANY FELONY, MISDEMEANOR,
15 OFFENSE, INFRACTION, OR VIOLATION FOR FAILURE TO COMPLY WITH SECTIONS
16 THREE HUNDRED FIFTY, THREE HUNDRED SEVENTY-THREE AND THREE HUNDRED
17 SEVENTY-FOUR OF THIS ARTICLE OR SIMILAR ANIMAL FIGHTING, ANIMAL CRUELTY
18 OR NEGLECT OR ANTI-HOARDING LAWS IN ANY FEDERAL, STATE OR LOCAL JURIS-
19 DICTION; IN THE PREVIOUS TEN YEARS, HAS HAD ANIMALS IN HIS OR HER CARE
20 OR CUSTODY SEIZED OR CONFISCATED FOR SUSPECTED VIOLATIONS OF SUCH LAWS;
21 OR HAS AT ANY TIME BEEN THE SUBJECT OF A RESTRAINING ORDER, INJUNCTION,
22 CEASE AND DESIST, STOP MOVEMENT ORDER, LICENSE DENIAL, REVOCATION OR
23 SUSPENSION, A SEIZURE OR CONFISCATION OF ANIMALS OR OTHER DISCIPLINARY
24 ACTION FOR VIOLATION OF THE ANIMAL WELFARE ACT, 7 U.S.C. SECTIONS 2131
25 ET SEQ. OR REGULATIONS ISSUED THEREUNDER, OR SIMILAR ANIMAL PROTECTION
26 LAWS IN ANY FEDERAL, STATE OR LOCAL JURISDICTION. THE RESCUING ORGANIZA-
27 TION OR INDIVIDUAL SHALL COOPERATE IN PROVIDING INFORMATION ABOUT SUCH
28 VIOLATIONS INCLUDING, UPON REQUEST OF THE IMPOUNDING ORGANIZATION, BY
29 HAVING ANY OF ITS DIRECTORS, MANAGERS, EMPLOYEES OR REGULAR VOLUNTEERS
30 CERTIFY IN WRITING UNDER PENALTY OF PERJURY THAT THEY HAVE NOT BEEN
31 CONVICTED, CITED OR THE SUBJECT OF AN ORDER OR OTHER ACTION AS DESCRIBED
32 IN THIS PARAGRAPH.
33 4. A. Except as provided in subdivision [four] FIVE of this section,
34 euthanasia of animals pursuant to this section shall be accomplished
35 solely by means of injection of sodium pentobarbital or sodium pentobar-
36 bital solution administered by a certified euthanasia technician, a
37 licensed veterinarian or a licensed veterinary technician. Euthanasia
38 by intracardiac injection of sodium pentobarbital or sodium pentobarbi-
39 tal solution shall be performed only upon animals that are heavily
40 sedated, anesthetized, or comatose. However, only a licensed veterinari-
41 an may perform euthanasia by intracardiac injection of sodium pentobar-
42 bital or sodium pentobarbital solution upon animals that are not heavily
43 sedated, anesthetized or comatose and only when such licensed veterina-
44 rian determines that such intracardiac injection is the most humane
45 option available. Whenever a cardiac injection of sodium pentobarbital
46 or sodium pentobarbital solution is administered by a licensed veterina-
47 rian upon an animal that is not heavily sedated, anesthetized or coma-
48 tose, such veterinarian must document, in writing, the administration of
49 such injection and the reason for its administration. Such documentation
50 shall be retained for at least three years. Under no circumstances shall
51 intracardiac injection be performed on animals that are not heavily
52 sedated, anesthetized or comatose where such animals are under the care
53 of any duly incorporated society for the prevention of cruelty to
54 animals, animal shelter, humane society or pound.
55 b. No animal shall be left unattended between the time that the eutha-
56 nasia procedure begins and the time when death is confirmed. The body of
A. 5449--C 9
1 a euthanized animal shall not be disposed of in any manner until death
2 is confirmed by a licensed veterinarian, a certified euthanasia techni-
3 cian or a licensed veterinary technician. Violations of this paragraph
4 shall be punishable by a civil penalty of not more than five hundred
5 dollars.
6 The department of health shall promulgate regulations deemed necessary
7 for implementation of the provisions of this subdivision, including
8 regulations governing the training and certification of certified eutha-
9 nasia technicians.
10 [4.] 5. a. Any method of euthanasia other than that provided for in
11 subdivision [three] FOUR of this section is prohibited except that
12 euthanasia of an animal by gunshot is permissible as an emergency meas-
13 ure for an animal that is posing an imminent threat of serious physical
14 injury to a person or to another animal as provided in section one
15 hundred [twenty-one-a] TWENTY-THREE-A of this chapter and where the use
16 of a humane method of euthanasia prescribed in this section is rendered
17 impossible or where a severely injured animal is suffering and cannot
18 otherwise be aided.
19 b. Within ninety days of the effective date of this subdivision, any
20 chamber used to induce hypoxia by means of a lethal gas shall be disman-
21 tled, rendered inoperable and beyond repair, and removed from the prem-
22 ises. Violations of this paragraph shall be punishable by a civil penal-
23 ty of not more than five hundred dollars.
24 [5.] 6. No person shall release any [dog or cat] ANIMAL from the
25 custody or control of any pound, shelter, DULY INCORPORATED society for
26 the prevention of cruelty to animals, DULY INCORPORATED humane society,
27 [dog] DULY INCORPORATED ANIMAL protective association, dog OR ANIMAL
28 control officer, peace officer or any agent thereof, for any purpose
29 except adoption or redemption by its owner, PLACEMENT WITH AN ANIMAL
30 RESCUE ORGANIZATION ON A LIST MAINTAINED PURSUANT TO SUBDIVISION THREE
31 OF THIS SECTION, OR PLACEMENT FOR THE PURPOSE OF PROVIDING TEMPORARY
32 SHELTER PENDING RESOLUTION OF LITIGATION INVOLVING SUCH ANIMAL;
33 provided, however, that after the time for redemption has expired,
34 release may be made to another such [pound, duly incorporated society
35 for the prevention of cruelty to animals, duly incorporated humane soci-
36 ety or duly incorporated animal protective association] IMPOUNDING
37 ORGANIZATION for the sole purpose of placing such animal in an adoptive
38 home when such action is reasonably believed to improve the opportunity
39 for adoption. Notwithstanding the penalties set forth in paragraph b of
40 subdivision [three] FOUR of this section and paragraph b of subdivision
41 [four] FIVE of this section, any violation of this subdivision, subdivi-
42 sion two, [three or] four, OR FIVE of this section, shall constitute a
43 misdemeanor and shall be punishable by imprisonment for not more than
44 one year, or by a fine of not more than one thousand dollars, or by
45 both.
46 [6. In lieu of such destruction, redemption or other disposition
47 pursuant to this section, such pound, shelter, or society may in its
48 discretion lawfully and without liability deliver such animal for
49 adoption to an individual other than the owner after the time for
50 redemption has expired.]
51 7. AN IMPOUNDING ORGANIZATION SHALL HAVE NO LIABILITY AS A RESULT OF
52 THE ADOPTION OF AN ANIMAL TO AN INDIVIDUAL OTHER THAN THE OWNER OR FOR
53 PLACEMENT OF AN ANIMAL WITH AN ANIMAL RESCUE ORGANIZATION AS PROVIDED BY
54 THIS SECTION.
55 8. Prior to such destruction or other disposition, the owner of the
56 animal may redeem the same upon proving title to the satisfaction of
A. 5449--C 10
1 such society and paying such society such amount, approved by a magis-
2 trate, as may have been reasonably expended by such society in
3 connection with the care and maintenance thereof.
4 [8.] 9. a. In addition to any other penalty provided by law, upon
5 conviction for any violation of section three hundred fifty-one, three
6 hundred fifty-three, three hundred fifty-three-a, three hundred fifty-
7 three-b, three hundred fifty-five, three hundred fifty-six, three
8 hundred fifty-nine, three hundred sixty, three hundred sixty-one, three
9 hundred sixty-five or three hundred sixty-eight of this article, the
10 convicted person may, after a duly held hearing pursuant to paragraph f
11 of this subdivision, be ordered by the court to forfeit, to a duly
12 incorporated society for the prevention of cruelty to animals or a duly
13 incorporated humane society or authorized agents thereof, the animal or
14 animals which are the basis of the conviction. Upon such an order of
15 forfeiture, the convicted person shall be deemed to have relinquished
16 all rights to the animals which are the basis of the conviction, except
17 those granted in paragraph d of this subdivision.
18 b. Pursuant to the provisions of subdivisions two, three, four [and],
19 five, AND SIX of this section, no animal in the custody of a duly incor-
20 porated society for the prevention of cruelty to animals, a duly incor-
21 porated humane society, duly incorporated animal protective association,
22 ANIMAL SHELTER OR pound or its authorized agents thereof, OR AN ANIMAL
23 RESCUE ORGANIZATION ON A LIST AS DESCRIBED IN SUBDIVISION THREE OF THIS
24 SECTION, OR THEIR AUTHORIZED AGENTS, shall be sold, transferred or
25 otherwise made available to any person for the purpose of research,
26 experimentation or testing. No authorized agent of a duly incorporated
27 society for the prevention of cruelty to animals, nor of a duly incorpo-
28 rated humane society, duly incorporated animal protective association
29 [or], ANIMAL SHELTER, pound, OR ANIMAL RESCUE ORGANIZATION ON A LIST AS
30 DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, shall use any animal
31 placed in its custody by the duly incorporated society for the
32 prevention of cruelty to animals or duly incorporated humane society,
33 DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, ANIMAL SHELTER, POUND,
34 OR ANIMAL RESCUE ORGANIZATION ON A LIST AS DESCRIBED IN SUBDIVISION
35 THREE OF THIS SECTION, OR THEIR AGENTS, for the purpose of research,
36 experimentation or testing.
37 c. The court may additionally order that the convicted person or any
38 person dwelling in the same household who conspired, aided or abetted in
39 the unlawful act which was the basis of the conviction, or who knew or
40 should have known of the unlawful act, shall not own, harbor, or have
41 custody or control of any other animals, other than farm animals, for a
42 period of time which the court deems reasonable.
43 d. In the case of farm animals, the court may, in addition to the
44 forfeiture to a duly incorporated society for the prevention of cruelty
45 to animals or a duly incorporated humane society or authorized agents
46 thereof, and subject to the restrictions of sections three hundred
47 fifty-four and three hundred fifty-seven of this article, order the farm
48 animals which were the basis of the conviction to be sold. In no case
49 shall farm animals which are the basis of the conviction be redeemed by
50 the convicted person who is the subject of the order of forfeiture or by
51 any person dwelling in the same household who conspired, aided or abet-
52 ted in the unlawful act which was the basis of the conviction, or who
53 knew or should have known of the unlawful act. The court shall reimburse
54 the convicted person and any duly determined interested persons, pursu-
55 ant to paragraph f of this subdivision, any money earned by the sale of
56 the farm animals less any costs including, but not limited to, veteri-
A. 5449--C 11
1 nary and custodial care, and any fines or penalties imposed by the
2 court. The court may order that the subject animals be provided with
3 appropriate care and treatment pending the hearing and the disposition
4 of the charges. Any farm animal ordered forfeited but not sold shall be
5 remanded to the custody and charge of a duly incorporated society for
6 the prevention of cruelty to animals or duly incorporated humane society
7 or its authorized agent thereof and disposed of pursuant to paragraph e
8 of this subdivision.
9 e. A duly incorporated society for the prevention of cruelty to
10 animals or a duly incorporated humane society in charge of animals
11 forfeited pursuant to paragraph a of this subdivision may, in its
12 discretion, lawfully and without liability, adopt them to individuals
13 other than the convicted person or person dwelling in the same household
14 who conspired, aided or abetted in the unlawful act which was the basis
15 of the conviction, or who knew or should have known of the unlawful act,
16 PLACE THEM WITH AN ANIMAL RESCUE ORGANIZATION ON A LIST AS DESCRIBED IN
17 SUBDIVISION THREE OF THIS SECTION, or IF NO SUCH ANIMAL RESCUE ORGANIZA-
18 TION IS WILLING OR ABLE TO ACCEPT THE ANIMALS AND THE SOCIETY HAS
19 COMPLIED WITH THE REQUIREMENTS OF PARAGRAPH I OF SUBDIVISION THREE OF
20 THIS SECTION, humanely dispose of them according to the provisions of
21 subdivisions two, [three,] four [and], five AND SIX of this section.
22 f. (1) Prior to an order of forfeiture of farm animals, a hearing
23 shall be held within thirty days of conviction, to determine the pecuni-
24 ary interests of any other person in the farm animals which were the
25 basis of the conviction. Written notice shall be served at least five
26 days prior to the hearing upon all interested persons. In addition,
27 notice shall be made by publication in a local newspaper at least seven
28 days prior to the hearing. For the purposes of this subdivision, inter-
29 ested persons shall mean any individual, partnership, firm, joint stock
30 company, corporation, association, trust, estate, or other legal entity
31 who the court determines may have a pecuniary interest in the farm
32 animals which are the subject of the forfeiture action.
33 (2) All interested persons shall be provided an opportunity at the
34 hearing to redeem their interest as determined by the court in the
35 subject farm animals and to purchase the interest of the convicted
36 person. The convicted person shall be entitled to be reimbursed his
37 interest in the farm animals, less any costs, fines or penalties imposed
38 by the court, as specified under paragraph d of this subdivision. In no
39 case shall the court award custody or control of the animals to any
40 interested person who conspired, aided or abetted in the unlawful act
41 which was the basis of the conviction, or who knew or should have known
42 of the unlawful act.
43 g. Nothing in this section shall be construed to limit or restrict in
44 any way the rights of a secured party having a security interest in any
45 farm animal described in this section. This section expressly does not
46 impair or subordinate the rights of such a secured lender having a secu-
47 rity interest in farm animals or in the proceeds from the sale of such
48 farm animals.
49 S 5. Section 350 of the agriculture and markets law is amended by
50 adding a new subdivision 6 to read as follows:
51 6. "IMPOUNDING ORGANIZATION" MEANS ANY DULY INCORPORATED HUMANE SOCIE-
52 TY, DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS,
53 DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, ANIMAL SHELTER OR POUND
54 MAINTAINED BY OR UNDER CONTRACT OR AGREEMENT WITH ANY COUNTY, CITY, TOWN
55 OR VILLAGE, THAT TAKES POSSESSION OF ABANDONED, NOT PROPERLY CARED FOR,
A. 5449--C 12
1 LOST, STRAY OR HOMELESS ANIMALS, OR ANIMALS THAT HAVE BEEN SURRENDERED
2 BY THE OWNER OR OWNERS.
3 S 6. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law.
